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Protocol change more than first suggested
Directing more drunk people to shelters caused issues, e-mails reveal

Shane Magee
Northern News Services
Friday, March 4, 2016

SOMBA K'E/YELLOWKNIFE
RCMP e-mails indicate the local force changed the way it responds to drunk people in part to reduce potential liability from holding them - a move that increased use of emergency shelters and caused shelter operators to raise safety concerns.

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In an e-mail, Insp. Matt Peggs wrote that reducing intoxicated prisoners held was linked to liability - NNSL file photo

The e-mails, obtained through federal access-to-information legislation, state police would not respond to calls unless there was a public safety threat.

If they respond but the intoxicated person isn't committing a crime, the person would be taken to emergency shelters or left in the care of friends and family instead of being held in police custody.

Yellowknife detachment commander Insp. Matt Peggs wrote the move was an effort to reduce the potential liability of holding intoxicated people. Another officer, Sgt. Kent Drover, notes prisoners are one of the leading causes of "grief" from public inquiries and internal investigations.

The explanation in the e-mails are different than what was said publicly earlier this year. Peggs previously told Yellowknifer the policy change was done in part to shift police resources toward other issues, such as drunk driving and drug investigations.

"For some of the individuals that we deal with, a shelter is a more appropriate place to stay," Peggs said at the time.

Drover told Yellowknifer on Wednesday both answers apply. He said if they deal with fewer prisoners, they have time to focus on criminal investigations.

"Because of sheer volume of prisoners that we have from year to year and the sheer number of exhibits that we handle as well, it is a liability because the more people we deal with, the greater the odds of something going wrong," he said. "Once we have somebody in our cell blocks, they're our responsibility and in our care."

Last year, the number of prisoners held in RCMP cells was climbing. As summer came to a close, Peggs took over as detachment commander and an effort began to reduce the number of homeless or intoxicated people lodged in cells, commonly referred to as the drunk tank.

On Oct. 2, Drover sought clarification from Peggs, writing "the members are asking what our new procedures are regarding

this so that everyone is on the

same page."

Peggs wrote officers won't respond unless there's a public safety concern, although that changes based on weather conditions.

Two days later, Drover wrote to several officers. The issue "has come up because as you are all aware lodging of prisoners is one of our high risk areas," Drover wrote. "In fact between prisoners and exhibits these two duties are the areas responsible for most of our grief when it comes to public inquiries and internal investigations. To try and mitigate our liability in regards to prisoners and to try and alleviate some of the burden on the members myself and Insp. Peggs have had several discussions on when we lodge intoxicated persons and when we won't."

Asked about internal investigations, Drover said there is an ongoing one related to an incident in cells early in 2015, although he couldn't provide any further details.

Officers, Peggs wrote Oct. 15, must consider if there is a more pressing priority than a call about an intoxicated person, what grounds the officer would have to act on, if there is a public safety concern, whether there are other options available than an RCMP holding cell, if weather conditions are a factor, and whether it is a medical emergency.

"I want to ensure you are able to get to the important and priority work," Peggs wrote.

"A substantial amount of risk and liability is taken on by both the organization and the member with all of the prisoners that we lodge in cells. If there are ways to minimize this risk and liability, I would like these to be considered. I do not expect that we will no longer lodge (any) Drunk in Public prisoners and I accept that this is often the only option," he wrote.

The e-mails include exchanges with the Salvation Army's NWT Resource Centre executive director Dusty Sauder. The shelter had loosened rules about taking in intoxicated people prior to the police change. It saw an increase in use partly as a result of the RCMP changes.

"The Salvation Army has been of great assistance to us in the past few months as is evidenced by the decline in our prisoner numbers," Peggs wrote in a Dec. 15 e-mail to officers, pointing to a 25 per cent decline in October and 36 per cent decline in November prisoner counts.

However, the changes began causing safety concerns for shelter clients and staff, e-mails released show. The shelter was going over its occupancy allowed under the fire code and was seeing shortages of food when feeding more than 60 people.

"We do not have the resources to maintain this level of occupancy," Sauder wrote to police Nov. 20.

"What has occurred because of these changes is the creation of an environment that no longer serves the community in a supportive way," he then wrote Dec. 15.

The problems involved intoxicated clients who were verbally abusive but whose actions didn't rise to criminal behaviour.

"As long as they're not being violent, we're going to house them and do the best we can," Sauder said in an interview Monday, adding he worked with police to address concerns and the issues have been reduced as a result of working with police.

Sauder's early concerns echoed issues raised this year by NWT Disabilities Council executive director Denise McKee. The council runs the Safe Harbour Day Centre downtown which has faced more safety issues.

She said the change in procedure by police has lead to a catch-22 where staff feel they need to ask someone to leave, but police aren't responding and they don't want to force someone into the cold.

Sauder prefers the shelter house people than have them taken into custody.

"For me, seeing the conditions of which those men were housed, the compassionate and ethical thing to do is to house them here," he said.

He said the heart of the issue is that the current system for addressing homelessness just isn't working. "The real issue is that there's just not enough money to address the issue," Sauder said.

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