Brantford family files complaint with police oversight body after officers raided wrong home

A Brantford, Ont., family has filed a complaint with the Office of the Independent Police Review Director (OIPRD) after local police raided the wrong home in September.

Mike Smitiuch, the family's lawyer, told CBC Hamilton the family "continues to struggle emotionally."

"There still are residual physical injuries that the family are dealing with," he said.

"They're very traumatized."

The Brantford Police Service (BPS) said that on Sept. 8, members of the Tactical Intelligence Generated Enforcement and Response Unit completed Project Viking, which led to the service executing three search warrants — but one of those was at the wrong home.

'A horrible mistake'

Smitiuch said his clients, Michael Kelly and Shauna McDonald, told him they were in the home with a six-year-old and a 13-year-old when police executed what seemed to be a no-knock raid (also called a dynamic entry) — when police enter a residence with a search warrant, but without giving prior notice to residents.

BPS wouldn't say, previously, how many no-knock raids its officers do each year.

Smitiuch said the targeted apartment and the one police mistakenly raided share an underground parking lot.

"My understanding was the unit number was the right one, but it was the wrong building," he said.

Smitiuch said that from what he's heard from his clients, police used a flash grenade and damaged the door while entering the home.

Smitiuch said he was told an officer kicked Kelly in the head.

"Both of the parents were handcuffed and detained, and the 13-year-old was told she would be arrested if she did not calm down because she was horrified by what was happening," Smitiuch said.

"The police violated the peace, security and privacy of their home, and has left the family distressed and wondering how such a horrible mistake could've been made."

McDonald has reportedly suffered vision and hearing issues because of the grenade.

Smitiuch said the family filed the OIPRD complaint on Oct. 4 and they've been interviewed.

OIPRD takes over chief's investigation

Rob Davis, Chief of BPS, previously launched his own investigation into the incident, but the OIPRD has taken over, according to BPS spokesperson Robin Matthews-Osmond.

BPS previously said it acknowledged the experience would have been unsettling for the family and had victim services ensure the family had support.

Smitiuch said it's unclear if the family will file a lawsuit or not.

It's also unclear when the OIPRD investigation will conclude.

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