After a high-profile city staffer and former police officer was charged with assault, he was released with a condition that an expert calls highly unusual – a decision that's sparked a call for a review of domestic violence cases handled by London police over the last five years.
A women's advocate is arguing the circumstances of Marcel Marcellin's release raises broader concerns about the process for those charged in domestic cases.
Marcellin, who works in the city manager's office, was charged Aug. 17 with two counts of assaulting a woman dating back to 1995 and 1996.
The allegations haven't been proven in court. Marcellin's lawyer Joseph Markson said last month the charges are "agenda-driven and false" and his client looks forward to having them dismissed.
Marcellin was released from the police station on the condition that he stay at least 25 metres away from the woman – but with an exception that allowed him to attend his children's school and sports activities.
That could put the woman in danger and violates the requirement to keep distance between the two, said Megan Walker of the London Abused Women's Centre.
Walker is calling for an audit of how London police handled domestic violence cases over the last five years, a request she intends to bring to the police board later this month.
"I've never seen that, in 20 years. I would say that's special treatment because he was a police officer," she said.
Marcellin worked for London police for more than two decades.
Though she was surprised to see such a condition set at the police station, Mersereau said it's not necessarily a bad thing, noting allegations between parents shouldn't drive punishment such as restricting access to children.
London police said they couldn't comment on cases before the courts when asked about the conditions crafted for Marcellin. But in answer to broad questions about who sets those rules for release, police described the process.
The domestic violence unit reviews all the cases, a sort of mini-audit that looks at the investigation, release, and conditions.
Several officers, and the complainant, have input into the release conditions. That includes a "risk assessment" to determine potential danger. The ultimate decision about release is made by the sergeant in charge of detention.
And a criminal record matters. If a person has breached their conditions or not shown up for court, harsher conditions or custody may be more likely.
Marcellin does not have a criminal record.
There's a "ladder" that sets out varying options, from the least strict release – the person is free to go, and there are no conditions – and ratcheting all the way up to a stay behind bars.
Barbara MacQuarrie, community director of the Centre for Research and Education on Violence Against Women and Children at Western University, said that each domestic case is individual, and police need to have the flexibility to make decisions based on safety.
A five-year review would take up valuable time and resources, she added.
But safety for the people involved in domestic cases should always be the goal, MacQuarrie said.