N.W.T. man files excessive force complaint against Fort Smith RCMP
CBC
WARNING: The video discussed in this story contains scenes of violence.
An N.W.T. man who was cleared last month of assaulting peace officers has filed a formal complaint against RCMP, claiming they used excessive force that left him with fractured vertebrae in a Fort Smith cell.
Kelly Canadian's complaint describes being struck repeatedly with a closed fist by officers in January. Canadian was in custody at the time for failing to appear in court, though court documents don't say what he was supposed to appear for. He has previously been charged with theft, harassment, mischief, assault and previous failures to attend court or to comply with conditions of his release.
Varied accounts of the events surrounding his injury emerged during a trial in early August, where he was found not guilty of assaulting peace officers.
A surveillance video presented during the trial and obtained by CBC News shows officers escorting Canadian into his cell at the Fort Smith RCMP detachment. The officers bring Canadian to the ground and repeatedly push his face into the cement floor, and the video shows a sergeant putting his knee on the back of Canadian's neck.
Documents from Stanton Hospital included in court files say Canadian suffered a compression fracture to his T5 vertebra as well as "anterior wedging" of four other vertebrae further down his back. Canadian says his fractures have healed but he continues to suffer back pain.
WATCH | Surveillance footage of RCMP officers restraining Kelly Canadian
In August, Canadian was tried on five counts of assaulting a peace officer. He was found not guilty on all counts. Details discussed during the trial reveal information on the events leading up to the altercation in the cell
One count was an alleged assault against Sgt. Cagri Yilmaz, one of the officers in the video. That alleged assault would have taken place at the Fort Smith RCMP detachment on Jan. 10, just before the events shown in the video.
In her decision to find Canadian not guilty, territorial court Judge Christine Gagnon said she found no reason for police to lay the assault charge against Canadian, other than the fact that their use of force would likely be subject to scrutiny.
"There would be an interest for [Yilmaz] to claim that he was assaulted, in order to justify, after the fact, the force that he used against Mr. Canadian," she said.
At the time of that alleged assault, Canadian was appearing by video for a bail hearing. After, he didn't want to return to his cell when Yilmaz told him to.
Yilmaz told the court Canadian spat in his face when he took out his handcuffs, and "raised his hands" to hit him.
"It was obvious he wanted to fight me," Yilmaz said.
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