Arm’s length agency will review Mitchell arrest details

Events following the arrest of Sault man Timothy Mitchell by Sault Police March 26, 2016 will be investigated by the Office of the Independent Police Review Director (OIPRD), said Sault Police Chief Robert Keetch, speaking to the Sault Ste. Marie Police Services Board at its Thursday meeting.

“I think it’s fair to say there was some potential concern from the board with regard to the conduct review of the incidents that occurred in the cell area (at the Police Service building the day of Mitchell’s arrest),” Keetch told the board.

At Keetch’s request, the OIPRD, an oversight body which carries out investigations involving police, will conduct the review.

The request for the OIPRD to review the circumstances surrounding Mitchell’s arrest comes after Deputy Chief Sean Sparling reviewed the cell block video from when Mitchell was booked in by police.

In his report to the board, dated Mar. 19, 2018, Keetch wrote “in reviewing the video it was Deputy Chief Sparling’s opinion that there were sufficient concerns seen in the video to warrant a full misconduct investigation of the officers involved.”

“These issues included potential breach of the Code of Conduct under the Police Services Act and/or breach(es) of Sault Ste. Marie Police Service policy. For this reason, Deputy Chief Sparling has ordered a conduct investigation to be undertaken in this matter.”

“Due to the history of this file and the fact that there are conflicting conclusions from both the SIU and the Court, it was felt that an outside party, independent of the police, should conduct this investigation,” Keetch wrote.

The OIPRD has not yet started its investigation, neither is it known when the OIPRD will report on its findings.

“The OIPRD typically can be a little slower…they were going to assign it to an investigator this morning and then they would be contacting us to coordinate that investigation. We haven’t lost sight of it, and I think you’ll see there’ll be regular updates every board meeting with regard to this ongoing process,” Keetch said.

Keetch added arrangements have been made with the Ontario Police College (OPC) to conduct a review of the Sault Ste. Marie Police Service training standards for use of force.

An OPC expert will visit the Sault Police Service May 10 to conduct a review.

It is not known when the OPC official will report back on his findings. 

“We should have an internal review done for the next board meeting (scheduled for Apr. 24), that’s my expectation, and then come May board meeting we should have at least a preliminary report back from the Ontario Police College as to their findings, and then as far as the OIPRD, it’s really anybody’s guess as to how long they’ll take. My guess is it’ll be quite a while. It could be several months. That’s our experience with how long it takes for them,” Sparling told the board.       

Mitchell suffered several injuries stemming from a blow to the abdomen by a Sault Police officer when he was arrested March 26, 2016, charged with resisting arrest and failing to comply with a recognizance condition that he not consume alcohol.

In Nov. 2016, the province's Special Investigations Unit (SIU) determined there were no reasonable grounds to lay criminal charges against Constable Matthew Keating in connection with Mitchell's injuries.

However, on Feb. 20, 2018, it was ruled by Ontario Court Justice John Condon the actions of Sault Police officers violated Mitchell's rights under two sections of the Canadian Charter of Rights and Freedoms, his right to security of person and right to retain and instruct counsel violated.

In Mitchell’s trial it was revealed Keating moved Mitchell, after his arrest, abruptly down a corridor at the Sault Police building to the cell area, where he was pushed from behind once he was in the cell.

It was determined excessive force was used by police and the charges against Mitchell were dropped.