A judge has criticized the Yellowknife RCMP for taking an intoxicated sexual assault victim to jail instead of to hospital.

In a decision released earlier this month, Justice Garth Malakoe said there are no circumstances that would justify confining the woman to police cells overnight in May 2017.

鈥淚 am unable to imagine circumstances which would justify this type of treatment of a victim of sexual assault,鈥� he wrote. 鈥淚t appears the victim was not treated with the dignity and compassion that she or any victim of a sexual assault deserves.鈥�

Malakoe said the woman should have been taken to hospital for an examination.

Police said in a statement quoted in the judgment that the highly intoxicated woman was taken to the cells for her safety.

Malakoe鈥檚 observation was made in a verdict rendered on Wade Kapakatoak, who pleaded guilty to sexual assault. Kapakatoak was captured on surveillance cameras committing the assault at night behind a movie theatre. It was witnessed by the theatre鈥檚 owner.

Police said the victim was so drunk she was passing in and out of consciousness. She had difficulty talking and dressing herself.

The arresting officer told court he arrested the victim for public drunkenness and took her to jail 鈥渇or her safety.鈥�

鈥淭he treatment by the police of the victim was egregious,鈥� wrote Malakoe. 鈥淭his treatment is an issue that should be examined and the police should have to explain.鈥�

RCMP in Yellowknife did not immediately respond to a request for an interview.

Bree Denning of Yellowknife Women鈥檚 Society said that things have changed.

鈥淭he RCMP did frequently take people who were intoxicated to cells,鈥� she said. 鈥淰ery few people desire to go to cells, so there鈥檚 already that adversarial relationship set up.鈥�

Since the woman鈥檚 arrest, Yellowknife has funded an outreach program to get drunk or vulnerable men and women off the street and to a safe place, either a home or a shelter.

鈥淚t鈥檚 based around the strain that calls about people who were intoxicated in the downtown core were putting on emergency services,鈥� Denning said. 鈥淩CMP were seeing thousands of nights in cells a year.鈥�

She said she鈥檚 not aware of that happening since the sobering centre was put in place.

鈥淚 think there鈥檚 been a lot of progress.鈥�

鈥� By Bob Weber in Edmonton. With files from Cabin Radio.

The Canadian Press