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Happy Valley-Goose Bay officer cleared to return to work after filmed arrest of Inuk man

The town's independent investigation found no evidence that a bylaw officer acted outside his role when the officer handcuffed a homeless man and threw him to the ground in October, with the entire event captured on video.

Town says independent investigation found no evidence officer acted outside his role

Modern light green building with flag poles in front of it
The Town of Happy Valley-Goose Bay hired a law firm to investigate the arrest shortly after it occurred, and says that investigation shows the officer was working within the scope of his job. (Town of Happy Valley-Goose Bay)

The Town of Happy Valley-Goose Bay has allowed a municipal enforcement officer to return to work, two months after video circulated of the officer arresting a homeless Inuk man, handcuffing him and throwing him to the ground.

In a brief news release Thursday, the town said the independent investigation into the incident is complete, and that there was no evidence "to support an allegation that the enforcement officer breached any workplace policy or procedure or otherwise acted outside the scope of his authority."

The town, though, did not release the investigation results. In a statement to CBC, it described the issue as a human resources matter that "cannot be made public at this time."

The town engaged law firm Stewart McKelvey shortly after the video of the Oct. 16 arrest of Joseph Tuglavina began being shared on social media, with a lawyer reviewing both witness evidence as well as a 10-minute body camera video from the officer.

Bodycams themselves have been the subject of an ongoing dispute in the town, with the province's privacy commissioner investigating concerns after saying he could not get satisfactory answers from the town about their use. 

The arrest video sparked widespread reaction in Happy Valley-Goose Bay — and in the rest of Newfoundland and Labrador — about the arrest itself as well as a growing problem of homelessness in the town.

A rally held outside council chambers called for action against the officer, with Tuglavina's own family taking part in asking for justice. 

'It was brutal'

Madison Semigak Elson, an Inuk woman and cousin of Tuglavina, says she can't comprehend how the town arrived at the conclusion it did.

"To say there's no evidence from the body camera, I don't understand that part," she said. "The footage everyone saw, it was brutal.… To think that he's just on duties immediately kind of scares me."

Madison Semigak Elson, a cousin of the man in the arrest video, told CBC she feels no justice was done. (Submitted by Madison Semigak Elson)

She's also shocked and saddened by the lack of communication from the town about the results of the investigation.

"I was expecting to get more answers from it," she said. Without knowledge, she added, there's no understanding or growth — both vital components of the healing process for her family.

"Knowing that my cousin went through this, and there was no justice … I would have liked to see better outcomes," she  said.

No formal complaints

Thursday's press release noted Mayor Wally Anderson and the rest of council were unanimous in agreeing with the independent investigation, and that the officer could return to work immediately.

The officer had been placed on administrative duties while the investigation was underway.

In an email to CBC, the town's public relations manager said no complaints about the arrest had been filed to date with the town.

Read more from CBC Newfoundland and Labrador

With files from Rebecca Martel

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