N.S. man's arrest 'unnecessary' but likely not motivated by race: police board
The Nova Scotia Police Review Board has ruled that an officer acted stubbornly and unnecessarily but was likely not motivated by race when he arrested a Black man and his wife who were in a park after hours in 2018.
Adam LeRue and Kerry Morris had filed a complaint against two Halifax police officers, alleging race played a role in LeRue being arrested and jailed after the couple stopped in the park to make a phone call.
In a decision issued June 18, the board found that Const. Kenneth O'Brien, the first officer on the scene, had repeatedly failed to exercise discretion and de-escalate the situation after he had stopped LeRue and Morris for being in the park after 10 p.m.
The report noted that such an offence would not generally even warrant a ticket, but O'Brien chose to escalate the situation when he and his fellow officer forcibly removed Morris from the car, arrested LeRue on a charge of obstruction and conducted a full search of their vehicle.
While the board was critical of O'Brien's actions, it accepted the officer's claim that he had not perceived LeRue as Black or had been motivated by race.
Instead, the board found that O'Brien had likely been angered by the couple's refusal to show ID, which the board said led the officer to "stubbornly and unnecessarily" exercise what he saw as his authority.
"While it was possible that Const. O'Brien's conduct was triggered by race, it is more likely that it was triggered by the questioning of his authority to request ID, and the request to speak to a supervisor," the board found.
The board concluded that O'Brien violated two articles of the police code of conduct, including one that refers to "acting in a disorderly manner or in a manner that is reasonably likely to bring discredit on the reputation of the police department." A hearing will be held at a later time to determine what penalty he could face.
The board dismissed the allegations against the second officer, Brent Woodworth, concluding he acted largely on O'Brien's instructions and according to police training.
Lawyers for Woodworth and O'Brien had argued the case was about LeRue's and Morris's failure to answer simple questions and obey police commands rather than about alleged systemic racism in the police department.
But while accepting that the arrest was not necessarily motivated by racial profiling, the board repeatedly found that O'Brien had failed to show he had "good or sufficient cause" when he searched the car and arrested LeRue on a charge of obstruction of justice.
"Even if lawful, it can hardly be seen as a reasonable exercise of discretion to apply such a charge in a situation where the 'evil' done by Mr. LeRue was sitting in a parking lot, talking on the phone, while his wife ate pizza," the board wrote.
The board also did not believe O'Brien's testimony that he decided to search the vehicle after smelling marijuana, or that Morris, who is about five feet tall, had been removed from vehicle over concerns over officer safety.
It noted that while LeRue had been "verbally noncompliant" when asked for ID, neither he nor his wife had given any sign that they were physically aggressive.
"At best, it was an unnecessary arrest and an unnecessary search," the board wrote.
LeRue said during testimony last fall that the obstruction of justice charge laid against him was resolved through a restorative justice program. The ticket for being in a park after hours was dropped by the Crown, LeRue said, adding that he had paid a fine for the ticket he had received under the Motor Vehicle Act for failing to provide the officer his driver's licence.
This report by The Canadian Press was first published June 21, 2021.
CTVNews.ca Top Stories
BREAKING Louis Gossett Jr., 1st Black man to win supporting actor Oscar, dies at 87
Louis Gossett Jr., the first Black man to win a supporting actor Oscar and an Emmy winner for his role in the seminal TV miniseries 'Roots,' has died. He was 87.
Weather alerts issued for 7 provinces, 1 territory
Warnings of up to 60 millimetres of rain and other alerts have been issued for seven Canadian provinces and one territory ahead of the Easter weekend.
He didn't trust police but sought their help anyway. Two days later, he was dead
Jameek Lowery was among more than 330 Black people who died after police stopped them with tactics that aren’t supposed to be deadly, like physical restraint and use of stun guns, The Associated Press found.
Luxury cruise line selling world cruise suite for US$1.7 million
Luxury operator Regent Seven Seas Cruises is raising their price tag to eye-watering levels, with a suite on an upcoming 140-day world voyage costing US$1.7 million.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
A Filipino villager is nailed to a cross for the 35th time on Good Friday to pray for world peace
A Filipino villager has been nailed to a wooden cross for the 35th time to reenact Jesus Christ’s suffering in a brutal Good Friday tradition he said he would devote to pray for peace in Ukraine, Gaza and the disputed South China Sea.
Ontario homeowner on the hook for $27,000 when contractor severed power line
An Ontario man who built a garage on his property has been locked in a battle with his electricity provider for a year and half over a severed power line.
Fluid in eye cells can 'boil' if you watch the eclipse without protection: expert
Millions of people in parts of Eastern and Atlantic Canada will be able to see the rare solar eclipse happening on April 8. But they should only look up if they have proper eye protection, experts say.
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.