Officer charged with assault of Black teen completes restorative justice program
Const. Mark Pierce was charged with assault by the Serious Incident Response Team in 2020
The mother of a teenager who was involved in an incident with Halifax Regional Police says her family is still looking for justice more than three years after an officer was charged with assaulting the boy.
Const. Mark Pierce was charged with assault by the Serious Incident Response Team in 2020. The charges were related to the arrest of a Black teen outside Bedford Place Mall in February of that year.
Troylena Chambers, the boy's mother, shared photos on Facebook of hand and face injuries she said her son sustained during the incident. At the time, she said her son recorded the interaction because he believed he was being racially profiled.
Earlier this month, the charge against Pierce was withdrawn after he completed a restorative justice program, according to a spokesperson for the Nova Scotia Public Prosecution Service. That process has ended the criminal case against the officer.
Chambers said in an email that her son was happy with his choice to pursue the restorative justice route, which allowed him to express his feelings about the incident directly to Pierce — but they are still looking for changes in policing.
The family has filed a complaint under the provincial Public Police Act and Chambers said that investigation is now underway.
"So it's not 100 percent over as of yet, just waiting to see the outcome of [the Public Police Act] investigation from HRP," Chambers wrote. "I am hopeful that [the] Police Act complaint serves some kind of justice but also hopeful that the policing system changes as well."
Gordon Allen, the family's lawyer, said the restorative process involved, in part, a letter of apology from the officer to the teen. The youth decided to pursue the restorative route to avoid the stress of a full criminal trial, but also because he was hoping to make a change in the policing system, Allen added.
"It was fortunate for the officer involved that this youth was amenable to going that route because it's certainly a route that can lead to a different outcome than the typical criminal procedure," Allen said Friday.
"It was all very traumatic for him," Allen said of the youth.
The complaints with concerns to the Police Act could result in disciplinary action for Pierce, said Allen.
"[There are a] variety of grounds for the complaint," Allen said. "Not just simply the physical aspects and arbitrary detention, but also dealing with a member of the public in a disrespectful fashion, cruelly treating someone that is within one's care or being detained."
Next steps for the family
Allen confirmed the family has also filed a civil suit against the Halifax Regional Municipality.
The lawsuit will tackle alleged breaches of the Charter of Rights and Freedoms, Allen said, including Section 9, which states that "everyone has the right not to be arbitrarily detained or imprisoned."
Another of the family's concerns involve Pierce's compensation in the midst of the ongoing case. City data shows he was paid more than $300,000 from the end of the 2020 fiscal year until the end of the 2022 fiscal year.
"[Finding] out that Mark Pierce made over 300,000 dollars in [the past] 3 years for not doing no work (meaning doing policing work) while my son was suffering and still is suffering is not fair," Chambers wrote.
CBC News has reached out to Halifax Regional Police to inquire about Pierce's employment status, but has not yet received a response.
For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.
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