The Office of the Police Complaint Commissioner has upheld a complaint that a Saanich Police officer abused his authority during a January 2016 arrest.
The OPCC findings were released Thursday in its review of allegations of misconduct against a Saanich Police constable. Retired judge Wally Oppal found the officer’s conduct appears to constitute abuse of authority “by using unnecessary force and by detaining and searching [Andrew McLean] without good and sufficient cause.”
McLean brought the complaint forward following his January 2016 arrest when he refused to provide his identification for the officer who was investigating a suspected arson case nearby.
“It is clear that the officer was simply wrong in his belief he had a legal authority to compel the cyclist to supply his identification,” said Oppal.
The officer then put McLean in a wrist lock, taking him to the ground and placing a knee onto his back. Oppal said given the officer had no legal basis to detain McLean, “it follows that any use of force that followed would not be necessary.”
McLean captured the arrest on a cellphone video. The video reveals McLean refusing to provide identification and the officer asking why he was being difficult. “If you have nothing to lose … if you’re just on your way home … you wouldn’t be so difficult. Why are you being so difficult?” To which McLean replies: “Because I’ve done nothing wrong.”
Oppal said the officer was reckless in detaining the man. “It is a mistake to confuse somebody’s non-cooperation with violation of a legal obligation.”
The matter will now move on to the next stage where it will be determined if the misconduct has been proven and what if any discipline should be undertaken.
Acting Sgt. Jereme Leslie said the Saanich Police Department has full trust and confidence in the process, which he noted is not yet complete.
“I see the honourable Wally Oppal has suggested a range of corrective measures, from advice to future contact, to verbal or written reprimand, to training,” said Leslie.
The officer remains on active duty. Leslie didn’t know whether Saanich Police intends to go over with other officers the rights of individuals to refuse to provide identification.
“Obviously we have to review this particular set of circumstances here and see whether or not that would be something that would be appropriate for the whole entire agency,” said Leslie. “Whether or not it would be, I don’t know. We will have to evaluate that.”
