THUNDER BAY — A Thunder Bay Police Service officer has pleaded guilty to Police Service Act charges including discreditable conduct from an interaction with an Indigenous individual and the penalty could be dismissal from the force.
Const. Peter Haase appeared for a Police Service Act hearing on Wednesday where he pleaded guilty to one count of discreditable conduct for acting in a disorderly manner, one count of unlawful or unnecessary use of force against a person in the execution of his duties, and one count of insubordination.
Haase was charged in August 2022 for an incident on Jan. 2, 2022 while he was working as a primary response constable with the Thunder Bay Police Service.
At approximately 2:30 p.m. while on patrol, Haase and his partner observed an Indigenous male walking down the street believed to be wanted on outstanding warrants.
The individual ran but a second Indigenous male seen walking with him was approached near a bus stop shelter.
Haase approached the individual and started yelling at him before grabbing him by the jacket and demanding to know who he was walking with. Haase then pushed him up against the bus shelter wall before letting go and stepping back.
The interaction was caught on video by the body camera worn by Haase’s partner. Haase did not turn his body camera on prior to the interaction despite policy requiring him to do so, resulting in the insubordination charge. He also failed to notify his supervisor that his camera was not turned on.
Throughout the interaction, Haase asked the individual who he was walking with and used the F-word several times, though not directed at the individual.
Adjudicator Morris Elbers accepted the guilty pleas and heard submissions on disposition from the service prosecutor Holly Walbourne and defense counsel David Butt.
Walbourne submitted the Police Service’s position, calling for Haase to be dismissed as a police officer with the Thunder Bay Police Service.
“The public has to have confidence in the police service and the officers who work for that service in the community,” Walbourne said, adding that the community, particularly Indigenous people, have lost faith in the police service.
“The actions of Haase have done nothing to improve that relationship and in fact have made it worse. It sets the service back in terms of building trust between the police and the Indigenous community.”
Haase’s actions represent a serious incident, according to Walbourne, which is evident in the body worn camera footage.
“There is a failure to exercise the duty, legally or appropriately,” she said. “Instead you see an individual being dehumanized and not treated properly.”
Other aggravating factors cited by Walbourne include Haase not issuing an apology, that his guilty plea is only because his actions were caught on camera, and his past disciplinary record, which includes two incidents since he joined the police service in April 2019.
One charge of insubordination in November 2019 resulted in Haase forfeiting 24 hours and in April 2021 he was charged with discreditable conduct and he forfeited 72 hours.
“Yet less than a year later, this event occurs. What you have is an officer with very little service and a track record of not taking the job seriously,” Walbourne said.
“It is for those reasons the service does not believe Const. Haase is capable of rehabilitation. I think the evidence is clear there is a likelihood of recurrence.”
Dismissal from the service will send a clear message that this kind of behaviour will not be tolerated, Walbourne argued, both to the community in order to rebuild trust with the service and to other officers to deter them from engaging in similar behaviour.
“No one is above the law,” Walbourne said. “This is especially true of an individual who has been called upon to uphold the law.”
Butt acknowledged that Haase’s actions were serious enough to warrant the charges, which is why there was a plea of guilt, but it in no way constitutes a penalty of complete dismissal from the service.
“It is a very brief interaction. It’s a minute or so, minute-and-a-half,” Butt said. “There is no sustained violence. There is a technical, non-consensual laying on of hands, but nothing anyone would consider carrying forward for a prosecution of assault.”
Butt also referred to Haase’s use of the F-word during the interaction, saying it is used much more commonly now in every day society and none of the swear words were directed at the individual, but merely used as adjectives.
Another significant mitigating factor referenced by Butt is that the individual involved in the interaction chose not to file a complaint.
“What did that person say? What he said was he recalled the interaction. He said he personally had no concerns with the physical contact,” Butt said. “What does that tell us? He was fully aware this was an officer in uniform and he had no concerns with an officer in uniform doing what he did.”
Haase’s condition at the time should also be taken into consideration, Butt argued, highlighting that an incident from December 2021 resulted in Haase suffering from undiagnosed post-traumatic stress disorder.
In November 2022, Haase sought treatment and Butt said he is continuing with the treatment successfully.
“The ability to reform is by no means a foregone conclusion, particularly when the behaviour in question was driven in large measure by illness,” Butt said, adding that dismissing an officer because of a condition like PTSD will be a step backward for the Police Service and other officers.
“Is that really the message we want to send where the line between these behaviours and a physiological condition is so strong? Absolutely not.”
Regarding the relationship between the Thunder Bay Police Service and the Indigenous community, Butt said he understands that sometimes chiefs of police have political imperatives and a need to do things for optical or to send a message that the police service is working to rebuilding better relationships, but Haase’s dismissal should not be one of them.
“That’s part of being part of a CEO of a very public organization,” he said. “But here’s the thing, you can’t use the discipline process and scapegoat somebody by imposing a legally indefensible penalty to achieve your optical objectives.”
Butt argued the penalty should be an increase from Haase’s last forfeiture of 72 hours and be a forfeiture of 144 hours and mandatory training on Indigenous issues.
When given the opportunity to speak, Haase said his actions that day do not represent the person or police officer he is.
“The suggestion that I’m not sorry about what I did is just not true,” he said. “I don’t like watching that video. It almost retraumatizes me. I wish I could talk to [the individual] and apologize for it. That is not how I should conduct myself as a human let alone a police officer.”
Elbers is expected to deliver a decision on disposition by mid-March.
