Mountie won’t be charged over arrest

B.C. police watchdog finds Kelowna officer was justified in arrest that led to broken leg

A Kelowna RCMP officer was justified in forcefully arresting a woman who was causing a disturbance in her apartment building last year, B.C.’s police watchdog has ruled.

On Feb. 28, 2018, RCMP received a complaint that someone was being noisy and disturbing her neighbours in an apartment building at 10:42 p.m.

An officer attended the residence and knocked on the door.

The officer said there was no response, even after announcing it was the police.

After two minutes, he said the unnamed female resident shouted from inside the apartment and asked what he wanted.

When he told her he was there regarding noise complaints, she said she did nothing wrong.

The officer said he continued to knock until the woman opened the door.

He reported hearing loud music coming from her TV and said if she continued the disturbance she could be arrested.

The woman insisted she could do whatever she wanted in her apartment and the officer decided to arrest her.

The woman said the police officer kicked her in the back of the leg, causing them both to fall to the floor.

The woman suffered a broken leg and required surgery.

The officer reported he had taken hold of the woman’s arm when she turned away and tripped, pulling them both to the floor.

The RCMP did not notify the Independent Investigations Office of the incident.

The woman filed a complaint with the RCMP on March 12 and contacted the IIO on March 26.

The IIO then commenced an investigation.

“The issue to be considered in this case is whether (the officer) may have used excessive force when he took hold of (the woman’s) arm and forcibly arrested her,” Ronald MacDonald, chief civilian director of the IIO, wrote in a report released Tuesday.

MacDonald determined the officer was justified in arresting the woman because she indicated she was not willing to change her behaviour to accommodate the needs of others in the building.

“An officer is justified in doing what is required to perform his duties, including using as much force as is necessary for that purpose,” said MacDonald. “(The officer) acted as required by his duties and in accordance with the law.”

MacDonald noted there was an issue regarding the lawfulness of the officer’s entry into the woman’s apartment, but ruled the officer was justified in doing so.

“At the time (the officer) attempted the arrest, it appears he was still in the doorway,” MacDonald wrote. “Had (the woman) been cooperative with (the officer), he would not have entered the home.”

MacDonald ruled the officer did not commit an offence and the matter won’t be referred to Crown counsel for consideration of charges.