Complaints Commission finds RCMP C-IRG “has repeatedly acted in a way that is contrary to the jurisprudence and to the rule of law”
Photo of Brian Smallshaw prior to his arrest by the RCMP C-IRG in 2021. Photo by Tom Mitchell from CBC News report.
Two weeks ago, the Civilian Review and Complaints Commission (CRCC) published a 16-page summary of its final report on a public complaint about the Royal Canadian Mounted Police (RCMP) Community-Industry Response Group (C-IRG) and its handling of the enforcement of an injunction at Fairy Creek.
The RCMP C-IRG made about 1,100 arrests at this site of protest from May to August 2021 against Teal-Jones logging old-growth forest.
In a media statement, the CRCC said “the broad exclusion zones and checkpoints used by members of the RCMP’s Community-Industry Response Group (C-IRG) were unreasonable. The review determined that the RCMP’s demand to search the complainant [who is not named in the CRCC summary report] at a checkpoint on a public road was unfounded, and his arrest, after refusing to agree to the search, was groundless.”
Now, CBC names the public complainant as Brian Smallshaw, a web developer and historian from Salt Spring Island.
CBC reporter Brett Forester notes: “The commission found the Mounties wrongfully arrested Smallshaw while he was hiking three years ago when he wouldn’t submit to a search he considered unconstitutional.”
While the CRCC only posted a summary of the final report, Smallshaw shared the full report with Forester at CBC Indigenous.
That unpublished report says: “The RCMP C-IRG has repeatedly acted in a way that is contrary to the jurisprudence and to the rule of law.”
Forester adds: “The report, which Smallshaw agreed to share in full with CBC Indigenous, says the complaints commission made similar findings about C-IRG in three subsequent reviews, which are not yet public.”
His article also highlights the report says: “The commission is concerned about similarly broad and intrusive strategies being implemented during future protests, leading to similarly unreasonable searches and arrests.”
PBI-Canada shares that concern about possible RCMP CRU (the rebranded C-IRG) in relation to the current blockade/checkpoint on Gitanyow territory against the construction of the Prince Rupert Gas Transmission pipeline.
Forester also tweeted: “Here’s some of what the commission had to say”:
Forester’s article can be read in full at B.C. man speaks out on wrongful arrest after watchdog slams RCMP conduct at Fairy Creek (CBC News, September 24, 2024).
Systemic investigation
PBI-Canada is also following the current and ongoing systemic investigation of the RCMP C-IRG by the Ottawa-based CRCC.
That investigation was launched after the CRCC received nearly 500 formal complaints about the RCMP C-IRG. As Forester has previously reported: “More than 100 grievances accepted for investigation contain allegations of excessive force, illegal tactics, unprofessional behaviour, racism, discrimination and charter violations by the force’s Community-Industry Response Group (C-IRG).”
The investigation was launched more than 18 months ago and at this point the CRCC “cannot speculate on when it will conclude.”
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