Findings of abuse of authority have been made against two members of the Vancouver Police Department in relation to their actions at a “wellbeing check” at a private home on March 13, 2016. The incident resulted in a violent altercation that left the complainant with serious injuries.
The Adjudicator, retired Judge Carol Baird Ellan, delivered her findings in the matter following a Public Hearing under the Police Act. The Adjudicator held that Cst. Eric Ludeman unlawfully entered the complainant’s home and recklessly used unnecessary force against the complainant. Cst. Neil Logan was found to have also used unnecessary force against the complainant’s son and wife.
Importantly, the decision confirms that police officers must turn their mind to whether using physical force is justified over available non-violent alternatives, and cannot resort to force simply as a matter of expedience:
[177] … I agree with Commission Counsel that the actions of Constable Ludeman in failing to make further inquiry are indicative of a cavalier willingness to intervene physically as a shortcut for other reasonably available investigative options. That state of mind amounts to recklessness, given Constable Ludeman’s experience, training, direction, and perception of the events that faced him, in my view.
…
[191] It was not necessary for Constable Logan to strike Yuri or Natalia Chaikun with a palm heel. He had pushed them back prior to that, and he could have used verbal commands before using force as significant as the blows he himself describes. Again, I agree with the submission that using the force that he did, as described by him, when he used it, represented the use of force as an expedient substitute for other less violent tools that were available to him.
A further hearing will be scheduled to address the appropriate disciplinary or corrective measures to be taken in relation to the officers.
Mark Underhill and Emma Ronsley of Arvay Finlay LLP acted for the Office of the Police Complaint Commissioner.