NO CLOSURE FOR COMMUNITY
Questions will linger beyond trial
Any questions left lingering at the conclusion of Const. Daniel Montsion's trial still could be answered outside the confines of the criminal court system, with a pending civil lawsuit, a professional standards inquiry and the prospect of a coroner's inquest into the death of Abdirahman Abdi among the avenues available for a public airing of the facts in this high-profile case.
No matter what verdict is rendered today by Ontario Court Justice Robert Kelly in Montsion's manslaughter and assault trial — the culmination of a lengthy legal process that began with Abdi's fatal arrest on July 24, 2016, criminal charges laid against Montsion by the Special Investigations Unit in March 2017, and an exhaustive trial that began in February 2019 and heard its closing arguments this summer — the story likely is far from over.
“The last four years have been difficult for us,” said Dahabo Ahmed Omer, a representative of the Justice for Abdirahman Coalition. “From the SIU investigation taking so long, to a lot of the questions and pieces of the trial not being completely clear for us as a coalition or as a community, there's still an eerie feeling that there are still so many pieces missing. And that makes it really difficult for us to have closure on this.”
The coalition of community organizers and activists will hold a news conference today in reaction to the verdict on the steps of Abdi's home at 55 Hilda St., with a number of high-profile guests who have been anxiously awaiting the trial's conclusion.
CIVIL LAWSUIT
Among them is prominent Ottawa lawyer Lawrence Greenspon, who represents members of Abdi's family in a $1.5-million civil lawsuit naming Montsion as co-defendant with Const. Dave Weir — who was investigated by the SIU but was not charged — the Ottawa Police Services Board and former Ottawa police chief Charles Bordeleau.
Greenspon confirmed in an interview Monday he will be at the courthouse and will read a statement from Abdi's family following the verdict. He is also expected to provide an update on the status of the civil lawsuit, which remains active and on file at the Ottawa courthouse.
The lawsuit alleges the actions of both police officers that day “constituted assault and battery” and were “excessive.”
The officers “failed to use reasonable means to address the sit
uation,” the lawsuit alleges, and claims Bordeleau “failed to ensure that the defendant officers were properly trained and/or provided guidelines with respect to ... excessive force.”
The lawsuit also alleges the police services board had no system of oversight for these incidents or similar ones. None of the allegations contained in the civil suit have been tested in court.
Greenspon was guarded in his public comments on the eve of the verdict in Montsion's criminal trial.
When the lawsuit was filed in 2018 on the second anniversary of Abdi's death, Greenspon told reporters it was through civil proceedings “that we hope to see systemic change within the police force, the police services board, the chief of police, in the training, and we're confident that the civil action is the best way to try to effect that change.”
CORONER'S I NQUEST
Trial observers have long remarked that a coroner's inquest into Abdi's death could also address those questions and issues that fall outside the scope of criminal proceedings.
According to Ministry of the Solicitor General policy, a coroner's inquest is mandatory in cases where a death occurs “while a person is in custody or being detained.”
An exception exists if an investigation determines the death occurred from natural causes, and in those cases an inquest would be held at the discretion of the ministry.
A coroner's inquest is mandatory, according to policy, if a death “occurs due to an injury sustained or other event that occurred in custody, or when the use of force of a police officer … is the cause of death.”
Abdi's official cause of death was “hypoxic brain damage” as a result of cardiac arrest. Doctors performing his autopsy discovered he had a severe underlying heart condition.
The prosecution argued at trial the punches Montsion threw during the arrest “accelerated” Abdi's death, while his defence lawyers countered the “catastrophic” nasal fracturing was not caused by Montsion but was inflicted at another point during the takedown.
The last four years have been difficult for us
... There's still an eerie feeling that there are still so many pieces missing
... Difficult for us to have closure.
PROFESSIONAL STANDARDS REVIEW
Anytime an Ottawa Police Service member is charged with a criminal offence a Chief's complaint is launched, triggering an automatic review by the Professional Standards Section. The internal affairs review will investigate, once the criminal trial is complete, any potential policy breaches or conduct breaches by the subject officer and determine whether there will be any disciplinary action.
It remains to be seen whether Montsion, if acquitted, will seek any civil remedies.
LEGISLATIVE ACTION
The Justice for Abdirahman Coalition has long made legislative reform a priority of its mandate, lobbying the government to preserve recommendations made in 2018 by Justice Michael Tulloch in Ontario's new Police Services Act.
Ottawa-Centre NDP MPP Joel Harden, who in a statement last week predicted the Montsion verdict will be “a watershed moment in Ottawa's history with police violence,” will be among the coalition's guests at Tuesday's post-verdict news conference.
“I think there is a broad public appetite for some legislative reform,” said Ottawa defence lawyer Michael Spratt, an outspoken advocate for police reform. “To look at how police use force, the accountability and transparency of police forces and how police budgets are distributed and spent. There are legislative avenues that certainly can be explored and there are issues here that are ripe for debate in a public forum.”
Kelly will begin reading his verdict at 10 a.m. in what is expected to be a lengthy legal decision.