Pang family sues RCMP over arrest of son

GREG YOUNGER-LEWIS

A family in Pangnirtung is suing two RCMP officers for allegedly forcing their way into their house and manhandling two family members.

The lawsuit, in which the family seeks damages of $4.5 million, stems from a fight with the police early one morning two years ago. The family claims the clash was rough enough to knock their adult son unconscious twice, and force him to seek help at the nursing station.

None of the family’s claims have been proven in court.

David and Leesee Qaqasiq said in documents filed last month that their family is still suffering from the trauma of a violent altercation with police in their home on Feb. 13, 2003. Their son, Charlie, who was six at the time, has been scared of police since he witnessed the fight.

The family’s statement of claim says Const. Richard White and Const. Shaun Devine entered their house in the early morning without a warrant while they were checking on a complaint made against the Qaqasiq’s adult son, Darryl.

The lawsuit documents said a senior officer ordered the two constables to make sure Darryl, a man in his mid-20s with past criminal convictions, was in the building. But the family’s lawyer wrote that the officers had no instructions to arrest him, because he wasn’t posing a threat.

But when Darryl answered the door that night and refused to let the police in, the officers forced their way into the house, according to his family.

The struggle between Darryl and the police was loud, waking his parents and two brothers. His 18-year-old brother tried to help free Darryl, and was assaulted by the police, according to the family.

After the struggle was over, police handcuffed Darryl and took him to the police station.

The Qaqasiq family lawyer, Sue Cooper, wrote in their claim that the officers’ conduct involved trespassing, unlawful detention, unlawful arrest and assault.

The lawsuit also applies to the Attorney General of Canada, which oversees RCMP activities throughout the country.

According to a CBC news story, a Nunavut court judge ruled in November 2004 that the officers’ actions constituted serious breaches of Darryl’s rights under the Charter. But the decision was overturned on appeal and a new trial was ordered.

Darryl faces one charge of uttering death threats to a police officer.

The Qaqasiqs have requested that the lawsuit proceedings be heard in Pangnirtung.

The RCMP hasn’t yet filed a statement of defence.