Probe's results should inspire confidence: RCMP
The results of an investigation by the Commission for Public Complaints Against the RCMP should instill public confidence in the accountability of the RCMP, a local inspector said today.
The results of an investigation by the Commission for Public Complaints Against the RCMP should instill public confidence in the accountability of the RCMP, a local inspector said today.
The investigation examined the actions of two Whitehorse officers, Cpl. Christopher Hutchings and Const. Ian Crowe, during an incident in February 2012.
The officers responded to a call that a pedestrian was obstructing traffic by walking in the middle of a roadway.
Longtime Whitehorse resident Stewart Jamieson fit the description, but told the Star Monday morning he hadn't committed the offence.
Jamieson was asked to give his name and address, which he did. He was then asked for his ID, which he refused to provide.
He was subsequently arrested, searched and detained for a short period of time, while the officers ran a check on his ID.
Jamieson was released soon afterward and reported to the local RCMP detachment to file a complaint.
Under the Yukon Motor Vehicles Act, a person crossing or walking on a highway in a manner contrary to the law must provide his or her name and address upon request.
But the act does not specify that he or she must present ID, as Jamieson was well aware.
Insp. Will Tewnion noted today that when Jamieson made his original complaint to the RCMP, an informal resolution process was undertaken.
Jamieson, dissatisfied with the results of that process, filed an official complaint.
The results of the RCMP's investigation found no fault with the actions of the officers, so Jamieson appealed to the public complaints commission.
The commission found that the officers had lacked reasonable grounds to arrest Jamieson for obstruction.
Tewnion noted that the commission also concluded that the officers' demeanor was "patient and professional.
"Had the arrest been reasonable, then the minimal force they used would have been acceptable,” Tewnion said.
The local detachment has accepted the findings and the recommendations of the commission.
The incident will be discussed with the two officers to ensure they understand their legal authority under the Motor Vehicles Act.
It was a misinterpretation of the act, Tewnion noted, "so we have to learn from that.
"There's literally hundreds of federal, territorial, and municipal legislation that we're dealing with everyday,” he said.
"That particular act didn't provide a legal obligation for (Jamieson) to provide his identification. It did say that he had to provide his name and his address.”
Comments (5)
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Arn Anderson on Apr 25, 2013 at 10:26 am
At least they didn't take him 50kms out of town in the cold and dropped him off to walk home.
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DMZ on Apr 25, 2013 at 6:10 am
I don't get that either, why he even had to state his name and address, if he was walking along the road, not obstructing traffic as the act says.
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Clayton on Apr 25, 2013 at 4:58 am
You will never read anything about a R.C.M.P. officer being held accountable for their actions!
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Doug Reigh on Apr 25, 2013 at 3:42 am
Confidence that they face no consequences for abuse of authority?
Ignorance of the law is not a valid excuse for somebody who is supposed to be upholding it.
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Max Mack on Apr 24, 2013 at 9:58 am
Jamieson was not required to provide his name and address under the Motor Vehicles Act.
Unless Jamieson was "walking in a manner contrary" to the MVA, the police had no such authority to demand anything of Jamieson whatsoever.
There is no evidence at all to suggest that Jamieson was doing anything improper.
Hence, the police acted outside the law. The RCMP should stop embarrassing themselves by trying to spin this in their favour.