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'Victims shouldn't be in cells,' but arresting Mounties had few options: RCMP boss

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Brendan Burke/NNSL photo. Yellowknife G Division boss Insp. Alex Laporte says he can't guarantee another victim won't be housed in a cell for their safety or the protection of the public, but says he's making every attempt to work towards reducing those incident. May 7, 2018.

Yellowknife Mounties who arrested a victim of sexual assault instead of taking her to the hospital faced limited options, and were acting within their authority and with the safety of the victim in mind, says RCMP G Division boss Insp. Alex Laporte.

In May of last year, 25-year-old Wade Kapakatoak sexually assaulted an intoxicated woman in a downtown alley. Kapakatoak was arrested shortly after the assault. The victim was, too. She  was housed in detachment cells overnight. After a territorial judge slammed the arrest, Yellowknife Mounties opened an internal review, which they made public last week.

None of the involved officers faced discipline as a result of the review.

Laporte, officer in command at the Yellowknife detachment, said the decision was made after the review found the arresting officers weren’t neglecting their duty and that they made no obvious mistakes or committed any criminal acts.

Laporte believes his officers acted by the book and with compassion when they were called to a “fluid” and “unique” situation behind the alley behind Capitol Theatre, where the assault occurred.

“They’re faced with someone who is under the influence, who is uncooperative, a vulnerable person in a vulnerable position. The members involved with this at this time, their mindset is: ‘how can we now provide a safe place for that person?’” said Laporte.

Expressed consent, Laporte said, is needed from police before the officers can transport a victim to the hospital. With this particular victim of sexual assault, consent wasn’t given, leaving Mounties will little options, he said.

Under the Liquor Act – used to arrest the intoxicated victim in May 2017 – Laporte said his officers are within their authority to arrest or detain victims and others if “we have concerns for their well-being and safety ...  as insensitive as that appears.”

“We get it. We get that victims should not be in cells,” said Laporte. “(Officers) made the decision that the best place for that person to rest, be monitored and be safe was in a police cell in our custody here.”

Laporte stressed the last resort practice is not meant to be punitive, but rather to provide a safe space for vulnerable members of society, when all other avenues, including the Day and Sobering Centre, the hospital and Street Outreach program, have been exhausted.

But the division’s top boss can’t guarantee a similar incident won’t happen again.

“I can’t guarantee it. All I can say is that ... we are better equipped now in Yellowknife with social initiatives in place for our officers to solicit the support for the benefit of that person,” he said.

“But we’re making every attempt for this not to happen and we have demonstrated this in our positioning for years now,” said Laporte.

Asked whether whether there is a problem with the culture – a criticism made by MLA Julie Green to CKLB – among the ranks, Laporte said he has confidence in his officers.

“We are accountable, I hold people accountable. We have a group of police officers in Yellowknife who are servicing this community with great compassion and respect and  we’re proud of this, I’m proud of this,” said Laporte.