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Grand Chief disheartened after Manitoba RCMP officer is acquitted of assaulting First Nations man

Jan. 21, 2023
Grand Chief disheartened after Manitoba RCMP officer is acquitted of assaulting First Nations man

The leader of the Assembly of Manitoba Chiefs says she is disappointed in Thursday's decision to acquit an RCMP officer of assaulting a First Nations man.

Const. Jeremiah Dumont-Fontaine was charged with assault causing bodily harm following an incident with 50-year-old Brian Halcrow in the summer of 2019.

Halcrow, a member of Tataskweyak Cree Nation, was punched twice by the RCMP officer after Halcrow threw a baseball hat at him outside of a bar in Thompson, Man.

Following a five-day trial by judge, Dumont-Fontaine was found not guilty.

"It's very disheartening, " said Grand Chief Cathy Merrick on Friday. 

"It says to me that… it's OK to use excessive force for our people. And that's not right."

Court of Kings Bench Justice David Kroft said the Crown had not proven beyond a reasonable doubt the force used against Halcrow was not justified.

"My ruling should not be interpreted as approval of the force exercised by Cst. Dumont-Fontaine," Kroft said in his decision delivered Thursday in Thompson.

"When I consider the overall circumstances, the nature of the force used, and the characteristics of Const. Dumont-Fontaine, reasonable doubt remains as to whether [his] response was objectively unreasonable."

Crown attorney Christian Vanderhooft said they are "carefully" reviewing the decision and deciding whether they will file an appeal.

"We felt the use of force by punching an unarmed intoxicated male being escorted from an empty bar after a hat was thrown at him was excessive," said Vanderhooft in a statement Friday following the decision.

"The judge came to a different conclusion which he was entitled to do."

Vanderhooft said they have 30 days to file an appeal.

Dumont-Fontaine testified in court the punches were justified and were "reflexive" based on what happened as they exited the bar.

Two use-of-force experts from the RCMP testified at the trial and agreed it was an appropriate use of force. 

The Crown argued that because the bar was empty, and because Halcrow agreed to leave the bar and it was only a hat being thrown, "there existed a number of alternative, less physical ways to manage the situation," the judge said, summarizing the Crown's argument.

CBC News first reported on the case against Dumont-Fontaine in 2021, after court filings shed on light the investigation, including that Halcrow was punched twice for throwing a hat. 

The same night Halcrow was punched, he was charged with three counts of assaulting a police officer and causing a disturbance while intoxicated.

Halcrow's loved ones said the charges hung over him in the months following the incident.

Family and friends say Halcrow, who already had a history of depression, became quiet and withdrawn. 

He killed himself on Jan. 5, 2020, the same week Dumont-Fontaine was charged with assault causing bodily harm.

"For a young man to end his life because of things that happened to him within this period of time … it's not right," said Merrick.

Merrick said she wants to see First Nations people conducting their own investigations when these incidents occur.

"We should be a part of that because our people need to be able to trust us," she said. 

CBC requested an interview with Dumont-Fontaine through his lawyer, but did not hear back at the time of publication. 

Mounties confirmed Dumont-Fontine is on active duty. 

If you are thinking of suicide or know someone who is, help is available nationwide by calling the Canada Suicide Prevention Service toll-free at 1-833-456-4566, 24 hours a day, or texting 45645. (The text service is available from 4 p.m. to midnight Eastern time).

If you feel your mental health or the mental health of a loved one is at risk of an immediate crisis, call 911.


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