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Judge awards B.C. man $60K over police dog bite

Judge awards B.C. man $60K over police dog bite

CBC
Friday, September 06, 2024 01:44:24 PM UTC

WARNING: This story contains details of intimate partner violence and animal abuse.

A B.C. man who was bitten by a police service dog four-and-a-half years ago has been awarded $60,000.

In a decision last week, B.C. Supreme Court Justice Michael Thomas said an RCMP officer and dog handler's "intentions were good," but he made an error when he released the dog too quickly.

Police were called to the man's house for a domestic dispute. He was charged with assault causing bodily harm, mischief and threatening to harm an animal — his partner's cat, according to the B.C. Prosecution Service (BCPS). 

But "after receiving new information," Crown counsel concluded that the charge approval standard was no longer met and entered a stay of proceedings.

The man sued the B.C. minister of public safety and solicitor general, and the attorney general of Canada, alleging assault and battery after he received three lacerations to his right forearm at depths of three, two and five centimetres, respectively, in March of 2020, according to the court decision. 

The judge said there was "no imminent threat of violence" from the man when the dog was released on him but said he was struck by the officer's "integrity" and "pride" in serving his community.

"His job is difficult and requires split-second decisions. However, in these circumstances, he erred by rushing to try to facilitate a quick arrest when other reasonable options were available," Thomas said.

"By releasing the [dog] when the situation called for further communication and attempts to de-escalate the situation, he erred and acted unreasonably."

According to the decision, two RCMP officers were dispatched to the man's home and were advised of a domestic dispute between him and his partner. 

The man had grabbed his partner's wrists and dragged her out of her bed by her ankles and made threats against her, according to the ruling.

He had a fishing knife, which he used to key her car. He had also rammed his partner's brother's truck with his own truck.

He came back into the home and was screaming at his partner while smashing and throwing things at her, according to the decision.

He had also threatened to smash his partner's cat with a sledgehammer. The ruling doesn't say where in B.C. the incident occurred.

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