Judge awards B.C. man $60K over police dog bite

A British Columbia man who was bitten by a police service dog four-and-a-half years ago has been awarded $60,000 in damages.

In a ruling issued last week, B.C. Supreme Court Justice Michael Thomas acknowledged that while the RCMP officer and dog handler had "good intentions," he made a mistake by releasing the dog prematurely.

The incident occurred when police were called to the man's home due to a domestic dispute. The man faced charges of assault causing bodily harm, mischief, and threatening to harm his partner's cat, according to the B.C. Prosecution Service (BCPS). However, after receiving new information, Crown counsel determined that the evidence no longer met the charge approval standard and decided to stay the proceedings.

The man subsequently sued the B.C. Minister of Public Safety and Solicitor General, as well as the Attorney General of Canada, claiming assault and battery after sustaining three lacerations on his right forearm in March 2020. The court found that there was "no imminent threat of violence" from the man when the dog was released, though the judge noted the officer’s "integrity" and "pride" in serving his community.

"His job is difficult and requires split-second decisions. However, in these circumstances, he erred by rushing to facilitate a quick arrest when other reasonable options were available," Thomas stated. "By releasing the [dog] when the situation called for further communication and attempts to de-escalate the situation, he erred and acted unreasonably."

The decision described how two RCMP officers were dispatched to the man's home, where they learned of a domestic dispute. The man had allegedly dragged his partner out of bed by her ankles, used a fishing knife to damage her car, and rammed her brother’s truck with his own vehicle. He was also reported to have threatened his partner’s cat and caused further damage in the home.

The man denied the allegations, but the judge deemed his testimony "self-serving and unreliable."

The man pursued civil action after the criminal charges were stayed. The standard of proof in civil trials is lower than in criminal trials. In civil cases, the burden is to show that one side's case is more probable, whereas in criminal trials, guilt must be proven beyond a reasonable doubt.

The man was awarded $40,000 for non-pecuniary damages and $20,000 for loss of past income. His lawyers declined to comment on the decision.

According to the ruling, the police were informed that the man had gone to a backyard barn where he kept his tools. Officers believed he posed a risk of "grievous bodily harm or death" and acted accordingly. One officer drew his service revolver and entered the yard from the east, while the other officer and dog handler entered from the west with the dog.

The man complied with orders to put his hands up and walk out of the barn but did not fully follow commands to get on his knees and lie on the ground. He cited a deep puddle in his way and maintained that everything was "fine." At this point, a gun was aimed at him, and the dog began barking loudly.

The dog handler released the dog without warning less than 14 seconds after entering the yard. The judge commented that "time was not of the essence" and suggested that the officer should have done more to de-escalate the situation.

The B.C. Public Safety Ministry stated that it respects the judicial process and expects police dog handlers to adhere to established standards. The RCMP also expressed respect for the court's decision and had no further comments.