York Regional Police to take over criminal investigation into cops accused of assaulting lawyer in Oshawa

A York Regional Police patch is shown in Aurora, Ont. on Dec. 19, 2022. THE CANADIAN PRESS/Arlyn McAdorey

York Regional Police have been asked to conduct a criminal investigation after a lawyer alleged Durham police officers slammed her head into a desk and hauled her to the basement cells at a courthouse in Oshawa, Ont., last week.

Durham Regional Police Service made the announcement in a statement on Friday, saying that defence lawyer Sudine Riley’s allegations extend beyond claims of misconduct and include allegations that are criminal in nature.

“In light of the new information, DRPS has now formally referred the matter to the York Regional Police Service for a criminal investigation,” the police force said in their statement.

“In addition, given the Inspector General of Ontario’s oversight role with respect to police boards and chiefs, we have been in contact with the inspector general and have kept them informed of the steps taken to date.”

Durham police had previously said they were investigating the incident that took place at the Superior Court of Justice in Oshawa shortly after 5 p.m. on Jan. 23.

In a statement issued by her counsel, Riley says uniformed officers “challenged her presence” in an interview room where she was catching up on legal work after finishing a trial.

Lawyer Neha Chugh says her client, a petite Black woman who wears a headscarf, was spoken to with “rage, disrespect and contempt” by officers who slammed her head on the desk and put their knees in her back and neck, leaving her bleeding and swollen.

She says Riley was dragged out of the room, handcuffed and taken to the cells, during which her head scarf was ripped off and her skirt raised.

“She committed no offence other than being a Black woman practicing law, being diligent about her commitment to the pursuit of justice,” Chugh said in the statement issued earlier this week.

“She was handled violently and aggressively by members of police services. She is taking time to rest and heal while she considers her next legal steps.”

Durham police have said they charged Riley with trespassing. They said they are taking her allegations “extremely seriously” as their own investigation into the incident continues.

Ontario’s police watchdog, the SIU, has said it’s not currently investigating allegations that police officers assaulted the lawyer although they have been notified of the incident. It said its jurisdiction is limited to incidents involving officers that result in serious injuries, death, allegations of sexual assault or an officer discharging their firearm at a person.

Legal organizations, including the Criminal Lawyers’ Association, have called for an independent investigation into what happened, saying lawyers must be able to work safely in Ontario’s courthouses.

-- With files from The Canadian Press