Judge flags ‘disturbing trend’ in Pictou County policing

Pictou County police need to take threats against individuals more seriously, says provincial court Judge Del Atwood.

On Feb. 28, two men filed peace bond applications in Pictou provincial court against another man, who they say has been threatening them repeatedly since November 2018.

In one alleged incident at the Stellarton Sobeys parking lot, one claimant says the accused pointed what they believed could have been a firearm at them and, while walking on North Foord Street in Stellarton, the accused allegedly threw a bag of roofing nails at them.

“You are dead, mother f***er”; “No peace bond now, a**hole”; “You’re getting buried” are among threats the two peace bond applicants say they have received. Their names, as well as the name of the accused, are all being withheld.

The applicants say they went to Stellarton police to report the threats; however, police did not investigate and instead told the claimants they should seek a peace bond.

Atwood says police response to the applicants’ situation is concerning and part of a bigger problem.

“These applications are emblematic of a disturbing trend in this judicial centre,” Atwood stated in his written decision. “Persons confronted with what would appear to be grave threats to their personal safety or to the safety of their families, who have reported those threats to police, have had their legitimate security concerns seemingly brushed off by certain policing services with little or no investigation.”

Atwood ordered that the applicants’ court documents be copied and sent to the Stellarton police department to be formally investigated.

“These are serious allegations that should not be sloughed off as peace bond applications,” said Atwood, in court on Feb. 28.

Stellarton Police Chief Mark Hobeck says the court documents paint a more serious picture than what the applicants had shared with his department and he can understand why Atwood is concerned.

“The utterances quoted in (court documents) were never shared with us prior to this,” said Hobeck. “I can see why this would raise questions.”

Hobeck, who has been Stellarton chief for five months, told The News his department will follow up.

“Now that we have this, we will certainly look into it,” he said. “It’s not our practice to send anyone to the courts to apply for peace bond without investigating.”

Peace bonds, or restraining orders, are issued when the applicant feels their safety or the safety of their family might be in danger from another person, the defendant.

If there are reasonable grounds to believe the defendant might commit an offence, then a peace bond can be obtained against them. This can be done with or without police help. If it’s done with police help, then police must interview the defendant and prepare documents for the court explaining the situation. An investigation follows, and the defendant is issued a peace bond by the court.

Without a police investigation, applicants can still file through the court where it goes through a process ending in a hearing date which the defendant is summoned to attend.

Without an investigation or the laying of official charges, there is little the court can actually do to protect the applicants from the defendant during the peace bond process.

All the more reason, Atwood said in his written decision, for these cases to be investigated.

“This is problematic from a public safety perspective, as the peace bond process does not offer applicants any form of interim protection.”