The Independent Investigations Office of B.C. (IIO) has found no offence was committed by Saanich police during a May 2022 incident in which a man with AspergerB次元官网网址檚 Syndrome was seriously injured after officers used two intermediate level force options to apprehend him.
In his report released Thursday (March 16), Ronald MacDonald, IIO chief civilian director, concluded that while the officersB次元官网网址 use of force was ultimately not criminal, it was almost outside the reach of legal justification.
The man, identified as AP in the report, was bitten in the arm by a police dog after being shot with an Anti Riot Weapon, Enfield (ARWEN) impact weapon which was ineffective in gaining his compliance, one officer told IIO investigators.
The incident took place on the evening of May 31, 2022 as AP accompanied his mother as she attempted to serve an eviction notice on the upstairs tenant in their Saanich home. At around 6 p.m. that evening, police received a report of a residential break-and-enter in progress, in which a man was striking the front door of the home with what was believed to be a hammer.
Police attended the scene and a lengthy encounter ensued, with AP refusing to come down the houseB次元官网网址檚 front steps to be taken into custody. When he eventually came down the steps, AP refused to lie down on the ground as officers had directed him to do.
One officer shot two non-lethal ARWEN rounds into APB次元官网网址檚 thigh before another officer released his dog, which bit AP in the arm and seriously injured him, according to the IIO report. Paramedics tended to his injuries before transporting him to hospital.
According to the report, at least one attending officer was made aware that AP had been diagnosed with AspergerB次元官网网址檚 Syndrome. That same officer was also informed that AP had allegedly assaulted a police officer on an earlier occasion.
B次元官网网址淭he haste with which the ARWEN and, particularly, the PSD (Police Service Dog) were deployed against AP was unfortunate and B次元官网网址榗lose to the lineB次元官网网址 in terms of justification,B次元官网网址 wrote MacDonald in his decision.
B次元官网网址淧olice officers are permitted a significant degree of latitude in their judgments about the need to use force, but this case represents the very upper limit of that licence B次元官网网址 while I would not call that use of force commendable, neither can I call it criminal.B次元官网网址
The matter will not be referred to Crown counsel for consideration of charges.
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