SOMBA K'E/YELLOWKNIFE - An internal investigation into an allegation of abusive action by the RCMP is still under review by public prosecutors.

Alfred Baillargeon shows his injuries, including a bruised right arm, after waking up in the RCMP drunk tank Jan. 22 in just his T-shirt, socks and shorts. An RCMP investigation into a claim of abuse last January is with the public prosecutors office, who will review the report and recommend whether charges should be filed against RCMP officers. - NNSL file photo

The investigation stems from an alleged incident on Jan. 22, when Alfred Baillargeon was picked up by the RCMP in downtown Yellowknife for public intoxication.

Baillargeon, who was 74 at the time, woke up in the drunk tank later that evening wearing only a T-shirt, shorts and socks. The next morning, his arm was so swollen he could not tie his shoes.

Sgt. Cliff McKay - posted in Behchoko - was tasked to lead the investigation, with Francois Paulette named an independent observer of the investigation by the Dene Nation.

McKay could not be reached for comment Wednesday, as he in the process of being transferred to Inuvik from Behchoko and wasn't due to arrive in the Beaufort Delta until today.

Paulette said he filed his report and recommendations to the RCMP and the Dene Nation back in April, but did not want to comment on his findings.

Sgt. Wayne Norris said the investigation was forwarded to the public prosecution office in Yellowknife.

"Until we hear further, there is nothing we can say," said Norris.

The prosecutor's office will make recommendations to the RCMP on whether any charges should be filed against officers resulting from the investigation.

"We work with their office to make that determination," said Norris.

He would not say exactly when the investigation was turned over to the office.

"I would suggest it was a little while ago," he said.

Sandra Aitken, the territory's acting chief federal prosecutor with the Public Prosecution Service of Canada, said the file had been passed on to the public prosecutor's office in Whitehorse, Yukon.

"Whenever it's anything involving people in our own jurisdiction, it is a conflict for our office," she said.

A conflict could be perceived of the prosecutors' office since it often works with Yellowknife RCMP members, she said.

Aitken said the Yukon office would provide an opinion to the police, but could not publicly disclose its opinion as "they have solicitor-client privilege attached to that."

Richard Meredith, head of Yukon's public prosecution office, could not be reached by deadline.

Norris said Baillargeon and his family have been kept aware of developments.

"That's a normal procedure for us in dealing with victims, is keeping them apprised of the investigation," he said.

Beatrice Sangris, Baillargeon's daughter, said she hadn't heard anything concerning the report yet.

Sangris said she keeps Baillargeon - a newly-elected band councillor in Dettah who speaks mainly Dogrib - up to date with the proceedings.

The investigation was announced Jan. 29 by Sgt. Larry O'Brien in Yellowknife.

Const. Stephanie Ward told Yellowknifer in March the results from the investigation would be made public.

Baillargeon's family was told by RCMP a second investigation - this time by the Independent Commission for Complaints Against the RCMP - could be conducted if they were not satisfied with the investigation's findings.