Judge sides with Mountie who hit motorcyclist to stop chase

A Manitoba Mountie who used his cruiser to knock a man off his motorcycle following a high-speed highway chase has been found not guilty of dangerous driving causing bodily harm.

Cpl. Kevin Challoner’s “split-second decision” came after he and other officers had exhausted all other options to bring the dangerous pursuit to an end, said provincial court Judge Don Slough, who acquitted Challoner on Thursday of a second count of assault causing bodily harm.

“In my view, police needed to take all reasonable steps to apprehend (the motorcycle driver ) and that included pursuing his motorcycle and stopping him before he killed himself or caused a serious accident,” Slough said.

Challoner stood trial in Dauphin earlier this year.

Court heard at trial that Challoner had been at a training event with his service dog and was driving east toward Dauphin on the afternoon of Aug. 29, 2023, when a motorcycle driven by Daniel Leclair passed him at high speed, nearly clipping the side of his cruiser. Leclair, who was wearing biker colours, drove into the path of an oncoming vehicle before veering back into the proper lane.

Challoner activated the police lights on his unmarked cruiser as Leclair continued to speed away and nearly collided head-on with three more vehicles, court was told.

“In my view, police needed to take all reasonable steps to apprehend (the motorcycle driver ) and that included pursuing his motorcycle and stopping him before he killed himself or caused a serious accident.”

Challoner called for backup and was joined by another cruiser and an unmarked police truck.

Leclair turned onto another highway and appeared to briefly slow down before speeding up again and threw his arm behind him, pointing his hand at Challoner.

“To Cpl. Challoner, it appeared like he had a handgun,” Slough said. “Challoner described himself as being terrified, believing his life was in danger.”

A dashcam in the police truck recorded officers “describing tactics to bring the pursuit to an end,” Slough said.

Challoner and officers in the marked cruiser tried to box in Leclair’s motorcycle. Leclair turned his motorcycle around, striking both police vehicles as he headed back toward the main highway.

Police blocked his path and Leclair turned into the ditch and reduced his speed.

Challoner testified he made a “split-second decision” to hit the motorcycle with his cruiser.

“I truly believed (he) was armed with a firearm,” Challoner said. “We had tried, we had exhausted all other opportunities to stop Mr. Leclair peacefully.”

Challoner said he was driving at a reduced speed when he hit the motorcycle and believed Leclair was wearing enough protective gear to spare him from serious injury.

Challoner released his service dog, which bit Leclair’s arm. Another officer levelled his firearm at Leclair and demanded that he show his hands. Dashcam video showed Leclair refusing to comply and trying to stand up when Challoner struck Leclair in the face and torso.

Leclair was arrested and found in possession of a folding knife, tire pick, and illegal drugs. Court heard he suffered three broken ribs.

“Driving at a high rate of speed at oncoming vehicles and doing so on four different occasions at the very least amounts to dangerous driving, if not criminal negligence.”

Slough said much of the evidence at trial was uncontested, with the case coming down to the testimony of duelling Crown and defence use-of-force experts.

Slough said he rejected the testimony of the Crown expert, who argued Leclair’s driving amounted to nothing more than a Highway Traffic Act violation, and should not have resulted in a police chase that put the public in danger.

“I disagree,” Slough said. “Driving at a high rate of speed at oncoming vehicles and doing so on four different occasions at the very least amounts to dangerous driving, if not criminal negligence.”

Slough said he did not believe the police chase increased the danger already posed by Leclair’s driving.

Challoner, who sat with his lawyer, Josh Weinstein, as Slough delivered his decision, was joined in court by over a dozen supporters. Challoner hugged one man before the group filed out of court.

Leclair was charged with several offences, including resisting arrest, flight from police, possession of a dangerous weapon and drug possession. He is set to stand trial this month in Dauphin.

Leclair filed a lawsuit against Challoner last year. It remains before the court with no hearing dates set.

dean.pritchard@frepress.mb.ca