News (Media Awareness Project) - CN AB: Cops' Suit May Deter Complaints |
Title: | CN AB: Cops' Suit May Deter Complaints |
Published On: | 2003-12-12 |
Source: | Calgary Sun, The (CN AB) |
Fetched On: | 2008-01-19 03:50:05 |
COPS' SUIT MAY DETER COMPLAINTS
Litigation against a drug running suspect who filed a complaint against his
arresting officers to the Alberta ombudsman could have a chilling effect, a
Calgary lawyer said yesterday.
Stephen Jenuth said the defamation lawsuit filed by two Cochrane Mounties
could deter others from making complaints to the government watchdog.
"It could be an unintended effect," said Jenuth, president of the Alberta
Civil Liberties Association.
"Should people who complain to the ombudsman be afraid of getting sued?" he
said.
"It might actually deter people from filing a complaint."
Constables Jennifer Bonzer and Will Wark have launched a $600,000 damages
claim against accused drug courier Troy Gordon Letcher.
Letcher, of Nelson, B.C., was arrested on Feb. 28, 2001 after being stopped
during a routine check along the Trans-Canada Hwy.
After officers detected the smell of marijuana, a search uncovered two
joints and nearly $13,000 in cash.
Letcher filed a complaint with the ombudsman alleging the officers told him
he could turn over the cash and go on his way, or get a receipt and his
life would be torn apart.
In their lawsuit, Bonzer and Wark say the written statement -- which was
also raised by Letcher in his defence -- is false and defames their
reputations.
Letcher's complaint triggered an internal investigation against the
officers, one which was dropped when he was convicted of possessing a
narcotic and the proceeds of crime.
Those convictions were both overturned by the Court of Appeal last week
which ruled Letcher did not receive a fair trial.
Jenuth said complaints to the ombudsman should be treated like those made
to the police and should be privileged unless deliberate attempts to defame
are made.
Litigation against a drug running suspect who filed a complaint against his
arresting officers to the Alberta ombudsman could have a chilling effect, a
Calgary lawyer said yesterday.
Stephen Jenuth said the defamation lawsuit filed by two Cochrane Mounties
could deter others from making complaints to the government watchdog.
"It could be an unintended effect," said Jenuth, president of the Alberta
Civil Liberties Association.
"Should people who complain to the ombudsman be afraid of getting sued?" he
said.
"It might actually deter people from filing a complaint."
Constables Jennifer Bonzer and Will Wark have launched a $600,000 damages
claim against accused drug courier Troy Gordon Letcher.
Letcher, of Nelson, B.C., was arrested on Feb. 28, 2001 after being stopped
during a routine check along the Trans-Canada Hwy.
After officers detected the smell of marijuana, a search uncovered two
joints and nearly $13,000 in cash.
Letcher filed a complaint with the ombudsman alleging the officers told him
he could turn over the cash and go on his way, or get a receipt and his
life would be torn apart.
In their lawsuit, Bonzer and Wark say the written statement -- which was
also raised by Letcher in his defence -- is false and defames their
reputations.
Letcher's complaint triggered an internal investigation against the
officers, one which was dropped when he was convicted of possessing a
narcotic and the proceeds of crime.
Those convictions were both overturned by the Court of Appeal last week
which ruled Letcher did not receive a fair trial.
Jenuth said complaints to the ombudsman should be treated like those made
to the police and should be privileged unless deliberate attempts to defame
are made.
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