Halifax police change policy after complaint from man held naked in drunk tank

A man who filed a complaint over how he was treated by Halifax Regional Police has gone public with surveillance footage that shows him naked inside a police cell.

Donald Smith, 35, said he was told by police to remove his clothes while in the drunk tank on Aug. 30, 2013.

"I was lying in that cell naked, in my own urine," Smith said in an interview.

Through a freedom of information request, Smith recently obtained a copy of the footage that shows him naked inside a police cell on that night two years ago. Earlier this week, he started posting images from that footage on social media.

Smith said he's tired of people "getting treated like crap" by police.

"People who have mental health issues and people not getting the help they need," he said. "It needs to come out cops are not properly trained in mental health and all that stuff."

Smith says he haspost traumatic stress disorder and severe anxiety. He admits he often drinks to cope with those problems. On that night in 2013, Smith was drunk when he was picked up by Halifax police.

Halifax Regional Police say Smith's clothes were removed because policewere worried he might use them to harm himself.But Smith says the police should have given him some kind of covering.

"Under standard protocol they should have put me in a baby doll dress, but they don't have those."

Halifax Regional Police spokeswoman Theresa Rath says police did not have that option at the time, and that's why the man was left without clothing.

But afterSmith filed a formal complaint, Halifaxpolice beganoffering safety smocks to people whoseclothing isremoved while in custody.

A longhistory with police

Smith says he wants toto sue the force for about $10,000, buthas no money to hire a lawyer.

He also wants police to receive more up-to-date training to deal with people suffering from a mental illness.Police actions should be better scrutinized, he says, and officers shouldwear body cameras.

Smith hashad numerous run-ins with police across the country. By his own admission he's been charged with assaulting a police officer, resisting arrest and uttering threats. He says most of those charges were eventually dropped.

Halifax Regional Police say Smith has a long history with police in the city.

Smith considers himself an activist who looks to uncover wrongdoing by officers. He has posted several videos online where he talks about his distrust of different police forces.

"I don't paint cops with the same brush," said Smith. "There's some good cops out there and there are some bad cops out there."

Timeline of events

Halifax Regional Police, however, saytheir officers did not doanything wrong.

Rath said Smith was picked up while walking along Rainnie Drive in Halifax around 12:10 a.m. on Aug. 30, 2013. He staggered into the street twice before police arrested him for public intoxication.

Smith says he had just lefta party boat after a night of heavy drinking.

After bringing Smith in, police placed him in a sobering cell. Shortly after,Smith was asked to remove his clothes. Rath wouldn't say exactly why Smith's clothes were taken away.

"If we believe that someone was a danger to themselves and they could use their clothing to try to commit suicide, certainly when we're looking at risk factors it's because we are concerned that the person might be a danger to themselves," she said.

Smith says he was body slamming himself off ametal bench in the sobering cell. That's when police wanted to remove his clothes and place him in a cell with no bench or toilet.

"Told me if you don't take your clothes off, we're going to have officers do it for you. I'm like OK, so I took my clothes off," said Smith.

Rath says Smith had his clothes returned to him around 2:30 a.m.Smith was released from police custody at 6:30 a.m. with a ticket for being intoxicated in a public place.

Smith's case leads to change

Smith filed a complaint about the way he had been treated under the Police Act. That complaint went to the Professional Standards office of the Halifax Regional Police on Nov. 15, 2013.

Rath says the complaint was investigated, but no wrongdoing was found.

Smith then appealed the matter to the Police Review Board under the office of the Police Complaints Commissioner, but he failed to show up for the hearing so his case was dismissed.

Smith said he is now living in Vancouver and didn't have the money to return to Nova Scotia for the appeal.Still, hiscomplaint did promptpolice to change the way they do things.

Rath says Halifax police researched what other police agencies do when they have to remove a person's clothes.

On April 2, 2014, Halifax police began offering a safety smock to people who have their clothing removed while in custody.

"The reason we did that is because we do recognize that it's important to provide a level of dignity to people who are required to remove their clothing while in our custody,"said Rath.

The safety smock is made out a material that makes it difficult to shred or knot and it's also flame retardant. The smock has no strings and is adjusted using Velcro straps.