ONE LAW FOR US ONE LAW FOR COPS

Hamilton police officer will serve probation for kicking 'helpless' Indigenous man in head, judge says

Story by Samantha Beattie • Jun 29

Hamilton police officer Brian Wren will serve 18 months of probation for assaulting an Indigenous man under arrest.

At Wren's sentencing Thursday, Ontario Court Justice Bruce Pugsley described Wren's actions as "assaulting a helpless prisoner."

Wren was the acting sergeant of a plainclothes police unit when he assaulted Patrick Tomchuk last May.

Tomchuk was already laying on the ground, "unresisting and possibly unconscious," handcuffed and restrained by several other officers when Wren kicked him in the head and face multiple times, Justice Pugsley said.

Wren kicked Tomchuk so hard, he broke his own toe, Justice Pugsley noted.

"There was no need of any assistance from the defendant," Justice Pugsley told the court over a Zoom call. "The force used by the defendant was not in any way reasonable. A person can die from being kicked in the head."
Judge rejects Wren's request for discharge

Justice Pugsley rejected the defence's request that Wren be granted a discharge — a finding of guilt but with no registered conviction when he completes his probation. This type of sentence would mean Wren doesn't have criminal record, making it more likely he could continue working as a police officer, Justice Pugsley said.

"A discharge would send the wrong message that there's a sentencing path for police and another for the public," said Justice Pugsley. "Consider if the roles were reversed, if a member of the public was found guilty of kicking a police officer in the head and on the ground."


Patrick Tomchuk was assaulted by Hamilton police officer Brian Wren last May. He attended Wren's sentencing hearing at the John Sopinka Courthouse on June 5, 2023. (Samantha Beatite/CBC)© Provided by cbc.ca

Wren is currently suspended from the Hamilton Police Service. There will be a disciplinary hearing at a later date where Hamilton police will determine if Wren will be fired or continue on as an officer.

Tomchuk and his family were not present for the sentencing, however at the hearing earlier this month, he told CBC Hamilton he would be "disgusted" if Wren didn't serve jail time.

Sentence 'lowest end of the spectrum'

Both the Crown and defence recommended Wren serve 18 months of probation, which Justice Pugsley said on Thursday was at the "lowest end of the sentencing spectrum."

While judges have the power to order harsher sentences, Justice Pugsley declined to do so. He said he considered that before this assault, Wren had a "unblemished and fine record" as a police officer. Justice Pugsley also said Wren pleading guilty to assault showed he was taking responsibility for his actions.

Wren's defence previously said Wren is Indigenous and requested a Gladue report be prepared.

Gladue principles require circumstances in an Indigenous person's life to be taken into consideration during sentencing.

Aboriginal Legal Services declined Wren's request for the report due to lack of evidence of his Indigenous identity, Justice Pugsley said on Thursday. While he was prepared to take into consideration Wren's Métis heritage, it appeared to have little impact on his upbringing, actions or police career.