A Winnipeg police officer accused of wrongfully detaining a corner store clerk in a lawsuit has denied all allegations of improper conduct in his own court filings.
Harjot Singh, a former employee of a Sargent Avenue convenience store, with Winnipeg defence lawyer Ian Histed acting on his behalf, filed the suit in December, naming Winnipeg Police Service patrol Sgt. Jeffrey Norman and the City of Winnipeg as defendants.
An amended statement of defence on behalf of Norman and the city, filed Aug. 8 by William Haight and Brad McClelland of Winnipeg law firm Phillips Aiello, asserts that the patrol sergeant’s inspection of J & F Supermarket was carried out in good faith and done according to the powers granted to him as a peace officer.
WAYNE GLOWACKI/FREE PRESS FILES
Winnipeg Police Service patrol Sgt. Jeffrey Norman (pictured), an officer of more than two decades, has been repeatedly accused of misconduct in past lawsuits and Law Enforcement Review Agency complaints
The defence has asked for the court to dismiss the lawsuit with costs.
The lawsuit claims Norman demanded entry to the shop at 730 Sargent Ave. — which has since closed following a fire — on Dec. 2 last year, then wrongfully detained Singh, who said he had been in the basement to use the washroom when Norman arrived.
Police previously said Norman came knocking during an investigation into the improper sale of untaxed cigarette, vaporizer and cannabis products to minors at inner-city stores.
After he came upstairs and let Norman in, Singh alleged in his lawsuit he was placed in handcuffs and told he was under arrest for obstruction, before Norman seized his cellphone.
The clerk also claimed Norman searched the building without a warrant and threatened him, an Indian immigrant in his early 20s, with deportation if he didn’t cooperate with the search or answer questions.
Norman, an officer of more than two decades, has been repeatedly accused of misconduct in past lawsuits and Law Enforcement Review Agency complaints, though the outcome of most litigation has remained behind closed doors, while a 2015 lawsuit against him and another officer was found in their favour late last year.
The defence filings note the Dec. 2 inspection was about the third Norman had conducted at the shop. On previous visits, Norman was granted quick access to the store.
Norman, the new court papers claim, saw Singh moving around in the basement on a security camera monitor through a window.
“Based on the plaintiff’s movements and delay in granting him entry to J & F, Norman believed that the plaintiff was obstructing his inspection and attempting to destroy and/or conceal evidence,” the defence papers say.
The court filings say Norman told Singh he was under arrest for attempted obstruction, then “briefly handcuffed” him to ensure his safety while the officer looked in the basement to see if another employee was there and to check on the evidence.
Finding nothing had been hidden or destroyed, Norman released Singh from the handcuffs, told him he wouldn’t be arrested and continued the inspection, the defence says. Norman’s defence also says the officer placed Singh’s phone on a counter, then returned it after he took the cuffs off.
Norman found vapour products that contravened provincial legislation, the court filings say, and gave him a warning about the products as well as a warning about the conditions stemming from an unspecified prior arrest.
“At no time did Norman threaten the plaintiff as alleged or at all,” reads the defence filing. “Norman left J&F without taking any further action.”
The defence filing says the incident did not breach Singh’s charter rights, as alleged, nor has he suffered any loss or damages.
In his lawsuit, Singh said he is seeking monetary damages and for the city to establish a specific training program for WPS officers on the rights of persons detained and searched.
Norman and the city’s defence filing says there is no basis in fact or law for a court to compel the police service to create such a program.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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