Lawyer and wife settle lawsuits against RCMP
Couple alleges wrongful arrest walking home from St. Albert pub
Alberta RCMP have settled lawsuits brought by a St. Albert lawyer and his wife, who allege they were roughed up and wrongfully jailed after leaving a local pub more than five years ago.
James and Robin Weary were walking home from the Blind Pig Pub in St. Albert at about 1:30 a.m. on Nov. 17, 2013, when an RCMP officer stopped them.
The constable claimed the two were about to enter a vehicle in a nearby parking lot that had just been started remotely, James Weary said. The Wearys explained the vehicle did not belong to them and that they were walking to their home, about 800 metres from the pub.
The officer then accused them of jaywalking across St. Anne Street. He handcuffed Weary’s right hand, but struggled to apply the other handcuff. A statement of claim filed in 2015 alleges Weary was struck in the temple during the arrest.
A statement of defence from police denied wrongdoing on the part of the officers and claims Weary resisted.
While Weary admitted he was “sarcastic” toward the officer and swore at him, he said he was never told he was being arrested. Police deny the claim.
Robin Weary’s claim said she complied with police but was nonetheless thrown against a police car and placed in a painful hammerlock.
Eventually, backup arrived and the husband and wife were taken to the detachment, where they were released after nine hours in cold, brightly lit cells. They claim they were never read their rights or allowed to make a phone call.
Both husband and wife also claim in their lawsuits that the officers involved prepared false reports alleging they were inebriated and jailed for their own safety.
Weary said the RCMP agreed to settle both claims in February for $31,000, about half of which will go toward legal costs.
He now wants to speak out about the experience. While some lawsuit settlements require the plaintiff to not discuss the case publicly, Weary would not agree to such a provision.
“I figured if I didn’t do something about it, nobody would,” he said. “Because few people have the resources and skill set to pursue something like this.”
The RCMP provided a statement to Postmedia saying Weary was arrested for public intoxication and held for a period of time without charge.
“On advice of counsel, the civil action was settled,” RCMP said. “Alberta RCMP will not provide any further comment on the settlement.”
Weary, who primarily practises real estate and estate-planning law, said the evidence discovery process for the lawsuit produced an internal RCMP K Division communique advising officers that arrests for public intoxication should only occur when the person is “stupefied” — so drunk that they are a risk to themselves or others. Weary said cell footage proves he and his wife were nowhere near that point. In addition, several minutes of surveillance footage from his booking was missing. He also said RCMP are only supposed to hold someone until they’re no longer intoxicated. St. Albert RCMP hold allegedly intoxicated people for a minimum eight hours, Weary said, which raises questions about arbitrary detention.
He’s since heard of other people who have had similar experiences. For Weary and his wife, the biggest lingering effect of the incident is a mistrust of law enforcement. “I expected better of them, I really did. I was quite astonished — shocked, by our treatment,” Weary said.
Statements of claim and defence contain allegations not proven in court.