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

Suspected cocaine, opioids, cash, and ledgers were seized in raids on Nov. 21. (Langley RCMP/Special to the Langley Advance Times)
Three arrested in raid on Langley dial-a-dope ring

Police say the suspects were selling into the Aldergrove area

Langley School District is asking parents and students to prepare for the “possibility” of return to remote learning. (Unsplash photo)
District asks Langley students to prepare for ‘possibility of remote learning’

Two more schools were issued COVID-19 exposure alerts Tuesday

Langley residents took their questions and concerns to TransLink’s open house at Langley City Hall in November of 2019. (Langley Advance Times files)
LETTER: Langley MP’s SkyTrain request will go nowhere

Liberal government will ignore Conservative MP’s call for SkyTrain funding

Langley City’s Gregory Douglas snapped a picture of a rainbow over the downtown core Tuesday, Nov. 24. “Just wanted to share this beautiful view that I happened to capture today, that illustrates not only Mother Nature’s beauty,” but what an “amazing city” we live in. (Special to Langley Advance Times)
SHARE: Langley City resident discovers treasure and both ends of the rainbow

Send us your photo showing how you view Langley, and it could be featured in a future edition

Sonya Perkins of Langley’s Forever Yours Lingerie said there’ve been challenges, but customers are supporting local shops during the pandemic. (Matthew Claxton/Langley Advance Times)
‘Shop Local’ key as Langley businesses work through COVID

Business groups are trying to encourage local buying to keep stores alive

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

File photo
Surrey RCMP investigating death threat against Surrey councillor

‘On Monday morning I received a threat on messenger that basically said to put a bullet in me,’ Councillor Jack Hundial told the Now-Leader

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
Abbotsford mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

A fentanyl test strip is used at Vancouver Coastal Health in Vancouver, Tuesday, January, 21, 2020. The test strips will be made available to drug users to ensure that their drugs are safe and free of Fentanyl. THE CANADIAN PRESS/Jonathan Hayward
Drug overdoses lead to 5 deaths each day in October; drug toxicity continues to increase

COVID-19 crisis continues to exacerbate the overdose crisis

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Most Read