Francophone Edmonton man awarded $22,000 for assault by police officers
Mario Dubé ‘subjected to unnecessary, disproportionate and unreasonable force’ by RCMP Const. Ryan Dlin and Edmonton Police Service Const. Troy Forester, judge finds
A Franco-Albertan who was told to speak English during a traffic stop has been awarded $22,000 in damages after an Alberta Court of Queen’s Bench judge found he was assaulted by two police officers.
According to Justice Jane Fagnan’s decision, Mario Dubé was injured when Edmonton Police Service Const. Troy Forester smashed his driver-side window within 30 seconds of pulling over, before he was pepper-sprayed and punched during his arrest.
The judge concluded the actions of neither Forester nor RCMP Const. Ryan Dlin – who she found punched Dubé as he was being restrained – could be justified, noting that there was no evidence of “urgency, perceived danger, problematic driving, impairment or physical aggression” by Dubé.
“He was subjected to unnecessary, disproportionate and unreasonable force. His injuries were not trivial. The fact that he could have been subjected to more force or suffered more serious injuries is irrelevant,” Justice Fagnan wrote. “Courts are not oblivious to the fact that police officers have very challenging jobs. However, use of excessive force chips away at their moral authority, ultimately rendering the challenges of policing more difficult.”
In a statement to Court Report Canada, Dubé’s lawyer Erika Norheim said her client was “very pleased” with the decision, despite having to wait 15 years since the events transpired in June 2006.
“This is a very important decision for French speaking Albertans, as well as for persons who have been subjected to unnecessary police violence, as it shows that there are remedies for community members who have been unreasonably deprived of their rights by police,” Norheim said. “It took a very long time, and significant effort on the part of Mr. Dubé to obtain this justice but, in the end, he has been vindicated by the Court.”
Neither police force wanted to comment when contacted, although the RCMP noted that Dlin retired in May 2021. According to a 2014 Edmonton Journal report, Forester was subsequently demoted from a Sergeant back to senior Constable after admitting disciplinary charges related to consensual sexual interactions with a woman while on duty, but an EPS spokesperson did not answer questions about his current employment status.
According to Justice Fagnan’s ruling, EPS and RCMP officers were working on a joint impaired-driving checkstop on a clear evening near Beaumont – an Edmonton neighbourhood with a large French-speaking population – when Dubé was pulled over.
However, things went quickly downhill as the driver – who had a distrustful relationship with police – grabbed his camera and voice recorder, and began speaking loudly in French to officers, none of whom could understand him.
At trial, Forester told the court he broke the window with his baton during an attempt to arrest Dubé for a Criminal Code obstruction offence because of what he viewed as his refusal to hand over documents or identify himself.
However, the judge found that the officer was “probably irritated by Mr. Dubé taking photos and speaking French.”
“He wanted to open the door to obtain the camera when he had been unsuccessful in grabbing it through the window. When he realized the door was locked, he more or less immediately shattered the window so that he could reach in to try to unlock the door, which he proceeded to do,” Justice Fagnan added.
After the window was smashed, Dubé drove off with several officers in pursuit, before pulling over again a few kilometres away at the Edmonton city limit, because the blood in his eyes was affecting his vision.
The decision says Forester was first to the vehicle and immediately pepper-sprayed Dubé at close range, before dragging him out through the broken driver’s window with the help of Dlin, who had smashed the passenger side window and undone Dubé’s seatbelt. Once handcuffed, the driver was then detained with his arms behind his back for two hours at the roadside.
The judge also accepted that Dubé was hit by an officer who told him to “Speak English Elvis,” in the mistaken belief that they were dealing with Elvis Dubé – Mario’s son – who had previously been arrested by the RCMP and clashed with officers over his desire to be addressed in French. Justice Fagnan concluded that Dlin was probably responsible, since he had knowledge of the family’s history with the RCMP.
“I find that this assault was a form of reprisal for past interactions between Elvis Dubé and the RCMP,” she added.
The evidence concerning Dubé’s extraction from his vehicle, restraint and handcuffing all satisfied the judge that unnecessary force was used.
“The officers involved testified that they had no difficulty removing him once his seatbelt was undone or restraining him once he was removed from the truck. The handcuffs went on easily, and he was calm afterward,” Justice Fagnan wrote. “Nevertheless, in the process of restraining him, which probably took less than a minute, and in the moments following, he suffered various injuries. It is true that injuries do not necessarily establish unnecessary force”
“However, Mr. Dubé was gratuitously punched, either stomped or kicked in the back, and suffered injuries including scratches and abrasions on his left shoulder, skinned elbows, a red contusion on his forehead/temple, a laceration on the left side of his head, and a skinned thumb. Given the officers’ evidence that hardly any force, or none, was required to effect the arrest, these injuries are unexplained and the force that caused them cannot be found to be necessary, proportional or reasonable,” she added.
The two police officers must personally cover the punitive damages portion of the award - $5,000 for Forester and $3,000 for Dlin – after Justice Fagnan found the EPS and RCMP could not be held vicariously liable for their employees’ “high-handed and malicious” actions.
“While the evidence before the Court would suggest that the EPS failed to provide proper training to Cst. Forester in traffic services, there is no evidence to support a finding that EPS does not take steps to educate their members regarding respect for linguistic minorities. Therefore, the Chief of EPS is not vicariously liable for the punitive damages awarded in respect of Cst. Forester’s tortious conduct,” she wrote. “Similarly, there was no evidence before this Court to suggest that the RCMP has been complicit or blameworthy in connection with the basis for the punitive damage award against Cst. Dlin, for example in failing to train employees regarding respect for linguistic minorities. The RCMP officers testified that they were aware they should be attempting to facilitate communication with Mr. Dubé.”
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