A Guelph man is suing local police and an individual officer for $6 million, claiming he was left with a brain injury following his 2022 arrest on a charge for which he was later acquitted.
According to the man’s statement of claim, the trial judge found police violated several aspects of the Canadian Charter of Rights and Freedoms, including protection from illegal search and seizure as well as arbitrary detention.
“(He) has endured and continues to endure profound emotional distress. His enjoyment of life has been seriously affected. His ability to participate in recreational, social, household, athletic and work activities has been eliminated or diminished,” the claim reads.
“(He) has suffered psychological stress, anxiety, and depression as a result of the abuse of the defendants. The full extent of (his) injuries, damages sustained, and future treatment has yet to be determined.”
None of the allegations have been tested or proven in court. Given the matter is currently before the court, a spokesperson for Guelph police declined to comment.
At this time, a statement of defence has not been filed.
It all started on June 1, 2022, as explained in the lawsuit documents.
The Guelph man was pulling into the underground parking garage on Quebec Street when he was stopped by police for allegedly having a modified muffler. He stopped his vehicle before entering the garage, covering the sidewalk, with police parked close behind him.
Believing the spot where he stopped to be dangerous, the man reversed slowly and “inadvertently tapped” the police vehicle’s bumper, causing no damage.
At that point, the man claims police “stormed” toward him, began screaming and accused him of being drunk.
When the man didn’t respond to the accusation, the officer reportedly stated they could smell alcohol on the man’s breath and placed him under arrest, without advising him of right to speak with a lawyer.
Police then searched the man in a “heavy-handed, invasive and violent manner” that included pulling his shorts down around his ankles without pulling them up after.
When a sergeant arrived, he ordered the officer to pull up the man’s shorts. “Upset with the treatment he had received” from the officer, the accused repeated the sergeant’s instruction, which “enraged” the officer.
In turn, the officer “proceeded to throw him into the back seat” of a police vehicle “causing his head to collide forcefully with the exterior of the vehicle.”
The man immediately began to experience severe head pain. In the days that followed he reportedly suffered memory loss, dizziness, headaches, nausea and confusion.
As a result, he underwent a CT scan on June 7, 2022 which showed damage to his brain tissue – something that was confirmed via an MRI on Oct. 15.
“As a result of the acts of the defendants (he) has been left with permanent functional limitations,” the lawsuit states, adding Guelph Police Service failed to employ qualified and competent servants, agents or employees. “It permitted (the officer) to act as a police constable when it knew or ought to have known that he was incompetent, lacking in reasonable care, skill, ability, training, and judgment.”
As for the man’s charges – impaired driving and dangerous operation of a motor vehicle – the statement of claim explains a trial was held between Nov. 22 and Dec. 19 of 2023 which resulted in a finding of not guilty.
