Article content continued

“The two punches to Mr. Hamed’s facial area were completely contrary to the principles of proportionality, necessity and reasonableness,” wrote the judge in a scathing 19-page decision. “Not even one punch was necessary, let alone reasonable in this case. But Cst. Boldirev did not administer one but rather two punches, full force, 10 out of 10 on his scale of force to the facial area of Mr. Hamed.”

In an emailed statement, Ottawa police Chief Charles Bordeleau said the department is currently reviewing the decision to determine what action will be taken as a result.

The officer testified that he had pulled over Hamed after he allegedly did not signal a lane change on Baseline Road near Woodroffe Avenue. But the traffic stop quickly became a criminal investigation after Boldirev alleged he stuck his head in the window and spotted three or four flakes of marijuana between the driver’s door and the seat. He also said he smelled a pungent odour of fresh marijuana.

Boldirev said he told Hamed about his observations and asked him to get out of the vehicle before placing him in handcuffs and walking him to the police cruiser where Hamed “tensed up” and planted his feet. Boldirev said he had to pull, push and twist Hamed to get him into the car. It was shortly after this point that Boldirev said he sensed Hamed was trying to escape and delivered two “distractionary strikes” to his head area.

But Hamed said he was made to feel like a “hood rat” by the officer, who never told him why he was being detained. Hamed said he didn’t know what was happening; he said he was scared, upset and angry and kept asking the officer in a loud voice what he had done wrong. Hamed said it was after the officer pushed him face-first into the cruiser that he slapped him in the back of the head.