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REPORTING · 8th February 2011
Merv Ritchie
In an amended statement of claim filed last week at the Smithers Court Registry by Shane Parker the names of 9 Terrace RCMP officers are added and he alleges he was tortured. Parker has been involved in two separate incidents with the RCMP, each of which has resulted in Supreme Court actions being filed by both Parker and the RCMP.

On November 10, 2010, Parker filed a Civil Court action against the Terrace RCMP though he was unaware of the names of the officers involved. (See Articles Here and Here.) Since then the RCMP have initiated charges against Parker and have revealed the names of the officers involved in the altercations.

The amended statement of claim describes how the incident on June 19, 2010 began and who was involved.

Parker claims he witnessed Constable Chad King “aggressively manhandling an unknown female” outside the Spirit Night Club in Terrace. When Parker attempted to "ascertain her safety" King punched Parker twice in the face, threw him to the ground and kneeled on his chest striking him twice more in the chest.

Constable Trevor Mack also hit Parker several times at this location and, according to the statement, Constable Kendra Felkar is claimed to have punched Parker in the groin five times while he was being restrained by the other officers on the ground outside the night club.

Constable Robert Hull was also present and the statement claims he aggravated the situation by allowing these officers to continue the assault on Parker without intervening when it was obvious he posed no threat.

The assaults continued after Parker was handcuffed and taken away.

While the Police car was parked in the secured garage at the RCMP station Constable King deployed pepper spray into the back seat area onto Parker and then closed the door leaving him for between 10 and 15 minutes according to the statement.

Then Corporal Travis De Coene punched Parker three times while he was being pulled out of the car by the handcuffs, head and neck. After taking Parker down to the ground he was punched in the head and face a further 3 times by De Coene. At this point the statement claims Parker was now in a semi conscious state laying on the floor of the RCMP vehicle bay. As he was being lifted to his feet by other officers De Coene struck Parker two more times. Even though Parker was still in handcuffs Constable Mack also took at least one more punch at him. The claim continued to list more officers involved. Constable Stu Egars was also present and participated and all are named as participating in putting a spit mask over his head, without treating the pepper spray application, and then;

“violently throwing the Plaintiff into a restraint chair, further assaulting and battering him, and thereafter leaving the Plaintiff so secured with a spit mask for two hours when they knew or aught to have known, that the plaintiff required immediate medical assistance as a result of the assault and battery of his person and deployment of Oleoresin Capsicum Spray.”

The Statement of Claim continues to describe the incident that occurred on August 7, 2010 at the same location. Parker again questioned an officer, Constable Issac Couture, who he claims was aggressively detaining a male. Parker’s statement includes; Couture, Constable Robert Hull, Constable De Coene, Constable Richard McRae and Constable Brian Heiderman as all participating in the August 7 assault on Parker. Heiderman, the claim alleges, threatened Parker to repeat the June 19 assaults.

All nine officers are said to have “committed acts of malicious or wilful misconduct” due to the mistreatment and lack of medical treatment after the injuries. It alleges wrongful arrest and detention and numerous violations of the Canadian Charter of Rights and Freedoms and the Criminal Code by their actions of wrongful arrest and detention and further by recommending charges to the crown when they “… acted without reasonable and probable cause and lacked an honest belief in the guilt of the Plaintiff […].”

Claiming malice and torture Parkers claim against the 9 Terrace RCMP officers alleges discrimination, a cover up, intimidation and coercion, gross negligence, dereliction of duty and that the officers’ conduct was “committed with the express purpose of harming the Plaintiff”, and they acted with “reckless indifference to the illegalities of their actions.”

The claim of torture is detailed as being subjected to pepper spray in a closed vehicle and leaving Parker continuously exposed to the Oleoresin Capsicum Spray without providing the treatment necessary to alleviate the condition.

Numerous attempts to view the files in the Terrace Court registry regarding the RCMP charges against Parker were denied due to the RCMP applying for what is referred to as a 'Private information' exclusion. We were able to determine Parker is being charged with 2 criminal counts; assaulting an officer engaged in the execution of duty and Wilfully resisting or obstructing a peace officer.
Picture of incident outside the Spirit Night Club taken by a female witness and provided to the Terrace Daily through a male friend who wished to remain anonymous
Picture of incident outside the Spirit Night Club taken by a female witness and provided to the Terrace Daily through a male friend who wished to remain anonymous
Picture of incident outside the Spirit Night Club taken by a female witness and provided to the Terrace Daily through a male friend who wished to remain anonymous
Picture of incident outside the Spirit Night Club taken by a female witness and provided to the Terrace Daily through a male friend who wished to remain anonymous
A typical spit mask which might be similar to the one placed on Parker after the assaults and the pepper spray application
A typical spit mask which might be similar to the one placed on Parker after the assaults and the pepper spray application
Response to Christie
Comment by Blueline on 15th February 2011
To clear up some of your ignorance about laying charges, in British Columbia the Crown Prosecutors office lays all charges after receiving an investigative report from the police. The crown only lays charges if they feel there is a reasonable likelyhood of conviction which is a higher standard than the police standard of arrest which is reasonable and probable grounds. This goes for both civilians and police who are suspected of criminal actions.
criminal charges
Comment by Christie Brown on 13th February 2011
A lot of the cops involved Shane's first incident should probably be tried in criminal court for assault and worse. But who would have to lay those charges? Their colleagues?

I need to research how these politics work in countries where police are not exempt from the law.
Important Note
Comment by Blueline on 12th February 2011
Please remember that the standard in civil court matters is substantially lower than criminal court. Mr. Parkers lawyer only has to show that the events could possibly have happened based on a balance of probabilities, as opposed to the officers involved being tried in criminal court and the crown having to prove Mr. Parkers allegations beyond a reasonable doubt. Even if the judge in this matter rules in favor of Mr. Parker it does not mean that wrongdoing by the officers involved has been proven, just that it may have happened. Food for thought.
procedure
Comment by Christie Brown on 11th February 2011
RCMP in Houston need to follow procedure when using guns; RCMP in Vancouver need to follow procedure when using Tasers; RCMP in Kelowna need to follow procedure when using their legs; and RCMP in Terrace need to follow procedure when using pepper spray and fists.

And I'm talking about procedures of the RCMP and the weapons manufacturers, not procedure of the Guantanamo Bay detention camp.
things went sideways
Comment by bill braam on 10th February 2011
What ever is the outcome of this whole event or events one thing is for certain, everything went sideways. If Mr. Parker had followed procedure and left the police officers to do their work and keep the situation to a minimum we wouldn't have this whole mess now. Never, never interfere with a police officer when they are doing their duty. Perhaps we need to introduce this nugget of wisdom in the school system, most people I would think see it as common sense. Perhaps if there is video of this whole event the whole entirety can the seen as a study on how to conduct oneself while in custody. As for the claim that he was singled out for being gay, it's no big deal anymore in todays society. Making a nuisense out of oneself is a big deal especially when your nuisense is directed at authority. Thank You.
constructive discussion?
Comment by Christie Brown on 10th February 2011
Alex,
I'd like to hear what you hope to accomplish through arrogant sarcasm. I have no idea why you'd be so determined to share your perspective with the world without attempting to understand the events from others' perspectives. What is your goal? To intimidate and start a power struggle with anyone upset by police brutality? You are an adult, right?

Shane told me that he and his lawyer watched that footage last week.

Christie
Alex
Comment by Stacey Tyers on 10th February 2011
You are no better. With your automatic disregard of the complaint.

This is before the courts, period. A judge will decide based on EVIDENCE. Not assumptions, not bits and pieces, but the whole load of evidence.

Please do not put yourself above somebody else, just because you believe two different things.
Let me know when this goes to court
Comment by c. sandecki on 10th February 2011
When this case goes to trial, I hope the Terrace Daily will let us know the date and time at least a week in advance, with a banner headline.
structural change
Comment by Christie Brown on 9th February 2011
I really hope that everyone testifying under oath do so honesty in the cases involving charges against Shane and “investigations” into the RCMP’s conduct. Apparently the camera footage from the RCMP building that night is appalling, and I hope justice is truly served.

I also hope that as this story adds to the growing list of police's use to excessive force, it somehow helps spark Canada to make effective systemic changes. The RCMP as individuals and as an organization need to be accountable to a force outside itself – an organization with the power to determine appropriate consequences to unprofessional and sometimes criminal behaviour.

I get the impression that officers proven to have acted badly are commonly transferred, as the organization gives them what amounts to slaps on the hand. Journalists on CBC radio report on examples of this in detail, ALL THE TIME. The rare officer should be convicted and even jailed, but this never seems to happen – even here where it appears RCMP have committed “numerous violations of the Canadian Charter of Rights and Freedoms and the Criminal Code”, or even in recent scandals in BC where police brutality lead to even more serious injury or death.

There must be many good cops who have signed up for and been entrusted with the high-risk job of responding to citizens intelligently, responsibly, and non-violently, and do so. They are trained extensively and paid accordingly. I hate to think that strong, good-intentioned police have to cooperate on a daily basis with arrogant, abusive, and dishonest officers who chose to escalate instead of deescalate critical situations.

I’m sure numerous changes within the organization could help it to become a more trusted and respected organization, able to spend less time defending its employees and repeatedly trying to disprove deeply upsetting allegations of abuse of power.
pepper spray in back seat?
Comment by bill braam on 9th February 2011
Ok, why do this to ones own cruiser? quote "While the Police car was parked in the secured garage at the RCMP station Constable King deployed pepper spray into the back seat area onto Parker and then closed the door leaving him for between 10 and 15 minutes according to the statement." Doing this to a police cruiser would make it unuseable for quite some time, I can't see this allegation as plausable, thank you.

I love reading the comments
Comment by Danny Nunes on 8th February 2011
The comments are great sometimes...they just show who is truly reading and understanding what they are reading and then you have those who just comment because there own fears, hatred, and biases need to be on display.

My personal favorite was the one asking where the facts of this story came from when it was clearly stated that all the information was taken from the public record documents provided by the Smithers court.

I also laughed at the comment insulting the Daily as a news source for the community and yet the person is here on the site looking at the content....if its so awful why are you even here LOL

What the comment goodman posted should really say is I dissaprove of this young man and his lifestyle
and fully approve of what was allegedly done to him and how dare anyone say otherwise but I cant come out....no pun intended...and say that so I will just attack the reporter instead.
Really?
Comment by M. Goodman on 8th February 2011
So you really think it is ok for you to print all of this information without knowing any facts? Where do you "Terrace Daily" get your facts from? And do you do any research on the info you print? Or do you just hear a "good story" and go with it? This is disgusting, and I can not believe that you actually think that this website provides the community with "News". Your "top story" is garbage!

We have been researching this story since last summer after the first incident occured.

The details described in the report are all taken straight from the public record document filed at the Smithers Court Registry on Feb 2, 2011. All stated as alleged because it is what Parker alleges. We do not blame you for being upset, it is all upsetting. But it is entirely factually accurate.

We would have included the RCMP's side of the story had the material been made available, which was denied.

Only after the Court case concludes can one claim to know what the court determined to be the truth. At this point it is his allegation. Next time please use your full name when you make a comment on this website. Thank you.
This for real?
Comment by Rudi Peters on 8th February 2011
I am by no means a fan of the institution know as the RCMP, but was Parker sober or otherwise under the influence of some chemistry when he filed this story. I know some of these officers and if they would have struck him as often as he claims, he would not be alive.

The problem with trying to weed out bad cops is that you have a nut case like this, conclusion arrived at after reading his claims, to deal with. Those photos could be a picture of some officers picking up something. You cannot make anything out in these photos, they are absolutely useless.

I see the probability of his claims being truthful on the same level as the claim that all cops are honest, a small chance of probability but extremely unlikely.