Halifax police, municipality don't commit to apology on 2021 encampment evictions

Halifax Regional Police will review a report that criticizes police decisions and actions during the controversial homeless encampment evictions three years ago, but neither they nor the city have apologized for the event.

An independent review of the incident that unfolded on Aug. 18, 2021, at the Halifax Memorial Library encampment came before Halifax's board of police commissioners on Wednesday.

It said decisions by regional police and the municipality led to a "day of chaos" for all involved, and offered 37 recommendations for HRP, the police board and the city.

"Aug. 18 was a challenging day for everyone, one that we don't want to see repeated, and I think one that we've taken significant steps in evolving our response," Chief Don MacLean, who is new in his role, told the board.

The report said Halifax police made a spur-of-the-moment decision to clear shelters from the old Memorial Library site on Spring Garden Road after clearing three other homeless encampment sites earlier in the morning.

The operational plan for the day didn't account for the library site, so there were no details about where police should stage as municipal workers brought in heavy machinery to move wooden shelters, or "no-go" triggers that could have seen police and city staff withdraw if a protest began.

The events can be tied directly to the lack of planning, and the "inability or unwillingness" of commanding officers to re-evaluate the decision to clear the encampment, the report said.

"As a result of these decisions, unhoused persons, civilian observers, protesters, HRP officers and HRM employees all suffered significant trauma," it said.

A large group of protesters clashed with police, who used pepper spray and made multiple arrests.

The report said some officers brought up concerns about forging ahead, but they weren't listened to — and a commanding officer on site didn't pass them up the chain to senior officers back at headquarters.

The option for HRP to reconsider the operation and withdraw "does not appear to have been seriously considered and was never implemented. That was an error," the report said.

"There will be varying degrees of opinions on the report and the response and [whether] different decisions may have had different outcomes," MacLean told reporters.

Chief says he will use report to look forward

"I really don't want to look at this report through the rear-view mirror. I'm going to look to this report through the front-view mirror in terms of determining what it is that we can do … to allow us to do things better."

One recommendation says Halifax police should always ensure any operational plan includes the possibility of withdrawal, and under what circumstances that would be appropriate.

MacLean said he will have a look at all the recommendations but told reporters "the ability to de-escalate, or withdrawal, should always be in the toolbox."

The review said both HRP and the municipality should "publicly acknowledge that there were flaws in the decision-making process that led to the evictions, as well as in the execution of that plan," and issue apologies for those errors.

When asked about an apology, MacLean would not commit to one.

HRM says review brings chance to 'reflect'

A statement from the municipality Wednesday also did not address an apology, but CAO Cathie O'Toole said the city appreciates the review "and the opportunity it will give us to reflect on areas of improvement."

The board directed HRP to assess the recommendations and come back with a report.

"I think it's appropriate for the police to take time to digest those recommendations, digest those observations and come back with its own views before we start to question," board vice-chair Gavin Giles told reporters.

The report also said the HRP's use-of-force policy is "inadequate and out of date" and does not properly emphasize de-escalation. The use of pepper spray by officers was also a serious concern to the review, which said it appears several officers "deployed it as a form of retaliation rather than out of safety concerns."

It suggests that regional police review its use-of-force and sensory-irritant policies, which Giles said is already happening through the police board's policy subcommittee.

Police and protesters clash in downtown Halifax

3 years ago

Duration 1:20

Officers physically moved people back from one downtown site that drew a large protest, and pepper-sprayed the crowd.

The review was done by a team of Toronto lawyers who interviewed dozens involved in the event. But key people did not participate, including former police chief Dan Kinsella and Alana Tapper, a parks department superintendent who created the plan for the clearing of camps.

Darla Perry, president of the union representing Halifax Regional Police officers, said that has left a report with large gaps.

Perry also said it's easy to armchair-quarterback after events happen, and that protesters who came with an "agenda" to interfere with the shelter removal were responsible for things getting out of hand.

"The violence and the stressful situation that the public put the police in — it was harmful. And the police responded," Perry said in a recent interview.

On Wednesday the board also asked that regional council request a staff report on the review. Council is expected to discuss that at its next meeting on Sept. 10.

The review said significant changes have been made in how Halifax deals with people who are homeless, and the closure of camps. Earlier this year, the municipality gave notice when multiple sites would be closed, and municipal staff led the closures rather than police.

New working group expected in 2025

The report calls for a new working group made up of police, police board members, people who are unhoused, municipal staff and service groups to work together on issues around homelessness.

However, O'Toole said during the meeting that likely won't start until the new year given the upcoming municipal election and the need for new councillors to be brought onto the board.