An impaired driving arrest in February resulted in a Yellowknife man being sent to hospital with a fractured rib, the court heard during a sentencing hearing for the 31-year-old on Monday.

In the early hours of Feb. 18, Yellowknife Mounties forcibly removed Randy Allen from a car that had been reported stolen in front of the Salvation Army.

Allen, who was described in court as being heavily intoxicated at the time of his arrest, was taken to the ground, searched for weapons and handcuffed. At times during his arrest, the court heard, Allen was SA国际影视传媒渓impSA国际影视传媒� and SA国际影视传媒渇alling in and out of consciousness.SA国际影视传媒�

He spent a night in cells before being taken to hospital by with a fractured rib, which he sustained during the takedown and arrest.

Injury SA国际影视传媒榪uite significantSA国际影视传媒�

AllenSA国际影视传媒檚 lawyer, Jessi Casebeer, called the injury SA国际影视传媒渜uite significant.SA国际影视传媒�

ItSA国际影视传媒檚 not the first time Allen sustained injuries as the result of an arrest.

Casebeer later told Yellowknifer her client was slammed to the ground by Yellowknife officers in September after responded to a complaint Allen was causing a public disturbance in front of a city shelter. She said he was left with a black eye as a result of the takedown. Allen was subsequently charged with assaulting a police officer after Casebeer said he spat at an arresting officer while on the ground.

Casebeer and Allen took the matter to trial, but a judge ruled the arrest was lawful and that Allen had been resisting arrest.

On Monday, Allen received a 120-day jail sentence and a three-year driving ban for the Feb. 18 offence after pleading guilty to impaired operation of a vehicle, his third conviction for the same offence.

Dash cam doesnSA国际影视传媒檛 capture arrest

Casebeer told Yellowknifer she requested the dash cam footage related to the incident, in which Allen was injured, as disclosure for the case. But the video she viewed did not capture the arrest or the injury.

SA国际影视传媒淭he video started after they had arrested Mr. Allen,SA国际影视传媒� stated Casbeer in an email to Yellowknifer. SA国际影视传媒淚 was not informed, and I did not ask directly, why the arrest itself wasnSA国际影视传媒檛 recorded,SA国际影视传媒� she added.

Yellowknifer has asked why the dash cam did not record the arrest, and is awaiting a reply.

As a defence lawyer, Casebeer stated it can be frustrating trying to address injuries sustained by clients during police encounters because there is little recourse to do so during clientsSA国际影视传媒� criminal proceedings.

Casbeer stated SA国际影视传媒渆ither the forced used was so excessive that it merits a stay of proceedings through a Charter application (which is a high burden), or the Judge can take it into account in sentencing.SA国际影视传媒�

But in cases where judges do not consider the force used when sentencing an offender, or, in AllenSA国际影视传媒檚 case where a mandatory minimum is required - a third impaired driving offence now carries a mandatory 120 day jail term and a three-year driving ban - those scenarios donSA国际影视传媒檛 SA国际影视传媒渞esult in any remedies for the client,SA国际影视传媒� wrote Casebeer.

Prosecutors can also direct a stay of proceedings in cases of excessive force, but the force used would SA国际影视传媒渉ave to be excessiveSA国际影视传媒� to breach an accusedSA国际影视传媒檚 Charter rights, stated Casebeer.

The Criminal Code says police officers cannot use excessive force that is SA国际影视传媒渋ntended or is likely to cause death or grievous bodily harm,SA国际影视传媒� unless an officer believes on reasonable grounds itSA国际影视传媒檚 necessary to do so for self-preservation and the protection of others.

Alternative avenues for clients whoSA国际影视传媒檝e been injured during police encounters, including making a complaint through the process or suing the , are both SA国际影视传媒渧ery lengthy,SA国际影视传媒� processes,SA国际影视传媒� stated Casebeer.

SA国际影视传媒楢 very sad caseSA国际影视传媒�

Casebeer told the court Allen, who grew up in Nunavut, has been struggling with alcohol abuse since an apartment fire in the fall left him homelessness. Since then, she said, Allen has bounced from sleeping on the street to staying at the Salvation Army.

SA国际影视传媒淚tSA国际影视传媒檚 a very sad case,SA国际影视传媒� said Judge Brian Bruser in NWT territorial court.

Allen was also sentenced Monday for a mischief charge after the court heard he smashed part of the Sobering CentreSA国际影视传媒檚 front door in early February. He received 30 days for the offence on Monday, leaving him with a total jail sentence of 150 days, followed by one-year probation.

With credit for time spent in remand custody, 27 days, Allen will have about 2.5 months left to serve.

Lawyer calls for shift in culture, more oversight

Casebeer stated she understands the are often put in dangerous situations they need to be able to respond to.

SA国际影视传媒淭hat being said, it is hard to have clients whose behaviour is criminalized and then are badly injured during the arrest,SA国际影视传媒� she stated.

SA国际影视传媒淚 do see issues where I see individuals are repeatedly treated with more force than necessary, but not necessarily enough force to meet the legal tests for a Charter application,SA国际影视传媒� added Casebeer.

SA国际影视传媒淚 would say there needs to be a culture shift within the and a more transparent oversight process for officers.SA国际影视传媒�

In December, following an external investigation, Yellowknife were cleared of any wrongdoing after a man sustained fractured ribs during a 2017 encounter with police in cells.

Edmonton Police Services, the law enforcement agency tasked with conducting third-party reviews on NWT files, ruled the force used by officers was "necessary and reasonable."