Hamilton police board reviewing use-of-force and prisoner policies
The Hamilton Police Services Board says it has requested a review of police policies and procedures on use of force and prisoner handling following a concerning video that shows an officer using “excessive force” during the arrest of an Indigenous man in May.
The board said it is “concerned by the officer’s actions.”
“We know this act has far-reaching impacts on the Indigenous community and our greater community as a whole.”
The video, which has been released publicly after it was played in court, led Hamilton police to immediately suspend the officer. Police initially called the Special Investigations Unit, but the police watchdog did not investigate because the injuries did not meet their mandate. Hamilton police conducted its own investigation, and in June Const. Brian Wren was charged with assault.
The video, taken by a witness at a Hamilton gas station on May 26, captures four officers arresting Patrick Tomchuk. The officers struggle to get him to the ground, where he is kicked and punched, before he stops moving. Tomchuk appears to be unconscious as an officer stomps on his head.
Tomchuk also faces a number of charges related to allegedly stolen vehicles, assault and resisting arrest. He was released on bail under house arrest last week. Court heard he has an extensive criminal record and struggles with addiction. Family and the Hamilton Regional Indian Centre are supporting him to get help for addiction and trauma.
The arrest has spurred calls to action from Indigenous community members and allies. Tomchuk, his family and community members all asked for the video to be made public.
“As a board, we acknowledge there are systemic changes needed to address the historical relationship between law enforcement and Indigenous peoples in Canada,” the police board said. “We thank the community for their advocacy in calling for change through their recommendations.”
In an interview with The Spectator, chair Pat Mandy said the board felt compelled to release a statement after seeing calls from the community for the police board to take action.
The police board is governed by the Police Services Act, which stipulates that the board work with the chief to give strategic direction. The board is mandated to give direction on governance, but not operations. To put that plainly, the board cannot give direction on specific investigations or the operations of police officers, but can review and set policies.
“Right from the beginning, we have been aware of this incident,” Mandy said. She said she immediately asked questions about how the police service was responding and has been monitoring the steps along the way, including suspending the officer, contacting the SIU, charging the officer and community outreach by notifying the Hamilton Regional Indian Centre.
“The board is troubled that this happened at all,” Mandy said, adding that they expect to be kept upto-date on the case.
There are no set timelines on how long it will take to review policies and procedures around use of force and prisoner handling. Mandy said the board will look to see what happens in court. But she also noted that the board is going through a strategic planning process and there is an opportunity to implement changes there.
More broadly, the board is looking to help repair the relationship with the Indigenous community.
“It’s important people feel safe in our community,” said Mandy, who is Indigenous.
Her hope is that something good, meaningful changes, come out of this.