Calgary officer files injunction to stop police brutality documentary from screening
Constable said audio of him speaking after an arrest used in the film is inaccurate
A Calgary police constable has filed an emergency injunction to stop a documentary on police brutality from airing.
The same police officer is also suing the film's production company for defamation.
Const. Chris Harris alleges Lost Time Media, the production company behind feature-length documentary No Visible Trauma, edited an audio clip from a mic he was wearing tied to his car's video system to make it seem as if he was instructing a recruit to cover up an instance of police violence.
But filmmaker Marc Serpa Francoeur says he and co-director Robinder Uppal stand by how the incident is shown in the film.
"Obviously we stand by the work that we've done … we've spent over five years doing this work, we believe there is a very strong public interest in the work that we're doing," Francoeur said.
The film, which investigates cases of excessive force involving the Calgary Police Service through arrest footage and interviews with former officers, is set to have its Alberta premiere at the Calgary Underground Film Festival on Wednesday online, or Sunday at the Globe Cinema.
A shorter version of the film, titled Above the Law, has been streaming online on CBC Gem since July — that version of the film does not include the scene featuring Harris. Francoeur said when that version aired, no concerns about the accuracy of the shorter film were raised by Calgary police.
Both parties are set to appear in court at 10 a.m. in Calgary Tuesday when a Court of Queen's Bench judge will hear Harris's request.
Concerns centre around audio following violent arrest
The concerns centre around a seven-minute clip from the full-length documentary posted online that shows an Indigenous man, Clayton Prince, running from police after a traffic stop.
The clip shows dashcam footage of Prince lying facedown on the ground and putting his hands behind his head. Officers rush toward Prince, and one officer drops to his knees and begins to punch Prince in the back of the head. Then, the dashcam video is shut off.
A later dashcam video shows Prince being taken into custody, alongside audio of Harris speaking with a young recruit in the background — but Harris disputes that the audio used in the documentary is accurate.
In the documentary, Harris says in a subtitled clip, "What you saw here did not happen." The recruit giggles and responds, "That's policy, yeah, I know."
Harris then says: "Guys decide to dispense some street justice. If that guy in the white van was videotaping us this would not do very well because buddy is surrendering, he gets down on the ground, and he gets fed a whole bunch of cheap shots."
Harris isn't identified and is just referred to as a veteran CPS officer.
'Did' versus 'should'
But Harris said he didn't say "What you saw here did not happen," but actually said, "What you saw here should not happen."
Harris said in an affidavit that the audio from the documentary was provided to two audio experts working independently from one another, one of whom was also given the original Calgary police audio recording.
Harris said the audio experts told him the volume on that disputed word was lowered in the documentary, which makes it harder to hear.
Harris's statement of claim argues he was teaching the recruit that the officers' behaviour during the arrest was not OK, and said that the clip is falsely subtitled in a way that damages his reputation and career.
Francoeur said the filmmaking team emphatically denies that the audio was changed in any way to alter what was said.
"We are very confident that we can provide expert testimony to reject that ... we take very, very seriously the onus to communicate clearly," he said.
Francoeur said the audio that Harris's team has submitted seems to have removed the lower frequencies of the word in question, something they intend to question.
The statement of claim said on Nov. 14, Harris's legal team sent a letter to the production company's legal team, demanding the film be edited to change that subtitle and to include commentary that indicates Harris was trying to train the recruit.
Francoeur said he and his co-director offered to remove the subtitle in question and blur Harris's face, but Harris did not consider the offer adequate.
Harris is seeking an injunction against the film requiring it can't be screened until the scene in question is edited, a total of $150,000 in damages, and a declaration that the clip from the movie was published "maliciously."
Prince suffered broken ribs and a collapsed lung, and a key punctured the side of his neck. One officer in the case was convicted of assault, while two others were acquitted.
Harris, who has been with the Calgary Police Service for eight years, testified at the trial that during Prince's arrest he tried to get his fellow officers to stop their attack by yelling "YouTube alert" in hopes they'd be scared a member of the public was recording the violent arrest.
Francoeur said Harris also testified that he didn't submit notes about the incident at least in part because "they could have negative consequences for the other officers involved."
- An earlier version of this story says the audio came from a body-worn camera. In fact, it came from a mic worn by the officer tied to his car's video system.Nov 25, 2020 1:06 PM MT