DJ contacted our office after he was injured during a transfer to segregation at the Okanagan Correctional Centre (OCC). DJ told us that staff used excessive force by twisting his wrist and pushing him up against a wall. He told us that the handcuffs were then overtightened because staff failed to double-lock them during the transfer. DJ completed an injury form detailing his account of the incident and complained to the OCC’s management.

In response to our investigation, the OCC provided us with all relevant documents and a video recording of the alleged incident. On our review of the video, the use of force appeared reasonable in the circumstances. However, the OCC acknowledged that its initial documentation did not include a use of force report due to staff’s understanding that the limited amount of force used did not require it. The OCC also acknowledged the handcuffs had not been double-locked and advised the staff member who escorted DJ on the appropriate procedure regarding use of force and handcuff application.

Our office also contacted BC Corrections Headquarters regarding DJ’s complaint. We were concerned that staff at the OCC did not ask DJ for his point of view regarding the incident which, in this case, would have ensured the handcuff issue was identified even if DJ had not complained about it. As a result of DJ’s complaint, the Adult Custody Policy and related use of force forms and guides were modified to include the requirement that an assistant deputy warden obtain the inmate’s point of view into a use of force incident. The policy was also modified to include the option for a warden or designate to apologize without admitting fault or liability, consistent with the Apology Act.