RCMP Const. Darrin Meier on top of Irene Joseph next to Mark’s Work Warehouse on Dec. 6, 2014. (File photo)

RCMP Const. Darrin Meier on top of Irene Joseph next to Mark’s Work Warehouse on Dec. 6, 2014. (File photo)

Northern B.C. woman awarded $55K in RCMP excessive force suit

Irene Joseph alleged false arrest and assault and battery related to a 2014 incident in Smithers

A Wet’suwet’en woman who sued a Smithers RCMP constable and the Attorney General of Canada for false arrest and excessive force has been awarded $55,000 in damages plus undisclosed court costs.

In her judgment released Friday (May 22), B.C. Supreme Court Justice Brenda Brown wrote that most of the facts of the case were not in dispute.

On Dec. 6, 2014, Cst. Darrin Meier responded to a complaint from Mark’s Work Warehouse about two shoplifting suspects.

Outside the store, he attempted to question Joseph, who refused to cooperate. He then attempted to arrest her, but she resisted, so he took her to the ground with a leg sweep manoeuvre and tried to handcuff her, but she had pinned her hands underneath her own body to prevent it. After several moments of a struggle on the ground, he let her up as another officer arrived. He searched her purse and cell phone, but found no evidence of theft and they let her go.

READ MORE: Witness testimony in excessive force suit concludes

At a trial last November and December Joseph sought damages for direct injuries she sustained as a result of being improperly detained and arrested (bruising to her knees and abrasions on her hands) and for aggravation the incident caused to pre-existing injuries and anxiety.

She alleged false arrest, false imprisonment, assault and battery and breaches of her Charter rights for the search of her belongings.

The defence argued Meier had reasonable grounds to believe Joseph had shoplifted, was justified to arrest her and used reasonable force.

Brown disagreed.

“I am satisfied Ms. Joseph was false arrested, falsely imprisoned, assaulted and battered,” she wrote.

Meier also argued the suit was brought against the wrong parties saying only the B.C. Minister of Justice is liable for actions of provincial constables in the performance of their duties.

Brown said she was not persuaded that Meier had reasonable grounds to arrest Joseph. Even if there had been grounds for arrest, the judge also rejected the argument that the constable had used no more force than necessary.

“A younger, fit person may need to be taken to the ground and have cuffs applied, particularly where backup is not immediately available,” she wrote. “However, Ms. Joseph was 61 years old at the time of the incident. She walked with a walker.”

READ MORE: RCMP officer being investigated over excessive force accusation

The judge said Meier had other options.

Joseph argued she should receive damages of $30,000 to $50,000 for her injuries, $10,000 for Charter damages, $20,000 for aggravated damages (for pain, anguish, grief, humiliation etc.) and $20,000 for punitive damages.

The defence said, if awarded, the general damages should be limited to the bruises and abrasions in the order of $5,500, but reduced by 90 per cent for Joseph’s “contributory negligence” (a failure to act prudently, thus contributing to her own injury).

The judge disagreed.

“I found Ms. Joseph to be a credible and reliable witness with respect to these complaints,” Brown wrote. “She did not exaggerate these injuries or the effect on her. I accept her evidence with respect to these complaints.”

The judge cited Joseph’s age, injuries, severity and duration of pain, emotional suffering and loss of lifestyle in awarding $50,000 in general damages.

On Charter damages, the defence argued they are not appropriate relief for compensation for violation of Charter rights. The judge agreed on that point, but said they are appropriate for vindication of the plaintiff’s rights and deterrence of future breaches.

Brown awarded $5,000 in Charter damages.

The defence also argued against aggravated and punitive damages, saying these are normally awarded to compensate for distress and humiliation caused by a defendant’s insulting behaviour. They said Meier’s actions did not rise to the level of insult and argued that her distress and humiliation was a result of her own refusal to cooperate.

The judge did not specifically address this issue, but made no award of aggravated or punitive damages.

Finally, Brown dismissed the argument that only the provincial justice minister can be held responsible saying she could not be satisfied the RCMP was a provincial force or that Meier was deemed a provincial constable.

She ruled Meier and the Crown are liable for the damages and court costs.



editor@interior-news.com

Like us on Facebook and follow us on Twitter

lawsuit

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

The Millstone River in Nanaimo. (News Bulletin file photo)
Regional district looks at value of Nanaimo’s natural assets

Report focused on the Millstone River could inform future decisions on corporate asset management

Protesters gather along the Pearson Bridge on Terminal Avenue in downtown Nanaimo last month as part of an event called Worth More Standing. (News Bulletin file photo)
LETTER TO THE EDITOR: B.C. hasn’t managed forests properly

Protesters opposing logging in Fairy Creek speak for many British Columbians, say letter writers

Nanaimo singer Victoria Vaughn recently released an EP with local producer Austin Penner. (Photo courtesy Taylor Murray)
Nanaimo singer and recent VIU grad releases EP about becoming an adult

Victoria Vaughn’s ‘Growing Pains’ recorded with local producer Austin Penner

The B.C. Centre for Disease Control has listed Harbour Air and Air Canada flights to and from Nanaimo, from April 3, 4 and 12, on its list of flights with COVID-19. (News Bulletin file)
COVID-19 cases reported for Air Canada, Harbour Air flights, says disease control centre

Nanaimo flights for April 3, 4 and 12 listed on BCCDC’s list of flights with COVID-19

Rebates through Clean B.C.’s Better Homes New Construction program are available, says the City of Nanaimo. (Vancouver Island University photo)
Energy-efficient home builds in Nanaimo eligible for up to $15K in rebates

All building permits issued on, or after, April 1, 2020 eligible, says City of Nanaimo

Pat Kauwell, a semi-retired construction manager, lives in his fifth-wheel trailer on Maxey Road because that’s what he can afford on his pension, but a Regional District of Nanaimo bylaw prohibits using RVs as permanent dwellings, leaving Kauwell and others like him with few affordable housing options. (Chris Bush/News Bulletin)
Housing crunch or not, it’s illegal to live in an RV in Nanaimo

Regional District of Nanaimo bylaw forcing pensioner to move RV he calls home off private farm land

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. The stage is set for arguably the most important federal budget in recent memory, as the Liberal government prepares to unveil its plan for Canada’s post-pandemic recovery even as a third wave of COVID-19 rages across the country. THE CANADIAN PRESS/Adrian Wyld
Election reticence expected to temper political battle over federal budget

Opposition parties have laid out their own demands in the weeks leading up to the budget

Noel Brown, Snuneymuxw First Nation carver, observes the house post he carved, which now is situated in front of the Kw’umut Lelum centre on Centre Street in Nanaimo. (Karl Yu/News Bulletin)
House post representative of work of Kw’umut Lelum in Nanaimo

Snuneymuxw First Nation artist Noel Brown’s carved red cedar house post unveiled Friday, April 16

(Black Press file photo).
Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

Russ Ball (left) and some of the team show off the specimen after they were able to remove it Friday. Photo supplied
Courtenay fossil hunter finds ancient turtle on local river

The specimen will now make its home at the Royal BC Museum

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Lord Tweedsmuir’s Tremmel States-Jones jumps a player and the goal line to score a touchdown against the Kelowna Owls in 2019. The face of high school football, along with a majority of other high school sports, could significantly change if a new governance proposal is passed at the B.C. School Sports AGM May 1. (Malin Jordan)
Power struggle: New governance model proposed for B.C. high school sports

Most commissions are against the new model, but B.C. School Sports (BCSS) and its board is in favour

Most Read