Family of mistaken arrest victim hires lawyer as police response falls flat

The family of an Ottawa man who was shocked with a stun gun, beaten and arrested by police — then later released in a case of what the force called "mistaken identity" — has hired a lawyer to explore a possible resolution with the city.

Personal injury lawyer Anthony Mineault said while a dialogue has started between 27-year-old Kane Niyondagara, the City of Ottawa and the Ottawa Police Service (OPS), the process is "still in its infancy."

Niyondagara "wishes to provide the city and OPS an opportunity to address the issue privately," Mineault said in a text message Friday.

Ottawa police officers pursued Niyondagara, a permanent resident originally from Burundi, last month after someone misidentified him as a suspect wanted in a recent homicide.

Niyondagara had no connection with that case.

Niyondagara previously told CBC he followed police orders to put up his hands, but he didn't understand why officers were yelling for him to get down on the ground and instead fled out of fear.

Officers chased him, then shocked him with a stun gun before pinning him to the ground, punching and kicking him near his home in Orléans.

Last week, OPS said in an email response that it "sincerely regrets the stress and fear caused to Mr. Niyondagara and understands the impact this event has had on his life and on community trust."

The statement came after several Black community leaders spoke out against the incident, accusing OPS of racial profiling. 

Niyondagara's mother, Ernestine Mosozi, said police efforts to reach her son have been clumsy, including a Facebook message from a private individual's account seeking his contact information that was rife with spelling errors.

OPS did not respond to an inquiry about whether that message was officially sanctioned.

The official statement from police didn't satisfy the family either.

"I found that the response is not an apology but rather a regret," Mosozi said in a text message.

She said the family has hired Mineault to represent them and has asked that all future communications from OPS go through him.

OPS seeks meeting with Burundian group

Police are also reaching out to the Burundian community, according to Martine-Rita Sabushimike, president of the Alliance des Burundais du Canada.

Sabushimike said OPS has offered a meeting with Chief Eric Stubbs. While she's not ruling one out, for now she's focused on how the alliance can support Niyondagara and his family.

She said she sees little use in discussions with OPS when trust has been so badly shaken.

"Unfortunately, we have yet to receive a formal apology or meaningful acknowledgement of wrongdoing from the Ottawa police, which is essential for rebuilding trust and fostering accountability," she said. 

"Our willingness to participate in discussions is contingent upon the Ottawa police demonstrating a genuine commitment to addressing systemic issues and enacting meaningful reforms."

Sabushimike said the community has been disappointed before.

She said she's spoken with young Burundian-Canadians who feel like they're a target whenever they walk down the street.

Black people make up a disproportionate share of the subjects of police use of force, according to OPS self-reported statistics. Sabushimike is calling for better training and sanctions for officers involved in Niyondagara's arrest.

"How many times do we have to sit together for a change?"

Police give their account of Niyondagara's arrest

In their official statement last week, police also provided their most detailed account so far of what happened on Feb. 16 after Niyondagara left a Starbucks on Innes Road.

Police said they had received multiple reports from different callers over the previous week that a homicide suspect had been seen at that location. When another report came that morning it "prompted a swift police response," the statement said.

Officers then spotted Niyondagara, who matched the caller's description, according to the statement.

Their decision to chase him after he fled was based on "standard protocols for ensuring public safety when a potentially dangerous suspect is believed to be at large," said police.

Police did not comment on the force they used to arrest Niyondagara, though a paramedic report confirms officers punched him, kicked him and shocked him with a stun gun.

A witness recorded part of the arrest on a video, which shows Niyondagara being kicked and an officer forcing his face into the snow.

WATCH | Part of that bystander's video:

[WARNING: Video contains graphic footage] Kane Niyondagara pinned by police

9 months ago

Duration 0:21

Kane Niyondagara, who is Black, said he was shocked with a stun gun, pinned down, struck in the face and handcuffed before police realized their mistake. Parts of the action were captured on video by a bystander.

"The initial suspicion was based on a misidentification by the community member, not by the police," the statement from OPS said.

"The police's response was initiated by Mr. Niyondagara's decision to flee, a reaction which, under the circumstances, heightened concern for the safety of the community."

OPS said it has reviewed the call and is committed to learning from the incident.

Sabushimike said Niyondagara and his family are disappointed with that explanation.

"The police response, for them, is ridiculous," she said. "They don't believe that [Ottawa police] acted fairly towards Kane, and they want justice.

"They say that they regret it, but they didn't apologize," Sabushimike noted.

'The community is aggrieved'

Hector Addison, executive director of the African Canadian Association of Ottawa and a former member of the OPS community equity council, said the statement isn't enough for the community and in no way justifies the actions of police officers that day.

"The community is aggrieved," he said. "I want the police to be able to know that when they see a Black man, they should not perceive a threat."

The acting general counsel with the Black Legal Action Centre sees the police statement as little more than damage control.

Danette Edwards called it "outrageous" to put responsibility onto the community member who made the call rather than "the violent actions by the police officers involved."

"It does nothing to explain the behaviour of the police officers," she said.

"It does nothing to explain the escalation and violence. There's no apology to the community, so I'm not entirely sure what the intent of this statement was. It's a non-response if anything."