A man who says he was brutally beaten by RCMP officers during his arrest at his home on the Siksika Nation in 2016 has filed a lawsuit against the force.
According to the statement of facts that were submitted to court on Thursday, Christian Nolan Duckchief says that he was asleep inside his home at around 6:00 a.m. on April 1, 2016 when police came to his door for a routine investigation.
An eight-year-old child answered the door and the officers, Constables Tyler Christian and Constantin Hadjievangelou, allegedly pushed past the child and entered the home illegally.
The court document says the police officers then entered the bedroom and found Duckchief and his wife, Chantel Stonechild, naked on the floor.
They attempted to put handcuffs on Duckchief while he was sleeping, but he woke up and began to resist arrest, believing he was being attacked.
The document states that Duckchief managed to bite Christian’s thumb during the altercation.
Duckchief eventually stopped resisting once he realized that the two men in his bedroom were police officers.
The statement of claim goes on to say that the police officers reacted negatively to Duckchief’s initial resistance and proceeded to assault him with their fists and elbows, hitting him approximately 20 times.
Duckchief suffered a broken nose and had several bones broken in his eye socket as well as numerous other injuries during the course of the attack.
Once the pair completed handcuffing Duckchief, the statement of claim says he attempted to get up, but Christian kneed him in the face one or more times, further exacerbating the injuries.
The document says that he asked the officers if he could get dressed, but the offer was refused and Duckchief was put into the back of a police car and taken to the station naked.
It was only after he was placed in a cell that he was given a pair of underwear to cover himself.
The court document says that Duckchief’s injuries were treated by EMS only after a significant amount of time had passed.
He underwent reconstructive surgery to his nose and face and was charged with resisting arrest and assaulting an officer among a number of other charges.
All of the charges were stayed by the court.
Furthermore, Duckchief’s lawyer said that the whole incident may have been the result of a mistake on the part of the RCMP.
"They may have been under the mistaken impression that his bail conditions prevented him from being in the residence which was not the case,” said Dale Fedorchuk shortly after Duckchief was released on bail. “If they were doing an investigation of a vehicle theft from the night before, I think the question is why did they attend at 6 o'clock in the morning?”
The document states that Christian and Hadjievangelou violated Duckchief’s rights by entering his home, arresting him without a warrant and holding him unlawfully.
They further violated his Charter rights by allegedly depriving him of his dignity by leading him naked through the detachment, in front of everyone present, including a female civilian member.
The statement of claim says that Duckchief continues to suffer from sporadic memory loss and a deterioration of cognitive function as a result of his injuries.
He and his family is seeking damages in the amount of just over $2M, plus interest.
None of the claims have been proven in court and there were no charges filed against Christian or Hadjievangelou as a result of this incident.
The RCMP has not commented on the allegations.
The full statement of claim is available below.