Alleged victim upset after Regina cop charged with assault referred to alternative measures

A man who says he was assaulted by a Regina police officer calls it absurd and upsetting that the officer is back on operational duty and has been referred to an alternative measures program. 

Cpl. Colin Magee, an experienced member of the Regina Police Service, was charged with common assault after an investigation by the Public Complaints Commission into a December 2016 incident where he allegedly used excessive force.

It is alleged that Magee assaulted James Escamilla, who was 25 at the time, while arresting him for obstruction of justice during an investigation into a possible theft. He was never charged. 

Escamilla, who now lives in B.C. almost two years later, says he is frustrated. 

"None of this should have occurred. Absolutely none of this should have occurred," he said.

Escamilla said he learned a few months ago the case was being referred by the Crown to the Regina Alternatives Measures Program (RAMP), an independent non-profit restorative justice program that deals with offences outside of the regular court process. 

RAMP's executive director declined an interview, but according to its website: "The process is designed to help bring closure for victims and to give offenders a chance to be accountable for their actions."

It says the goal is for all parties to reach an agreement, with the alleged offender committing to do specific actions which could include a verbal apology, payment to a victim, going through counselling and doing community service. 

Man worries officer will have 'no actual repercussion'

Escamilla said he wants to see the case handled through typical court proceedings and intends to send that message when it comes time for a sit-down facilitated by RAMP. 

"If he comes in and says like, 'I'm sorry,' it's done. He will have no actual repercussion." 

There are different criteria for an offender being allowed to participate in the alternative measures program, including them taking responsibly for their behaviour and not having a record of similar incidents. It is not required that the alleged victim consent or participate.

Violent offences are excluded if the Crown deems it an indictable offence rather than a summary one. 

Accepting responsibility doesn't mean guilty in court

Accepting responsibility does not equate to a guilty plea nor require one, according to a Saskatchewan Courts communication officer. 

Dawn Blaus also said if someone completes the program it does not go on their criminal record. A case will return to the courts only so a judge can see the program has been completed, she added.

Alternatives measures is not an easy way off, says expert

Hirsch Greenberg, who teaches justice studies at the University of Regina, challenged the notion alternative measures means an offender is skirting a potentially tougher punishment through the courts. Greenberg sits on RAMP's board, but does not have direct knowledge of the case. 

"It's not an easy thing to sit there and say in front of a whole bunch of folks, 'I messed up.' " Greenberg said.

"If you think about it, would you be willing to sit there and admit to the worst thing you've ever done in front of a whole bunch of folks? Strangers?"

Greenberg said the power differential between an offender and victims is addressed through the alternative measures so the complainant is not confronting the alleged perpetrator without supports.

Police officers are 'not super heroes'

Police officers who act outside the law are not excluded from the process, he explained.

"They're not super heroes," said Greenberg.

"They're human beings that have extraordinary authority compared to the everyday citizen, but they're still human beings."

He said police officers can learn from going through the restorative justice process. For example, Greenberg said perhaps next time an officer who had personal experience with alternative measures would be more open to referring a youth to such a program before laying a charge, which is allowed. 

Ministry encourages victims to participate in process

The Ministry of Justice does not comment on specific cases that are before the courts. 

The ministry encourages victims to participate in the alternative measures process, citing how are they often satisfied with the experience and how more than 90 per cent of the mediation agreements struck between victims and offenders are completed successfully. 

"Anytime you can move something from a court framework that makes sense to an alternative measures program where there's a rectification of the situation, I think that make sense," said minstry spokesperson, Drew Wilby, who added some cases should move through the regular court process and that is up to the Crown and alternative measures program to decide.

In 2017-18, more than 3,600 adult and youth offenders in Saskatchewan went through restorative justice services. 

Magee agreed to go through the alternative measures process, according to his lawyer Aaron Fox. 

Case referral means officer is back on duty

Regina police spokesperson Elizabeth Popowich confirmed Magee is still an employee with the Regina Police Service. He was initially assigned to administrative duties after the charge was laid, pending the outcome of the criminal process and an internal investigation under the Police Act.

Escamillia calls the fact Magee is back on duty "absurd."

Popowich said in a statement that Chief Evan Bray moved Magee to an operational role in Police Headquarters after the case was referred to RAMP.

"That is within the Chief's authority as head of the Police Service," Popowich said. 

Popowich confirmed Magee's role has him interacting with members of the public who have been arrested.

"This sort of arrangement is not prohibited in legislation, nor is it a unique situation," Popowich wrote.

She went on to clarify that the job is not specifically designated for officers facing discipline or investigation.

"It's a position, like any other within our Service, that requires police officers to staff it," she wrote.

-With files from the CBC's Adam Hunter