Officers punched and kicked  a native man repeatedly

It shouldn’t come as a surprise to anyone reading this article that some police officers abuse their power and resort to beating their prisoners. This article is about several police officers in the north of Canada and how they dealt with a native man they didn’t like.

This excellent article was copied from The Toronto Star, Canada’s largest newspaper. 

What was recorded on a video in a police station was after a flurry of punches and a sharp kick from the two RCMP ( federal police )Mounties, Bernard Naulalik is lying  on the concrete floor of jail cell No. 3. One officer removes Naulalik’s clothes while the second pushes Naulalik’s face onto the floor and kneels on his back. Naulalik’s hands are restrained behind his back. A pool of blood spreads beside his face. A Mountie lifts his hand from Naulalik’s head, closes his fist and throws a punch into the prone prisoner’s face.

Bernard Naulalik has been arrested more times than he can count. This is not Naulalik’s first night in the Iqaluit, Nunavut, RCMP detachment. He is “well known to police” and has been arrested more times than he can count. One night when he was 13, blackout drunk and carrying a knife, Naulalik said he found himself in the home of one of the men who eight years earlier had set him on fire.

It is June 6, 2016. Naulalik, then 25, is wearing a jersey and sweatpants as one Mountie bears down on his head while wrenching Naulalik’s twisted wrist and straightened arm behind his back. The other officer strips Naulalik down to his underwear, tank top and socks, then removes the sleeping mat from the concrete bench.

This is one of three incidents since 2014, all captured on jailhouse video, in which Naulalik ends up in a holding cell and outmanned by larger officers, pummeled by fists, knees and boots, often while he is restrained.

He filed an official complaint after the first incident. And when two more jail cell beatings followed, Naulalik came to believe the RCMP in Iqaluit had targeted him for speaking out.

“They could’ve done something better to not use so much force,” said Naulalik, whose first language is Inuktitut.

Naulalik’s case is one of about 30 incidents in which Inuit allege they sustained injuries during their arrest or detention by the Nunavut RCMP, according to Nunavut’s legal aid agency. The agency flagged the alleged trend in excessive force in communications with the government and RCMP that the Star obtained through access to information requests.

“Instances of excessive force by the RCMP  appear to be on the rise in Nunavut,” legal aid said in 2015.

Legal aid lawyers, who interviewed clients in 25 communities, reported “visible injuries sustained during an arrest or subsequent detention,” and “a recent trend of hearing and witnessing visible injuries to our clients, allegedly by the RCMP,” the board’s chairperson Madeleine Redfern wrote to the justice minister in March 2015. Redfern is also Iqaluit’s mayor.

Bernard Naulalik, 27, has been in a Nunavut holding cell three times since 2014 when he was out-manned by larger officers and pummeled by fists, knees and boots, often while being restrained.  

Redfern’s letter also addressed “fear of possible recrimination” among Inuit in small communities who complain officially.

Naulalik is determined to buck that trend. “I want to speak out. This isn’t right.”

The RCMP and the government of Nunavut declined interview requests and refused to comment on Naulalik’s allegations or the contents of the videos. In written July 19, 2014 responses, both said they do not track excessive force complaints made against the Nunavut RCMP.

None of the officers involved in the videotaped beatings responded to requests for comment. Two have been charged with unrelated offences, including an allegation that one officer “did prowl at night” on an Iqaluit property — though that charge was later stayed (put on hold)  by prosecutors.

For this story, the Toronto Star filed access to information requests with the government of Nunavut, the Public Prosecution Service of Canada and the RCMP. The Star also accessed records at the Nunavut Court of Justice for Naulalik and two of the officers involved in his beatings.

In cell block video footage, Naulalik walks unaccompanied into cell No. 3 and lies on a concrete bench. An officer enters and begins searching Naulalik’s pockets. Naulalik pushes the officer’s hand away. The officer grabs Naulalik’s neck and forces him down. Naulalik wraps his leg around one of the officer’s legs, but is pushed onto a bench. The officer attempts to get on top of Naulalik who wraps his arms around the officer’s thigh and flips him onto his back. Naulalik appears to push his shoulder into the officer’s chest and thrust a hand toward his face. A second officer enters the cell. As one officer restrains Naulalik’s legs, the other straddles Naulalik’s chest and delivers five punches to Naulalik’s head. Afterwards, police charged Naulalik with assaulting an officer.

Naulalik’s lawyer, Tamara Fairchild, filed an application under the Charter of Rights and Freedoms that alleged Naulalik endured cruel and unusual punishment and that the assault charge was laid to cover up the RCMP’s assault on Naulalik. By March 2015, prosecutors had stayed all charges against Naulalik but have refused to comment on the reasons when asked by the Star.

On April 20, 2015, Naulalik lodged a complaint of excessive force against two officers in the 2014 incident. The Nunavut RCMP hired the Ottawa Police Services to investigate.

When the Nunavut RCMP investigates serious complaints, it retains an outside police agency. There is no oversight or involvement from non-police agencies or individuals, and the outside force reports directly to the RCMP.

In other Canadian jurisdictions, such as Ontario, civilian involvement in the investigation and oversight process is considered best practice as it provides greater accountability and transparency.

The former director of Ontario’s Special Investigations Unit, Ian Scott, said in December 2015 about the investigation into Naulalik’s 2014 beating. “It deeply concerns me that another police service is doing that review. That would, in my view, erode any public confidence in their ultimate findings.”

Ottawa police arrived in Iqaluit on September 10, 2015 — nearly 14 months after the incident  and submitted its report on September 30, 2015. In November, the RCMP’s “V” Division, which serves Nunavut, issued a short news release: “The members involved were acting within the scope of their duties.” It also said the level of force was appropriate to control an “aggressive and assaultive” prisoner.

Five-year-old Bernard Naulalik knew you shouldn’t sniff gasoline fumes. He said as much to two 11-year-old boys who asked if he wanted to join them. One of the older boys then poured gasoline on Naulalik and set him on fire. Both boys were too young to be charged.

“I was a couple doors away from my grandmother’s place, and I ran there engulfed in flames,” Naulalik recalled. “My grandmother was doing dishes at the time. She used a big bucket to turn me off,” he said, referring to the flames. “I remember I died for a couple minutes, and they revived me.”

Naulalik stayed in Montreal for about two years for a series of skin grafts and other surgeries. Some of his best childhood memories are from that time when he met other kids at the children’s hospital. When he returned home, Naulalik said he was bullied for not looking like other Inuit children.

Today, the burn scars on Naulalik’s face are only noticeable up close. The scars on his hands are more prominent. He opens and closes his hands repeatedly, explaining that he still needs surgery to prevent the skin from getting too tight.

“My grandma really helped me a lot when I was going through my healing progress,” Naulalik said.

Naulalik’s grandmother grew up in an outpost camp on northern Baffin Island before the Canadian government relocated most Inuit, a traditionally nomadic people, into the present-day Nunavut communities. That relocation began in earnest around the 1950s in the Baffin region.

“She would always give me advice. She was a loving and caring grandmother. A bit stubborn, but that’s what I liked about her,” Naulalik said, who nursed her in old age until she died in 2016.

The burning incident played a major role in Naulalik’s life. Naulalik said he regularly witnessed “wild” violence and was abused by others. He became an alcoholic at 13 and began dealing marijuana.

Naulalik has had run-ins with police every year since. His most serious conviction was for sexually assaulting a friend’s sister. He says he was drunk and doesn’t remember the incident.

According to the court record, Naulalik served one day in custody for the sexual assault. The Star requested details from the Public Prosecution Service of Canada and the RCMP, but neither provided any.

Despite his many confrontations, Naulalik said police are doing their jobs when they arrest him.

“I probably said some words to make them mad  that were like, unbearable  but I don’t remember any of those moments, when I’m so intoxicated.”

Bernard Naulalik, who was then 27, was arrested on June 6, 2016, after he allegedly walked into a stranger's home, drunk, and tried to pick a fight. The altercation lasted about three minutes and afterwards the RCMP charged Naulalik with assaulting an officer. The prosecutor's office later withdrew the charge.  

Video footage from that night shows two officers lead Naulalik with his hands — not handcuffed — behind him into the cell. As Naulalik kneels, he turns his face and shoulders towards one officer, Constable Jeffrey Dillon. Dillon appears to throw a quick jab into Naulalik’s face. Naulalik wraps one hand around Dillon’s leg, and moves his other hand toward Dillon’s other leg. This moment would feature prominently in the officers’ written version of events.

In his use-of-force report, Dillon said he “felt the subject’s hand touch his gun holster.” This elevated the threat Naulalik posed to “death grievous bodily harm,” Dillon wrote.

The other arresting officer, Constable Ryan Dawiskiba, used stronger language: “Constable. Dawiskiba observed subject grab Constable Dillon’s gun and believed he was actively trying to disarm Constable Dillon.” Both officers reported that before they entered the cell Naulalik had repeatedly threatened to fight them.

Naulalik said he was too drunk to remember if he reached for or touched Dillon’s holster. The video is unclear. It appears Naulalik wrapped his arms around Dillon’s legs after Dillon’s jab to Naulalik’s face.

Here is what happens next as seen on the video: Dillon and Dawiskiba push Naulalik to the floor. Dillon throws and lands nine punches to Naulalik’s head. Meanwhile, Dawiskiba lifts his leg back two or three feet and kicks Naulalik in the upper body or face,  It is unclear where the kick lands. The altercation, during which the Mounties remove most of Naulalik’s clothing, lasts about three minutes. During that time, Dawiskiba bounces with his knee on Naulalik’s head, kneels there for more than one minute, punches Naulalik in the face, stands on Naulalik’s head for about 28 seconds, including a moment where he pushes his foot down on the prisoner’s face.

Blood smears the concrete floor beneath Naulalik’s face. Other officers later took him to a hospital for treatment.

In his report, Dawiskiba accounted for one kick to the face, one punch to the face and stepping on Naulalik’s head. Dillon did not report the initial punch to Naulalik’s face, but once Naulalik was on the ground, Dillon reported, he applied “hard punches to the face and head.”

On December 5, 2016, Crown prosecutors withdrew the charge of assaulting an officer that had been laid against Naulalik. When ask by the Star why the charge had been withdrawn, the public prosecutor’s office refused to explain.

Dillon and Dawiskiba did not reply to requests for comment and RCMP headquarters said, “The RCMP does not make it a practice to put our members forward to speak to any allegations made against them,” citing the Privacy Act.

In his nine-page report, Dillon described Naulalik as “threatening” and “combative.” Dillon had removed Naulalik’s handcuffs before leading him to the cells.

“Member (officer) warned subject (Naulalik) that if he fights police, the police will fight back. It is this member’s experience with Inuit in the North that they need to hear a direct consequence should they decide to follow through with their threat. Sometimes this prevents a fight,” Dillon reported. ‘That’s racist,” Naulalik said during a recent interview.

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Aluki Kotierk, the elected leader of Nunavut’s Inuit, agrees. Kotierk is president of Nunavut Tunngavik Inc., the agency that oversees the implementation of the Nunavut Land Claims Agreement and is effectively one of Nunavut’s two governments. The public government is elected by all Nunavut residents, and the NTI is elected by Nunavut Inuit, who make up about 85 per cent of the population.

Kotierk said, “Dillon’s comment “makes me think of the perception of non-Inuit towards Inuit, that we’re somehow different or primitive,” She added that such racist comments highlight the need for cultural and sensitivity training.

Aluki Kotierk, who is the president of Nunavut Tunngavik Inc., which is elected by Nunavut Inuit, believes some non-Inuit have a perception of Inuit as "somehow different or primitive."  

Kotierk speaks from personal experience. In 2012, her uncle, Solomon Uyarasuk, died while in RCMP cells in the north Baffin community of Igloolik. A coroner’s inquest determined Uyarasuk died of asphyxiation after he was found hanging from his belt.

Dillon’s comment reminded Kotierk of what one officer testified at the inquest. The Toronto-based officer testified that before he arrived in Nunavut, his only training for policing in the North was advice from his career adviser: “When intoxicated, (Inuit) become hostile and combative without provocation,” according to the transcript. The officers need better training on how to deal with the Inuit natives in general.

In 2016, the inquest’s jury recommended that police re-open the investigation into Uyarasuk’s death “to fill in because of missing information.” That has not happened.

The Qikiqtani Truth Commission’s research provides much important context to Naulalik’s many run-ins. The Qikiqtani Inuit Association led an effort in the mid-2000s to “set the historical record straight,” about police and other federal government activity in the eastern Arctic after the Second World

The commission found that the RCMP helped the federal government exert its sovereignty in Canada’s North.

Many Inuit were told that federal family allowances would be withheld unless children attended residential schools. And hundreds, perhaps thousands, of sled dogs were killed by the RCMP and other authorities, which was seen by many Inuit as an effort to rob them of their nomadic lifestyle, according to interviews conducted by the truth commission.

Some RCMP members exploited their power by engaging in sexual relationships — consensual and not — with Inuit women, according to testimony by Baffin-region Inuit.

“The idea that a policeman would be a friendly person in your neighbourhood is not always there and I think in fact there’s a great fear or intimidation when you see an RCMP truck go by,” Kotierk said.

Today, many Inuit use alcohol to numb the intergenerational trauma, Kotierk said. And that trauma often finds an outlet through violence when people’s self-control is lowered by alcohol.

“In Inuktitut I’d say ‘suuqaimma,’ ( learning the Inuit language) no wonder, with the history that we have, I’m often surprised that there’s not more violent outbursts.  When I see all the social ills that Inuit face, I often see them as a symptom of the very rapid colonialism that we’ve gone through.”

On December 4^th 2016, Snow fell during a long Arctic night and the temperature sits around -20C.

Constable Dawiskiba arrested Naulalik for allegedly being drunk at an Iqaluit grocery store. “Subject is well known to police for his  often fights and assaults.” Dawiskiba wrote in his report.

Bernard Naulalik, 27, has been arrested by Iqaluit RCMP more times than he can count. In this December 4, 2016, instance, he was brought in after officers allegedly found him drunk in an Iqaluit grocery store.   cell No. 3, fixed in a corner above the door, shows a grey concrete floor, cinder-block walls painted white, and a stainless steel sink and toilet. Two officers lead Naulalik, wearing black pants and a black winter coat, into the cell. Dawiskiba said in his report that on the way to the cell Naulalik threatened to fight the officers.

The two officers, Constable Kevin Frechette-Mask and Dawiskiba, push Naulalik, in handcuffs, first to his knees and then face-first on the floor. They remove the handcuffs.

After one officer removes Naulalik’s socks, he kicks his heels up towards his back. In his report, Dawiskiba interpreted this as Naulalik trying to kick the officer though Naulalik did not make contact. Dawiskiba knees Naulalik four or five times in the head, lifting up his body weight before each strike.

During the nine-minute struggle to remove Naulalik’s clothing, the video shows Dawiskiba kicking Naulalik twice in the back of the head and pepper spraying Naulalik directly in the face. Dawiskiba delivers one body punch and, after Naulalik appears to resist, four to Naulalik’s head or neck area.

Throughout, Naulalik remains face-down on the floor with the officers on top of him. Mostly, he lies motionless but at times squirms and tries to pull away.

Dawiskiba reported “dropping” his knee on Naulalik’s head once and using pepper spray, but not the multiple knees to Naulalik’s head, nor the kicks or punches to Naulalik’s head, nor the punch to Naulalik’s ribs. Officers charged Naulalik with obstructing an officer.

Naulalik said one tooth fell out and two others were chipped, though he was too drunk to remember details clearly. The RCMP did not provide medical treatment, Naulalik said. Dawiskiba reported Naulalik had a bleeding lip after the incident.

Dawiskiba did not respond to requests for comment. The Star asked the RCMP for a comment from Frechette-Mask, and the police force refused.

Prosecutors stayed the charge. When asked by the Star, they once again would not say why.

Court records show Naulalik has faced at least 19 charges since the beginning of 2014. Twelve have been withdrawn or stayed by prosecutors. His seven convictions include three failures to comply with a court order, three violations of probation orders and one for trafficking marijuana.

Naulalik said he filed two complaints against Iqaluit police in 2017, one for each of the 2016 incidents, with the Civilian Review and Complaints Commission for the RCMP.

Even when a complaint is filed with the commission, it is still the RCMP who investigates that complaint, according to the Commission’s website. That should not be the procedure.

The RCMP “V” Division told the Star that both 2016 incidents are now being investigated by the Calgary Police Service.

On June 5^th of  2018,  Naulalik filed a lawsuit against the RCMP and officers Dillon and Dawiskiba. Naulalik’s statement of claim alleges the officers assaulted him during the June 2016 incident and, along with the RCMP and the Attorney General of Canada, failed in their duty to protect him from any “tortuous or wrongful” act while in their care. The suit alleges $30,000 in damages plus loss of income and punitive and aggravated damages to be proven at trial. It also alleges he needed stitches above his right eye. A selfie Naulalik said he took the day after the incident shows him with fresh stitches above his right eye.

Bernard Naulalik says he took this picture of himself in the days after his June 6, 2016, beating in a Nunavut RCMP holding cell

In the Legal Services Board letter sent to Nunavut’s justice minister in March 2015, Madeleine Redfern wrote she would not include details of alleged injuries sustained by legal aid clients in order to protect solicitor-client privilege and “to protect tactical litigation strategies.”

“For every client that is prepared to proceed with formal civil action,  it is our experience that there are five clients who  have no interest  due to fear of possible recrimination,” Redfern wrote.

The Justice Minister may wish to take steps to address these concerns with leadership at ‘V’ Division.

In response, “V” Division Commanding Officer Michael Jeffrey wrote to the justice minister in April 2015: “The generality of the allegations made by the Legal Services Board makes it difficult to identify concerns that have not been brought to our attention.”

Jeffrey said the allegations of a trend are not supported by complaint statistics: In 2013, 19 complaints of all types were filed against the Nunavut RCMP and in 2014, 16 complaints.

When asked what steps were taken to alleviate fears of filing complaints against the police, the justice department said, “The department is confident that any complaints about police conduct will be investigated fully.”

Officer reports, mandatory when “hard” force is used, are sent to RCMP headquarters where they are “analyzed for trends,” according to documents from the Nunavut government and the RCMP.

RCMP headquarters in Ottawa told The Star, “No trends have been identified.” Neither the RCMP nor the Nunavut government tracked  allegations of excessive force.

According to court documents, Constable Dillon was charged in April 2017 on three counts: one count of trespassing on Lurene Dillon’s property and two counts of uttering threats against another RCMP officer. Those charges were stayed in August 2017.

Cst. Dawiskiba was convicted in 2014 of two offences under the Transportation of Dangerous Goods Act and fined $200. According to court records, Dawiskiba was charged by RCMP in Cornwall, Ont., for offering to transport restricted goods, including small arms cartridges and aerosols. Both men are still RCMP officers.

Naulalik continues to fight to get his life under control. Although he tends to change jobs every few months, he often works more than 40 hours per week. Naulalik dreams of moving farther north on Baffin Island to Pangnirtung where his uncle, a pastor, and his aunt inspire him to be a better, sober person.

In March, Naulalik, said he wants to be a better father for his nine-year-old son. “I haven’t really been there for a couple years. But it’s a tough, and sometimes losing, battle.”

On June 4^th, Naulalik appeared in court to face 10 charges stemming from two recent alleged incidents. On April 10, police charged Naulalik with assaulting his brother with a weapon, two counts of assaulting police, two counts of resisting arrest and two counts of uttering death threats to police. On May 18, police charged Naulalik with one count of possessing marijuana for trafficking, one count of interfering with an officer and one count of causing a public disturbance while drunk.

n August 8, the Star visited Naulalik in an Iqaluit prison, the Baffin Correctional Centre. Naulalik, arrested again for breaking court orders, is scheduled to next appear in Nunavut court on August 14. 2018.

When I read this Toronto Star article, the first thing I asked myself was, “Am I reading the story of a Jew who was arrested by Nazi goons?”