The Vancouver Police Department officer convicted of excessive force in a 2018 arrest apologized to the victim June 14 for making him fear police officers.
Const. Jarrod Sidhu was convicted of assault with a weapon in Vancouver Provincial Court Feb. 13 on charges arising from the February 2018 jaywalking arrest of former UBC football player Jamiel Moore-Williams, then 22.
Moore-Williams was not in court but Crown prosecutor Shannon Gerrie read his victim impact statement.
"I hate these guys," Moore-Williams said of the police. "I was treated like an animal. I can't put into words how they made me feel. The police failed me."
Moore-Williams was reportedly stopped for crossing against a red light in Vancouver’s Granville entertainment district. Sentencing hearing Judge Emmett Duncan heard Wednesday that Moore-Williams was Tasered by Sidhu three times while other officers repeatedly hit him.
Sidhu told the court he felt, "humbled, embarrassed and ashamed."
"It pains me deeply to experience the erosion of trust my actions have caused you," Sidhu said, expression hope his words would be conveyed to Moore-Williams. "I am truly sorry my actions have shattered that trust."
Gerrie suggested a sentence fo 60 days with a curfew followed by one-year probation.
"Const. Sidhu held a position of trust as a police officer at the time of this incident," Gerrie said, adding the Supreme Court of Canada has ruled that excessive use of force breaches a duty of trust with a victim.
Meanwhile, defence lawyer Bill Smart suggested a conditional discharge.
Sidhu, the son of a police officer, pleaded not guilty in the case in June 2022.
Fellow officer Jagpreet Gurman was charged with assault in connection with the same incident, according to court documents. A stay of proceedings was entered for Gurman on July 20.
Gerrie said the situation was mitigated by the fact it happened in a very public place to a racialized person. Moore-Williams is Black.
Victim impact statement
Moore-Williams said in his statement he has dealt with years of depression and has to relive the event every time someone recognizes him from media coverage.
He said he had been proud to come to Vancouver on a scholarship.
Now, he fears the police and is worried he's being followed.
"Now, this city has flipped over in my eyes — especially in the presence of the police," he said. "I don't feel safe at all. I can't call the police."
After the incident, Moore-Williams was taken to hospital in shackles. He called it an indignation, telling the court he's worried about going to hospitals today due to fears of security being called.
Defence
Smart suggested Sidhu could also speak to other officers about the incident and what he has learned from it.
Defence co-counsel Nicole Gilewicz said Sidhu has spent much time since the incident educating himself on use of force. She said he currently works in an operation centre.
"He's off the street," she said.
Multiple reference letters testified to Sidhu being a thoughtful and compassionate person who works to make those around him feel welcome.
She said Sidhu is remorseful and is working to be a better officer.
Smart said Sidhu had less than 20 months of experience at the time. He had been a special constable and a jail guard before that.
"Police officers have to make decisions about when to arrest and what force to use that ... may cross over to a criminal offence," said Smart, a former B.C. Supreme Court judge. "It's important at sentencing to decide whether it was an error in judgment or something more sinister."
"It was an honest error in judgment," Smart said.
Duncan has reserved his decision in the case.
RCMP Taser death
The events came 11 years after the RCMP-involved Tasering death of Polish immigrant Robert Dziekanski at Vancouver International Airport.
In that fatal case, a police officer who Tasered Dziekanski multiple times told a subsequent inquiry he believed the man intended to attack officers with a stapler.
Dziekanski's death was widely seen around the world after a bystander filmed it.
Criticism of the death helped lead Canada's federal police to announce last month they will no longer use stun guns against suspects who are merely resisting arrest.
Dziekanski, who spoke only Polish, seemingly became upset after waiting 10 hours at the airport for his mother to pick him up. She was at the airport but he was stuck behind security. His whereabouts were unknown for hours.
The officers responded to emergency calls about a man throwing furniture and breaking glass in the airport's international arrivals lounge.
All four police officers in the 2007 case were cleared of criminal charges in December, with a prosecutor saying their use of force was reasonable. None of the officers had spoken publicly about the death until the inquiry.
An inquiry by retired Justice Thomas Braidwood found the officers were not justified in using the Tasers.
Braidwood recommended tighter restrictions on how and when Tasers are used.
