SIU not investigating after lawyer alleges she was assaulted by police at Oshawa courthouse

Ontario’s police watchdog says it’s not currently investigating allegations that police officers assaulted a lawyer at an Oshawa, Ont., courthouse last week.

The Special Investigations Unit said it was notified of the incident by Durham regional police on Tuesday but has not invoked its mandate at this time. It said its jurisdiction is limited to incidents involving officers that result in serious injuries, death, allegations of sexual assault or an officer discharging their firearm at a person.

A statement issued by Sudine Riley’s counsel alleges the defence lawyer was left bleeding and swollen after Durham police officers slammed her head into a desk in an interview room where she was working last Friday.

Neha Chugh said the officers put their knees on her client’s back and neck, then dragged her out of the room in handcuffs and took her to the cells in the courthouse basement. She said Riley, who is Black, also had her head scarf ripped off and her skirt raised in the process.

Durham regional police said Thursday that the Law Enforcement Complaints Agency has been notified about the incident and the officers involved have been reassigned to duties that don’t include courthouse security.

“However, they are entitled to due process during this investigation, as required by law,” the force said in a statement.

Police said they’ve charged Riley with trespassing. 

Chugh said Thursday that her client intends to plead not guilty “and looks forward to challenging the Durham Regional Police Services’ evidence at trial.”

The Canadian Civil Liberties Association (CCLA) issued a statement, saying its organization is “alarmed” by the reported use of serious force by officers against Riley at the Oshawa courthouse.

“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. Lawyers must be able to represent their clients and attend court without fear of intimidation or violence,” read the statement.

“The CCLA echoes the call of other legal and advocacy organizations for a swift and independent investigation into this incident, including expertise in anti-Black racism.”

Police said they are taking Riley’s allegations “extremely seriously” as their own investigation into the incident continues.

However, legal organizations including the Criminal Lawyers’ Association have called for an independent investigation into what happened, saying lawyers must be able to work safely in Ontario’s courthouses.

The Canadian Bar Association joined those calls on Thursday, saying the incident must be “thoroughly, transparently and independently investigated without delay.”

With files from Lucas Casaletto, CityNews