Hamilton police board demands review on use of force after officer accused of assault

The Hamilton Police Services Board is requesting the police service review all policies and procedures related to prisoner handling and use of force after an officer was accused of assaulting an Indigenous man during an arrest.

"We acknowledge there are systemic changes needed to address the historical relationship between law enforcement and Indigenous peoples in Canada," said the police board in a media release on Thursday.

"As the governing body for the police service, we are committed to engaging and supporting the community in creating transformative change that addresses and fosters true reconciliation."

When asked if Hamilton Police Service (HPS) would comply with the request for a review, spokesperson Jackie Penman said Thursday HPS is "committed to continuous improvement" but did not confirm whether a new review would take place. 

"Reviewing our policies and procedures is an important part in ensuring we remain current on best practice as well as meeting provincial standards," she told CBC Hamilton. 

Police say on May 26, officers were investigating a stolen vehicle at a gas station on the Mountain. The investigation led to the arrest that day of Patrick Tomchuk. 

The arrest was captured on video by a citizen and a nearby business and led Hamilton police to suspend 45-year-old Const. Brian Wren. He's been with the service for 10 years. 

Hamilton police eventually charged Wren with assault on June 16.

Penman said its review of the incident found no other officers involved used excessive force.

Tomchuk was also charged, with numerous theft-related offences related to the stolen vehicle investigation and one count of assault - resist arrest, according to his lawyer.

The video was played at Tomchuk's bail hearing on Aug. 3 and appeared to show several officers tackle Tomchuk before the officers forcibly manoeuvred him and yelled expletives at him.

Then, an officer seemingly kicks Tomchuk in the head and holds down Tomchuk's head with his foot. Tomchuk appears to be unconscious for most of the video. 

Police say they contacted the Special Investigations Unit, but the watchdog didn't investigate because they found the injuries weren't severe enough.

It prompted Hamilton police to do its own criminal investigation.

The Hamilton Regional Indian Centre (HRIC) made numerous recommendations to the police service earlier this month, including a third-party investigation into the alleged assault and the creation of an Indigenous-specific seat within the HPS board.

"This needs to stop. Education, prevention and accountability must be of the highest priority of law enforcement," HRIC executive director Audrey Davis said at the time. 

Police board chair Pat Mandy is a member of Mississaugas of the Credit First Nation, but Davis added that's not the same as an Indigenous-specific board member.

Police chief Frank Bergen also told media he invites the broader community to offer feedback to the service.

"The community wants actions and not just words ... when we can do things better, it's better to sit at a table to discuss it, to find a path together," he said.

The police put out an annual use of force report, the latest of which was released on June 30.