A public hearing has been scheduled regarding the use of force by two Abbotsford police officers against a homeless Indigenous man who sustained serious injuries. The hearing was called by British Columbia's police complaint commissioner following an incident that occurred on January 23, 2024.
The officers involved, Constables John Leivdal and Meghan Hamel, confronted the man while he was walking with a shopping cart and a large stick near homeless shelters and outreach services. According to the Office of the Police Complaint Commissioner, the officers stated they stopped the man for jaywalking and instructed him to drop the stick. They reported that he refused and claimed the officers were going to kill him.
The situation escalated when Leivdal pepper-sprayed the man, drew his firearm, and physically assaulted him. The commissioner noted that the officer punched the man multiple times and push-kicked him. In response, the man punched one of the officers in the shoulder and fled, but was soon apprehended after a brief chase.
The use of force included punches, elbow and knee strikes, as well as two cycles of a conducted energy weapon, commonly known as a Taser. The man was subsequently taken to the hospital with serious injuries to his face and head. Some of the incident was captured on closed-circuit television.
After the arrest, the man faced criminal charges, which were later stayed by the B.C. Prosecution Service. Police complaint commissioner Prabhu Rajan emphasized the need for a thorough examination of the officers' actions, stating, "To preserve public confidence in policing, there needs to be full accounting of why the members rapidly used substantial force options rather than stepping back and trying to calm and de-escalate the situation."
Rajan expressed concern that the initial interaction with a marginalized and fearful individual escalated excessively over a minor traffic violation. He aims for the hearing to provide an independent review of the rapid escalation of force and to offer guidance on crisis intervention and de-escalation techniques, particularly in the context of police treatment of Indigenous Peoples.
David Pendleton, a former provincial court judge, has been appointed to oversee the hearing. He will hear from witnesses, assess whether the officers committed misconduct, and determine if disciplinary actions are necessary. Pendleton can also recommend changes to police policies and practices.
The hearing will be open to the public and media unless restrictions are imposed by Pendleton. Specific dates for the hearing have not yet been announced but will be made available to the public. Recent changes to the Police Act now allow the complaint commissioner to initiate a public hearing following a final investigative report from the police, although the commissioner cannot independently determine misconduct. An appointed adjudicator will conduct the hearing at an arm's length from the Office of the Police Complaint Commissioner.