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Charter
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Victim who was cooperating suffers serious injuries when officer releases police dog to attack
The victim alleges that in 2009, Constable Dzioba pulled him over for a missing licence plate. The Statement of Claim states that the victim cooperated by getting out of the car, placing his keys on the ground, putting his hands behind his head and approaching the officer to surrender. Despite this, the victim claims that Dzioba deployed his police dog without any warning or prior instruction to the victim. The victim suffered extensive injuries as the dog bit him for several minutes, resulting in permanent injuries and muscle damage. In 2012, Dzioba was due to attend a disciplinary hearing for unlawful or unnecessary exercise of authority and deceit with relation to this event. He turned in his badge and resigned the day before the hearing was meant to occur. -
Youth victim cooperates with arrest, officer tases him despite cooperation
On April 3, 2004, a 21 year old man was followed by police in a car chase through North Edmonton. He was stopped with spike belts and got out of the car at a run. Soon he surrendered and dropped on his stomach to the ground. He was approached by six officers, including Constable Wasylyshen, who kicked him in the head. A knee was placed on his back holding him down, bloodying his face. He was then tasered multiple times by several officers.While attempting to handcuff him, Wasylyshen broke and injured fingers on the victim's hand. At a cross-examination after the event, the court found Wasylyshen to have displayed a disturbing arrogance and an unwillingness to confront his mistakes. In a 2012 disciplinary hearing, Wasylyshen was found guilty of two counts of unlawful or unnecessary exercise of authority and insubordination. -
Victim has his home broken into by police before they interrogate, beat and tase him
Marty and Cynthia Lacerte had a number of officers forcefully enter their home on or around October 27, 2006. Upon doing so, their door was damaged, and both were interrogated by the officers without being informed of their Charter rights. When Marty asked about whether the officers had a warrant, one officer allegedly responded, falsely, that they didn't need one, after which Marty was then thrown to the ground. Allegedly, one officer stood on his head as others began kicking him and he was tased twice. After this ordeal, he was further detained. -
Man receives permanent facial injuries requiring surgery in assault by EPS officers
Anthony Maskell was beaten and left with permanent facial injuries by Constables Nadine Comeau and Darin Goldenberg during a traffic stop in March of 2010. This is a case of egregious police conduct an unwarranted, grave assault causing serious permanent injuries, Provincial court Judge Donna Groves said in a 2011 written ruling. This is one of those clearest of cases that requires the court to communicate unequivocally that such conduct will not be tolerated. The officers pulled over Maskell because a check on his license plate revealed he was suspended from driving. Officers removed Maskell from the car and threw him to the ground, placing him in the prone position. Maskell said that he was aggressively handcuffed and that the handcuffs were too tight. Officer Weins, who arrived on the scene with his partner after Maskell was handcuffed, testified that Maskell was pushed against the side of the car to hold him up. Weins stated that Maskell was having difficulty holding himself up and his legs were unsteady. Maskell states that he was thrown like a rag doll and that his face was pushed against the car by officers Comeau and Goldenberg. He reported having difficulty remaining conscious and having difficulty remembering much of what happened during the encounter with police. The officers said that Maskell exhibited signs of impairment; however, Maskell explained that the slurred speech and any possible stumbling or disorientation on his part were symptoms of a head injury. Judge Grove noticed several inconsistencies between the testimony of Goldenberg and Comeau in their recounting of the events. The judge deemed Maskells testimony of events credible. Maskells family took him to the Royal Alexandra Hospital where he underwent a CT scan and it was determined that Maskell had suffered severe facial trauma. Maskell was diagnosed with multiple facial bone fractures predominantly on the right side of his face. Maskells orbital bone was broken, as well as his nose. He had a deviated septum, and the tissues in his cheek were separated from the bone. Surgery was required to repair the damage to the right zygoma, right maxilla, right orbital floor, and a resuspension of the right cheek tissue. During surgery, two titanium plates were permanently inserted in the orbital/cheek area. -
Victim assaulted, arrested, and searched after jaywalking; EPS officers investigated and sued in civil court
Deron Kuski, a lawyer from Regina, was arrested on August 4, 2002, by Edmonton Police Service officers Jason Forbes and Carlos Cardoso after jaywalking. Kuski and two companions crossed a street with no visible traffic. After reaching the other side of the street, officers Forbes and Cardoso approached Kuski and his companions. Forbes asked Kuski for identification, which Kuski did not provide. Forbes asked Kuski if he could search him, to which Kuski replied no, what for. Without warning, Forbes placed Kuski in handcuffs and kneed him on the top of the knee, causing Kuskis leg to buckle. Forbes proceeded to search Kuski and remove his identification and personal belongings from Kuskis pockets. Kuski did not resist while being handcuffed but was shocked with the amount of aggression that the officers used against him. Whenever I would hear about a complaint like this against a police officer or someone in authority, you hold some kind of skepticism toward it Kuski said in a CBC article (linked below). You think the guy must have done something, he must have lipped them off or got physical with them or something. And the fact this incident was not like that, yet they maintain they were within their rights of doing what they did, is so disturbing to me. Forbes told Kuski that he would be taken to the police station. Kuski was read his rights, but he asserts that he was not told what he was being arrested for. Kuski was placed in a police cruiser and detained in a cell at the Old Strathcona Police station for approximately one hour before being released around 2:30 am. Kuski was locked out of the police station while only wearing a golf shirt and pants in 0