Advocates Demand Swift Independent Investigation After Lawyer Accuses Durham Police of Assault
Growing calls for an independent investigation have emerged following serious allegations that Durham Regional Police officers assaulted and detained a racialized female defence lawyer at an Oshawa courthouse last week. The incident has sparked outrage among legal organizations and civil liberties advocates who are demanding immediate action to preserve public confidence in the justice system.
Shocking Allegations Surface
The Canadian Civil Liberties Association expressed shock upon learning about the allegations against Durham Regional Police officers. According to reports, defence lawyer Sudine Riley was allegedly assaulted while working at the Oshawa courthouse on January 23. The accusations include officers removing her headscarf, dragging her to a cell without provocation, and using excessive force during the encounter.
"Any incident involving the alleged use of force against counsel in a courthouse raises serious concerns about the rule of law and administration of justice," the CCLA stated in an official release. "Lawyers must be able to represent their clients and attend court without fear of intimidation or violence."
Detailed Account of Alleged Incident
According to lawyer Neha Chugh, who represents Riley, the incident occurred after Riley had finished working on a trial and was catching up on legal work in an interview room. Officers assigned to courthouse security allegedly challenged Riley's presence before the situation escalated dramatically.
The statement from Chugh describes officers slamming Riley's head on a desk, kneeling on her back and neck, and speaking to her with "rage, disrespect and contempt." Officers then allegedly dragged Riley from the room in handcuffs to a basement cell while her headscarf was removed and her skirt was raised during the handling.
"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 emphasized.
Police Response and Investigation Status
Durham Regional Police have acknowledged the seriousness of the allegations and launched their own investigation into the arrest of Riley, who was charged with a Trespass to Property Act-related offence. The police service stated that officers involved have been reassigned to duties other than courthouse security while the investigation proceeds.
"DRPS remains unequivocally committed to its responsibility of providing courthouse security and will continue to work collaboratively with legal and justice partners," the police statement read, while noting that officers are entitled to due process during the investigation.
Chief Peter Moreira has requested that the Law Enforcement Complaints Agency take over the investigation. The province's Special Investigations Unit was notified but has not invoked its mandate at this time, as their jurisdiction typically requires serious injury, death, sexual assault allegations, or firearm discharges.
Legal Community Reacts Strongly
The Federation of Ontario Law Associations has expressed being "shocked and appalled" by the allegations in a letter addressed to multiple government officials. The association emphasized that "the attack on a defence counsel is an attack on the rule of law" and called for comprehensive policies and training to ensure all legal professionals can access court spaces without intimidation.
The CCLA has joined other legal and advocacy organizations in demanding a swift and independent investigation that includes expertise in anti-Black racism. They argue these steps are necessary to ensure investigative impartiality and maintain public confidence in the administration of justice across Ontario's court system.
As the investigation unfolds, advocates continue to emphasize the broader implications for legal professionals' safety and the integrity of Ontario's justice system, particularly for racialized lawyers practicing in courthouse environments.
