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News (Media Awareness Project) - CN AB: Local Man Sues Police For Alleged Assault And Defamation In 2004 Arrest I
Title:CN AB: Local Man Sues Police For Alleged Assault And Defamation In 2004 Arrest I
Published On:2006-06-06
Source:Hanna Herald (CN AB)
Fetched On:2008-01-14 03:02:13
LOCAL MAN SUES POLICE FOR ALLEGED ASSAULT AND DEFAMATION IN 2004 ARREST IN
WINNIPEG

A local mechanic has filed a lawsuit against The Attorney General, officers
on the Winnipeg Police Force and RCMP for what he claims are false
accusations and damages done to himself and his business.

Aubrey Bruneau, proprietor of Bruneau Performance Enterprises in Hanna
recently filed a suit against Sgt. Steve Colwell, Edmonton RCMP's Cpl.
Wayne Oakes, Media Relations Officer for K Division, Winnipeg Police
Force's Chief Jack Ewatski and eight unnamed officers.

He added that he was of the opinion the Hanna RCMP detachment were not
involved in this case.

The suit was filed on April 24, 2006.

The suit stems from his arrest on September 15, 2004 in Winnipeg while
heading to an auto convention in Kansas City, Missouri, U.S.A. There
he was taken down by several officers in the parking lot of the Canad
Inn.

The statement of claim alleges during the arrest, at gunpoint, his
left arm was bent back with enough force to tear several tendons and
rotator cuff.

He also claims the arrest was inexplicably violent.

The statement of claim alleges inconsistencies and exaggerations in
the charges. According to a statement made shortly after his arrest by
the RCMP, Bruneau and several others were charged with:

- -Conspiracy to Produce Methamphetamine (USA),

- -Conspiracy to Produce Methamphetamine (Canada),

- -Conspiracy to export Methamphetamine, and,

- -Export Methamphetamine. (This charge was never formally
laid)

Initially, Bruneau was charged with two counts of conspiracy to
produce methamphetamine, one count of conspiracy to export ephedrine
and finally one count exporting ephedrine.

In May, 2005 one count of conspiracy to produce methamphetamine as
well as the charge to export ephedrine were withdrawn by the Crown.

Bruneau claims "The remaining charge related to methamphetamine has no
basis in fact or from evidence. I am confident that the Crown's office
will eventually elect to withdraw this charge as well."

He then said "it was always my understanding the ephedrine was simply
one more body building supplement that was marketed by my brother's
business."

There was also an allegation that $3.5 million was seized from
Bruneau, making it almost impossible for him to obtain Legal Aid in
Manitoba.

In a letter from Legal Aid to Bruneau dated October 7, 2004, it
stated:

"The newspaper reports indicate that there have been $3.5 million in
cash seized across Canada. We expect you to hie a lawyer privately and
that lawyer will bring a court action to have the Court release monies
for the defence of this case."

Bruneau claimed he never has access to any money. This is confirmed by
a letter written by Crown Prosecutor Clyde Bond to Legal Aid Manitoba.

In the letter dated February 10, 2005, to Gil Clifford of Legal Aid
Manitoba Bond wrote, "I can advise that this is not the Crown's
position that Mr. Bruneau had possession of any cash that was seized;
as well he cannot be linked to the cash that was seized during the
police investigation."

Bruneau adamantly denies there was any methamphetamine.

"There was no meth," he claims. "I had no knowledge of any conspiracy.
The ephedrine was fully documented and commercially transported to me
by Hi-Way 9 Trucking."

He claims the ephedrine was under the control and ownership of his
brother, for Trans Canada Fitness, Omnisport Nutrition, both owned by
Rodger Bruneau Sr. were responsible for the movement of ephedrine.

The RCMP state that ephedrine is used in the production of
methamphetamine.

He said as far as he knew, the ephedrine and other goods he
transported were for sports nutrition supplements.

In the statement of claim he alleges that he has suffered damage to
his personal and professional reputation. financial loss, increased
debt load and mental distress from the accusations.

He has undergone surgery to correct the damage he says was inflicted
during the arrest. The surgery was unsuccessful and he believes that
the disability from the injury is permanent. He also says he has to
deal with the constant pain and permanent limited mobility in his left
arm.

"I have almost no strength in my arm, making it hard for me to do
certain tasks at work," he said.

On the suit itself, neither Edmonton's K Division or the Winnipeg
Police Force had comments.

"We cannot make any statements at this time as they might influence
the outcome of the suit," said Cpl. Oakes in a telephone interview. As
of press time, no statement of defence had been filed for the RCMP or
Winnipeg Police.

None of the allegations in the statement of claim have been proven or
tested in court.

Money, Bruneau said, is not what he is after.

"What I want is a chance to set the record straight. The false
information provided by the RCMP to the media has irreparably damaged
my business and family."

Bruneau is being represented by the Merchant Law Group in Regina,
Saskatchewan.

As for the criminal proceedings, there have been numerous remand
dates, resulting in no advancement of the case whatsoever. The
outstanding charges have been remanded to Sept. 7, 2006.

Up until February of this year (18 months) Bruneau has represented
himself without a lawyer in all proceedings, including a motion for
disclosure, which was heard in the Court of Queen's Bench on October
12, 13, and 14, 2005. There has yet to be a decision by Justice
Sinclair on that motion.
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