A retired farmer from MacGregor, Man., is suing the Royal Canadian Mounted Police after an officer allegedly shocked him with a stun gun after busting into his home.
Leonard Braun is seeking Charter damages in addition to other restitution, but no dollar amount has been attached.
“In our view, the officer’s actions represented really a blatant disregard for Mr. Braun’s Charter rights to be free from that kind of action by police,” said lawyer Karl Gowenlock, who is representing Braun.
Gowenlock said he believes sections of the Canadian Charter of Rights and Freedoms were breached, such as Section 8 which deals with unreasonable search and seizure, Section 9 which prohibits arbitrary detention plus Section 7.
“Fundamentally it’s a breach of Section 7, which kind of encompasses them all, in that the officer was acting outside of his authority at the time,” Gowenlock claimed in an interview.
Incident at the home
In February 2023, RCMP officer Cst. Jamie O’Brien and his partner were called to Braun’s home after receiving a call to “help keep the peace” by a friend of Braun’s former spouse who was helping her move out as the result of a separation, according to the lawsuit filed in the Court of King’s Bench last week.
When the Mountie arrived along with his partner, the spouse and her friends were parked outside in a minivan.
O’Brien knocked at the door but Braun did not answer, and instead opened his awning-style kitchen window and told the officer his spouse “had already removed all her personal belongings from the residence, and anything else in the residence was shared marital property,” says the statement of claim.
Braun also requested the Mounties to leave his property, says the court document.
O’Brien then tried to unlock the door using the spouse’s key and Braun prevented him from opening the door, according to the lawsuit.
The officer then went to the window and knocked, Braun opened it and told him he was not welcome inside and requested him to leave his property, says the court document.
“That seemed to anger the defendant O’Brien,” reads the statement of claim.
The officer allegedly placed his arm between the fold-out window and house in order to prevent Braun from closing it.
Braun said he wanted to close the window and reached forward to wind the window shut, according to the statement of claim.
“At this moment the defendant O’Brien appeared to lose his temper and accused [Braun] of assaulting him. He then began repeatedly and forcefully pulling on the window until it shattered,” says the lawsuit.
Stun gun and arrest
Then, O’Brien and his partner allegedly kicked open the locked door.
O’Brien pointed his stun gun at Braun and yelled at him to put his hands — which were empty — above his head, according to the court document.
Braun then turned around with his hands still above his head so that his back was facing the officers, says the lawsuit.
“Cst. O’Brien shot the plaintiff in the back with his [stun gun]. This caused immense pain to [Braun], and caused him to momentarily lose consciousness and fall to the ground,” says the statement of claim.
Braun was arrested for assaulting a police officer and his hands were handcuffed behind his back.
While being led to the police cruiser by O’Brien, Braun slipped and fell on the ice, hitting his face on the ground and causing the constable to fall as well, according to the lawsuit.
Braun was taken to hospital and treated for his injuries.
Trial for assault
Braun’s trial for the charge of assaulting O’Brien started several months later. According to the lawsuit, O’Brien testified that he understood Braun did not want to speak to him and wanted him to leave the property and that he placed part of his body between the open window and the house for the purpose of preventing the window from being closed.
After hearing the testimony of Cst. O’Brien and his partner, the Crown attorney stayed the charge mid-trial, says the court document.
The lawsuit alleges O’Brien was acting outside of his lawful duties when he prevented Braun from closing the window.
“[Braun] was under no duty to let the officer into his residence, or to continue speaking to him through the window. By preventing the plaintiff from closing the window, the defendant Cst. O’Brien was interfering with the plaintiff’s lawful enjoyment of his property,” reads the lawsuit.
The statement of claim says even if there were lawful grounds to arrest Braun, there were no urgent circumstances that would require O’Brien to force his way into Braun’s home rather than wait to get a warrant.
“Given that the entry into the residence was not authorized by law, the use of the [stun gun] on the plaintiff was likewise not authorized by law, and constituted an unlawful use of force.”
In addition to Charter damages, Braun is seeking compensation for damage to his house, legal fees and long-term psychological implications, Gowenlock said.
A spokesperson from the RCMP said it’s not in a position to comment on an ongoing civil matter outside of the appropriate legal processes and filings.
“Ultimately, our feeling is that this is a way to get accountability for the actions of the RCMP, ” said Gowenlock.
