Nunavut RCMP to review holding cell punching allegation

The Nunavut RCMP will conduct a review of a Jan. 2 incident, recorded on video, in which an Iqaluit man appears to have been punched by RCMP members in a holding cell. (FILE PHOTO)

The Nunavut RCMP “V” division will conduct a review of a holding cell incident — displayed in a Jan. 2 video shown Feb. 12 in open court — in which three police officers appear to have punched a 44-year-old Iqaluit man named Eetooloo Ejetsiak, police said Feb. 18 in a news release.

“While the Crown is of the view that the use of force was appropriate, in order to be accountable and transparent to the people of Nunavut, the RCMP has directed that a review be conducted of the entire incident to ensure that the use of force was appropriate given the circumstances and totality of the situation,” the RCMP said.

At the same time, the RCMP disputes how the video, recorded Jan. 2, was characterized after it was shown at Ejetsiak’s recent sentencing hearing at the Nunavut Court of Justice.

“It appears that Mr. Ejetsiak was treated very badly,” Justice Bonnie Tulloch had said in court, late in the afternoon of Feb. 12.

Nunatsiaq News reported on the video, and on Ejetsiak’s court appearance, in a story published Feb. 16 in Nunatsiaq Online.

Defence lawyer Joseph Murdoch-Flowers submitted the video as part of sentencing submissions after Ejetsiak’s trial wrapped up around 5 p.m. Feb. 12.

Ejetsiak had been found guilty on three breaches of an undertaking, one charge of creating a public disturbance, one count of resisting arrest and possessing 28 grams of marijuana.

Murdoch-Flowers used the video to support arguments that Ejetsiak receive special consideration under the Supreme Court of Canada’s Gladue principles for aboriginal offenders.

Nunavut RCMP, however, dispute the characterization that the video received in court.

“After reviewing the entire video, the RCMP does not agree with this account,” a Nunavut RCMP news release said.

The RCMP said Ejetsiak had removed some his clothing and that “his actions clearly demonstrated that he was posing a risk to himself.”

The three police officers were called back to Ejetsiak’s cell to deal with the situation, police said.

“Based on Mr. Ejetsiak’s behaviour, as well as the situational and environmental factors, RCMP officers removed Mr. Ejetsiak’s clothing to prevent him from harming himself. Mr. Ejetsiak then became agitated and assaultive towards RCMP officers resulting in a police use of force,” the RCMP said.

In the video, a naked Ejetsiak approaches the police officers. After one officer pushes him in the chest, Ejetsiak attempts to kick the officer, but the kick misses.

The three officers appear to jump onto Ejetsiak, throwing punches.

After that, the video shows Ejetsiak lying on his knees on the floor, in a fetal position, with what appears to be a puddle of blood beneath his face.

At the Feb. 12 sentencing hearing, Crown prosecutor Zachary Horricks said in court that Tulloch should consider the context of the video before forming any conclusions.

Police also said the video should not be interpreted out of context.

“Incidents involving police use of force are complex, dynamic and constantly evolving, often times in a highly charged atmosphere. Police officers must make split-second decisions when it comes to use of force,” the RCMP said.

The RCMP also said its members receive training in the force’s Incident Management Intervention Model, which “trains RCMP officers to consider all intervention options and outlines the various levels of force available, based on subject behaviour, situational factors, tactical considerations and officer perceptions.”

Ejetsiak’s sentencing hearing was to have continued on the morning of Feb. 18 in Iqaluit.

He has yet to be tried on a newer set of charges arising from incidents that led to his Jan. 2 arrest, when the video was recorded.