WARNING: This story contains details of intimate partner violence and animal abuse.
A B.C. man who was bitten by a police service dog four-and-a-half years ago has been awarded $60,000.
In a decision last week, B.C. Supreme Court Justice Michael Thomas said an RCMP officer and dog handler’s “intentions were good,” but he made an error when he released the dog too quickly.
Police were called to the man’s house for a domestic dispute. He was charged with assault causing bodily harm, mischief and threatening to harm an animal — his partner’s cat, according to the B.C. Prosecution Service (BCPS).
But “after receiving new information,” Crown counsel concluded that the charge approval standard was no longer met and entered a stay of proceedings.
The man sued the B.C. minister of public safety and solicitor general, and the attorney general of Canada, alleging assault and battery after he received three lacerations to his right forearm at depths of three, two and five centimetres, respectively, in March of 2020, according to the court decision.
The judge said there was “no imminent threat of violence” from the man when the dog was released on him but said he was struck by the officer’s “integrity” and “pride” in serving his community.
“His job is difficult and requires split-second decisions. However, in these circumstances, he erred by rushing to try to facilitate a quick arrest when other reasonable options were available,” Thomas said.
“By releasing the [dog] when the situation called for further communication and attempts to de-escalate the situation, he erred and acted unreasonably.”
Fishing knife, partner dragged out of bed
According to the decision, two RCMP officers were dispatched to the man’s home and were advised of a domestic dispute between him and his partner.
The man had grabbed his partner’s wrists and dragged her out of her bed by her ankles and made threats against her, according to the ruling.
He had a fishing knife, which he used to key her car. He had also rammed his partner’s brother’s truck with his own truck.
He came back into the home and was screaming at his partner while smashing and throwing things at her, according to the decision.
He had also threatened to smash his partner’s cat with a sledgehammer. The ruling doesn’t say where in B.C. the incident occurred.
The man denied assaulting his partner and damaging the vehicles, according to the ruling, though the judge rejected his evidence, calling his testimony “self-serving and unreliable.”
The man took civil action after charges were stayed against him. The standard of proof is lower in a civil trial than in a criminal one. In civil proceedings, one party’s case must be more probable than the other’s, while in criminal trials, guilt must be proven beyond a reasonable doubt.
His lawyers are unable to comment on the decision, their firm told CBC News.
‘Grievous bodily harm or death’
Around the time the police arrived, they were told that the man had gone out to a backyard barn where he keeps his tools, according to the ruling.
“They correctly perceived that [he] was subjecting his partner to escalating violent behaviour and properly characterized the situation as one where [he] posed a risk of ‘grievous bodily harm or death,'” Thomas said.
One officer drew his service revolver and entered the man’s yard from the east while the other officer and dog handler entered from the west with the dog.
The man was told he was under arrest, to put his hands up and walk out of the barn. He obeyed the commands. He was then told to get on his knees and to lie prone on the ground.
He got on his knees but was not prone to the ground.
He said there was a deep puddle in front of him that prevented him from complying, according to the decision, which noted he was acting in a “nonchalant manner during the encounter,” insisting that everything was “fine.”
At this point, a pistol was pointed at the man, and the dog was barking loudly at him.
Officers feared that he might have had a hidden weapon. The dog handler released the dog without warning less than 14 seconds after he entered the yard, according to the judge.
‘Time was not of the essence’: judge
The officer testified that the man had to be arrested as soon as possible to ensure the safety of the victim, but the judge said he should’ve done more to de-escalate the situation.
“Time was not of the essence,” in the absence of a cue that the man was initiating an attack on them or trying to get to his partner in the house, Thomas said.
The man has been awarded $40,000 in non-pecuniary damages and $20,000 for loss of past income.
The B.C. Public Safety Ministry said in a statement to CBC News that it respects the judicial process.
“There are B.C. Provincial Policing Standards in place for police service dogs. It’s the Province’s expectation that Police Dog handlers adhere to these standards in all situations involving police service dogs,” the ministry wrote.
In a statement, the RCMP said, “We respect the court’s decision and have nothing further to add.”
For anyone affected by family or intimate partner violence, there is support available through crisis lines and local support services. If you’re in immediate danger or fear for your safety or that of others around you, please call 911.