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RCMP clashes with its watchdog over Mountie's decision to Taser a veteran with a
medical implant | CBC News Loaded
Politics


RCMP CLASHES WITH ITS WATCHDOG OVER MOUNTIE'S DECISION TO TASER A VETERAN WITH A
MEDICAL IMPLANT

The RCMP and its watchdog body are at odds over whether a Mountie was justified
in Tasering a veteran with a medical implant — a conflict critics say points to
flaws in the process meant to keep Mounties accountable.


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CASE RAISES QUESTIONS ABOUT THE PROCESS MEANT TO KEEP MOUNTIES ACCOUNTABLE

Catharine Tunney · CBC News · Posted: Jan 11, 2023 4:00 AM ET | Last Updated: 5
hours ago

In this still image from security footage recorded inside the Purple Leprechaun
Roadhouse on Feb. 28, 2016, an RCMP officer points his Taser at Bruce Webb.
(Bruce Webb/YouTube)
420
comments

The RCMP and its watchdog body are at odds over whether a Mountie was justified
in Tasering a veteran with a medical implant — a conflict critics say points to
flaws in the process meant to keep Mounties accountable.

After years of back-and-forth with the RCMP, the Civilian Review and Complaints
Commission for the RCMP has completed its investigation and is calling out what
it sees as an unjustified, warrantless entry and premature use of a Taser.

RCMP Commissioner Brenda Lucki has rejected those findings, arguing her members'
safety was at risk.

Bruce Webb, the man at the centre of the case, said that he doesn't see the
CRCC's decision to side with him as a victory.

"Nothing is changing," he told CBC.

His case dates back to early 2016 in Nova Scotia, when he and his partner were
attempting to convert the Purple Leprechaun Roadhouse in Lunenburg County, N.S.
into a lounge. Neighbours opposed the zoning application. 

A copy of CRCC chairperson Michelaine Lahaie's final report was released to CBC
through an access to information request. Webb, formerly of Nova Scotia,
confirmed that it's his matter.

 * Arrest of disabled veteran didn't justify Taser use, says criminologist

 * Police watchdog finds no wrongdoing after RCMP use Taser on veteran

According to the CRCC report, Webb at one point placed a speaker outside the
roadhouse and played loud music throughout the day, accumulating noise
complaints.

The Mounties were called in and eventually disconnected the speaker and seized
it. 

That further aggravated Webb, a veteran of the armed forces, who then called 911
six times accusing the RCMP of stealing his property, says the report. He and
his partner also had an apartment in the roadhouse building. 

Webb told the 911 dispatcher he felt he had been "judged by a stormtrooper in
police wardrobe."

During another one of those calls, says the report, Webb asked if there was an
emergency line veterans can call when in a state of panic.

Three RCMP officers were then deployed back to the Purple Leprechaun
Roadhouse just before midnight on Feb. 28. 


'IF YOU TASE ME, I MAY DIE'

According to the report, the officers peered through a glass door and observed
Webb pacing while on the phone, gesturing for them to go away.

The watchdog's report says RCMP Const. Mark Thomaes pulled the restaurant door
until the doorframe dislodged, then forced the door open.

The CRCC's investigators reviewed video footage from inside the Purple
Leprechaun from three different angles. CBC Nova Scotia conducted its
own inquiries at the time of the incident and also obtained a copy of the
surveillance footage.

The surveillance video shows Thomaes throwing Webb's phone on the ground before
grabbing Webb behind the neck and yelling for him to "get down on the ground."

In the video, Webb is seen swiping back, hitting Thomaes in the head. 


RCMP Commissioner Brenda Lucki has rejected the CRCC's findings, arguing her
members' safety was at risk. (Adrian Wyld/The Canadian Press)

Webb then falls to the ground and recovers in a sitting position. 

The CRCC report says that at that point, Thomaes drew his conducted energy
weapon (CEW)— commonly referred to as a Taser — and pointed it at Webb's chest. 

Webb is heard on the video saying, "If you Tase me, I may die," and telling the
officers he has a medical implant. 

Webb has told CBC News he has an implant in his abdomen that's connected by
electrodes to his spinal cord to relieve a chronic leg injury.

The video then shows constables Adam Chapman and Chad Burridge walking into the
shot and attempting to handcuff Webb, who struggles against them.

The report says that a few seconds after that point, Thomaes asked his fellow
officers to back away. Webb, wearing one handcuff, can be seen on the video
trying to inch away from the officers.

The video then shows Thomaes deploying the Taser and Webb falling to his right
side. Chapman and Burridge then move in and secure both handcuffs.


CRCC SAYS MOUNTIES' ENTRY WAS UNJUSTIFIED 

The Nova Scotia Serious Incident Response Team, which is called in when someone
is seriously injured or killed during police action, ruled that RCMP officers
were justified in entering Webb's home without a warrant and using force. 

Lucki also has argued her officers were acting reasonably, were responding to
someone in distress and were concerned about their own safety.

But the CRCC took an entirely different view.

 * Some RCMP officers still aren't taking sexual assault claims seriously
   enough, watchdog says

 * RCMP has a history of failing to follow outside advice after deadly events

For starters, the commission concluded the three officers unreasonably entered
Webb's home.

The three responding officers said they had grounds to arrest Webb under Nova
Scotia's Involuntary Psychiatric Treatment Act — but the CRCC concluded that the
case warranted a wellness check "at best."

"No reasonable rounds have been provided to suggest that [Webb] was suffering
from a mental disorder," says the watchdog report.

The CRCC also said the officers didn't follow proper procedure. 


Michelaine Lahaie, chair of the Civilian Review and Complaints Commission for
the RCMP. (Andrew Vaughan/The Canadian Press)

The Involuntary Psychiatric Treatment Act requires that police be satisfied that
the individual would not consent to a medical examination before entry. But the
CRCC report points out that Webb expressly asked to be connected to a veteran's
assistance line.

The three Mounties also did not have Webb assessed by a physician for any mental
health concerns — as required by the act — and initially planned to take him
straight into custody, says the report.

As Lahaie points out in her final report, it was the paramedics who insisted
Webb be transported to the hospital after getting hit in the chest by the
electric current. Her report says he was never assessed for mental health
concerns.

In a letter from Lucki to Lahaie, attached as part of the CRCC report, the top
Mountie rejected the CRCC's findings and argued the attending members had
"duties to protect life and prevent serious injury."


RCMP ARGUES OFFICER SAFETY WAS AT RISK 

Lucki and the CRCC also disagree over whether the use of a Taser was reasonable.

The CRCC ruled that Thomaes "did not attempt to de-escalate the situation before
deploying the CEW." 

His use of a Taser "was premature and objectively unreasonable," says the CRCC
report. 

The watchdog found that while Webb was non-compliant, the officer was yelling
commands without explaining why police were there.

Lahaie wrote that Webb was seated on the floor and backing away, limiting his
ability to harm the three RCMP officers.

She also said none of the officers attempted to use de-escalation techniques, as
required by the RCMP's own national policy.

Lucki argued Webb had struck Thomaes already and had a loose handcuff around his
wrist. She argued it created an unpredictable situation and force was warranted.

"De-escalation is an important consideration but it must be balanced with
officer safety," Lucki wrote in her letter to Lahaie. 

The CRCC report says that response "only scratches the surface and fails to take
a more nuanced approach to the application of force and the reasons for it."

Lahaie surmised that the responding officers likely were frustrated and
irritated with Webb's behaviour before their visit and had decided already to
arrest him before they got to the scene. 

> As a Canadian citizen, [Webb] is afforded a number of rights, including the
> right not to be subjected to unreasonable force at the hands of the RCMP- CRCC
> report

In a radio communication reviewed by the CRCC, an unidentified Mountie is heard
saying, "They're going to make the decision, going to go into the house and
arrest [Webb] under the involuntary mental health act."

"The commission does not dispute that members of the RCMP may use force for
reasons of officer safety in accordance with the IPTA [Involuntary Psychiatric
Treatment Act]," says the CRCC report.

"However, it fails to understand how the level of force used by Constable
Thomaes upon entry can be considered reasonable when Constable Thomaes's only
concern at that point in time should have been the physical and mental welfare
of [Webb]."

The report goes on to say that Thomaes "was angry and upset, and that he
aggressively subdued [Webb] in the quickest way possible."


'I WAS ABUSED, MISHANDLED, MISTREATED' 

The CRCC report makes it clear that Webb was no angel. It calls his behaviour
toward RCMP members, 911 emergency dispatchers and his own neighbours
"objectionable and unnecessary."

"Regardless, as a Canadian citizen, [Webb] is afforded a number of rights,
including the right not to be subjected to unreasonable force at the hands of
the RCMP," says the report.

The CRCC report makes three recommendations, all redacted.

Lucki wrote to the CRCC that she doesn't support the
recommendations and won't implement them.

Years after the initial incident, Webb said he's still tormented by what
happened that night. 

"I was abused, mishandled, mistreated," he said. "Middle of the night screams
are a regular thing for me." 

Webb also said he experienced physical pain.

"After being attacked and zapped, my implant malfunctioned, sending me to months
of over-the-top pain and a surgery to repair," he said.

The watchdog has no binding powers on the RCMP, meaning Webb's matter is at a
standstill.


LAWYER POINTS TO GAPS IN THE OVERSIGHT SYSTEM

Tom Engel, a criminal defence lawyer in Alberta who has made a career of
challenging police misconduct, said the case points to a major flaw in the
oversight system.

"This once again highlights the dire need for reform of the RCMP Act to prevent
the commissioner and the RCMP from ignoring decisions of the civilian oversight
body," he said.

"RCMP officers who see their fellow officers commit criminal misconduct and then
get away with it — that hurts the morale within the RCMP. It's bad for the
reputation of the RCMP."


Lawyer Tom Engel in his office in Edmonton. Engel says Webb's case points to
gaps in the oversight system. (Lost Time Media)

The Liberal government has introduced a bill that would amend the CRCC's mandate
to require the RCMP commissioner to respond to reports from the watchdog within
six months — addressing a long-standing complaint of critics. The RCMP has been
known to take months, even years, to respond to complaints.

Meghan McDermott, staff counsel with the British Columbia Civil Liberties
Association, said the legislation is a step in the right direction but it needs
amendments to a make a difference.

"Just the fact that the recommendations from the oversight body should be
binding. I mean, that is just such a basic expectation and requirement that I
think the average person in Canada would expect," she said.

"We are deeply, deeply disappointed that we don't think it goes far enough."

McDermott and Engel said they hope Bill C-20 will get a rewrite as it makes its
way through Parliament.

"When the state comes into your home, without a warrant and uses force against
you, short of grievous bodily harm or death, it's hard to think of a more
intrusive and rights-denying abuse of power by the state," said McDermott.

Lahaie did conclude in her report that the RCMP was justified in seizing the
speakers from Webb's property.

Criminal charges against Webb were dropped. He was fined $500 under provincial
law for making false and frivolous calls to emergency services, says the CRCC
report.

The CRCC reviews complaints about the conduct of RCMP members, ranging from
excessive force to poor attitudes. It conducts reviews when complainants are not
satisfied with the RCMP's handling of their grievances. The chair can also
launch independent investigations.

The RCMP did not respond to CBC's request for comment. 


ABOUT THE AUTHOR

Catharine Tunney

Reporter

Catharine Tunney is a reporter with CBC's Parliament Hill bureau, where she
covers national security and the RCMP. She worked previously for CBC in Nova
Scotia. You can reach her at catharine.tunney@cbc.ca

 * Follow Cat on Twitter

CBC's Journalistic Standards and Practices|About CBC News
Corrections and clarifications|Submit a news tip|Report error



RELATED STORIES

 * RCMP has a history of failing to follow outside advice after deadly events

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ALL COMMENTS

 1. TS
    Trevor Smith 1 min ago
    
    the rot starts from the top, Lucki, JT and Freeland. When the bosses are
    unethical, it sets the tone for everybody to be unethical.
    
    reply 1
    share
    flag
    
    
    
    0 0 older replies
    show older replies
    
    
 2. MO
    Martin Oram 1 min ago
    
    For police to break into an establishment or home without a warrant is an
    escalation. Police seized property.without a warrant. This civil matter was
    out of control.
    
    reply 1
    share
    flag
    
    
    
    0 0 older replies
    show older replies
    
    
 3. ST
    Stanely Twine 1 min ago
    
    Is this for real?
    
    Blasting music all day,
    
    Tying up an Emergency number all night with nonsense ,
    
    Acting like a bar is your private residence .
    
    Attacking a police officer,
    
    Not listening to commands,
    
    Resisting arrest.
    
    And you investigate the cop?
    
    Only in Trudeau's Canada.
    
    reply 3
    share
    flag
    
    
    
    0 0 older replies
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