Kent Driscoll
Northern News Services

Iqaluit (Sep 26/05) - A hearing impaired Iqaluit man has filed a complaint against RCMP after he says he was pepper sprayed during a May arrest, then released 11 hours later without charge.

Laban Awa filed a complaint on July 4, which is being reviewed by the Commission for Public Complaints Against the RCMP.

Nunavut News/North has obtained a copy of the complaint. Both Awa's lawyer and the RCMP have declined to comment while the complaint is under investigation.

The commission replied to Awa's complaint on July 21. A spokesperson said an RCMP investigator has been assigned to the case.

The next step is for the investigator to contact Awa. According to the complaints commission, that should take place before the end of the month. No details of the complaint have been verified.

Awa's complaint accuses Const. Flynn, Const. Borkhataria and another unknown member of the Iqaluit RCMP of improper use of force, not letting him contact a lawyer, neglect of duty, assault and improper arrest.

According to the complaint, Awa's common-law wife, Tanya Enook called RCMP on May 7, saying she believed Awa "may have been depressed and possibly suicidal."

According to the complaint, she informed the RCMP that Awa couldn't hear what they were saying before they entered the residence.

Awa said in the complaint that he had his one-year-old son in an amauti when he was pushed face-first against a wall, then hand-cuffed and pepper-sprayed in front of his wife, three children and a large group of onlookers in the White Row development.

The complaint runs four pages, and details his arrest and detention. In it, Awa said the RCMP believed he had partial hearing, quoting an officer as responding to Enook by saying, "Oh, he can hear us."

Awa's lawyer, Malcolm Kempt, ended the complaint by describing his dealings with the Iqaluit RCMP after Awa's release.

Kempt said he requested to see video surveillance from Baffin Correctional Centre (BCC), to account for time Awa was held. The request was denied because "the video equipment had been broken since February or March."

Awa also said in the complaint that he was held for 11 hours at BCC without being allowed to contact a lawyer, and he was never charged with a crime. He was arrested under the Mental Health Act.

On Sept. 15, 2005, Awa was charged with sexual assault dating back to Dec. 7, 2004, and was sentenced to an 18-month conditional sentence.

Awa said he believes there is a connection between the complaint and the recent conviction.

"It was for lousy pushing. Instead of getting help, I got sent to BCC. They knew who I was and they charged me," said Awa.