Guidance varies for when RCMP officers can use a Taser, Nunavut court hears

The third day of an RCMP officer's trial heard that thresholds for when officers should use a Taser varies depending on where they received their training. 

Cpl. Jesse Gawne, a use of force expert called for the Crown, gave testimony Wednesday. He was cross-examined by defence lawyer David Butcher for much of the day on Thursday. 

Luke Tomkinson is charged with assault with a weapon and uttering threats in connection with an incident in Arctic Bay in 2020 where he was a relief officer. 

Tomkinson raised a Taser at a man and swore at him, which was caught on video. 

Tomkinson, who was an officer in British Columbia at the time, still works for the RCMP. 

During cross-examination, Butcher brought up the RCMP's policy on use of force, also called the Incident Management Intervention Model and the National Use of Force Framework. 

Through questioning, Gawne also discussed the different thresholds for when a Taser would be displayed compared to when it would be discharged. 

"You should try to de-escalate as much as possible before going to the [Taser]," Gawne said. 

Gawne said in his training, the threshold to use a Taser is "imminent bodily harm." He also said officers should use a verbal warning before deploying the Taser itself. 

Butcher noted that there are different thresholds for that policy depending on where an officer received their training. 

In British Columbia, where Tomkinson was stationed at the time, the policy said officers are permitted to withdraw and present the Taser when there is potential for bodily harm. 

"According to the B.C. policy on training, it is OK to display and point a [Taser] to gain compliance, correct?" Butcher asked. 

"Correct," Gawne said. 

Court adjourned on Thursday so that lawyers could discuss an issue around evidence. The trial resumes Friday morning. 

A use of force expert is also expected to testify for the defence.