Number of no-knock police raids in Brantford, Ont., in 2022 is 'concerning,' lawyer says

This is the secondstory in a two-part CBC Hamilton investigation into how police in Brantford, Ont., execute no-knock raids. Read the otherstory, how one raid went wrong, here.Have you been the target of a no-knock raid? Tell us about it in ourquestionnairebelow.

Police officers clad in tactical gear and armed with rifles burst open a door by surprise and throw a flash grenade before moving swiftly to track down a target or find drugs and guns.

It sounds like a scene out of a movie, but is one that plays out every day in Canada and new figures, obtained by CBC Hamilton through a freedom-of-information request, show those no-knock raids are happening at an increasing rate inBrantford, Ont.

No-knock raids, also called dynamic entries, are supposed to be rare. By law, officers usually must knock on someone's door, identify themselves as police, and wait for someone to answer before executing a search warrant.

Police services say no-knock raids are only used if there's a higher risk of danger or the potential destruction of evidence.

But they've been on the rise across the country, including locally in Hamilton and Halton and now Brantford.

New statistics from Brantford Police Service (BPS) show its officers carried out 23 no-knock raids in 2022, more than any other year since at least 2019.

The figures show there were two possible injuries resulting from the raids, including whena suspect faced a minor injury in 2020 and an"allegation of injury" by a member of the public in 2022 a reference to when police raided the wrong home in September.

The Office of the Independent Police Review Director (OIPRD) issueda report about the 2022 incident, obtained by CBC Hamilton, which recommended BPS change its policies on these kinds of raids.

Mike Smitiuch, the lawyer representing the family who were wrongfully raided, said there needs to be more oversight and transparency about the no-knockraids.

"Even if you have the right location, things can go wrong very quickly," he said.

Policing researchers have alsopreviously called for more accountability and openness, but police services and officers have defended the use of dynamic entries.

Why were there so many no-knock raids in 2022?

BPS initially accepted an interview request and offered up the deputy chief for the story, but later said it was unable to accommodate an interview.

The data shows there were 17 no-knock raids in 2019, which fell to 12 in 2020 and seven in 2021.

BPS spokesperson Robin Matthews-Osmond said in an e-mail the drop was due to a number of factors including the pandemic, changing types of calls for service and joint operations with other police services.

"The data indicated a trend downwards as officers are trained to employ effective de-escalation techniques and tactics," she wrote.

But the next year, 2022, saw over three times as many no-knock raids, with a total of 23.

Matthews-Osmond attributed the jump to the opioid crisis and an "influx" of serious gun violence from the Greater Toronto Area.

She said the number of incidents involving people who were armed or thought to be armed "continued to grow" last year, too.

Matthews-Osmond added there has been an "increase in more complex crime," though did not elaborate further.

She also said the BPS high enforcement action team (HEAT) and the tactical intelligence generating enforcement and response unit (T.I.G.E.R) have been "immensely successful."

The T.I.G.E.R unit seized $2.3 million in illegal drugs and nine guns last year, according to the service. The unit also laid 54 charges under the Controlled Drugs and Substances Act and 78 criminal charges.

Matthews-Osmond said there weren't stats "readily available" for arrests and convictions resulting from 2022's no-knock raids.

BPSalso didn't answer questions about how many wrongful raids there have been, what changes have been made in the police service since the 2022 wrongfulraid and what the service has done for the family since the raid.

The service said at the start of any tactical operation, the first option considered is always the "knock and announce" method where theyknock on the door and announcetheir presence.

"BPS would like to assure residents that our members are actively committed to protecting the rights of all persons and strive to demonstrate the highest possible degree of personal and professional integrity in the performance of duties," she wrote.

"Dynamic entry tactics can be a safe, effective, and appropriate option under certain conditions and are only utilized when determined by intelligent planning to be the most appropriate option."

Police oversight body has concerns about raids

Smitiuch said the police service's explanation doesn't add up and its use of no-knock raids is "concerning," especially when looking at the difference between the number of raids in 2021 and 2022.

"There's been such a substantial rise I can't imagine circumstances being that different when comparing the two years," he said.

Smitiuch said he also has questions about the police service's policies and procedures related to dynamic entries, especially given the botched raid his clients faced a mistake that is still traumatizing the family of four, months after the incident.

"It's an ongoing struggle for them the concern is for the children and how the trauma of the dynamic entry has impacted them," he said.

WATCH | When Police Don't Knock

When Police Don't Knock | Broken Honour

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Smitiuchpointed to the OIPRD'sreport which found BPS policies in place at the time of the raid didn't provide detailed information about no-knock raids and high-risk operations.

It referred BPS to an OIPRD letter published in November 2022, outlining concerns about how police are conducting the raids and their policies on the raids.

"Left unaddressed, such deficiencies combined with a lack of understanding by the public, and inability of the police to explain their actions, are likely to result in further public complaints and erode public trust in the police," wrote OIPRD director Stephen Leach.

'You can't undo what happened'

Smitiuch said he understands why police need to use these raids in some cases, but said the 2022incident, plus a raid in 2021 by Toronto police that killed gunsmith Rodger Kotanko in Simcoe, Ont., highlight the risks.

The latter was done at the right address but led to an ongoing $23-million wrongful death lawsuit against Toronto police.

"Two different scenarios but it reinforces the idea of how important it is for the police to get this right," Smitiuch said.

Smitiuch said he hopes the wrongful raid on the Brantford family will prompt the police service and others to make changes to how it carries out the raids.

"In this case, something clearly went wrong you can't undo what happened," Smitiuch said.