Charges against police seem to be getting more serious, criminologist says

Five New Brunswick police officers are facing criminal charges, a number that's higher than usual but not the highest it's ever been.

Three Saint John Police Force officers and two RCMP officers are subjects of criminal prosecutions. The charges are at various stages and range from sexual assault to obstruction of justice to assault during an arrest.

While five officers under active criminal charges at once is not a record for the province, criminology professor Michael Boudreau said the severity of the alleged crimes seems to have increased.

"We do seem to see more serious offences, so sexual assault, assault during an arrest. That's a worrying trend, at least in this province," said Boudreau, of St. Thomas University in Fredericton.

"Public Safety should be wondering what's going on. Is there an issue around training of officers? Do they need better training? Are they receiving the right kind of mentorship?"

Boudreau said it's important to note that a charge is not a finding of guilt, and the officers could all be found not guilty in the end. But he said laying a charge is not something prosecutors do lightly.

One charge is "one too many," since the police are "the public face of the law in Canada," he said. But a high number of charges could be a good sign and show the system is keeping police accountable.

"Perhaps one positive way to look at this [is] that these officers are facing these charges," Boudreau said. "In other words, we're not looking the other way.

"Police services, Crown prosecutors are saying 'No, these are serious charges and we're going to pursue them,' as opposed to just saying 'Well, there are a few bad apples and maybe we can excuse their behaviour."

Between 2016 and 2017, defence lawyer T.J. Burke represented seven different Fredericton police officers facing criminal charges. He said if an officer is accused of a crime, the prosecution is more, not less, likely to scrutinize the case.

"They're going to always be subject to a higher level of scrutiny when they use force than a civilian who just goes out and gets into a bar fight," Burke said. 

"Being over scrutinized can even lead to a charge that just makes individuals purely accountable to the public."

He said it doesn't matter if the alleged crime happened in the line of duty or in their private lives. "This is a police officer 24 hours a day," he said. "So does it matter whether they're in uniform? I think the answer is really no."

Number of charges raises questions about culture

Boudreau said police officers are held to a higher standard, and multiple officers charged could point to a cultural and systemic problem.

"It does speak to, is there a culture of toxic masculinity seeping in, or is this the proverbial few bad apples? But that proverbial few bad apples argument has been used far too long, and it's a bit of a red herring."

He said if that truly is the case, then the system and police forces should be better equipped to detect those officers and make sure things don't reach a point where charges need to be laid.

"Is there a stringent guideline for when these police officers are hired? And if not, well then maybe more guidelines are needed or stricter guidelines are needed," Boudreau said.

Sean Rocca, spokesperson for the Saint John police, said the force addresses criminal matters against officers on a case-by-case basis as they arise, and "this number can fluctuate over time.

"The Saint John Police follows federal and provincial laws respecting the conduct of police officers. We respect and follow the judicial process and their outcomes," he said.

Where the police cases stand now

Here is the status of the cases involving five New Brunswick police officers whose alleged crimes have been before the courts this year.

Pierrick Caron, assault

In the summer of 2021, someone posted a video on social media showing Campbellton RCMP Const. Pierrick Caron repeatedly punching a man he was attempting to arrest. 

Quebec's police watchdog agency, Bureau des enquêtes indépendantes, known as the BEI, began an investigation, and after several months found there were grounds for criminal charges. 

In June of this year, the Department of Justice and Public Safety confirmed that Caron has been charged with one count of assault.

Caron has made several appearances in Campbellton provincial court, most recently in early October. His plea hearing is scheduled for Oct. 24.

Osama Ibrahim, 5 offences, including sexual assault 

Woodstock RCMP Const. Osama Ibrahim is accused of assaulting and sexually assaulting a woman in Saint John, who was known to him, between Dec. 1, 2021, and Feb. 23, 2022.

On May 31, the Saint John Police Force asked the independent police investigation agency in Nova Scotia to review the allegations.

The Nova Scotia Serious Incident Response Team started an investigation and found there was reasonable probable grounds for charges.

The Crown approved the charges of assault, sexual assault, use of or threat to use a weapon during an assault, choking during an assault and breach of trust on Sept. 27. His next appearance is scheduled for Oct. 25.

Dave Kimball, obstruction of justice and breach of trust

Sgt. David Kimball of the Saint John Police Force was originally facing three charges: falsifying report, obstruction of justice and breach of trust. 

As the case went through the justice system, the Crown dropped the falsifying report charge.

And this week, his lawyer said the prosecution and defence are working on an agreement to seek alternative measures instead of going ahead with the charges.

"There's an agreement reached to resolve the charges informally based on the sharing of information or work done outside of court," Kimball's defence lawyer Nathan Gorham said in an interview.  

"And specifically what they were referring to is that we've shared Mr. Kimball's account of the events, which is credible, uncontradicted."

Gorham said the charges won't be officially dropped until a hearing is held.

"A charge is not withdrawn until the Crown says it's withdrawn," he said.

Nicholas Roy, assault with a weapon

Const. Nicholas Roy, a Saint John Police Force officer, was charged with assault with a weapon, described as a metal detector wand.

Gorham also represents Roy and confirmed that the Crown and defence in that case have also reached an alternative measures agreement. 

His next appearance is scheduled for Jan. 23, 2023.

Benaiah Sok, assault causing bodily harm

Const. Benaiah Sok was charged with assault causing bodily harm and has elected trial by judge and jury 

The charge stems from a public complaint that was first made to the Saint John professional standards department, and it was forwarded to Fredericton police for investigation on Sept. 3, 2021.

Sok's next appearance is Oct. 31, and his trial is scheduled from  Feb. 13 to March 1.