A retired farmer from MacGregor, Man., He is demanding the real mounted police of Canada after an officer supposedly surprised him with an electric gun after entering his house.
Leonard Braun is looking for the letter in addition to other restitutions, but the amount of dollars has not been attached.
“In our opinion, the officer’s actions really represented a shameless contempt for the rights of Mr. Braun’s statutes to be free of such action by the police,” said lawyer Karl Gowenlock, who represents Braun.
Gowenlock said he creates sections of the Canadian letter of rights and freedoms They were violated, such as section 8 that deals with the search and irrazonable seizure, section 9 that prohibits arbitrary detention plus section 7.
“Fundamentally it is a violation of section 7, which covers them all, since the officer was acting outside his authority at that time,” Gowenlock said in an interview.
Incident
In February 2023, RCMP CST officer. Jamie O’Brien and his partner were called to Braun’s house after receiving a call to “help main King’s Bench court last week.
When the Mountie arrived with his partner, the spouse and his friends were parked outside in a minivan.
O’Brien knocked on the door, but Braun did not respond, and instead opened his awning style kitchen window and told the officer that his spouse “had already eliminated all his personal belongings of the residence, and anything else in the Residence was shared marital property. “says the claim statement.
Braun also asked the Mounties to leave their property, says the judicial document.
O’Brien then tried to unlock the door with the spouse and Braun key prevented him from opening the door, according to the demand.
Then, the officer went to the window and hit, Braun opened it and told him that he was not welcome inside and asked him to leave his property, says the judicial document.
“That seemed to anger the defendant O’Brien,” says the statement of claim.
The officer allegedly placed his arm between the window and the folding house to prevent Braun from closing it.
Braun said he wanted to close the window and reached forward to close the window, according to the claim statement.
“At this time, the defendant O’Brien seemed to lose his stirrups and the defendant [Braun] to attack it. Then he began to throw repeatedly and strongly on the window until he broke, “says the demand.
Stun and arrest gun
Then, O’Brien and his partner supposedly kicked the closed door.
O’Brien pointed to his pistol of stunning to Braun and shouted to put his hands, that they were empty, above his head, according to the judicial document.
Braun then turned with his hands even above his head so that his back was in front of the officers, says the demand.
“CST. O’Brien shot the plaintiff on the back with his [stun gun]. This caused immense pain to [Braun]And he made it momentarily losing consciousness and falling to the ground, “says the claim statement.
Braun was arrested for assaulting a police officer and his hands were handcuffed behind him.
While he was taken to the police cruise by O’Brien, Braun slipped and fell on the ice, hit his face on the ground and makes the agent also fall, according to the demand.
Braun was taken to the hospital and treated for his wounds.
Assault judgment
Braun’s trial for the position of assaulting O’Brien several months later. According to the demand, O’Brien testified that he understood that Braun did not want to talk to him and wanted to leave the property and that he placed part of his body between the open window and the house with the purpose of avoiding the window to be closed.
After listening to CST’s testimony. O’Brien and his partner, the crown lawyer suspended the position in the middle of the trial, says the judicial document.
The demand alleges that O’Brien was acting outside his legal duties when he prevented Braun from closing the window.
“[Braun] He had no duty to let the officer enter his residence, or continue talking with him through the window. By preventing the plaintiff from closing the window, the defendant CST. O’Brien was interfering with the legal enjoyment of the plaintiff of his property, “says the lawsuit.
The claim statement says that even if there were legal reasons to arrest Braun, there were no urgent circumstances that required O’Brien to make its way to Braun’s house instead of waiting to obtain a court order.
“Since the entry into the residence was not authorized by law, the use of the [stun gun] In the plaintiff he was also not authorized by law, and constituted an illegal use of force. “
In addition to the damage of the letter, Braun is looking for compensation for damage to his home, legal fees and long -term psychological implications, said Gowenlock.
An RCMP spokesman said he is not in a position to comment on an ongoing civil issue outside the appropriate legal processes and presentations.
“Ultimately, our feeling is that this is a way to obtain responsibility for RCMP actions,” Gowenlock said.
