Police watchdog says RCMP use of force in 2020 Whitehorse arrest was not criminal

An Alberta-based police watchdog agency has found that Yukon RCMP officers committed no offences when they used force to arrest a man who had been carrying an axe through Whitehorse's Rotary Park three years ago.

But the Alberta Serious Incident Response Team (ASIRT) also acknowledged that there were some "issues" with the officers' use of force which left the man with an injured arm and a black eye.

"The law recognizes that officers' actions are not to be held to a standard of perfection. There are issues with the subject officers' actions on that day, but they do not rise to the level of criminal liability," reads the written decision from ASIRT released on Friday.

The ASIRT investigation was launched a few days after the incident in Whitehorse on July 6, 2020. ASIRT is an independent agency that investigates incidents involving police resulting in serious injury or death, and allegations of police misconduct.

The decision report describes what happened that day, based on testimony from 13 civilian witnesses, the arrested man, and three RCMP officers.

According to ASIRT's report, several of the civilian witnesses at the park that day found the arrest shocking and unsettling. Some felt they had witnessed police violence, with officers using excessive force against the arrested man.

Other civilian witnesses said they felt the police actions were justified.

Along with the witness interviews, investigators reviewed video of the incident taken by some of the witnesses as well as police.

A fourth RCMP officer who was there that day declined to provide testimony, a report, or notes to ASIRT.

"Subject officers, as the subjects of criminal investigations, have the same rights as any other person and therefore are not required to provide anything to ASIRT," the decision report states.

The investigation report describes how there were some discrepancies in the different witness accounts of what happened, but "overall, there was significant agreement between all witnesses, from the civilian witnesses to the subject officers to the [arrested man]."

The report describes how the arrested man had reportedly been seen that morning walking through downtown Whitehorse carrying a 3-foot axe, breaking a window on a train display near the MacBride museum, and appearing "angry."

He made his way to Rotary Park, where more witnesses described seeing him swinging the axe and hitting trees. At one point, he threw the axe at the ground not far from some witnesses.

"His actions during this time made some observers concerned that he may be intoxicated or experiencing mental health issues," the report states.