RCMP Watch

Feb 23 2006 - CBC News
A man who had his leg broken in an alleged assault by an RCMP officer says he’s been told by police they won’t be following up on his complaint about the incident.

Devon Herback was knocked unconscious and suffered a broken leg during an encounter with RCMP Constable Scot Newberry outside a Yellowknife nightclub in October 2004.

Herback was charged with assaulting a police officer, but a trial judge threw out the charge and criticized Newberry for using “excessive force” during the arrest.

Now, Herback says, he’s not sure how to proceed with his complaint.

Herback says Justice Canada approached him with two choices about how to deal with the incident: he could have Cnst. Newberry charged, or have the matter dealt with through restorative justice.

Restorative justice typically includes the victim and accused sitting down together before a panel of community members.

Herback says he was told he had time to meet with his family before making a decision.

But he says that on Wednesday, when he went to the RCMP in his hometown of Fort Smith to file a complaint against Newberry, the RCMP told him the case had already been dealt with through alternative measures.

“I thought I had a choice when I went down there, but I guess it doesn’t seem like I did,” he says. “I was told that I could take my time to decide, and when I had decided the choice wasn’t mine anymore.”

Herback says the police told him they could take the complaint, but it wouldn’t go anywhere.

Stuart Whitley, the federal director of justice for the N.W.T., told CBC in February that both Herback and his mother had agreed to the restorative justice approach.

They both say that is untrue.

According to Whitley, the restorative justice meeting was scheduled for Thursday.

Justice Canada has declined to comment about how or if the case is being handled, saying that would damage the process of restorative justice.

The RCMP have not returned phone calls on the matter but did confirm that Newberry is back on active duty.