Editor's note: This article has been updated to include comment from the National Police Federation.
INNISFAIL – A Red Deer lawyer has issued a counter-accusatory media release against Innisfail RCMP over the alleged violent arrest of his sister, who is also a lawyer, last weekend in the central Alberta town.
Andrew Phypers, a Red Deer lawyer from the city's Advocate Law firm, issued the media release on June 5 defending the conduct of his sister Laura, a well-known Indigenous lawyer, during an incident in Innisfail on June 3.
“Out of deep respect for the justice system, Laura Phypers wishes to refrain from engaging in the public forum and trusts the facts will ultimately refute the allegations made against her,” said Andrew in his statement.
On June 5, the RCMP said in a news release that Laura, 37, and friend Desiree Friesen, 24, were intoxicated and became “belligerent and verbally aggressive” when stopped in town by Innisfail RCMP on suspicion of being impaired by alcohol.
The RCMP media release goes on to say the driver was arrested for refusal to provide a breath sample but refused to exit the vehicle.
When police attempted to remove the driver the passenger grabbed the driver to prevent her from being arrested, said the RCMP release.
“The driver was eventually removed from the vehicle. The passenger exited the vehicle and approached police in a fighting stance and threatened the member’s life,” said the media release. “The driver physically assaulted the member while he was attempting to bring both suspects under control.”
The RCMP release added the police officer and passenger both sustained injuries during the altercation.
However, Andrew Phypers said the RCMP media release “compels” a response.
He said Laura was a passenger in the vehicle that was driven by Friesen in Innisfail on June 3.
Andrew said a lone police officer pulled the vehicle over and requested Friesen provide a mandatory alcohol screening sample.
He said Friesen insisted the officer provide a clean straw on the device.
Andrew said the Innisfail RCMP officer then “Immediately escalated” to the use of “extreme force to rip” Friesen from the vehicle.
“Ms. Friesen, still wearing her seatbelt in the driver’s seat, became entangled in her sweater and the seatbelt causing her to choke,” said Andrew’s release, which added both women demanded the police officer to explain why Friesen was being forcibly removed from the vehicle and why she was being arrested.
Andrew’s release added the RCMP officer “persisted” and forcibly removed Friesen “into the dark roadway before his force continued.”
He said Laura was “alarmed” and “came to the aid” of Friesen.
It is further alleged in the news release the RCMP officer delivered “no less” than seven closed-fist punches to Laura’s head and chest.
It is also alleged that while on the roadside Friesen was forced onto her face and had her head “slammed” multiple times into the gravel.
Andrew’s news release said Laura suffered from concussive symptoms, broken nose, muscle damage and “serious” facial and cranial bruising. He said Friesen suffered bruising to her face, cranium and back.
Innisfail RCMP was contacted by the Albertan for a comment on the allegations and Staff Sgt. Ian Ihme, the detachment commander, defended his police officer’s conduct.
“I viewed the in-car camera video from that incident, and I believe our member acted lawfully, professionally and with restraint given the difficult circumstances he was placed in,” said Ihme.
Kevin Halwa, director for the prairie region of the National Police Federation – the union that represents RCMP members – said there are numerous complaint processes available to members of the public when they feel a police officer’s actions were not appropriate or justified.
“The third-party complainant, who presents themselves as a member of the legal profession, would know this but chose to publicly shame the officer who has no opportunity to explain the situation without compromising ongoing criminal matters before the courts,” said Halwa in a prepared email statement.
“This is a clear attempt to harm the reputation of the responding member, in addition to the physical assault and injuries they received as a result of this vehicle stop and arrest.”
In a brief interview with the Albertan, Andrew said both his sister and Friesen are in “shock” over the incident.
“She and her friend Desiree Friesen are in shock but they are recovering. She has lots of injuries, visible facial injuries and is in recovery,” said Andrew.
When asked why Laura and Friesen were in Innisfail on June 3, Andrew said he was “not sure” but suspected it was to attend a “social event.”
He said Maurice Collard, a respected Red Deer criminal defence lawyer from his law firm, had been retained to represent his sister when she appears at the Alberta Court of Justice in Red Deer on June 20.
Laura is facing charges of assaulting a peace officer, obstructing a peace officer and uttering threats.
Friesen has been charged with dangerous operation of a motor vehicle, assaulting a peace officer, resisting arrest and refusing a breath demand.
