A man from a southern Manitoba town is accusing an RCMP officer of malice after he says the officer used excessive force when he arrested him “without probable grounds two years ago — and arrested him again later that year in an effort to “embarrass and intimidate” him.
Lyall Hudson, from Niverville, Man. has filed a lawsuit against the RCMP and one of their constables, claiming that their actions during multiple interactions with Hudson “were motivated by malice and/or a primary purpose other than that of carrying the law into effect,” according to a statement of claim filed April 5 in the Manitoba Court of King’s Bench.
The claim says Hudson has been put in a negative light after he was arrested twice, accused of assaulting a police officer, and detained by the same officer again in early 2023.
He’s seeking general, special, aggravated and punitive damages.
The lawsuit also names the Attorney General of Canada, whom CBC News has contacted for comment. None of the allegations have been proven in court, and no statements of defence have been filed.
An RCMP spokesperson said the force cannot comment on cases before the courts.
“We respect the judicial process and will allow it to take its course,” the spokesperson said.
Hudson, 53, was first arrested by the officer in April 2022 while he was driving with an old, inactive licence plate, the lawsuit says. The officer told him his vehicle, which was also missing a headlight, was unregistered and had to be impounded.
Hudson claims he eventually stepped out of the vehicle, but went back in to close the driver-side window and get his phone and wallet.
That’s when the officer “violently and aggressively reached into the open driver’s side window and attempted to physically remove [Hudson] from his vehicle,” the claim alleges.
Hudson was pulled from the vehicle and the two fell to the ground before the officer began striking Hudson with his hands.
Hudson “attempted only to shield himself from the assault of [the constable],” the suit says. He was eventually handcuffed and later charged with uttering threats, assault of a police officer and resisting arrest.
A RCMP news release on the incident posted days later says the driver of the vehicle had become “aggressive and threatened the officer,” and began fighting the RCMP officer who was trying to arrest him.
However, the claim says, the news release was inaccurate, and was published knowing it would convey that Hudson “is an aggressive individual and a criminal.”
In late 2022, the Crown agreed to stay Hudson’s charges in exchange for him entering a guilty plea for displaying an incorrect licence plate.
‘Embarrass and intimidate’
Hudson was again pulled over and arrested by the same officer on Dec. 8, the claim says, after his former spouse went to the St. Pierre-Jolys RCMP detachment and told officers about historical allegations of abuse against Hudson.
At that time, the pair were involved in a custody battle.
Hudson claims the officer initiated that arrest, which occurred in front of his 12-year-old son, “in an unnecessary and abusive fashion, to embarrass and intimate [Hudson].”
“Since he had no criminal record, the allegations were historical, and that there was no urgency, the RCMP had the option to call the plaintiff and ask him to attend the detachment, rather than effect the arrest roadside in the presence of his son,” the claims says.
Hudson was detained in custody overnight, and the lawsuit says Mounties opposed Hudson’s release because he was facing criminal charges of assault to a peace officer. However, the Crown had already agreed to stay those charges — something the officer should have known, the claim says.
Less than a month later, the same officer was driving past a gas station where Hudson was enacting a custody exchange for his son, when the officer turned his vehicle around and detained Hudson, according to the lawsuit.
Hudson wasn’t charged, and “it is unclear the grounds [the officer] had to detain [Hudson],” the suit says.
‘Failure to fully investigate’
Hudson also alleges the officer didn’t investigate an incident that happened between him and his former spouse prior to both arrests, which he claims had a direct impact on the Crown later deciding to stay an assault charge against his former spouse.
The lawsuit says Hudson’s spouse contacted the RCMP in August 2021 over a dispute between the two. When the officer arrived, Hudson tried to give him a full statement about the incident, but the officer dissuaded him from doing so and only took a cursory statement from him.
The former spouse was arrested and charged with assault, though Hudson was not contacted by the officer or other RCMP members to give a full statement about the incident, the claim says.
The officer’s “failure to fully investigate” the incident and get a detailed statement from Hudson directly impacted the Crown’s decision to stay the proceedings against his former spouse, according to the claim.
Later, when Hudson went to the St. Pierre-Jolys RCMP detachment to ask how he could submit a complaint about the officer, the staff there wouldn’t help him identify the officer since Hudson only knew his first name.
In March 2023, Hudson and his lawyer, Kerry UnRuh, filed a complaint against the constable with the Civilian Review and Complaints Commission for the RCMP, an independent agency that investigates complaints against the RCMP.
In an email to CBC News, UnRuh said they are awaiting a response on the complaint. The commission said it does not publicly confirm receipt of a complaint.