Rodney Pelletier was left a quadriplegic after an arrest by Turner Valley RCMP on Jan. 16, 1990 on the Eden Valley Reserve, southwest of Calgary. The arrest followed a domestic dispute with his common-law wife of four years. Pelletier suffered a broken neck at the hands of Special Const. Willy Big Smoke, who was later charged and acquitted of assault causing bodily harm. The judge ruled the incident was an accident occurring when the constable put Pelletier in a choke hold.
Police accused of excessive force in beating of Métis youth
By Michael Smith
Windspeaker Correspondent
WINNIPEGAn investigation is underway into claims that Winnipeg police officers used excessive force to subdue and arrest a 16-year-old Métis youth following the theft of a van and a high-speed chase through the city's core area.
A formal complaint was filed at the Law Enforcement Review Agency (LERA) by the youth's mother on Aug. 15. It claims that on Aug. 11, between five and 10 officers pummeled her son with flashlights, batons, fists and boots long after he had surrendered. The alleged beating was witnessed by an estimated crowd of over 100 people, many of whom had just emerged from two nearby bingo halls. It was also reported that police hurled racial insults at the youth and the onlookers, many of whom were Aboriginal.
The identity of the mother and her son cannot be published under the regulations of the Young Offenders Act.
Police were led on a wild 20-minute ride through the inner city by the youth who was driving a stolen van. Four officers from the bicycle patrol unit were said to have narrowly escaped a collision with the oncoming vehicle when it swerved into their lane. The youth was reported to be seen laughing and gesturing at the officers. The van finally came to a stop when it hit another vehicle, causing minor injuries to the occupant, and crashed into a chain link fence. The youth then fled on foot but was quickly tackled by several officers. Police said a violent struggle then ensued requiring the use of necessary force to make an arrest.
The boy's mother has different story. She and family members saw her son driving the van and gave chase. Upon arriving at the scene of the arrest she said police were striking her son repeatedly while he lay handcuffed and submissive on the ground. She and other onlookers called on police to stop the beating.
The youth was taken to Children's Hospital later that night, treated for injuries and later released. He had swelling on the face, back of the head and bruises along his back. Police said the injuries appeared to have been sustained during the car crash.
The mother said a number of witnesses have agreed to substantiate her story. Others who were approached apparently did not want to get involved. She said some people are scared to speak out against the police. Others reportedly said the boy deserved to be punished in this manner for his actions .
The youth, who is being held at the Manitoba Youth Centre, has since pleaded guilty to a number of charges related to the theft of the vehicle, a police spokesperson said.
This is the second complaint laid against the department within a month, raising questions concerning the quality of police discipline, training and procedures. An internal investigation is currently underway into allegations of excessive force used on July 11, to subdue striking workers at Boeing Technology Canada.
Winnipeg Police Chief David Cassels said the allegations were personally troubling and are being taken very seriously.
"If the review shows that our people used excessive force or assaulted somebody then I will deal with it very promptly and very severely, because I won't tolerate it. If there is anything to it at all we have to be sure we put a stop to it."
The use of excessive police force against Aboriginal people is a very sensitive issue in Winnipeg, in light of the results of an inquiry into the 1988 shooting death of J.J. Harper, brother of Member of Parliament Elijah Harper. The inquiry found evidence of police wrongdoing and became the focal point for Native frustration and anger with the entire provincial justice system.
Cassels, who has been on the job for three months, was hired to implement reforms designed to make the department more community oriented and build a constructive, trusting relationship with the Native community and the general public. He acknowledged that the recent incidents have done nothing to advance these objectives but said major changes are not made overnight.
"You can't change the culture of a police organization and you can't change long-standing community problems in three months. It might take a year or two before you see significant results when it comes to community policing initiatives. It may even be longer than that."
Chief Cassels said he is very sensitive to the issue of race, which has attracted the national media to the story. He suggested, however, that if the allegations of police violence are substantiated, emotional factors such as involvement in a high speed chase, of colleagues nearly being run down, may be the main reasons for the actions of his men. He hastened to say that no conclusions can really be made until LERA's commissioner, Norm Ralph, has completed his investigation.
Ralph said the investigation could take from four to nine months to complete, after it has been determined there is sufficient evidence to proceed. Based on the findings, criminal charges could be laid or the case could be resolved under the Law Enforcement Review Act.
Although about one-third of the complaints to LERA allege excessive force by police officers, less than one per cent claim racial discrimination. Ralph calls this fortunate since it seems to indicate that racism within Manitoba's police forces is not more of a problem than anywhere else in society. He hastened to add that discrimination exists, but proving it is nearly impossible since it often comes down to the word of the police against one individual who is charged with a criminal act.
The youth's mother has stressed that her complaint deals with the inappropriate use of force by police and not the issue of race.
"I do not care what they call us. We are Indians. I am proud of my heritage. I am not against the police arresting him. He deserves to go to jail. That is the only way he is going to learn. I am concerned with the fact that they beat him when they had him restrained. They had no right to do that. Let the courts deal with him."
The youth has been convicted of two other charges in the past, one in 1993 and another last May. Neither crime involved violence against people.