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No charges laid in elder abuse investigation

Lauren McKeon
Northern News Services
Published Wednesday, September 9, 2009

SOMBA K'E/YELLOWKNIFE - No RCMP officer will face charges following an allegation of police abuse made by a Dettah elder, public prosecutors have determined.

NNSL photo/graphic

Alfred Baillargeon shows his injuries, including a bruised right arm, after waking up in the RCMP drunk tank Jan. 22. - NNSL file photo

"We're quite happy in this case. The investigation was done thoroughly and received the proper oversight. The public can rest assured ... this has been looked at to the extent that it needs to be," said RCMP Sgt. Brad Kaeding, who works in the criminal operations office in Yellowknife.

The recommendation not to lay charges was made by the Whitehorse public prosecution office after reviewing an RCMP internal investigation stemming from events on Jan. 22.

That night, Alfred Baillargeon, then 74, had been drinking in downtown Yellowknife when he was picked up by police for public intoxication.

Later that evening, Baillargeon woke up in the drunk tank wearing only a T-shirt, shorts and socks. By morning, his arm was so swollen he couldn't tie his shoes. A few days later, after a trip to the hospital, Baillargeon and his daughter, Beatrice Sangris, filed a complaint.

RCMP Sgt. Cliff McKay was appointed in March to lead the investigation into the claims. His results were forwarded to the Yellowknife prosecution office - RCMP have been mum on exactly when - for legal advice on whether charges should be laid.

The file was in turn passed on to the territory's sister office in Whitehorse in efforts to ensure a bias-free review, according to a Yellowknife prosecutor last July.

It landed back in the lap of the RCMP G division "about a month ago," said K.C. Komosky, Crown counsel in Whitehorse.

When considering whether to lay charges against the RCMP for excessive force, the public prosecution office reportedly considered two things: whether the force was justified by the circumstances and whether it's within public interest to proceed with charges.

"In this case the conclusion drawn by the public prosecution office in Whitehorse was that the actions taken by the officers involved was not inappropriate, meaning that their actions were justified, both by RCMP policy and the Criminal Code," said Kaeding.

"Not withstanding that answer, they did go on to answer the second question, (and determined) that it was not in the public interest to proceed as well," he added.

But the matter is not quite over, yet. Kaeding said the RCMP still plans to bring together McKay, and the two officers involved in the incident to speak to Baillargeon and his family.

"It's always good to sit down and talk face to face, probably a lot of complaints we get are based on a lack of communication," he said.

He added he hopes the meeting will provide Baillargeon and his family, "that information that they're looking for: the explanation as to what happened, why it happened, whether or not things could be done differently - notwithstanding the Crown prosecutor's opinion in the matter."

When asked why investigation results weren't announced last month when RCMP promised in March to make the results public, Kaeding told Yellowknifer: "We kind of leave it up to you to follow up on your stories, rather than provide an answer to a question you haven't asked."

"By you asking the question and me answering the question, we are making it public ... We did not do so proactively," he added.

Beatrice Sangris, who has interpreted for her father, who speaks mainly Dogrib, did not return calls for comment before press time.

Francois Paulette, the independent observer appointed by the Dene Nation, also did not return calls for comment.

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