After Brantford police raid wrong home, Ontario watchdog recommends changes

This is the firststory in a two-part CBC Hamilton investigation into how police in Brantford, Ont., execute no-knock raids. Read the second story, on the increasing number of raids, Saturday.Have you been the target of a no-knock raid? Tell us about it in ourquestionnaireat the end of this story.

The Office of the Independent Police Review Director (OIPRD) is recommending Brantford Police Service (BPS) make changes to its policies after officers looking for drugs raided the wrong home in September, 2022.

The police watchdog's report dated July 5, obtained by CBC Hamilton, describes the botched raid in detail and found two sergeants didn't act in bad faith but neglected to properly do their jobs.

The 90-page report also says it's up to Brantford police Chief Rob Davis to determine if the misconduct was serious enough for a disciplinary hearing or if it'll be dealt with in-house.

BPS declined an interview requestandsharedan e-mailed statement from Chief Rob Davis.

Davis saidhe can't comment on specifics of the case since the OIPRD process hasn't ended, but said there are "always opportunities to learn and improve operations and how we serve the public."

Mike Smitiuch, the lawyer representing the family who were wrongfully raided, told CBC Hamiltonthe OIPRD's findings highlight the trauma the family faced and the importanceof gettingraids right.

'We got the wrong address?'

Shauna McDonald and Michael Kelly were in their downtown apartment, with their seven-year-old son and 13-year-old daughter on the evening of Sept. 8, according to the report.

That's when they heard a loud bang, saw the front door swing open and saw a flash grenade fly into the room.

Then a group of officers dressed in tactical gear and armed with rifles flooded into the home.

It's called a no-knock raid, also known as a dynamic entry. It's supposed to be rare, as the law states officers are generally supposed to knock, announce their presence and wait for someone to answer before executing a search warrant.

Police say they use no-knock raids if there's a higher risk of danger or the potential destruction of evidence.

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In the report, McDonald and Kelly say officers detained them and separated them from their kids.

They say police wouldn't tell them what was happening. Kelly says an officer kicked him in the head and the family says their daughter was handcuffed, but the OIPRD said there wasn't sufficient evidence to corroborate this.

The officers search the unit but find nothing and then McDonald reports hearing an officer say, "You've got to be f***ing kidding me. Seriously, we got the wrong address?"

They say they were eventually shown the warrant and received an apology before the officers left.

How the mistake was made

Police officers interviewed in the OIPRD report explain the raid was part of Project Viking, a mission by the BPS Tactical Intelligence Generated Enforcement and Response (T.I.G.E.R) Unit.

They said the unit spent months investigating drug trafficking and identifying targets and vehicles.

On the day of the raid, a judge granted police authorization to execute two raids.

Police say they decided on no-knock raids because of the suspects' criminal histories, the potential presence of gunsand the potential destruction of evidence.

Upon reflection, the officers mention how the layout of a parking garage contributed to the confusion.

It connected two separate buildings and in the end, police raided an apartment in the wrong, but identical-looking building with the same unit number.

The OIPRD concluded a "lack of information" from supervisors, as well as a lack of signage in the garage and the nature of the raids led to police going up the wrong stairwell and making the error.

The unit police planned on raiding was supposed to be vacant, officers said in the report.

Officers also said in the reportBPS has implemented new procedures to avoid any future botched raids. The report did not provide details about the new procedures.

OIPRD and family suggest change topolicies

The OIPRD said the incident was "undoubtedly traumatic for the complainant and her family especially her two children."

It also said BPS policies in place at the time didn't provide enough details to officers on how to executeno-knock raids and high-risk operations.

The OIPRD referred BPS to a November 2022 letter with concerns about how police are conducting no-knock raids.

The letter said an OIPRD review of raids found issues with some Ontario police services including:

• A lack of a clear approval process for departing from the "knock and announce rule."
• Lack of emphasis that departing from knocking and announcing should be the exception to the rule.
• Unclear guidelines for record keeping or documentation of the process, with some officers not documenting why they executed a no-knock raid.
• Police officers were unable to articulate to the public why they did a raid.

"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 in the letter.

The letter listed recommendations for police services, including reviewing their policies and developing policies that include:

• Only departing from the "knock and announce" rule only occurs in emergency situations.
• The requirements before departing from the "knock and announce" rule (like the approval process and what information officers need to depart).
• The need for a documented plan and risk assessment before executing all search warrants.
• The reporting requirements after the execution of a search warrant.
• Providing information to occupants of residences to help them understand why there was a raid (while keeping in mind investigative and privacy concerns).
• Potential tracking of how many raids take place, how many lead to arrests and seizure of evidence and injuries sustained.
• Potential periodic training for officers about Charter obligations related to executing search warrants.

Davis, Brantford chief of police, told CBC Hamiltonin anemailed statement BPS"consistently" reviews and changes its policies, procedures and training to align with current case law and best practices.

"Brantford Police Service 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," he wrote.

Smitiuch said he hopes the findings will prompt a review and changes within the police service.

"That's what the family was hoping to get out of this because they can't turn back the clock, the harm has already been done," he said."But they hope the harm is not done to anyone else."