RCMP officer’s assault trial to resume in November; disclosure issue resolved

The trial of an RCMP officer charged in an alleged on-duty incident in Arctic Bay will resume next month after a disclosure matter was resolved in court Monday.

Trevor Martin, one of Const. Luke Tomkinson’s two defence lawyers, appeared by videoconference on his client’s behalf. He asked that Crown prosecutor Yoni Rahamim provide copies of letters, notes, emails and texts between members of the RCMP’s senior management regarding an initial decision not to charge Tomkinson.

Tomkinson is charged with assault with a weapon and uttering threats stemming from an incident, captured on cellphone video, in Arctic Bay on Feb. 15, 2020.

While assisting Const. Jesse Byer in making an arrest, Tomkinson is seen allegedly pulling out his conducted energy weapon — sometimes referred to as a stun gun — pointing it across a room in the home of Andrew Muckpa, and telling Muckpa he would hit him in the face with it.

At the trial last year, Tomkinson’s lawyer David Butcher argued the action was in response to a threat from Muckpa, while Muckpa testified that he was the one being threatened.

RCMP senior management initially elected not to charge Tomkinson after becoming aware of the Facebook videos.

On Monday, Martin said the RCMP’s initial review found the two officers did a good job of de-escalating a “dangerous” situation while also saving the life of a young woman who was overdosing.

Rahamim questioned the “relevance” of those RCMP correspondences.

He noted the charges were laid after a public complaint from Ivan Oyoukuluk, the man who was being arrested, more than a year later. Following that, the RCMP recommended a Public Prosecution Service of Canada review, and then the charges were laid.

Justice Christian Lyons also questioned the relevance, and asked why the defence might find this information useful. He called the overall case “straightforward,” referring to the video evidence.

Martin said Tomkinson wants to see this case end and to learn why he was cleared the first time that superior officers considered whether to lay charges.

Monday’s hearing ended with Lyons asking Rahamim to provide what he could to the defence, but also said the trial will still continue.

Lyons also said he would have his decision ready on another issue — whether Tomkinson’s subject behaviour/officer response report, a mandatory report officers file after use-of-force incidents — is admissible evidence.

The trial is to resume Nov. 18 in Iqaluit.

The trial started Oct. 17, 2023, and came to a standstill three days later.