In an unprecedented move, Windsor police chief Gary Smith has publicly apologized to the Muslim community for the “embarrassment” caused by his tactical officers — a move that doesn’t sit well with the head of the city’s cop union.
“In my belief, this isn’t a cultural issue,” said Ed Parent, president of the Windsor Police Association and a former tactical officer. “These officers had a warrant to arrest someone. They went in, and they arrested this person.… That’s it.”
Smith held a news conference at police headquarters Thursday to address concerns about “the cultural sensitivity of Windsor police officers” stemming from arrests on Oct. 31.
Acting on a request by the RCMP and FBI, tactical officers arrested Windsor residents Mohammad Al-Sahli, 33, and Yassir Ali Khan, 30, in connection with a radical Islamic group based in Detroit.
The Emergency Services Unit made the arrests in a south Windsor residential neighbourhood, in full gear with guns drawn.
According to Patrick Ducharme, the lawyer for the two accused, male officers “pat-searched” a Muslim woman — Khan’s wife — who wasn’t a part of the arrest warrant.
Ducharme said such contact can be considered a “great personal violation,” particularly among Muslim women.
Smith wouldn’t go into detail about what actions were offensive, but admitted the controversy concerned the allegation about how the search was conducted. He said all members of the Muslim household including women were brought outside the residence.
“There really was a better way to do things,” Smith said before media. "(The incident) was predicated on some ignorance on our part.”
He added later: “We brought them out publicly … and the only right thing to do is to apologize publicly.”
Smith wrote in his release: “As chief, I recognize the training received by service members was insufficient to address the issues of (the day of the arrest). The actions taken did cause embarrassment and did offend … religious beliefs. I sincerely apologize to the families and the Islamic community.”
But Parent, who was an ESU member for 10 years, said he’s not sure what the officers could have done differently.
“Usually, when you make an apology, that means something was wrong. In my opinion, nothing went wrong here,” Parent said.
“I believe the officers were doing everything they’re entitled to do under the law. I believe they did it professionally. I don’t see an issue here.”
Parent said he hopes the controversy doesn’t affect ESU officers when they do their work. “I want our members to feel secure. They know what their abilities are, and they know what the law is.… They’re just trying to do their jobs.”
Ducharme praised the chief for making the apology.
“That is completely befitting of Gary Smith,” Ducharme said. “I’ve known him over the years to be a classy, thoughtful and sensitive individual.”
Al-Sahli and Khan were released on bail Nov. 6, against the wishes of U.S. federal authorities.
Speaking on behalf of his clients, Ducharme said he accepts the chief’s apology and thanks him for it.
Ducharme said he spoke with Smith about the incident, but he didn’t anticipate the chief would deal with the matter so publicly. “He said, ‘Leave it in my hands,’ and I knew that I was leaving it in capable hands.”
Ducharme said many members of the local Muslim community were upset about how the arrests were handled.
However, the Windsor Islamic Association has repeatedly declined to comment on the issue.
Smith said he was contacted by a representative of the Muslim community, and his inquiries led to a meeting with other Muslim leaders in the mayor’s office. “They didn’t ask me to make a public apology. I decided it was appropriate to make a public apology.”
Smith said the last time Windsor police officers (including ESU) underwent cultural sensitivity training was in 2007.
Smith noted the training did not include “in-depth” education on religious communities. He said the force will now be working with a leader of the Muslim community, Dr. Murad Aktas, to receive “more thorough” training.
The specifics of the new sensitivity training haven’t been finalized, but Smith said police will consult with Aktas as the need arises.
Smith emphasized that he does not think ESU members did anything wrong and that officer and public safety supersedes cultural concerns.
"(The apology) is coming from me, because I don’t blame my officers for anything there,” Smith said. “They acted in good faith.”
Smith said the Windsor police tactical team does not have any female officers, nor has it ever. Asked why not, Smith said that no women have applied.
Although Thursday’s apology was specific to the Muslim community, Smith said he intends to embark on a review of Windsor police sensitivity training regarding other groups.
Asked if this opens the door for more apologies by Windsor police, Smith said he doesn’t think that’s necessarily so. “We deal with the circumstances at the time, and we do what we think is correct and proper. In this case, I thought it was proper to do an apology.”