RCMP officers cleared by ASIRT in arrest of prominent Alberta First Nations chief | CBC News

Alberta’s police watchdog says there’s no evidence an offence was committed when Mounties used force to arrest Athabasca Chipewyan First Nation Chief Allan Adam outside a Fort McMurray, Alta., casino in 2020.

In a decision released Thursday, the Alberta Serious Incident Response Team (ASIRT) concluded the two RCMP officers under investigation were lawfully placed and had acted properly during the violent arrest. 

The written decision by executive director Michael Ewenson concludes there was nothing to suggest racism played a part in the encounter.

In March 2020, Adam was leaving a Fort McMurray casino with his wife and niece when an officer pulled up behind his vehicle. The truck had an expired licence plate.

Adam became agitated and swore at the officer. The officer called for backup. Adam adopted a fighting stance twice during the interaction, once after the officer took hold of Adam’s wife’s arm to arrest her for obstructing a police officer.

According to the ASIRT report, the officer approached Adam, took a hold of his left arm, and told him he was under his arrest.

Adam tried to pull away and appeared to have his right hand clenched in a fist, according to the report.

Another officer arriving at the scene charged and hit Adam’s upper chest, taking him to the ground. While Adam was on the ground, the second officer punched him in the head.

Adam accused police of beating him and targeting him for being First Nations. He has said he would not have been subject to such violence for having expired registration were he not a member of a minority group.

Adam was initially charged with resisting arrest and assaulting an officer. The charges were later dropped.

Edmonton defence lawyer Brian Beresh, who represented Adam when those charges were working through the courts, said in an interview Tuesday that ASIRT’s findings are unacceptable.

“The attorney general had most of the information that ASIRT had. How could it be that the top chief enforcement officer in this province decides charges are not warranted but when we look at how those charges came about, ASIRT decides there shouldn’t even be a trial?” he said.

“This does not enhance the credibility of the police with First Nations groups or Métis groups or minorities.”

He criticized the police watchdog and reiterated the need for an independent investigative agency.

“Police cannot effectively investigate the police because, as we see in this case, they simply accept what the police officer said without question.”

The ASIRT report notes neither Adam or his wife complied with their investigation, as was their right.

It analyzed dashcam video from the officers’ vehicles and spoke with witnesses. Both officers attested Adam’s race did not play a part in the encounter.

The report said Adam could have been found to be uttering threats, committing assault and obstructing a peace officer during the encounter.

“[Adam] believed he was treated differently by the officers due to his race,” Ewenson wrote in his conclusion. 

“He is obviously entitled to his personal beliefs however there is nothing in the available evidence that documents any overt language or conduct by the subject officers that would suggest racist treatment.”