N. B. Mountie found not guilty of assaulting woman during arrest

A New Brunswick judge acquitted an RCMP officer of an aggravated assault charge he faced after his arrest of a woman near Woodstock in June 2024. Court of King’s Bench Justice Christa Bourque said she accepted testimony that Cpl. Andrew Whiteway punched and kneed Christina Gillis while she lay on the ground resisting his efforts to arrest her outside her home in Richmond Corner.

But considering evidence that Gillis was interfering with police and being combative once put under arrest, Bourque said she found the force Whiteway used was not excessive. “It’s been a long time,” said Whiteway, speaking outside the courtroom minutes after the verdict.

"I’m glad that it’s done. “I felt secure in my actions that day and I still do, and I’m just glad we get to see justice.” Bourque’s decision followed a trial in January that heard testimony from a dozen witnesses, including Gillis, her husband, her daughter, other officers who witnessed the arrest, and Whiteway, who testified in his own defence.

N.B. Mountie acquitted of assaulting woman he punched during arrest In summarizing the testimony, Bourque said RCMP officers were called to Gillis’s residence on June 13, 2024 over a domestic disturbance arising from the actions of Gillis’s underage daughter. When officers arrived, Gillis’s daughter left the house and ran into a nearby field.

When three Mounties eventually took the daughter into custody, Gillis approached them and began yelling at the officers. Whiteway, who’d just arrived as Gillis approached the group, attempted to arrest her, leading to the two falling on the ground, and then Whiteway punching her and kneeing her in the back in an attempt to place handcuffs on her.

“The evidence supports that Cpl. Whiteway’s actions… were directed at gaining control of a rapidly evolving situation,” Bourque said. "The court cannot conclude beyond a reasonable doubt that the force used fell outside the range of reasonable responses." Bourque spent more than 80 minutes delivering her verdict before a Woodstock courtroom so packed that some people had to listen from the hallway outside.

Whiteway sat in the gallery, in a dark blue suit, straight-faced for most of the proceeding. Once the verdict was announced, his neutral expression gave way to a smile as he got up and exchanged hugs and handshakes with family and law enforcement colleagues. Bourque said the evidence rested largely on witness testimony, making her verdict an exercise in determining who seemed more credible.

It was a test that pitted the word of Gillis and her husband against that of four Mounties. Bourque said Gillis testified Whiteway punched her more than 10 times after he grabbed her by the arm and slammed her into the ground.

However, Bourque pointed out an interview Gillis had days after the incident with an investigator with the Serious Incident Response Team, which looks into instances when a police officer's actions result in injury or death.