Grand Chief disheartened after Manitoba RCMP officer is acquitted of assaulting First Nations man
CBC
The leader of the Assembly of Manitoba Chiefs says she is disappointed in Thursday's decision to acquit an RCMP officer of assaulting a First Nations man.
Const. Jeremiah Dumont-Fontaine was charged with assault causing bodily harm following an incident with 50-year-old Brian Halcrow in the summer of 2019.
Halcrow, a member of Tataskweyak Cree Nation, was punched twice by the RCMP officer after Halcrow threw a baseball hat at him outside of a bar in Thompson, Man.
Following a five-day trial by judge, Dumont-Fontaine was found not guilty.
"It's very disheartening, " said Grand Chief Cathy Merrick on Friday.
"It says to me that… it's OK to use excessive force for our people. And that's not right."
Court of Kings Bench Justice David Kroft said the Crown had not proven beyond a reasonable doubt the force used against Halcrow was not justified.
"My ruling should not be interpreted as approval of the force exercised by Cst. Dumont-Fontaine," Kroft said in his decision delivered Thursday in Thompson.
"When I consider the overall circumstances, the nature of the force used, and the characteristics of Const. Dumont-Fontaine, reasonable doubt remains as to whether [his] response was objectively unreasonable."
Crown attorney Christian Vanderhooft said they are "carefully" reviewing the decision and deciding whether they will file an appeal.
"We felt the use of force by punching an unarmed intoxicated male being escorted from an empty bar after a hat was thrown at him was excessive," said Vanderhooft in a statement Friday following the decision.
"The judge came to a different conclusion which he was entitled to do."
Vanderhooft said they have 30 days to file an appeal.
Dumont-Fontaine testified in court the punches were justified and were "reflexive" based on what happened as they exited the bar.
