Lawyer alleges Durham Region police violently assaulted her, dragged her to cells in Oshawa courthouse
A lawyer says she was left bloody and swollen after multiple Durham Regional police officers allegedly slammed her head on a desk without provocation, ripped off her head scarf and dragged her to the basement cells of the Oshawa courthouse last week.
According to a statement issued by her lawyer, Neha Chugh, defence lawyer Sudine Riley finished a trial late on Friday and was catching up on legal work in an interview room when uniformed officers “challenged her presence” in that room.
In her statement, Chugh said police, who were working as security, slammed Riley’s head on the desk and put their knees on her back and neck, and spoke to her with “rage, disrespect, and contempt.”
She said officers then forcibly “dragged” Riley from the room in handcuffs and took her to the basement cells of the courthouse.
“Her head scarf was ripped off, her skirt was raised when she was handled by officers, and her head was bleeding and her eye swollen from being slammed into the desk,” Chugh’s statement reads.
“She committed no offence other than being a Black woman practising law, being diligent about her commitment to the pursuit of justice.”
Chugh’s statement does not indicate how many officers were involved in the incident.
The Durham Regional Police Service (DRPS) has confirmed to CBC News that it has opened an investigation into an incident that took place shortly after 5 p.m. at the courthouse on Jan. 23.
In its statement to CBC News, DRPS Sgt. Janalyn Dowdle said the service is working with court services to obtain and review all evidence of the incident.
CBC News asked if DRPS would be passing the investigation to another police service, given that the allegations were made against its own officers.
“The allegations arising from this matter are being taken with the utmost seriousness,” reads Dowdle’s reply email.
“DRPS has assigned the appropriate investigative and oversight resources to fully understand the circumstances and determine what further actions may be required.”
Dowdle stated no further information is available at this time with an investigation ongoing.
Lawyers ‘on edge’: advocacy group
While these allegations have not been tested in court, safety concerns have been raised by lawyers who work at the Oshawa courthouse.
Women in Canadian Criminal Defence (WICCD), an advocacy organization of 800 lawyers from across the country, wrote a letter on Sunday to Ontario Court Justice Lara Crawford, the administrative judge at the courthouse, calling for assurance that necessary safety measures had taken place, prior to their members returning to the courthouse this week.
Cassandra DeMelo, a practicing defence lawyer in London, Ont., and president of WICCD, called the situation “bizzare,” and said she took the “extraordinary step” to write a letter to the justice because her group felt it was urgent.
“It’s jarring. It’s put us all on edge,” DeMelo told CBC News in an interview on Tuesday.
Cassandra DeMelo, president of Women in Canadian Criminal Defence, said her members are scared to work at the Oshawa courthouse after the alleged incident took place on Jan. 23. (DeMelo HeathCote)
DeMelo said her request for increased safety measures has been passed off to legal counsel for the Ontario Court of Justice (OCJ) and the Superior Court of Justice (SCJ).
She said the courts are taking the situation seriously, but that WICCD’s request for answers have so far “gone unanswered.”
While an investigation is still ongoing, DeMelo said the incident prompts concerns around lawyers needing to stay late, and what situations they may encounter with security.
Oshawa’s courthouse is open from 8:30 a.m. to 5 p.m. Monday through Friday.
However, DeMelo said, it’s not uncommon for lawyers to stay behind after courthouses close to wrap up work, with it sometimes even being requested by court justices.
She questions whether lawyers will feel comfortable to do that in Oshawa’s courthouse going forward.
CBC News requested comment from Justice Crawford, which was forwarded to the OCJ.
“The safety and security of everyone who works in or attends any courthouse in Ontario is of paramount importance to the Court,” reads a statement from Jason Gennaro, spokesperson for the OCJ.
Calls for independent investigation
CBC News also requested comment from Ontario’s solicitor general, asking if the ministry would step in to shift the investigation to an independent body.
“Given this matter is under an active police investigation, we are unable to provide details,” said Brent Ross, spokesperson for the ministry, in a short statement.
But advocates have suggested it would be inappropriate for DRPS to continue investigating the incident.
Theresa Donkor, a defence lawyer and the director of advocacy for the Canadian Association of Black Lawyers (CABL), said she was “extremely concerned” that there’s been no indication an independent investigation will take place.
Theresa Donkor, a defence lawyer and Director of Advocacy for the Canadian Association of Black Lawyers, is calling for an independent investigation into the incident. (Supplied by Rudnicki and Company Criminal Lawyers)
Donkor said an independent body could help ease concerns of unfairness and bias in an investigation. “Incidents like these call for full transparency,” she said.
Through her lawyer’s statement, Sudine Riley said she would be taking time to heal before figuring out her next steps.
Donkor said CABL stands behind Riley and hopes the situation is handled carefully.
“I understand that these are only allegations at this stage, but once a full investigation is conducted and if the allegations do bear out, there needs to be accountability,” Donkor said.
