MHPS vs Charter - Kelly’s Medicine Hat Police Complaint

Complaint Against Medicine Hat Police Officers

Chief Alan Murphy                                                     Inspector Joe West
SSgt Darcy Brandt                                                     SSgt Cory Both
Unnamed Person (Female)  Who Answered the Red Phone

1. I am a journalist working for Community TV/ The Trash Panda.  I am on the Court Accredited Reporter List in Alberta which means that unlike the public I am actually permitted to record audio inside a courtroom.
   

2. On Tuesday October 8 2024 at the Medicine Hat Police Station I witnessed three thugs in police uniform assault a journalist, namely Thomas Fougere (founder and CEO of Luminos Productions O/A Community TV/ The Trash Panda) at the behest of Medicine Hat Police Chief Alan Murphy in violation of the Canadian Charter of Rights and Freedoms, to wit, a Free Press. There were about 30 members of the public in the room, who are witnesses to the events of that evening.
    

3. Freedom of the Press is a Fundamental Freedom enshrined in The Canadian Charter of Rights and Freedom.
   

4. Section 2 of The Canadian Charter of Rights and Freedom says
   Everyone has the following fundamental freedoms:
   a) freedom of conscience and religion;
   b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
   c) freedom of peaceful assembly; and
   d) freedom of association.
   

5. Since the media are an important means for communicating thoughts and ideas, the Charter protects the right of the press and other media to speak out. Our right to gather and act in peaceful groups is also protected, as is our right to belong to an association like a trade union. These freedoms are set out in the Charter to ensure that Canadians are free to create and express their ideas, gather to discuss them and communicate them widely to other people. These activities are basic forms of individual liberty. They are also important to the success of a democratic society like Canada. In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems. (source of the above - Guide to the Canadian Charter of Rights and Freedoms - Canada.ca)
   

6. I am not submitting the complaint against the three officers who assaulted Fougere to the police chief as he was the one directing these officers.
   

7. I am angry and dismayed at the violence I witnessed performed by police officers who are supposed to Protect and Serve. I no longer feel safe in the presence of these police officers. I have police officers in my family, I cannot imagine them ever doing what happened that night.
   

8. First of all, I want to address why journalists do not leave public spaces when they are politely asked to go. Our job is to hold entities and people accountable. If we meekly walked away with our tails between our legs every time someone asked us to go, it would be far too easy for governments, police and evildoers to hide their misdeeds. Our right to record a public meeting in a public place is enshrined in the Canadian Charter of Rights and Freedoms as indicated above.
   

9. The Oct 8 Meeting was of Public Interest
    

10. The meeting subject was of intense interest to the Residents of Medicine Hat. The public has been complaining for months about public drug use, violence, drug poisonings, thefts, loitering and damages surrounding the Mustard Seed shelter locations. The Mustard Seed took over operation of the overnight shelter in April 2022. The Allowance Avenue daytime shelter opened Nov 1 2022. This is of public interest to the entire city and it is inappropriate to try to hold a secret meeting. If the agency that is supposed to deliver the services (namely the Mustard Seed) does not do their job properly, it affects placement of future social services. If the community is unaware of the issues these issues will just come up again in a new neighbourhood.

11. Global News Lethbridge picked up the story, Community TV/ The Trash Panda is the only media outlet who has picked it up in Medicine Hat.
    

12. The Events of the Night of October 8 2024 at
    the Medicine Hat Police Station
    

13. Fougere and I attended a public meeting at the police station in the community boardroom.
    

14. This meeting was held between
    
    - members of the Medicine Hat Police Service
    - three representatives of the Mustard Seed (which is contracted to provide shelter services) and
    - residents of the affected areas who had complained about the unhoused, public drug use, theft, public drug poisonings, violence, loitering, etc.
    

15. I own a property near the Mustard Seed daytime shelter as does my youngest child. Fougere is also a homeowner in the area; he’s made dozens of calls to the police regarding people in his yard using drugs, stolen items etc. He even responded to save a person who was suffering from a drug poisoning. Another one of my children lives just two blocks from the overnight shelter. None of us were told about this meeting, many other residents were also unaware of it. This attempted veil of secrecy is disturbing and is of public interest.
    

16. This meeting was held in a public building (the Medicine Hat Police Station).
    

17. I arrived just before the 6pm start time, Fougere arrived about 5-10 minutes later. The meeting was apparently by invitation but they were not checking names/IDs at the door, they were not turning anybody away. Indeed, Chief Murphy said that if anybody that was present was not on the invite list to contact SSgt Darcy Brandt and he would make sure they were put on the list for the next meeting. This proves that it was not a private meeting, they welcomed anyone who came.
    

18. A member of the public stood up to speak and declared that she (Geraldine Lidberg) and her group (the Kookums) were not “invited”, she said they crashed the meeting. They were not removed, again, proving that this was a meeting open to the public.
    

19. Chief Alan Murphy greeted me by my first name when I entered. Chief Murphy knows who I am and what I do for a living, he introduced himself to me in November 2022 at a domestic violence awareness event. Other officers greeted Fougere by his first name when he arrived. The officers are well aware of who Fougere is and what he does for a living.
    

20. Nothing was said about recording at any time during the meeting. Fougere was not hiding the fact that he was recording; he was not being disruptive. Fougere asked one question of a member of the public to clarify a fact about a fire at the overnight shelter. Otherwise he was sitting quietly in a chair recording the meeting until the thugs in police uniforms violently removed him at Chief Murphy’s direction.
    

21. At about 25 minutes in on this audio recording, Chief Murphy brought up the fact that someone was recording. Murphy did not identify Fougere as a member of the press to the people in the room. (Fair warning, there are a number of 4 letter words near the end of the recording)
    

22. Our Chief of Police went on to actually try to hold a vote as to whether Fougere could continue to record. Upon reflection, I find this very disturbing. No vote can overrule The Canadian Charter of Rights and Freedoms. Members of the public can be heard on the audio recording giving their consent to being recorded; I personally witnessed the majority giving consent. 
    

23. A member of the public stated they had tried to contact CHAT News, but the story was not picked up. One person even said “We don’t get Global News, we get Tom (Fougere)”. Fougere was identified by a member of the public as a reporter when another person asked who Fougere was. It is quite obvious that the people in the room wanted the media to cover this story.
    

24. The Trash Panda will leave public spaces only if ordered to do so by a proper authority.  No orders were given that night. Instead, our Chief of Police set his thugs upon a journalist, thereby violating a Fundamental Freedom enshrined in The Canadian Charter of Rights and Freedoms.
    

25. Fougere was asked to stop recording, he was asked to leave. At no time was an order given to Fougere telling him to leave. A request is not an order, people have the right to say no to requests. Fougere and I have peacefully left an area when we have been ordered to go by police.
    

26. Chief Murphy said that either Fougere left or that he (Murphy) would have to shut down the meeting. Fougere continued to observe his Charter Rights. Chief Alan Murphy did not stop the meeting that he said was an option. A person can be heard on the recording saying “I’ve been dealing with this for two years”. It was obvious people were frustrated and did not want any more delays in dealing with their issues. It is my belief that Chief Murphy deliberately tried to use mob rule to get Fougere to leave.
    

27. I walked over to where three large police officers were looming over Fougere (Inspector Joe West, SSGt Darcy Brandt, SSgt Cory Both). For context, Fougere weighs maybe 130lbs. Inspector West suggested to me with a stern expression that I should give my friend some advice. I believe this was an attempt to manipulate me to get me to convince Fougere to leave. I refused.
    

28. I felt West was out of line when he tried to manipulate the situation and try to get me to agree to relinquish our Charter Rights. We have every right to record a public meeting in a public place, a meeting that was of intense interest to the public. Indeed it is our journalistic obligation to hold governments, organizations and authorities to account.
    

29. I had no indication that things would go sideways so quickly. The officers seemed angry that Fougere refused their request for him to leave. It seemed that the members of the public were not happy that the meeting had been interrupted by the chief. It had shifted the focus of the meeting from the Mustard Seed to the silencing of the press.
    

30.  Chief Murphy stood by and watched as his thugs in police uniform inflicted severe pain upon Fougere by lifting him by his pants off the ground.
    

31.  I can still hear Fougere’s screams. I yelled at the officers to stop, to stop hurting him as did members of the public, you can hear their shouts on the recording. . I stood in front of them trying to get them to stop, they just bulldozed through, stepping on my foot in the process. They took him out of the boardroom, through the museum, through the lobby and through the double doors at the entrance, throwing Fougere on the ground outside the front doors. I yelled at them to call an ambulance.  Fougere remained on the ground for what seemed like an eternity, screaming and writhing in pain. I could do nothing to comfort him.
    

32. Fougere eventually got up and went to the phone inside the first set of doors. He said that he wished to report an assault. He was on the phone when the officers returned and told Fougere he was not going back in. I said “he’s not allowed to report a crime?” The officer said, no, go home and we will send an officer to you. This indicates that they knew exactly who Fougere was and where he lived. Fougere refused, saying he did not want cops at his house, that he wanted somebody from Internal Investigations. This conversation continued.
    

33. Fougere asked Both if he touched Fougere, C. Both replied “Yes I did”. C Both refused to give his badge number when requested.
    

34. The person who Fougere was speaking with on the phone hung up without taking Fougere’s complaint.
    

35. The officers threatened to arrest Fougere for trespass if he didn’t leave.
    

36. Fougere asked the officer why they touched him, that the officers gave him no orders, that they asked him a question. An officer said “You were asked to leave a private meeting…”. Fougere responded “I was asked and I said no”. Officer continued “...which made you a trespasser and you were physically removed”.  Fougere said he wanted to be arrested for trespass. An officer said “Tom, find something more productive to do with your time” (again indicating that they knew who he was) thereby disparaging the profession of journalism and showing bias. Fougere reminded them of the Charter of Rights and the officer said “you destroyed a public meeting”.
    

37. Fougere asked them why they were not trying to stop him from recording at that time; Fougere said it was because they can’t, that they were in public. The officer (Both?) tried to close the doors on Fougere. Fougere said it was a public building and the officers said “You’re under arrest”. They took Fougere into custody.
    

38.  I was refused access to the building again even though other people who attended the meeting were permitted to return, namely Lidberg et al.
    

39. Fougere was released 3 hours later. MHPS officers did not get him medical attention while he was in custody. Fougere was charged under Section 129(a) and 175(a) of the Criminal Code of Canada.
    

40. These Charges are BS and an Attempt to Intimidate the Press
    

41. Section 129(a) (Offences relating to public or peace officer) of the Criminal Code of Canada says
    129 Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,...

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(e) an offence punishable on summary conviction.

42. The only “resistance” was Fougere saying no when asked to leave. Everyone has the right to say no when asked to do something. There was no obstruction of anything, Fougere was sitting peacefully in his chair during a public meeting.

43. Section 175(1)(a) (Causing disturbance, indecent exhibition, loitering, etc.) of the Criminal Code of Canada states

175 (1) Every one who
(a ) not being in a dwelling-house, causes a disturbance in or near a public place,

(i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,
Fougere was not fighting, screaming, shouting, swearing, singing or using insulting or obscene language.

(ii) by being drunk, or
Fougere was not drunk
(iii) by impeding or molesting other persons,
Fougere was not impeding or molesting other persons.
Fougere was merely sitting peacefully in a chair observing his Charter Rights.

44. Excessive Force

45. Because I cannot find a manual that mentions use of force in Alberta, I am using this link which was used as evidence Feb 22 2017 in the Commission of Inquiry Respecting the Death of Donald Dunphy

46. USE OF FORCE TRAINING MANUAL - Royal Newfoundland Constabulary

47. Use of Force Factors - page 8 of the above link

Legal and effective methods of force occur when:

○  the method is reasonable
○  it is necessary
○  it is not overly aggressive under the circumstances presented

In order for police to use force to control a subject, three elements MUST exist:

a) WEAPON/MEANS
Did the subject have a weapon? (ie: fist, knife, bat, gun)
(Fougere was not armed, he weighs 130lbs - maybe)

b) INTENT
Did the subject demonstrate INTENT. Did words and/or actions lead you to believe the subject had the intent to cause injury or death to you or others? (ie: I’m going to kick your ass!)
(Fougere demonstrated no such intent.)

c) DELIVERY SYSTEM/ABILITY
Did the subject have the ability to use his/her weapon? (ie: was subject sitting in car with the windows up with fists clenched or standing 3 feet away)
(Again, Fougere weighs 130lbs)

48. Use of Force Options - page 9 of above link

Officer Presence (blue) - appearance, uniform, reputation, physical stature, number of officers. Many people do not feel that presence is a force option, but in actual fact, a law enforcement officer’s mere presence often influences or controls a person’s behavior.

Communication (Dialogue) (green) - verbal skills in conjunction with non-verbal skills. Suggestions, advice, directions continuing through to loud, repetitive commands, in conjunction with facial expressions, stance, eye contact, etc. Dialogue is used continually with the rest of the force options. In fact, an extremely high percentage of all encounters with offenders are resolved at this level.

(Officers did not fully avail themselves of this option. No commands were issued to Fougere at any time. Fougere is heard to say, “Is that an order?”, the officer responded, “No, we are asking you to leave.”)

49. The violence used by Medicine Hat Police Officers and sanctioned by chief Alan Murphy was extreme for the situation and completely unnecessary.They seemed intent on causing the most amount of pain without leaving marks by using pressure points and other body manipulations. All the officers had to do was to order Fougere to leave and he would have left as he has done before. I suspect the officers knew that issuing such an order would be a misuse of power.

50. The violence inflicted by Medicine Hat Police Officers in a  room of about 30 members of the public has inflicted damage on members of the public when they witnessed this violence and they heard the screams. This would have influenced and intimidated members of the public - if they said the wrong thing, would they be next? The meeting should have been adjourned right then and there as the actions of these police officers would induce fear in most reasonable people.

51. I believe that Chief Murphy tried to manipulate the situation by pitting members of the public against a journalist doing their job.

52. I believe that Inspector West tried to manipulate me into convincing Fougere to leave, to agree to the deprivation of his Charter Rights.

53. I believe that the officers failed in their duty to use Communication/Dialogue to de-escalate the situation.

54. On October 8 2024

55. I believe The Medicine Hat Police Service declared war on the Public’s Right to Know.

56. I believe The Medicine Hat Police Service declared war on the Free Press.

57. This link is to an article showing how Violence against journalists is on the rise.

58. Fougere was assaulted and injured for doing his job. Fougere’s work phone was seized as “evidence”. We have very little confidence that the video Fougere recorded will still be intact or even there if/ when his property is returned to him.

59. After Fougere was arrested, I was prevented from re-entering the Police Station to attend that public meeting. A police officer forcibly held the door shut against me even though I’d done nothing wrong (except use a few choice four letter words when they used violence to remove a journalist). Another person who was not “invited” left the meeting and was permitted to re-enter.

60. This is not the first time the Medicine Hat Police Service has removed a journalist from a public building in the performance of their duties.

61. On May 16 2024 I attended the public meeting of the Subdivision and Development Appeal Board (SDAB) in Council Chambers in Medicine Hat City Hall. It was held at noon on a Thursday. Unlike other Committee/Commission meetings this one is not live streamed nor could the public join online. The only way the public could view it is to attend in person. The SDAB does record the meeting but that recording is not made available to the public. I openly recorded another SDAB meeting in August 2023; nobody stopped me.I even did the same with Police Commission meetings until they were live streamed and posted online for all to see. I intended to record the May 16 meeting and have it posted on our Youtube channel so that the public could have access to it. Indeed one of the appellants came up to me and asked me if I would be recording it. I said yes. They said good, then they did not have to.

62. When the meeting started, the SDAB chair told the room that there was no audio or video recording permitted, that they were doing an official recording. I knew that they could not demand that and I continued video recording, observing my Charter Rights.

63. City of Medicine Hat Managing Director of Development and Infrastructure Pat Bohan came and asked me to stop recording. I said it was a public meeting in a public place. At one point I saw City Manager Ann Mitchell leave the room, speaking on her cell phone.

64. The SDAB chair wanted me to stop recording, and called a recess while the “issue was being addressed”. I said I would turn off my camera if he would make their recording available to the public; the chair  just looked down at his papers and said nothing.

65. Shortly after that the Downtown Patrol Unit (Sgt Brian Bohrn and Cst Mitch Young) arrived; Bohrn first asked me to leave, then he ordered me to leave. I complied with the order even though it was in violation of my Charter Rights.

66. Medicine Hat Police Chief Alan Murphy has shown the entire city that it is okay to beat up a journalist while they are doing their jobs. He tried to use mob rule to oust a journalist from covering a story that did not portray the police service in a positive light.

67. That is a chilling development.

68. I am currently experiencing the effects of PTSD from witnessing the violence I saw. I haven't cried this much in one day since the year after my husband died.

69. I Wonder

70. Am I the next to be assaulted when I’m doing my job? I’ve been told by various people that if I acted like Fougere did, refuse to leave when asked to, that I should expect to be assaulted.

71.  Will the police protect me if I am assaulted while doing my job? At this point, I seriously doubt it.

72. When did that become a thing, that a journalist should be attacked for asking questions, for seeking the truth?

73. PTSD Has Hit Me - Hard
Right Now I’m Experiencing

74. Re-experiencing symptoms

75. Flashbacks - I can still hear my friend’s screams. Disturbing dreams have begun.

76. Distressing thoughts - I have to keep my mind busy. I can no longer go to sleep in silence, I need the TV on to keep me from thinking. When I wake in the night, I need to turn on the TV again. I choose shows I have seen a million times because I need something predictable.

77. Physical signs of stress - heart rate up, blood pressure up, upset stomach, strong feelings of anxiety

78. Avoidance symptoms

79. I’m second guessing attendance at any place where police may be. Anxiety rises exponentially when I see a police car or an officer. I no longer trust any of them to protect and serve since it was the Chief who told his goons to remove a journalist who was observing their Charter Right of Freedom of the Press.

80. Cognition and Mood Symptoms

81. Guilt that I did not step in sooner, maybe if I’d said something different, the outcome would have been different, my friend and coworker would not have been seriously injured. This is highly unlikely but PTSD symptoms do not have to be logical.

82. Arousal and Reactivity Symptoms

83. Having difficulty concentrating

84. Having difficulty falling asleep or staying asleep

85. Feeling tense, on guard, or on edge almost constantly unless I’m with people I trust

86. On the edge of tears multiple times per day - around 20-30 times a day.

87. Crying when someone asks me “How are you?”

88. Crying when I think of someone asking me “How are you?”

89. I am experiencing these symptoms and I only witnessed the assault. I can only imagine what Fougere is going through having been the victim.

90. Police must abide by the Charter of Rights and Freedoms.

91. When the media is doing nothing more than recording a public event in a public place, police must not interfere with journalists doing their job.

92. Medicine Hat Police Officers need to be properly educated about The Canadian Charter of Right and Freedoms and the law of trespass. Currently they seem to think that a person who is not doing anything wrong or being disruptive can be removed from a public place just because a city representative says so. As seen by the events of May 16 2024, City employees seem to think they can use the police force as their own private little enforcement agency to prevent journalists from doing their jobs.

93. To do otherwise creates the false assumption that media may be removed just because someone does not like their actions being recorded. It creates a false narrative that a request from police is equal to an order.

94. I have spoken with journalists from the two other media outlets in Medicine Hat. They seem to think that a request from a police officer is the same as an order. This is a dangerous premise to promote. It means that police can stop journalists in their tracks just by asking them to do something. This is contrary to the Fundamental Right to a Free Press, a press that is to be a watchdog and hold governments, institutions, organizations, politicians, etc to account.

95. To allow police to violate the Right to Freedom of the Press is to submit to fascism. To allow police to use violence to trample on our Charter Rights creates a dangerous environment for journalists in Medicine Hat. They have effectively announced to one and all that journalists can be beat up just because they are doing their jobs.

96. I currently have no confidence that when I am covering a story that the presence of police will keep me safe. I have seen for myself how our Chief of Police manipulated the situation to try to turn members of the public against a journalist. Fougere and I have seen how quickly a group of reasonable people turn into a mob. Video is here.

97. Necessary Recompense

98. A public apology by Chief Alan Murphy and all officers involved  to Thomas Fougere. Such an apology should be published on their website and all social media outlets.

99. An education program should be given to all members of the Medicine Hat Police Service about The Fundamental Charter Right of Freedom of the Press. This should be reinforced at regular intervals - once yearly or more often when there are new recruits.

100. A public education program outlining the Fundamental Charter Right of Freedom of Freedom of the Press so as to protect journalists in Medicine Hat when they are doing their jobs. Police must not condone or promote the idea that violence against journalists is any way okay.

101. An education program directed at City Staff about how the trespass laws work so that members of the public cannot be removed for simply existing in a public space.

102. Financial damages as may be decided by a court.