An Okotoks constable used reasonable force during an arrest for impaired driving in which a 45-year-old woman’s arm was broken on Valentine’s Day of 2016, according to an official report. Susan Hughson, QC, executive director for Alberta Serious Incident Response Team (ASIRT), determined there are no reasonable grounds to believe that the officer committed any criminal offence and, as such, no charges will be laid. The ASIRT investigation was a result of an officer having to use force twice during the incident, once at the roadside and later in the RCMP detachment. RCMP received a complaint on Feb. 14, 2016 of an impaired driver southbound on Highway 2A. RCMP were informed a woman driving a Ford Focus nearly collided with the caller’s vehicle. The woman diving the Focus had been observed drinking from a clear bottle and she was swerving at speeds estimated between 70 and 110km/h in a 100km/h zone. She turned off the highway and entered Okotoks, where she was observed by an RCMP member on patrol at the intersection of 338 Avenue and 32 Street. The lone officer was driving a fully-marked police vehicle and activated his lights and siren to execute a traffic stop. The woman in the Focus made a wide southbound turn on 32 Street, forcing drivers in the northbound lane off the road. The Focus driver continued south and was seen veering far into the left lane then over onto the right-side shoulder before correcting. The woman pulled over the Focus almost a kilometre from where the officer initiated the traffic stop, and ran over the curb in the process. The officer started an impaired driving investigation. He formed the opinion that the woman’s ability to operate a motor vehicle was impaired by a drug or alcohol and tried to place the woman under arrest. The officer had to call in for assistance and used a ‘straight arm-bar” to get her to the ground where handcuffs were applied. The woman was placed in the RCMP vehicle, and video showed her resisting arrest. She was taken to the Okotoks RCMP detachment with the assistance of other RCMP units While at the Okotoks RCMP detachment, the woman rose out of her chair and attempted to take back her belongings, which were on a desk. The officer took back the items, prompting the woman to strike the officer’s chest. This led to the officer once again taking the woman to the ground — this time with the assistance of another peace officer. The woman was wearing glasses that were dislodged during the takedown and she suffered a cut to the bridge of her nose. She complained of being short of breath. She was placed back in handcuffs and EMS was called, who cleaned the cut and assessed her as fit to return to custody. The driver later provided two breath samples of .14 and .12, well above the .08 legal limit for driving. She spent the night at the detachment and was released the morning of Feb. 15. The woman went to a hospital later that day and was treated for a fracture in her left arm near the shoulder. She later plead guilty to impaired driving and resisting arrest. An ASIRT press release stated: “at the roadside, the woman was lawfully under arrest and the use of force was necessary for the officer to carry out his lawful duty to arrest and contain her. When considering factors such as the subject officer working alone, without assistance, and the close proximity to vehicular traffic, the force used cannot be said to be unreasonable in the circumstances. “Similarly, the force he used in the detachment cellblock was in direct response to her assault. This force cannot be said to be unreasonable.” The report added in both cases, the force was brief, minimal, without resort to a weapon, and was used for the purpose of gaining control of the woman, who was physically and verbally uncooperative with police.”
