Allegations against the RCMP in relation to the treatment of family members as part of a tactical operation

The RCMP arrested the complainant at his home on terrorism-related charges. In the course of the operation, the complainant’s family members were handcuffed. It was the complainant’s position that this was improper and that the RCMP officers did not utilize their cultural sensitivity training. 

NSIRA found that: 

• The officers securing the complainant’s residence and whose conduct gave rise to this complaint were members of other police forces and not RCMP members. 
• Given the police had, at the time, reasonable grounds to believe that the premises might have contained unsecured and dangerous weapons, the initial detention of the complainant’s family members by using handcuffs was not arbitrary. However, as soon as the officers had control of the scene, the use of handcuffs was no longer appropriate. It followed that the family members were arbitrarily detained within the meaning of section 9 of the Charter. 
• Considering the cultural sensitivity briefing that was provided by the RCMP to the investigators taking part in the operation did address the essential consideration, there was no act or omission by the RCMP that raised the risk of culturally insensitive conduct.

NSIRA determined that, although the RCMP assumed a general supervisory role over the execution of the operation, they depended on the professionalism of the other police forces in planning and executing a dynamic search. Given that the conduct of the other police officers who participated in the search could not be attributed to the RCMP, no findings or recommendations were made for the RCMP in keeping with NSIRA’s jurisdiction.