Police review board orders 14-day suspension, written apology in HRP constable’s misconduct

A Halifax Regional Police constable is to be suspended without pay for 14 days for misconduct in the arrest of Adam LeRue at a Halifax park six years ago.

Const. Kenneth O’Brien has also been ordered to apologize in writing to LeRue and his common-law wife Kerry Morris for escalating an argument that led to the arrest and to LeRue spending a night in jail, where he had a difficult time obtaining his medication.

O’Brien has also been ordered to attend anger-management training by the Nova Scotia Police Review Board.

The Feb. 3 written decision from the board, chaired by Jean McKenna, concluded that “given the ramifications of the escalation by Const. O’Brien, Mr. LeRue spending a night in jail, that some form of punishment ought to be handed out and that a simple reprimand is not the answer.”

The board outlined the evidence it heard on Oct. 8, 9, 27 and Dec. 8, 2020, regarding the complaint by LeRue and Morris against O’Brien and a second constable, Brent Woodworth. 

LeRue and Morris were parked in their vehicle on the night of Feb. 12, 2018 when O’Brien approached them and asked LeRue, who is Black, for identification.

LeRue was concerned about providing his identification and wanted to know why he had to do so. 

An argument ensued, there was a scuffle and LeRue was charged with a bylaw offence, a motor vehicle offence and a criminal code offence. 

He was taken to the holding cells in Halifax, where he remained for approximately 15 hours until he was released the following day after a court appearance.

Conduct breach

In its decision, the board found O’Brien was in breach of the code of conduct required of police officers. Allegations against Woodworth were dismissed by the board.

The board pointed out that it did not find O’Brien’s conduct was triggered by race, which was alleged during the hearing.

O’Brien, a 13-year veteran of Halifax force at the time of the hearing, testified that race was not a factor in his on-duty interaction with the complainants.

“I am not a racist,” he said forcefully.

LeRue and Morris, a biracial couple, testified that they were separately victims of racial profiling and excessive force.

“I don’t hate cops, I think cops have a purpose, I just don’t like bad cops,” LeRue testified.

Judicial review

O’Brien filed a notice of judicial review to try to overturn the board’s original decision that found his actions to be misconduct.

The judicial review was heard by Justice Mona Lynch on Dec. 6, 2022, and later dismissed. The matter was referred back to the board for disposition and oral arguments were heard on June 22, 2023.

The board said in its recent ruling that lawyer James Giacomantonio, representing O’Brien, spoke in detail about the various courses that O’Brien has taken to try to improve himself and to make himself a better police officer. 

Giacomantonio told the board that O’Brien was not quite sure what to do in the situation that particular night and he sought help. 

Giacomantonio told the board that O’Brien wants to learn and seeks training to do so.

The lawyer also referred to the large amount of publicity the case had garnered and to the public humiliation O’Brien went through during the course of the matter. Giacomantonio suggested O’Brien was prepared to deal with the matter through restorative justice before the complaint became formal, but LeRue was not interested. 

Giacomantonio recommended a reprimand and that O’Brien attend training.

Lawyer Jason Cooke, representing LeRue and Morris, argued strongly that O’Brien not only failed to de-escalate the issue on the night in question but instead made conscience choices to escalate the matter.

There was a lack of real recognition of the seriousness of the conduct by in his actions that night, Cooke said, urging the board to impose a suspension of 30 days, training and the apology.

The Halifax Regional Police Association, the union that represents HRP members, said in a news release Wednesday that it’s unfortunate the board arrived at the 2021 decision that O’Brien had “not exercised reasonable discretion” and, subsequently, “levelled such a harsh penalty” last week.

“The officer was following his understanding of our organization’s policies and procedures.,” the union said in its release. “Further, he was acting in a manner in which he felt he had the authority to act and according to his training to date.”

The union said it is committed to working with the police force to examine member training and consider the board’s findings in full.

“HRPA strongly supports both our members and the work they do day in and day out. As an association, we want to ensure our officers feel supported in their daily efforts and entrust them to continue making decisions that help to ensure public safety in HRM.”