RCMP officer acquitted of assault, uttering threats in Arctic Bay incident

RCMP Const. Luke Tomkinson has been acquitted of charges of assault with a weapon and uttering threats, stemming from his time on duty in Arctic Bay nearly five years ago.

“The Crown’s failure to prove, beyond a reasonable doubt, that Const. Tomkinson acted unreasonably or that he used more force than was necessary, must result in an acquittal of Const. Tomkinson on all charges,” Justice Christian Lyons wrote in his 12-page decision.

Tomkinson was charged in 2022 following a complaint over an incident on the morning of Feb. 15, 2020, while he was working as a relief officer in Arctic Bay.

The case went to trial in October 2023, but was halted when an evidence-related issue came up. The trial resumed and concluded in November last year.

The day of the incident, Tomkinson and Const. Jesse Byer responded to a call about a young woman who was overdosing inside Andrew Muckpa’s home. While there, the pair went to arrest Ivan Oyukuluk as part of a drug-related investigation.

During the struggle to arrest Oyukuluk, which was caught on video and shared on Facebook by Muckpa’s son, Muckpa is heard yelling at the two officers from a seat less than three metres away.

That’s when Tomkinson unholstered his conducted energy weapon, also known as a stun gun, pointed it at Muckpa and yelled at him, saying “I’ll get you right in the [expletive] face.”

“I’ll kill you,” Muckpa said in a soft tone, after Tomkinson had pointed the stun gun.

The officers completed their arrest and brought the young woman to the health centre.

Based on the trial evidence, Lyons said the two officers entered a home not knowing how many people were there, were outnumbered without any backup, and faced a possible physical threat from Muckpa.

“These factors provided Const. Tomkinson reasonable grounds to do what he deemed necessary to prevent Mr. Muckpa from attempting to interfere in the arrest of Mr. Oyukuluk, and to maintain control of a potentially volatile situation,” Lyons said.

The judge also wrote “that use of foul and aggressive language is sometimes necessary to effectively communicate with someone who may be intoxicated, has used foul and aggressive language towards you, and is potentially violent; which were the circumstances Const. Tomkinson faced at the time.”

Trevor Martin, one of Tomkinson’s two defence lawyers, welcomed Lyons’ ruling, saying the case has weighed on his client for some time.

“We appreciate that the judge recognized the exigent circumstances in which Const. Tomkinson found himself, and that his actions actually had the effect of [defusing] what might have become a dangerous situation for everyone involved,” Martin said in an email.

“Const. Tomkinson and his partner were able to successfully get the young woman in medical distress to the help that she needed, which was the reason they were at the scene in the first place.”

Martin, by phone, also remarked on the unusual nature of this case, where the assault allegation stems from Tomkinson displaying and threatening to use his stun gun, rather than a physical use of force.

Tomkinson was still working for the RCMP in November 2024, posted in British Columbia. Martin declined to comment on Tomkinson’s current employment.

The RCMP does not comment on court decisions, said Nunavut RCMP spokesperson Cpl. George Henrie in an email.