The RCMP have agreed to additional training and mentoring for four members of the Ridge Meadows detachment after an independent government agency found the police officers acted 㽶Ƶֱunreasonably㽶Ƶֱ during a response to a 2019 mental health call during which a Maple Ridge man was shot and killed.
Cpl. Shayne Shea, Const. Dan Losiak, Const. Ben Ouellette, and Const. Matt Wagner will be given future mentoring or training in on-scene communication between officers and for police response to mental health emergencies. This comes after the Civilian Review and Complaints Commission for the RCMP released their final report into the RCMP㽶Ƶֱs handling of complaints made by Yin Yin Din about the death of her brother Kyaw Naing Maung, also known as Kyaw Din.
Chaired by Michelaine Lahaie, the commission, an independent federal agency tasked with reviewing complaints made by the public against the RCMP, stated they are 㽶Ƶֱnot satisfied㽶Ƶֱ with the RCMP㽶Ƶֱs report into Maung㽶Ƶֱs death.
The commission said the police agency itself 㽶Ƶֱacted unreasonably when it issued a notice of direction to Din on Sept. 8, 2020, ending an RCMP investigation into her complaint about the use of force by their members, the level of communication, and Din㽶Ƶֱs accusations that officers on scene fabricated evidence. In the notice Chief Supt. Maureen Levy, assistant district commander and operations officer for the RCMP Lower Mainland District, cited the ongoing Independent Investigations Office review of the police shooting as the reason.
㽶ƵֱThis was a puzzling decision made under puzzling circumstances,㽶Ƶֱ read the commission㽶Ƶֱs report.
Maung was 54 when he was shot by police in the family home he shared with his siblings on Colemore Street in 2019. He had been diagnosed with schizophrenia, and was frequently taken by police to hospital. This time, however, he wouldn㽶Ƶֱt go, and his sister, Din, called police for help, ultimately leading to the fatal confrontation.
The commission㽶Ƶֱs report said the four officers failed to communicate appropriately with each other and 㽶Ƶֱmaintain situational awareness.㽶Ƶֱ It also said they failed to try and de-escalate the situation before they entered Maung㽶Ƶֱs bedroom, using 㽶Ƶֱsurprise and force to subdue him.㽶Ƶֱ
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㽶ƵֱWhile the specific circumstances where Ms. Din㽶Ƶֱs brother tried to attack an RCMP member with a knife meant that it was not unreasonable to use lethal force, the RCMP members㽶Ƶֱ unreasonable conduct meant that the decision to burst into the bedroom in the first place was also unreasonable,㽶Ƶֱ the report stated.
Din accused police of failing to communicate properly with her brother, who did not speak English, of using unreasonable force, and of fabricating evidence to make it appear that her brother was violent. She also complained to the commission that she heard an officer laughing inappropriately after the shooting.
After reviewing the police file into the original incident, the final report from the Independent Investigations Office of BC, the complaint made by Din, the RCMP㽶Ƶֱs investigation into her complaint, Din㽶Ƶֱs review requests and submissions, and relevant law and policies, the commission made a number of conclusions and recommendations, including the training for the officers who were involved in the shooting.
In addition, RCMP Commissioner Brenda Lucki, who recently announced her retirement, said the agency will continue to expand programs that pair RCMP members with trained mental health professionals or 㽶Ƶֱotherwise shift to a healthcare-oriented response to mental health crises.㽶Ƶֱ
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However the RCMP did not agree with other findings by made by the commission, including the recommendation that the police agency amend a policy so RCMP members avoid shouting commands at individuals who are experiencing a mental health crisis. The report stated that while the RCMP Commissioner did agree that shouting should be avoided when possible, that there were exceptions when it is necessary like at a loud music festival or busy highway. She also indicated that shouting could be a useful tool to get a person to follow police directions instead of members using physical force.
The commission replied that the recommendation was made in general terms in order to leave room for RCMP policy centres, the RCMP Commissioner and her advisors to develop concrete policy, 㽶Ƶֱthat reflected the intention of the recommendation while accounting for operational realities and the use of discretion.㽶Ƶֱ
㽶ƵֱIt should go without saying that the Commission㽶Ƶֱs recommendation was not meant to prevent RCMP members from using a loud voice in a noisy environment, nor from ever shouting commands as a resort to using physical force,㽶Ƶֱ the commission stated in the report.
As for Din㽶Ƶֱs other accusations, the commission found the four officers did not fabricate evidence at the scene. Neither was there any basis to conclude that another officer, Const. David Jung, laughed disrespectfully.
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