THOMPSON, Man. 鈥� An RCMP officer who punched a man while leaving a bar, causing a severe cut to his head, has been acquitted of assault causing bodily harm.
Court of King's Bench Justice David Kroft said the Crown did not prove beyond a reasonable doubt that the force used by Const. Jeremiah Dumont-Fontaine on Brian Halcrow, an Indigenous man who later took his own life, was unjustified.
"The charge of assault causing bodily harm cannot stand," Kroft wrote in his ruling released Thursday.
"My ruling should not be interpreted as approval of the force exercised by Const. Dumont-Fontaine. My conclusion might well have been different had the onus of proof been a balance of probabilities rather than beyond a reasonable doubt."
Dumont-Fontaine was called to the bar in Thompson, Man., after staff called police about a patron who was causing a disturbance. Court was told a worker pointed to Halcrow and the constable escorted him outside as another officer arrived.
Halcrow threw his baseball cap at the officer, and the officer responded by punching him twice in the head, causing bruising and a severe cut that required stitches. Dumont-Fontaine and the other officer brought Halcrow to the ground and handcuffed him.
Halcrow was charged with assault and causing a disturbance. The 50-year-old, who was a member of the Tataskweyak Cree Nation, killed himself several months after his arrest.
Manitoba's Independent Investigation Unit, a civilian-led agency that oversees police, investigated Dumont-Fontaine and he was charged in January 2020 with assault causing bodily harm.聽
The Assembly of Manitoba Chiefs raised concerns about the case, saying it was the latest in a series involving police mistreating Indigenous people.
The trial featured a variety of testimony, some of which was dismissed by the judge as unreliable.聽
The Thompson Inn bar worker who called police said Dumont-Fontaine was rough with Halcrow and placed him in handcuffs before leaving the bar. But video evidence and other witness testimony showed no physical interaction inside the bar, the judge wrote.
The other officer at the scene, Const. Mark Sterdan, told court he believed Dumont-Fontaine had other options than punching, but qualified that statement by saying he was standing behind Halcrow and had a different perspective than Dumont-Fontaine.
Dumont-Fontaine testified the thrown baseball cap glanced off his face and Halcrow showed signs of aggression.
The Crown challenged that testimony and also pointed to Sterdan's testimony to suggest that the punches were clearly unreasonable.聽
The judge disagreed.
"When I consider the overall circumstances, the nature of the force used, and the characteristics of Const. Dumont-Fontaine, reasonable doubt remains as to whether Const. Dumont-Fontaine's response was objectively unreasonable," Kroft wrote.
"Once again, the fact Const. Sterdan reacted or perceived matters differently does not carry the day for the Crown."
This report by The Canadian Press was first published Jan. 20, 2023.
鈥� by Steve Lambert in Winnipeg
The Canadian Press
