An Alberta Serious Incident Response Team (ASIRT) investigation into the arrest of a 13-year-old pro-Palestine protester in November of 2023 has cleared officers of claims that they used disproportionate force.
Body-worn camera video captured by arresting officers showed that on Nov. 24, 2023, the youth spat on a mounted bike unit officer who had responded to the closure of 4 Avenue SW by a splinter group of protesters who broke away from a peaceful protest at Calgary City Hall.
ASIRT, in its investigation, spoke to the youth, along with the youth’s father, along with officers from CPS. The investigation also included body-worn camera (BWC) footage taken by officers and from protesters.
Claims that the youth was arrested for his statements against police, which included repeatedly calling officers “fucking pussy ass bitch,” were not corroborated by video evidence. The BWC video showed that the youth was arrested after he spat on an officer, despite initially claiming that he did not do so.
Further claims that Calgary Police Service officers struck the youth with batons during his arrest, and that his head and legs were stepped on by police were refuted by body-worn camera evidence.
“The [Affected Person’s] description of the way he was taken to the ground, how he landed, and police actions while he was on the ground are not entirely consistent with what was seen on the videos,” wrote ASIRT.
The investigation by ASIRT also found that the concussion that the youth suffered as a result of his arrest was likely due to the youth striking his head against another protester who was also being arrested by officers.
“The [Affected Person] had what appeared to be a hard collision with another volatile arrestee who crossed his path while being escorted to the southeast side of the intersection. At the time of the collision, the AP’s head was facing downward and his forward momentum propelled him head-first straight into the flank of that arrestee. After the collision, he continued moving forward with his head down and he ran straight into the chest, and BWC, of [Subject Officer] before going down to the ground,” wrote ASIRT.
“From a review of the video, when the AP was taken to the ground, he did not appear to land with any remarkable degree of force. He was observed bending over and squatting at the knees before falling the remaining distance onto his right side, with the right side of his face coming to rest on the snow. The lack of any other facial injury further supports that no other part of the AP’s face hit the ground notwithstanding that the AP suggested otherwise.”
The ASIRT report found that officers used reasonable force in arresting the 13-year-old for assault, and were authorized by law to use the force that they did during the arrest.
“After careful review, it was determined that SO3 did not use any force against the AP. The uses of force by SO1, SO2, and SO4 were proportionate, necessary, and reasonable. As a result, there are no reasonable grounds to believe that an offence was committed,” wrote ASIRT.
Protesters closed down Reconciliation Bridge and 4 Avenue on Nov. 26, 2023, following the arrest.
