NCJ 08 18 755CVC BNaulalik RCMP

1.8 MB·English

Coun File 89s 75S

IN THR NUNAVU COUR OF JUSTICE,

BERNARD NAULALIK

Phase

IME ROYAL CANADIAN MOUNTED POLICE, HER MAJESTY THE QUEEN IN RIGHT OF
CANADA as epreseated by [HE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN
FRECHETTE-MASK, and CONSTABLE RYAN DAWISKIBA
Defendants

NOTICE 10 DEFENDANTS

ce with the

1. Yu ave hereby wolfe thatthe Paint may enter jxgment against you in sccendan
stigched Statement of such Judgment as ray bo grated under the Roles of
rf of Justice, withost Further notice (© you, unless within 25 days aller servce af the

Statement of Cixim on yo, you cause to be fle inthe offie ofthe Clerk of cre Nunavut Coust

of lustcs either

Nina

a aSttsmont of defence, o

bon Appearance,

‘ad ness within he same time you serve a copy afte Statement of Defenes of Appearaace on
the Plaintiff o the Plaintifs laser:

‘The attached Statement of Claim isto be served witha 12 suonths Som the dey on which it is
Issued

3. Fury Defendant should consult his or her lawyer, or refer to the Rules ofthe Nunewut Court of
Justcs to dzermine his or her rights.

The atached Ststemen: of Claim is hecchy sued wut of che aie of the Clerk of the Nursuat
Court of fustise st gait, Nunavut 08 22,2018,
/ i, S
Uferefes® iy

hs Nahauctigu <
ae
aur: Fle

IN THE NUNAYUT COLRT OF IUSTICL

BEIWEEN:
BERNARD NAULALIK,
Phintist

sad

THE ROYAL CANADIAN MOUNTED POLICE, HER MATESTY THE QUEEN IN RIGHT OF
(CANADA as sepzesenced by TUE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN
TRECHETTE-MASK, au CONSTABLE RYAN DAWISKIBA
Defendants

STATEMENT OF CLAIM

1. “The Pail; Berard Navlalik Me, Nou’, i w twenty-cight (28) year ol inavdual who

at all relovsnt nis was a residene of Iglu, Nuns

The Defendant, The Attomey Ge

oF Canada ("The Attomey Genera"), employs tre Royal
‘Canadian Mounned Police RCMP") to prove polsiag, security, intelligence, and investiga

services within Canad, including inthe City oF Iglu, The Attorney

(1) ofthe Crown Liabiticy and Proven Aet, RSC. 1985, &, C50.

fener is sumed purmant

19 Section

3. The Defendant, the RCMP, is a police fine Sar Canade, consisting of officers and athe:

sremiers, formed pursuant io the Hayat Canadion Mounted Palice et, RS.C. 1985, R10.

4. The Defencan, Constable Kevia Trechete-Mask (Constable Lrechette-Mast"), was at all

material times empplayeal as am RCMP officer serving in the City of Iglu, Nunavut

The Defedunt, Corsizble Ryan Dawiskiba (Constable Dewiskihe"), ws at all materiel times

employed as a RCMP affver serving in the Cry of Iga, Nurs
The evenss of Devember 4.2016

6. Asaresult ois nest Mr, Saul wa
2016.

‘ususporte ta *heTaphit KUMP ation oz: Decemer

‘Upon arriving at the Igahut RCMP sation, Mr, Naulait was escorted hy Carstale Leases
Mask and Constable Dawishibu tothe eet! hlook aves aad into Cell No 3 (he “Cell

8. Once in the Cell Conssable Feechete-Masc and Consislle Dawiskiba pushod Mr. Naulaik re his,
Ices, thea fice fs tothe fl, ai ae remaved his handcull,

9. Constable FrechettoMask and Constable Dawiskioa theu begin removing Me. Nauluik’s
clothing.

10, While Ms. Nauk’ clothing wes being removed bythe olives be was repeatedly ced in the
head, kiekod in the head, struck inthe ead und body with fists, and poner sprayed

11. As result of he imteraction with the off

in the Cell Mr, Navel was charges witha single
count of rsisting or ab

ices engaged in the execution oftheir uy

12. Mr. Naulalic we not charged with any offence related to the initia! acest

13. or reasons unknown to Mz. Naulelil, the single cout

rsiming o¢ obslnucting officers

‘engaged in the exccuton other duty was discon prir to trie,
‘Me Navlolik’s Aniunes

14, As a raul of the blows administered Mr. Naulaie received injures to his read, face buck,

‘mouth, eet, and had bruses a over bis body
15. One of Mr. Nana's teeth fell out ard two others were chipped ass result onthe inside.

16. Mr, Naulalik was no proved medics! treatment om the RCMP following the iucident end was

smmly maved 0 another cel

(Mr. Naulaie has hed 9 mcimber of incidents with the Tyuit RCMP in wach be Fels Ine was

subjecod to excessive fave
18, Mr. Natali Feats interstions withthe igatait RCMP,

19, Mr, Naulaik hs sullered eraotonally and has tae feeling

of depression fllewng the incident
Mr. Naulalil’s Claims

20, Mr. Naulalik pleads that he was wraneflly ciested saad uals fully detuned hy ehe RCMP at
that tiene was Tegal Jasefietion for ts isprisonment whieh deprived! him of hie Homy
ssguinst his wil

(Mr. Nauleik pleads that Constable Frechete-Msak aud Constable Davwskiba wrongfully ant
ineentionatly comnted ssl apd alter by stg him inthe heady fice, and body, ane by

using pepper sprey, and are lable Lor the daranges he sand

2a

Itemative, Mr, Naulalis pleads tha? Consible Fechette-Mask and Consable Davriskibe

were negligent inthe

src0 of free they used sad used excessive force in te ereumstances,

22, Mr. Nawaik also peas Coastable Frecleite Mask, Constable Dawiskiha, the RCMP, and the
Atiomey Gener! of Caneda al breached shir espootive Giducary duces us ensure that she Mr.

[Naulalk was ‘their care that he woud not be the subject of any tortunes oF wrong act by
embers of the RCMP and as a cesult cach is jointly ard severilly liable for the damages

sustained by Mr. Naulalik

24, The Allomey General of Canada and RCMP, are vicariously or cherie lise for he wrong
‘ols of Constable Prechette-Mask and Constable Dawiskiha, who were at all materiel Uxes
sployees of the ROMP.

25. Inthe further sltemave, the Atomey General of Cada and RCMP are ube in negligence for
fe injuries sosained by Mr, Navlelik in fling wo provide anoper or aesquate insuction and

‘raining Fs emplayees ranting use of fore or sch olber newigence as may ape,
26, Me, Naulalik proposes th this tion be tried a the City of Tg, Nunavat

WIIFREFORE THE PLAINTIFF CLAIMS AGAINST THE DEFENDANTS, JOINTLY AND
SEVERALLY:

1, Gears damages ia ie ameunt of $40 000;

Loss af iacome. in a9 amount to be proven othe Wl of this gion, Gar missed work while Me,

aula recovered fm hisses;

3. Punitive dumages. nan amount he proven al Use il of this tons
4

Dated at the Hamlet of Cambridge Bay, Nunavut, on Decesher 3, 2018, and d

Amgravaced demages ia aa goat to

oven atthe tra] of his ation:

Tinerest ow all of dhe abovs pursuart to the J

amendments thers:
Costs: and

‘Such further an ser relief ws this Honourable Coat nity deer jh

re det, SINAW.T., 1998, 24 91 aad

red by Peter

LLeCain, solicitor for the PainIl, whose address for sorvioe is Kitkamect Law Cente, 23 Mitik Shel,
(Cambridge Bay, Nunavut, XOB OCD,

10:

Peter Leta
‘Conssel forthe Plinitl

Department of lustos, Nunevut Regional Office
(Qimugjuk Building #6, 2 Floor

PO Rox 2200

Tgaluit, SU

SOA OHO

‘Royal Cenadin Mounted Polies National Headquarters
Heeacquaries Building

72 Leikin Drive

nave, ON

KIA OR

‘Constable Kevin Frechetie-Mask
Iqaluit RCMP Detechrment

‘961 Feral Ron

Igaku, NU

OA GH

Constable Ryn Davwiskaba
Iqait ROMP Detaclaaeat
‘930 Federal Road

Igaku, NU

XOA ano
Cour HieNo, 28 GOSS

IN LL SUNAVLY COURT OF JUS

ick

INTHE MATTER BETWEEN

BERNARD NAULALI
Pleinslf

‘THE ROYAL CANADIAN MOUNTED
POLICE, HER MAJESTY THE QUEEN

TN RIGHT OF CANADA as represented

by THE ATTORNEY GENERAL OF
CANADA, CONSTABLE KEVIN
FRECHETTE.MASK, and CONSTABLE
RYAN DAWISKIBA

Defendants

STATEMENT OF CLAD

Deung ed in aceardance wes

Peter LCain
anrstr ant Solitor
Ketikmeot Law Centre
23 Milk Steet
CCambadge ay, NU
‘XO 0CO

‘Telephone: [phone]
Fax: [phone]
Rall No. 2015026

ratios Durweive #18