Thunder Bay police unlawfully arrested First Nations man: provincial watchdog

Apolice service currently facing a systemic racism investigation unlawfully arrested a First Nations man who happened to be carrying the wrong brand of coffee cup at the wrong time, according to Ontario'sprovincial police watchdog.

The Office of the Independent Police Review Director (OIPRD)released its decision on May 24 substantiating Samuel Pervais's complaint over his Jan. 21, 2017, arrest by Thunder Bay police.

Pervais, a member of Fort William First Nation, was walking nearby with a Robin's Donuts coffee cup shortly after police received a complaint from the coffee shop.

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Two Thunder Bay police officers arrested and handcuffedPervais even though he did not match the description of a suspect given to the 911 dispatcher.

The OIPRD concluded that Thunder Bay police did not have a legal basis to arrest Pervais, according to the decision by Sylvana Capogreco, OIPRD deputy director.

Capogreco also found that the misconduct was "of a less serious nature."

The OIPRD is currently reviewing dozens of Thunder Bay police cases dating back to 1990 as part of a sweeping investigation into allegations of systemic racism against Indigenous Peoples.

Sen. Murray Sinclair is also leading an Ontario Civilian Police Commission investigation of the Thunder Bay police board.

Pervais said he wants an apology from police for the "trauma" the incidentcaused him.

"I didn't ask for it. I was walking down the street being a common person," said Pervais in an interview with CBCNews.

"Maybe I was racially profiled;I don't know what goes on in their heads."

Thunder Bay police said it doesn't "comment on any ongoing complaints."

Server calledpolice

The incident unfolded after a server at Robin'sDonutscalled 911 that Saturday morning to complain about a regular customer who had "flipped out at her." The server called 911 to askpolice to give the customer a no-trespassing notice to prevent him from returning.

The server described the customer as being in his50sand wearing a baseball cap, old pants and ajeanshirt.

Pervais, who was walking near the coffee shop with a Robin'sDonutscoffee cup, said he never wears a ball cap and had a jacket on that day.

Written findings of the watchdog said thattwo officers,Const. MattHanchuckandConst. KenOgima,responded to the call separately.

HanchucknoticedPervaiswalking with the Robin's cup and moved to intercept him.Pervais, who was on his way to an appointment, said in an interview with CBC Newshe was surprised by the aggressiveness of the officer who used his cruiser to block his path.

The report said that Pervaisrefused to give his name and co-operate.Hanchuckthen calledOgima, who was at the Robin'sshop, to say he had the suspect and that he wasbeing unco-operative.

Pervaiswas then cuffed and put in a cruiser and taken to the Robin'sshop where the server told the officers they had the wrong guy.

Pervais, who suffers from post-traumatic stress disorder, was then hit by a panic attack andtaken to hospital by ambulance.

Thunder Bay police absolved officers

The Thunder Bay police's own internal investigation absolved the two officersof any wrongdoing. Itdetermined the two officers had grounds to arrest Pervais, who initially refused to co-operate and identify himself, under the provincial Trespass and Property Act.

"If you make a mistake, own up to it instead of trying to cover it up with the Trespass Act," said Pervais.

TheOIPRDhas given the Thunder Bay police three options: resolve the matter informally withPervaisand the two officers,deal with it through an informal disciplinary process or take it to a hearing.