Indigenous elder injured in false arrest awarded $55K

A Wet’suwet’en elder has been awarded $55,000 in damages after a B.C. Supreme Court judge ruled she was “falsely arrested, falsely imprisoned, assaulted and battered” by an RCMP officer in a 2014 incident in Smithers.

Irene Joseph was 61 at the time of the Dec. 6, 2014, arrest, which took place outside a Mark’s clothing story.

Court documents detail how Joseph was shopping when she was mistakenly associated with a woman who was allegedly shoplifting.

After Joseph paid for her items, she was met by RCMP Const. Darrin Meier outside the store who asked to speak with her.

“She repeatedly told him that she had done nothing wrong and did not need to talk to him,” the court documents read.

When Joseph, who was using a walker, refused to stop or provide information to Meier, the RCMP officer called by radio for his partner to provide backup and proceeded to place Joseph in handcuffs.

The arrest resulted in a struggle that left Joseph face down on the ground, before Meier stopped, stood up and did not attempt further to handcuff Joseph.

The woman’s belongings were searched, no stolen items were found and she was released after having sustained some injuries including bruises, scrapes and soreness to her legs, neck, ribs and back.

Joseph also suffered headaches for about six months and her existing anxiety was aggravated.

In her ruling, Madam Justice B.J. Brown noted that there were other options available to Meier instead of attempting to arrest Joseph and that there was no need for the incident to turn into a struggle on the ground.

“In the circumstances, it was simply not necessary to physically subdue a woman of Ms. Joseph’s age and limited mobility,” Brown wrote.

Joseph was awarded $50,000 for non-pecuniary damages and $5,000 for Charter damages, along with costs.