Indigenous woman punched while at RCMP detachment sparks calls for change

WINNIPEG -- A Winnipeg lawyer is highlighting issues with the way intoxicated people are treated after no formal investigation was made in a case where an Indigenous woman was knocked unconscious at an RCMP detachment in Thompson.

The incident, which happened back in January of 2018, started when two community safety officers picked up 19-year-old Genesta Garson on suspicion of being intoxicated.

Recently released surveillance camera footage details Garson's time in custody.

In the video, Garson is seen arriving at the Thompson RCMP detachment and is later asked to take off some of her clothes.

According to Garson's lawyer, Rohit Gupta, this is where the first issue takes place.

"She's given instruction to strip down to one layer of clothing and you see a back and forth between Genesa and the officers and that's a product of other northern detachments that is being used at this detachment," said Gupta.

Gupta said there is no reason for someone in Genesa's case to have to remove articles of clothing like her bra.

"There's no actual discretion being used," he said. "The policy is applied blanket with every individual that enters this detachment," he said.

In the video, Garson can be seen removing her belt. She moves suddenly toward one of the officers, who then punches her in the face knocking her unconscious.

The video then shows a female RCMP remove one of Garson's pant layers. The two community safety officers then drag Garson into a cell where she waits for paramedics to arrive.

"A FAILED SYSTEM"

After the incident, Garson was charged with assaulting an officer, a charge that was later stayed.

Gupta originally helped Garson pro-bono for the assault charge. He then helped her file a formal complaint with the Civilian Review and Complaints Commission against the RCMP.

After filing the complaint, RCMP officers showed up at Garson's door, asking her to withdraw the complaint.

"What we've seen is a failed system that lacks transparency," Gupta said. "Independent people need to be appointed so these complaints can be actively investigated and mitigate something like this happening again."

Gupta also cites a lack of oversight for community safety officers, a type of peace officer employed by the City of Thompson.

In a statement released Tuesday afternoon, Jane MacLatchy, commanding officer of the Manitoba RCMP, said community safety officers' training is being looked at.

"I have asked that an assessment be completed on all the training provided to the City of Thompson [community safety officers] who have access to our cells and whether it requires updating," MacLatchy's statement reads. "As an organization, we need to ensure that any peace officer who has access to our cells has the appropriate training, particularly as it pertains to use of force."

In a statement to CTV News, the City of Thompson said city administration was not informed of the incident until several months later.

"I find that very odd considering the complaint was filed with RCMP, there was an access to information request with RCMP, there was many ways the city should have known what was going on at their detachment," said Gupta.

The City of Thompson said it has made several changes including returning the supervision of community safety officers to a dedicated public safety manager, asked to be notified by RCMP when use-of-force incidents occur, and said they will conduct an investigation when such incidents are reported.

The city also said it would continue to review the program and how to ensure critical training is followed appropriately.

Neither one of the community safety officers involved in the incident hold that position anymore, and only one is still working for the city, according to the City of Thompson.

"SHOULDN'T HAVE BEEN A JAIL"

According to Gupta, this incident is the opposite of what should have happened when Garson was picked up under The Intoxicated Persons Detention Act.

"The detention act itself was meant to be a safe place for that individual, so they didn't present a danger to themselves, whereas the danger underlies at the detachment," Gupta said. "Why are we lodging people who are intoxicated at a jail facility?"

MacLatchy acknowledged the issue in her statement.

"There is a fundamental lack of resources across northern Manitoba to house people who simply need a safe place to sleep for the night," MacLatchy wrote. "We all know a detachment cell block is not the best place to house someone who is intoxicated; however, sometimes there is little other choice."

MacLatchy noted that 27,000 arrests were made under the Intoxicated Persons Detention Act across northern Manitoba that year, showing something needs to change.

"I can assure you that our senior officers are working with the Province and partners across sectors to find solutions that do not involve arresting individuals and placing them in our cells," the statement goes on to read.

CURRENT LAWSUIT

Garson has since filed a lawsuit against RCMP, the City of Thompson, the Attorney General of Canada, and the two community safety officers.

Gupta did not want to talk about case specifics since it is currently before the courts.

"Hopefully, changes are going to be made looking through the lens of Ganesa," said Gupta. "Effectively, it took two years for something to be done."

The suit seeks damages caused by the incident and alleges the incident violated Garson's Charter rights.

Both the RCMP and the City of Thompson deny the allegations, and none of the claims have been tested in court.