Officer did not act with excessive force during Dartmouth arrest: SIRT

The Serious Incident Response Team (SIRT) has found no reasonable grounds to believe an officer acted with excessive force during an arrest in Dartmouth, N.S.

The incident in question happened on the night of Aug. 29, 2024 at an apartment complex. SIRT said police were called for a disturbance between a male and female who were both intoxicated.

According to SIRT, the two were told to leave the property but refused and were then arrested for public intoxication.

While officers were trying to arrest the female, she hit, kicked and spat at them. She had claimed she was punched in the face repeatedly and had her head slammed on the ground. Her statement to SIRT also said an officer put a knee on her neck causing her to lose vision.

She was later diagnosed with a retinal tear and vitreous hemorrhage in the right eye and was admitted to the ophthalmology clinic.

According to the officer’s notes, he delivered one strike to the female’s face, as he believed she was going to seriously injure another officer. He was then able to handcuff her.

Prior to the arrest, the officers had called for backup. One of the witness officers said he attempted to assist by placing his knee on her right shoulder, but it went to her neck area. He said he adjusted his knee when he was told it was on her neck.

Witness reports said after the arrest, the female continued to resist while being taken to the police car.

Video footage from the scene obtained by SIRT contradicted what the female and male had said happened. Their statements also differed from those from civilian and police witnesses.

SIRT said the video showed the two resisting arrests as well as the officer in question delivering one punch to the female.

While SIRT’s director acknowledged the interactions with police resulted in serious injury to the female’s right eye, Erin Nauss said the officer was lawful in his duties.

“Section 25 of the Criminal Code permits a peace officer, acting on reasonable grounds, to use as much force as is necessary to enforce or administer the law, provided that the force used is not excessive based on all the circumstances,” read the report.

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