A retired judge has upheld a misconduct complaint leveled against a Saanich police officer by a cyclist who objected to being stopped and forced to supply identification.
Former Appeal Court justice Wally Oppal wrote that the conduct of the Saanich constable arresting Andrew McLean appeared to be an “abuse of authority.”
In a report for the Office of the Police Complaint Commissioner, Oppal said he is prepared to offer a hearing to discuss possible discipline or corrective measures, noting he is considering verbal or written reprimands or the requirement of specific training.
McLean, a 35-year-old father of three was cycling home from work, about 10:30 p.m. on Jan. 19, 2016, when he was stopped on McKenzie Avenue near Cedar Hill Cross Road. The police officer demanded his identification.
Instead of handing it over, McLean asked why it was needed. The officer said an arson was being investigated.
When McLean asked if he was a suspect, he received no definitive reply. Instead, the officer responded he was stopping everybody, which as far as McLean was concerned made the whole request arbitrary and he refused.
The officer said McLean would be arrested for obstruction unless he complied. McLean was handcuffed and forcefully taken to the ground.
The encounter was recorded on McLean’s cellphone, and Oppal used a transcript in his report.
McLean, who shared his unredacted copy of Oppal’s report with the Times Colonist, said he felt vindicated by Oppal’s ruling.
He said he would like to see discipline that is consequential and signals that the conduct was abusive and cannot be tolerated, but doesn’t want the officer to be fired.
“Training is good, but it should be ongoing,” McLean said. “That’s not punishment.
“There needs to be some consequence if nothing else to tell other cops ‘you don’t behave this way.’ ”
Saanich police issued a statement saying the force has full confidence in the process and noted that it has not been fully completed yet.
McLean, who is a libertarian, said his political beliefs have nothing to do with his pursuit of the complaint.
“It’s not that I’m a libertarian because of the complaint, or I made the complaint because I’m a libertarian,” he said. “Everybody of every political stripe should be supporting civil liberties.”
Also, on a personal level, McLean said the whole thing would not have gone to a formal complaint process if there had just been an apology, something he said he made clear early on.
“If he had just said, ‘You know what, I screwed up and I’m sorry,’ I would have just said, ‘Thanks for apologizing,’ and moved on.”
