RCMP clashes with its watchdog over Mountie's decision to Taser a veteran with a medical implant

The RCMP and its watchdog body are at odds over whether a Mountie was justified in Tasering a veteran with a medicalimplant a conflict critics saypoints to flaws in the process meant to keep Mounties accountable.

After years of back-and-forth with the RCMP, the Civilian Review and Complaints Commission for the RCMP has completed its investigation and iscalling out what it sees as an unjustified, warrantless entry and premature use of a Taser.

RCMP Commissioner Brenda Lucki has rejected those findings, arguing her members' safety was at risk.

Bruce Webb, the man at the centre of the case, said thathe doesn't see the CRCC's decision to side withhim as a victory.

"Nothing is changing," he told CBC.

His case dates back to early 2016 in Nova Scotia, when heand his partner were attempting to convert the Purple Leprechaun Roadhouse in Lunenburg County, N.S. into a lounge. Neighbours opposed the zoning application.

A copy of CRCC chairperson Michelaine Lahaie's final report wasreleased to CBC through an access to information request. Webb, formerly of Nova Scotia, confirmed that it's his matter.

According to the CRCC report, Webb at one pointplaced a speaker outside the roadhouse and played loud music throughout the day, accumulating noise complaints.

The Mounties were called in and eventually disconnected the speaker and seized it.

That further aggravated Webb, a veteran of the armed forces, who then called 911 six times accusing the RCMP of stealing his property, says the report. He and his partneralso had an apartment in the roadhousebuilding.

Webb told the 911 dispatcher he felt he had been "judged by a stormtrooper in police wardrobe."

During another one of those calls, says the report, Webb asked if there was an emergency lineveterans can call when in a state of panic.

Three RCMP officers were then deployed back to thePurple Leprechaun Roadhousejust before midnight on Feb. 28.

'If you Tase me, I may die'

According to the report, the officers peered through a glass door andobserved Webb pacing while on the phone,gesturing for them to go away.

The watchdog's report saysRCMP Const. Mark Thomaespulled the restaurant door until the doorframe dislodged, then forced the door open.

The CRCC's investigators reviewed video footage from inside the Purple Leprechaun from three different angles. CBC Nova Scotia conducted its owninquiriesat the time of the incident and also obtained a copy of the surveillance footage.

The surveillance video shows Thomaes throwing Webb's phone on the ground before grabbing Webb behind the neck and yelling for him to "get down on the ground."

In the video, Webb is seen swiping back, hitting Thomaes in the head.

Webb then falls to the ground and recovers in a sitting position.

The CRCC report says that at that point,Thomaesdrewhis conducted energy weapon(CEW)commonly referred to as a Taser and pointedit at Webb's chest.

Webb is heard on the video saying, "If you Tase me, I may die," and tellingthe officers he has a medical implant.

Webb has told CBC News he has an implant in his abdomen that's connected by electrodes to his spinal cord to relieve a chronicleg injury.

The video then showsconstables Adam Chapman and Chad Burridge walking into the shot and attempting to handcuff Webb, who struggles against them.

The report says thata few secondsafter that point, Thomaes askedhis fellow officers to back away. Webb, wearing one handcuff, can be seen on the video tryingto inch away from the officers.

The video then shows Thomaesdeployingthe Taser and Webb fallingto his right side.Chapman and Burridgethen move in and secure both handcuffs.

CRCC says Mounties' entry was unjustified

The Nova Scotia Serious Incident Response Team, which is called in when someone is seriously injured or killed during police action, ruled that RCMPofficers were justified in entering Webb's home without a warrant and using force.

Lucki also has argued her officers were acting reasonably, were responding to someone in distress and were concerned about their own safety.

But the CRCC took an entirely different view.

For starters, the commission concludedthe three officers unreasonably entered Webb's home.

The three responding officers said they had grounds to arrest Webb under Nova Scotia's Involuntary Psychiatric Treatment Act but the CRCC concluded thatthe case warranted a wellness check "at best."

"No reasonable grounds have been provided to suggest that [Webb] was suffering from a mental disorder," saysthe watchdog report.

The CRCCalso saidthe officers didn't follow proper procedure.

The Involuntary Psychiatric Treatment Act requires that policebe satisfied that the individual wouldnot consent to a medical examination before entry.But the CRCC report points out that Webb expressly asked to be connected to a veteran's assistance line.

The three Mounties also did not have Webb assessed by a physician for any mental health concerns as required by the act and initially planned to take him straight into custody, saysthe report.

As Lahaie pointsout in her final report, it was the paramedics who insisted Webb be transported to the hospital after getting hit in the chest by the electric current. Her report sayshe was never assessed for mental health concerns.

In a letter from Lucki to Lahaie, attached as part of the CRCC report, the top Mountie rejected the CRCC's findings and argued the attending members had "duties to protect life and prevent serious injury."

RCMP argues officer safety was at risk

Lucki and the CRCCalso disagreeover whether the use of a Taser was reasonable.

The CRCC ruled that Thomaes "did not attempt to de-escalate the situation before deploying the CEW."

His use of a Taser "was premature and objectively unreasonable," saysthe CRCC report.

The watchdog found that while Webb was non-compliant, the officer was yelling commands without explaining why police were there.

Lahaie wrote that Webb was seated on the floor andbacking away, limitinghis ability toharm thethree RCMP officers.

She also said none of the officers attempted to use de-escalation techniques, as required by the RCMP's own national policy.

Lucki argued Webb had struckThomaes already and had a loose handcuff around his wrist. She argued it created an unpredictable situation and force was warranted.

"De-escalation is an important consideration but it must be balanced with officer safety," Lucki wrote in her letter to Lahaie.

The CRCC report saysthat response "only scratches the surface and fails to take a more nuanced approach to the application of force and the reasons for it."

Lahaie surmised that the responding officers likely werefrustrated and irritated with Webb's behaviour beforetheir visit and had decided already to arrest him before theygot to the scene.

As a Canadian citizen, [Webb] is afforded a number of rights, including the right not to be subjected to unreasonable force at the hands of the RCMP- CRCC report

In a radio communication reviewed by the CRCC, an unidentified Mountie is heard saying, "They're going to make the decision, going to go into the house and arrest [Webb] under the involuntary mental health act."

"The commission does not dispute that members of the RCMP may use force for reasons of officer safety in accordance with the IPTA[Involuntary Psychiatric Treatment Act],"saysthe CRCC report.

"However, it fails to understand how the level of force used by Constable Thomaes upon entry can be considered reasonable when Constable Thomaes's only concern at that point in time should have been the physical and mental welfare of [Webb]."

The report goes on to say thatThomaes "was angry and upset, and that he aggressively subdued [Webb] in the quickest way possible."

'I was abused, mishandled, mistreated'

The CRCC report makes it clear that Webb was no angel. It callshis behaviour towardRCMP members, 911 emergency dispatchers and his own neighbours "objectionable and unnecessary."

"Regardless, as a Canadian citizen, [Webb] is afforded a number of rights, including the right not to be subjected to unreasonable force at the hands of the RCMP," says the report.

The CRCC report makesthree recommendations, all redacted.

Lucki wrote to the CRCC that she doesn't support the recommendationsandwon'timplement them.

Years after the initial incident, Webb said he's still tormented by what happened that night.

"I was abused, mishandled, mistreated," he said. "Middle of the night screams are a regular thing for me."

Webb also said he experienced physical pain.

"After being attacked and zapped, my implant malfunctioned, sending me to months of over-the-top pain and a surgery to repair," he said.

The watchdog has no binding powers on the RCMP, meaning Webb's matter is at a standstill.

Lawyer points to gaps in the oversight system

Tom Engel, a criminal defence lawyer in Alberta who has made a career of challenging police misconduct, said the case points toa major flawin the oversight system.

"This once again highlights the dire need for reform of the RCMP Act to prevent the commissioner and the RCMP from ignoring decisions of the civilian oversight body," he said.

"RCMP officers who see their fellow officerscommit criminal misconduct and then get away with it that hurts the morale within the RCMP. It's bad for the reputation of the RCMP."

The Liberal government has introduced a bill that would amend the CRCC's mandate torequire theRCMP commissioner to respond to reports from the watchdog within six months addressing a long-standing complaintofcritics. The RCMP has been known to takemonths,even years, to respondto complaints.

Meghan McDermott, staff counsel with the British Columbia Civil Liberties Association, said the legislation isa step in the right directionbut it needs amendments to a make a difference.

"Just the fact that the recommendations from the oversight body should be binding. I mean, that is just such a basic expectation and requirementthat I think the average person in Canada would expect," she said.

"We are deeply, deeply disappointed that we don't think it goes far enough."

McDermott and Engel said theyhope Bill C-20 will get a rewrite as it makes its way through Parliament.

"When the state comes into your home, without a warrant and uses force against you,short of grievous bodily harm or death, it's hard to think of a more intrusive and rights-denying abuse of powerby the state," saidMcDermott.

Lahaie did conclude in her reportthat the RCMP was justified in seizing the speakers from Webb's property.

Criminal charges against Webb were dropped. He was fined $500 under provincial lawfor making false and frivolous calls to emergency services,saysthe CRCC report.

The CRCC reviews complaints about the conduct of RCMP members, ranging from excessive force to poor attitudes. It conducts reviews when complainants are not satisfied with the RCMP's handling of their grievances. The chair can also launch independent investigations.

The RCMP did not respond to CBC's request for comment.