No criminal charges for Melfort RCMP officer after woman injured

A confrontation then occurred between an RCMP member and the woman.

The SIRT investigation revealed that the RCMP officer in question reached for the patient’s right hand, and the subject pushed the officer’s hand away and began to run toward grass at the edge of the hospital property. She then swung her right arm upwards, hitting the officer’s head and knocking off his hat.

The officer then tackled the person and according to the SIRT report showed an elevation in emotion while cursing at the subject.

The woman said ‘okay’ several times and lifted her right hand from her head, while the officer placed his right hand on her wrist while continuing to ask the subject to give him her hands.

The report stated that the officer released the woman’s hand and delivered a closed fist strike to her head. The patient again raised her right hand from her head while the officer continued to shout commands for the subject to give him her hand. The officer then grabbed her right wrist and straightened her arm outward on the ground “before pulling her right arm behind her back, still holding her wrist.”

The officer told the woman she was under arrest for assaulting a police officer and applied a handcuff to her right wrist, turning to look over his shoulder in the direction of his police vehicle.

According to the SIRT report, the officer then stated “you’re not going back to the (expletive) hospital,” while applying “significant upward pressure on the affected person’s arm with both hands, causing the arm to audibly break and become visibly displaced.”

The officer told the other RCMP member at the scene that he was trying to put the handcuff on the subject “and I think she broke something in her shoulder.”

The arresting officer’s demeanour changed significantly, according to the report, with him trying to soothe the now crying subject.

The woman was reluctant to re-enter the hospital, but with the help of another patient was convinced to walk into the hospital under her own power. She sustained a spiral fracture of the distal right humeral shaft, a serious injury within the meaning of The Police Act 1990. Upon admission to the hospital, the woman tested positive for several substances, including cocaine and methamphetamine.

The report stated that the officer was lawfully placed to apprehend the person under the Mental Health Services Act, and arguably under the Criminal Code after the officer was struck in the head.

“While the Subject Officer was lawfully placed to apprehend, or later arrest, the affected person, significant issues exist as regards to both the level and purpose of the force used, in particular during the later part of the incident,” the report said.

“It is difficult to reconcile the Subject Officer’s action of forcibly advancing the affected person’s already handcuffed right arm with the lawful and legitimate goal of securing her left hand, which remained on the ground near her head.”

The report said the comments of the officer prior to the use of force, and the anger he demonstrated, are “more consistent with that action having been applied for a punitive purpose, or as retribution for the earlier struggle.”

The matter was then forwarded to the officer of the Attorney General for Saskatchewan. However, in accordance with the Crown’s recommendation on this matter, no charges will be laid.

The matter will be forwarded to the RCMP and the Civilian Review and Complaints Commission for the RCMP (CRCC) for their review pursuant to The Police Act 1990, “with a recommendation for the imposition of any appropriate discipline pursuant to the Code of Conduct of the Royal Canadian Mounted Police.”

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by northeastNOW Staff

No criminal charges for Melfort RCMP officer after woman injured

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