Table of Contents

II. SUMMARY OF COMPLAINTS

Lack of Communication

Abuse of Power

Excesses in the Use of Roadblocks

Detentions, Injuries and Property Damage

A) Saint-Sauveur
B) Saint-Simon

Lack of Adequate Medical Treatment Within a Reasonable Time

Other Complaints

II. SUMMARY OF COMPLAINTS

As a result of the events in Saint-Sauveur and Saint-Simon, several individuals and a number of social and community organizations informed the Solicitor General's Office of New Brunswick and the Premier of New Brunswick of their concerns about the RCMP action resulting from the events of May 2 to 4, 1997. Requests for public hearings were made to these provincial authorities.

Between February 18 and April 6, 1998, the Commission received a total of 170 complaints, of which 14 were subsequently withdrawn and are not considered in this report. A summary of the 170 complaints is included in this report as Appendix A.

The complaints are divided into six categories. Some were general, others highly specific. The categories are: 1) lack of communication; 2) abuse of powers; 3) excesses in the use of roadblocks; 4) detentions, injuries and damage to property; 5) lack of adequate medical treatment within a reasonable time; and 6) other complaints. A complaint may contain more than one allegation. In such instances, the various allegations are dealt with in the categories to which they belong.

1. Lack of Communication

Prior to the events of May 2 to 4, 1997, the plan established for communication between the RCMP and representatives of the communities of Saint-Sauveur and Saint-Simon was working relatively well. According to some complainants, the plan was totally ignored both at the key moment during the events and following the events. The complaints concerning lack of communication were subdivided as follows:

a) the RCMP management ignored their communication plan in failing to communicate with parents' representatives during the demonstrations of May 2 and 4, 1997. (Hermel Mazerolle (complaint 42) complained that the mediator designated by the RCMP had not taken the time to listen to people to determine their intentions. Gilles Halley and Susan Barton (complaint 1) stated that everything could have been settled peacefully if the RCMP had negotiated with tact and diplomacy. Pascal Gionet (complaint 37) stated that the RCMP authorities did not negotiate properly in dealing with the conflict;

b) the special unit took action against the demonstrators without warning and without any attempt to communicate with them (this concern was raised by Maryse Chiasson (complaint 151), Isabelle Léger (complaint 153), Claude Doiron (complaint 155), Johanne Landry-Gallien (complaint 156) and Fernande LeBreton (complaint 158));

c) the RCMP spread inaccurate information and relied on this information to justify its actions (see Monique Ferron (complaint 20), Martin Noël (complaint 63), Michel Noël (complaint 64) and Denise Mallet (complaint 167));

d) RCMP management did nothing after the events of May 4, 1997 to restore the tarnished image of the RCMP. Furthermore, RCMP management did not attempt to restore satisfactory relations with citizens of the Saint-Sauveur and Saint-Simon communities after the situation had returned to normal. (See Isabelle Léger, complaint 153.)

2. Abuse of Power

This category comprises the largest number of complaints. All the complaints concerning the events in Saint-Sauveur and Saint-Simon allege, in one form or another, improper use of force by the police. The occasional variations have to do with the types of action taken.

The complaints in this category are usually expressed in very general terms. They may be summarized as follows:

a) with respect to the specific circumstances stemming from the events in Saint Sauveur and Saint-Simon, RCMP management demonstrated a lack of judgement by calling in the RCMP Special Unit;

b) the RCMP officer in charge used excessive force in deploying the tactical troop, the Police Service Dog teams and the Emergency Response Team to put an end to the demonstrations in Saint-Sauveur and Saint-Simon, and when he decided to use a helicopter to fly over the crowd in Saint-Sauveur;

c) members of the RCMP provoked the demonstrators and intimidated and harassed them to gain the upper hand and make their presence felt in the communities concerned;

d) RCMP management erred in using La Découverte School in Saint-Sauveur for its Command Post.

Some residents of Saint-Sauveur circulated a petition concerning the events of May 2 and the so-called "hostage taking" of May 4, and filed it as a complaint about RCMP members' actions. The improper use of power described in this petition falls primarily into the category of the use of excessive force, intimidation and civil rights violations. The gist of the petition reads as follows:

[TRANSLATION]
As a citizen of this community, I deplore the fact that there was an abuse of power and a violation of civil rights.

I witnessed these events and/or attended the public meeting and/or took part in the peaceful march of women, men, the elderly and children in which we were protesting against the closing of our school and during which we were not armed. I witnessed and/or was present during the hostage taking of May 4, 1997, in which the RCMP took over our school as its headquarters and took us all hostage, threatening us to remain quiet or they would use whatever force was needed.

The complaints numbered 71 to 146 in Appendix A all stem from this petition.

3. Excesses in the Use of Roadblocks

During the events that occurred in Saint-Sauveur from May 2 to 4, 1997, the police erected and maintained roadblocks at both ends of the parish. At these locations, the police stopped a number of cars and searched some of them. Many complaints were received to the effect that these roadblocks were not justified. These are the complaints from Sylvère Duguay (complaint 3), Marguerite Plourde (complaint 10), Monique Ferron (complaint 20), Rhéal Ferron (complaint 22), Jeannette Hébert (complaint 46) and Nathalie Richard (complaint 70). There was also the specific complaint from Albina Duguay (complaint 21) and Lucienne Duguay (complaint 66), to the effect that during the evening of May 3, they left Saint-Sauveur and when they attempted to return, the police had set up a check point near Allardville and refused them access when they wanted to return home. Lastly, there is the complaint from Diane Haché (complaint 26), in which she states that she was stopped on the evening of May 3, 1997 at a roadblock in Saint-Sauveur when, in her view, there was no riot going on that could justify the setting up of a roadblock.

4. Detentions, Injuries and Property Damage

During the events in Saint-Sauveur and Saint-Simon, a number of people were apprehended, incarcerated or detained. A number of people who were in Saint-Simon maintained that they were injured as a result of police action. Lastly, people complained that their property was damaged. This category deals with all these complaints.

A) Saint-Sauveur

In Saint-Sauveur, Pascale Comeau (complaint 5) complained that her husband, Bruno Comeau, was apprehended in his vehicle for no reason. René Hébert (complaint 9) says that he was arrested and held without justification while the police attempted to determine whether or not he was guilty of some offence.           (complaint 51) complained that three police officers searched him and detained him overnight in a detachment cell without justification.

During the events of May 2 in Saint-Sauveur, tear gas was used. It was alleged that tear gas cartridges struck people and cars, causing injuries and property damage. Monique Ferron (complaint 19), Conrad Lanteigne (complaint 28), Sylvie Noël (complaint 29), Conrad Boudreau (complaint 35), Jeannette Hébert (complaint 46), Rainald Duguay (complaint 47), Roger Hébert (complaint 49) and Marc Chiasson (complaint 56) complained that people were injured during the course of the events. One person, a young girl, was struck in the face by a tear gas cartridge and a woman who was trying to run away tripped and hurt herself. Marguerite Plourde (complaint 10), Rhéal Ferron (complaint 24) and Conrad Lanteigne (complaint 28) claimed that some cars were damaged by tear gas cartridges fired by the police.

B) Saint-Simon

The complaints received in connection with Saint-Simon concern treatment by police during arrests. Géraldine Hébert (complaint 147) complained about police treatment of her, and of the treatment of           and            by police when they were arrested. Maryse Chiasson (complaint 151), Isabelle Léger (complaint 153) and Fernande LeBreton (complaint 158) complained about the arrest of Pierre Lanteigne. Rosemonde Losier (complaint 152) alleged that the manner in which           was arrested was abusive, and lastly, (complaint 164) made a complaint about the way he and           were treated when they were arrested by the RCMP.

In addition, some of the persons arrested in Saint-Simon were injured. Most of these complaints refer to the treatment suffered by            ,            and Christian Noël. These complaints were made by Géraldine Hébert (complaint 147), Mireille Manuel (complaint 149), Marie Jeanne Chiasson (complaint 150), Rosemonde Losier (complaint 152), Agnès Savoie (complaint 154), Elmira Mallais (complaint 157), Gisèle Savoie (complaint 159), Dérilda Morel (complaint 160), Lionel Foulem (complaint 161), Normand Albert (complaint 162) and           (complaint 164)). Joanne Paulin (complaint 169) complained of an injury to her leg caused by a tear gas cartridge and of an asthma attack triggered during the events. Lastly, there were two complaints related to property damage. Fernande LeBreton (complaint 158) complained that the rear window of Bertrand Gallien's car was damaged by a tear gas cartridge; and, Andréa Paulin (complaint 170) said that she tripped while trying to get away from the site of the events in Saint-Simon and lost her dental prosthesis, which shattered when it hit the ground.

5. Lack of Adequate Medical Treatment Within a Reasonable Time

This category is limited to the events in Saint-Simon, during which people were injured as a result of police action. The complainants stated that the persons injured were detained by members of the RCMP who did not provide them with adequate medical treatment within a reasonable period of time. These complaints were made by Marie Jeanne Chiasson (complaint 150), Rosemonde Losier (complaint 152), Elmira Mallais (complaint 157), Dérilda Morel (complaint 160), Lionel Foulem (complaint 161),           (complaint 164) and Denise Mallet (complaint 167).

6. Other Complaints

Lastly, other complaints (or allegations) were received, in addition to those described above. They are difficult to place in any specific category and, for the purposes of the investigation, it was decided to place them in a general category:

a) Gilles Halley and Susan Barton, of the Front commun pour la justice sociale (complaint 1), complained that "an internal memo" had been sent from RCMP headquarters in Fredericton which indicated, in an alarmist manner, that a riot was about to occur in Saint-Sauveur;

b) Marcelle Lanteigne (complaint 2) said that she had to wait approximately 30 minutes before she could leave the schoolyard of Saint-Sauveur school on Friday May 2, because of the roadblock set up by 25 police cars at the exit from the yard;

c) Marguerite Plourde (complaint 10) complained that the police presence was intimidating when members of the Save-Our-School Committee went to the Atlantic Host Inn to meet the Minister of Education and the Assistant Deputy Minister;

d) Gérarda Morais-Thériault (complaint 11) complained that on the evening of May 3, when she was returning home after visiting her sister in Saint-Sauveur, a police officer stopped her for speeding; she was of the view that the real reason was that she had been in Saint-Sauveur;

e) Avila Duguay (complaint 23) alleged that action by RCMP members during the events of May 2 prevented him from driving his wife to the emergency ward because the road was blocked;

f) Pascal Gionet (complaint 37) complained that during the events of May 2, RCMP police officers prevented him from going to the fire station to perform his duties as a volunteer fire-fighter;

g) Odette Rousselle (complaint 38) said that when she was attempting to get to the demonstration to pick up her children, a police officer stopped her from doing so by placing his rifle on her stomach;

h) Jean-Guy Sonier (complaint 48), the Chief of the Saint-Sauveur volunteer fire-fighters at the time of the events, complained that the RCMP did not respond when he asked for them to act on May 3, that the members of the RCMP then invaded the community, and that the police officers were driving their patrol cars dangerously;

i) Martin Noël (complaint 63) complained that police intimidation continued. He was referring in particular to an incident that occurred when a car caught fire in Saint-Sauveur several months after the demonstration;

j) Diane Duke (complaint 138) complained that at approximately 8:00 p.m. on May 4, 1997, when she was driving west on Highway 160, she encountered an unmarked RCMP car being driven dangerously; and

k) Éloi Albert (complaint 169) complained that during the police action in Saint-Simon on May 4, 1997, the police entered his property without his permission and that one of the two officers made a disparaging comment about Francophones. He also complained that a police officer threatened his 88-year-old father.

End Notes