Manitoba·Video

Winnipeg driver ticketed after passenger asks police officer why he wasn't wearing a mask

The chair of the Winnipeg Police Board says the conduct of an officer who gave a traffic ticket to a driver after being asked why he wasn't wearing a mask sends the wrong message to the public.

Driver was fined for not leaving enough room for an emergency vehicle pulled over

In a minute-long video of an incident on Tuesday that circulated on social media, a Winnipeg police officer was seen being asked by a passenger in a car why he wasn't wearing a mask. The officer later ticketed the driver of the car. (Submitted)

The chair of the Winnipeg Police Board says the conduct of an officer who gave a $298 traffic ticket to a driver after being asked why he wasn't wearing a mask sends the wrong message to the public.

In a minute-long video of an incident Tuesday night that is circulating on social media, a Winnipeg police officer is asked by a passenger in a car stopped on Portage Avenue, in the Silver Heights neighbourhood, why he wasn't wearing a mask.

"Sir, I just have a question.... Why are you not wearing your mask and you're yelling? That's not good. That's not safe for us," said the passenger, who CBC has agreed not to identify. 

The officer tells the people in the car he isn't wearing a mask because he is outside and isn't within six feet of the passenger. He then can be heard saying, "I'll just write a ticket. Is that the way you want to do this?" 

RAW VIDEO: Driver ticketed after passenger asks officer why he wasn't wearing a mask:

RAW: Driver ticketed after passenger asks officer why he wasn't wearing a mask

4 years ago
Duration 0:41
Cellphone video shows a Winnipeg police officer issuing a driver a traffic ticket after the passenger in the vehicle asked the officer why he wasn't wearing a mask, which is a current requirement by the police force.

The woman in the passenger seat is heard saying, "No. I'm just asking." 

She then asks if he has to wear a mask when he's at a vehicle's window. "Even if you're close? I'm just asking. It's just a question."

The officer then replies, "OK, you know what, you can give me your stuff back, you're going to get a ticket then."

He adds, "You were going to get a warning. I was being polite. You're not being polite."

In a longer version of the video, the officer can be seen leaving, and he then returns wearing a mask after more than 25 minutes, at which point he issued a ticket.

"See, since it bothered you, now I put one on, but now he's getting a ticket," said the officer.

The Winnipeg Police Service said in a statement Wednesday the driver had been stopped for not moving to a farther lane when passing a stopped emergency vehicle. The service said officers are expected to wear face masks during interactions with the public unless physical distancing is possible. 

Police flag ticket to prosecutors

"The officer has been spoken to by his commanding officer about his conduct and the matter has been dealt with," WPS said in a statement.

"The Winnipeg police have flagged the traffic stop for the attention of Manitoba Prosecutions. Attempts are being made to speak with the driver in question."

A statement from the province said before proceeding, the prosecution service "would need to receive the file and undertake a review of the evidence as with any other case."

Winnipeg Police Board chair Coun. Markus Chambers (St. Norbert-Seine River) said he thought the passenger's question was reasonable, and he spoke out about the officer's handling of the situation Wednesday.

Winnipeg Police Board chair Markus Chambers says the interaction sends the wrong message to the public. (John Einarson/CBC)

"It sends a message that we can't question police, that their authority is ultimate, and we have to work collaboratively together. We have to work in a space of trust and where somebody asks a reasonable question, he could have responded in a different manner."

Chambers said the officer should have worn a mask. He said it's puzzling that the driver of the car was given the ticket when it was the passenger who asked the question.

He said the officer's actions send the wrong message at a time when trust in police is low. 

"I'm concerned as to why he took that measure," Chambers said.

"We need to do better in terms of serving our community, in terms of responding to questions like that. We're all in this together."

​The passenger said she and her boyfriend plan to file a complaint with the Law Enforcement Review Agency.

She said she is glad she filmed the encounter and hopes the ticket gets thrown out in court. She said she wants the officer to be disciplined, and is still upset he wasn't wearing a mask.

"I was just really mad because me and my boyfriend are health-care workers, and that really ticks me off when people don't wear masks, because … [of] what's going on right now with COVID and the code red in the city."

WATCH / Driver ticketed after passenger questions officer for not wearing mask:

Winnipeg driver ticketed after passenger asks police officer why he wasn't wearing a mask

4 years ago
Duration 1:42
A Winnipeg police officer is under scrutiny tonight for changing a traffic warning to a full ticket. As Austin Grabish shows us, the officer's actions are now being questioned by the chair of the Winnipeg police board.

ABOUT THE AUTHOR

​Austin Grabish is a reporter for CBC News in Winnipeg. Since joining CBC in 2016, he's covered several major stories. Some of his career highlights have been documenting the plight of asylum seekers leaving America in the dead of winter for Canada and the 2019 manhunt for two teenage murder suspects. In 2021, he won an RTDNA Canada award for his investigative reporting on the Canadian Museum for Human Rights, which triggered change. Have a story idea? Email: austin.grabish@cbc.ca

With files from Aidan Geary