(videos contain strong language)
A Cobourg man was arrested on Thursday (March 28, 2025) for not allowing officials into his backyard.
Ironically, after he arrest officials went into the back yard and found it was in compliance.
Fifty-eight-year-old Brett Smith makes no apologizes for his disdain for the Cobourg Police Service.
He’s said it for years and the Cobourg Police Service is well aware of it.
Smith was charged in 2020 for failing to leave premises upon direction, cause disturbance and assault with intent to resist arrest after police stated they were dispatched to YMCA Northumberland in Cobourg for Smith who was not wearing a mask. Staff wanted him removed from the premises. It lead to a conducted energy weapon (Taser) being used.
The charges were dropped by the Crown in agreement that Smith would make a $1,000 donation to a charity.
The incident surrounding Smith’s arrest on Thursday, March 27, 2025 started the day before.
On Wednesday a by-law officer attended Smith’s residence on Maher Street in Cobourg’s west end as a result of a neighbour complaining about the condition of Smith’s backyard.
Smith immediately refused the by-law officer access to his backyard.
By-law told him, he’d be coming back on Thursday with members of the Cobourg Police.
Not wanting a confrontation to happen, Smith reached out to Cobourg Police as he did shortly after the previous incident at the YMCA Northumberland.
“I said to him, lets develop a system for your safety and my safety and your officers safety so events like today can’t happen. If you want to communicate with me – text me. I’ll come in and we’ll discuss whatever you want to discuss. But if you want to communicate with me in anyway, do not turn up at my house unannounced. Because I don’t trust you.”
In a e-mail on Wednesday Smith reminded Cobourg Police Chief Paul VandeGraaf of what he stated previously.
“Of course I refused entry to my property as I despise woke communists with a passion. Comrade Cobourg informed me he would be coming back with the Cobourg Gestapo Police ‘Service’.
Just reminding you that for your ‘officers’ safety AND mine that you will not be attending this property under any circumstances. I hope we are both in agreement on this?”
Looking back, Smith said he did everything he could for the incident on Thursday to not happen.
“The way I look at it – if people know about it, it won’t happen.”
“I told my wife last night (Wednesday) they will be here today in force.”
Smith believes the complaint about his yard came from a neighbour who is in a ongoing dispute with him.
Smith said a neighbour has called police and the fire department approximately 20 times.
He stated it’s one thing to have a neighbour to make numerous complaints to authorities, but it’s another to have authorities show up every single time to find everything is compliant.
Municipal By-Law officers along with Cobourg Police did attend Smith’s residents at approximately 11:30 a.m. on Thursday.
In a press release issued on Friday, police stated they attended to “stand by for a property inspection by Cobourg By-Law.’
The release stated that when Smith arrived, he “became irate with the police officers’
presence and refused to allow entry onto the property without a warrant.”
Police advised that under the Building Code Act a officer can enter property, “at any reasonable time without a warrant for the purpose of inspecting the property to determine:
1. Whether the property conforms with the standards prescribed in the by-law; or
2. Whether an order made under subsection (2) has been complied with.
Police say Smith, “refused to allow officers entry to the property and obstructed their path. Police attempted to take the resident into custody, and the man resisted arrest.
Smith was charged with obstruct police officer and was released on a undertaking with a court date of May 7, 2025.
Speaking with Today’s Northumberland shortly after his release, Smith believes the incident on Wednesday, “was a conspiracy to provoke and aggravate myself so that I would do something stupid” because of his pending lawsuit for $100,000 against the service in relation to his arrest at YMCA Northumberland.
On Thursday around 11:30 a.m. Smith received a call from his son stating numerous officers were at their home on Maher Street.
Arriving home and pulling into his driveway a short time later from shopping and with his dog in the car, Smith could see officers in front of his house.
The officer in charge stated what would be happening and that officers would be going into his backyard.
Among other things, Smith advised the officers that he’d sent a e-mail to the Chief of Police.
Officers continued to state that by-law would be going into the back yard of the residence.
“While I’m talking to them I open my door (to the vehicle) to get my groceries and my dog, and that’s when the little Karen (police officer) lost it.”
Smith said the officer slammed the car door and told him couldn’t let the dog out.
“I said, “it’s a pup for starters and I’m putting him inside.”
Smith went around to the back of the van and opened it up to get the groceries.
“Opening the back was for me to get my shopping out, not the dog, because he couldn’t get out at that point.”
“As soon as I opened that door – it was on.”
At that point is when police grabbed him.
“He (police) laid hands on me and that was it.”
Smith said he didn’t resist, and, “I just laid there and took the blows.”
While two bylaw officers watched as neighbours came from their homes, three officers tried to arrest Smith. With a siren wailing, another officer showed up.
After he was arrested and taken to the police station, and by-law officers went into the backyard and determined it was in compliance.
Simply put, Smith said, “the rationale behind the visit is bullshit,” stating by-law could have just looked over the neighbours fence to see if his yard was in compliance.
Smith received a cut to his head, abrasions to his wrists from the handcuffs and a bruise on his arm.
He’s extremely grateful for his son who took video of the incident along with two neighbours who witnessed the incident..
Smith’s lawsuit for $100,000 against the Cobourg Police in relation to the incident at YMCA Northumberland will be heard in Cobourg Court on June 5.
Author: Pete Fisher
Has been a photojournalist for over 30-years and have been honoured to win numerous awards for photography and writing over the years. Best selling author for the book Highway of Heroes - True Patriot Love
