'Traumatized' Brantford, Ont. family files complaint after police raid wrong home

A family whose home was wrongly raided by Brantford police has filed a complaint with the Office of the Independent Police Review Director (OIPRD).

Michael Smitiuch, the family’s lawyer, said his clients, Michael Kelly, Shauna McDonald and their two children are still “shocked” and “traumatized” by the event that saw armed police officers break down their door.

“They’re trying to come to grips with how this could have happened,” said Smitiuch. “Just imagine your peace and security and privacy being violated in the worst possible way. They continue to struggle with the emotional impact as well as some physical impacts.”

Smitiuch said it was 5:30 p.m. on Sept. 8, when all of a sudden the door to the family’s apartment unit burst open. Police officers made a “dynamic entry” with guns pointed at the family.

He said a flash grenade went off and Kelly and McDonald were put in handcuffs. Their 13-year-old was told “that she better be quiet or she’ll be arrested.”

“Needless to say, it was extremely shocking and traumatizing for the family,” Smitiuch told CTV News.

He said Kelly was assaulted by police and as a result of the flash grenade, McDonald is now experiencing some hearing and vision problems.

'HOW COULD THIS HAVE HAPPENED?'

According to the Brantford Police Service, on Sept. 8, members of the Tactical Intelligence Generated Enforcement and Response Unit “breached the incorrect door” as part of an operation with multiple search warrants.

“Police have a very, very important job to do and there is no doubt that they play an extremely important role,” said Smitiuch. “Having said that, they have a great deal of power that they wield. So when they are wielding that power, they need to clearly exercise that responsibly. So the big question is, how could this have happened?”

He believes police had the right unit number, but the wrong building. He said the targeted building and the one police wrongly raided share the same underground parking lot.

In October, the family launched a complaint against Brantford police with the OIPRD, a police oversight body, to get answers as to how this could have happened and to make sure something like this doesn’t happen again.

“We’re not looking for any disciplinary actions against the individual officers necessarily, but we are looking for a full review and accountability by the Brantford Police Service,” Smitiuch said. “What the family is focusing on is getting the appropriate treatment for their physiological and physical injuries.”

At the time of the incident, officials with Brantford Police Service acknowledged that the experience would have been unsettling for those impacted.

Police Chief Rob Davis, previously launched his own investigation into the incident, but the OIPRD now has taken over, according to a spokesperson with the police service.

“There’s always a concern with police investigating themselves, so the idea here is that the OIPRD will be an independent body. You know, they’re really a fresh set of eyes looking at what happened here and hopefully prevent it from happening again,” Smitiuch said.

He said the family is now waiting for the OIPRD to conclude its investigation.

Former commissioner for Ontario Provincial Police (OPP) and CTV News public safety analyst, Chris Lewis, previously said he hears about wrong addresses being breached a few times a year across Canada.