Hamilton police board demands review on use of force after officer accused of assault - Action News
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Hamilton

Hamilton police board demands review on use of force after officer accused of assault

The Hamilton Police Services Board is requesting the police service review all policies and proceduresrelated to prisoner handling and use of force after an officer was accused of assaulting an Indigenous man during an arrest.

Patrick Tomchuk was violently arrested in May. Const. Brian Wren is charged with assault

The back of a Hamilton police officer.
The Hamilton Police Services Board wants a review of how officers handle prisoners and use force after an officer was charged with assault. (Bobby Hristova/CBC)

The Hamilton Police Services Board is requesting the police service review all policies and proceduresrelated to prisoner handling and use of force after an officer was accused of assaulting an Indigenous man during an arrest.

"We acknowledge there are systemic changes needed to address the historical relationship between law enforcement and Indigenous peoples in Canada," said the police board in a media releaseon Thursday.

"As the governing body for the police service, we are committed to engaging and supporting the community in creating transformative change that addresses and fosters true reconciliation."

When asked if Hamilton Police Service (HPS) would comply with the request for a review, spokesperson Jackie Penman said ThursdayHPS is "committed to continuous improvement" but did notconfirm whether a new review would take place.

"Reviewing our policies and procedures is an important part in ensuring we remain current on best practice as well as meeting provincial standards," she told CBC Hamilton.

Police sayon May 26,officers were investigating a stolen vehicle at a gas station on the Mountain. The investigation led to the arrest that day ofPatrick Tomchuk.

The arrest was captured on video by a citizen and a nearby business andled Hamilton police to suspend 45-year-old Const. Brian Wren. He's been with the service for 10 years.

Hamilton police eventually charged Wrenwith assault on June 16.

Penman saidits review of the incident found no other officers involved used excessive force.

Tomchukwas also charged,with numerous theft-related offences related to the stolen vehicle investigation and one count of assault -resist arrest, according to his lawyer.

The video was played at Tomchuk's bail hearing on Aug. 3and appeared to show several officers tackle Tomchukbefore the officers forciblymanoeuvred him and yelled expletives at him.

Four Indigenous women stand in front of a courthouse window.
Patrick Tomchuk's family, from left: his sister Dhelia Baldwin, cousins Jessica Oneill and Laura Erie, and mother Olga Tomchuk. Along with his two daughters, they came to his bail hearing to support him, they said. (Cara Nickerson/CBC)

Then, an officer seeminglykicksTomchuk in the head and holds down Tomchuk's head with his foot.Tomchukappears to beunconscious for most of the video.

Police saythey contacted theSpecial Investigations Unit, but the watchdog didn't investigate because they foundthe injuries weren't severe enough.

It prompted Hamilton police to do its own criminal investigation.

The Hamilton Regional Indian Centre (HRIC)made numerous recommendations to the police service earlier this month, including athird-party investigation into the alleged assault and the creation of an Indigenous-specific seat within the HPS board.

"This needs to stop. Education, prevention and accountability must be of the highest priority of law enforcement," HRIC executive director Audrey Davis said at the time.

A woman stands and speaks into microphones
Audrey Davis, Hamilton Regional Indian Centre's executive director, offered recommendations to Hamilton police on Aug. 2. (Bobby Hristova/CBC)

Police boardchairPat Mandyis amember of Mississaugas of the Credit First Nation, butDavis addedthat's not the same as an Indigenous-specific board member.

Police chief Frank Bergen also told media he invites the broader community to offer feedback to the service.

"The community wants actions and not just words ... when wecan do things better, it's better to sit at a table to discuss it, to find a path together," he said.

The police put out an annual use of force report, the latest of which was released on June 30.

Corrections

  • A previous version of this story incorrectly stated Tomchuk initially reported his injuries from the arrest. In fact, police reported the injuries directly to the SIU.
    Aug 11, 2022 12:04 PM ET