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HomeNewsSmithers woman falsely arrested in 2014 awarded $55k

Smithers woman falsely arrested in 2014 awarded $55k

A Wet’suwet’en woman has been rewarded $55,0000 for false imprisonment, false arrest and assault, and battery in Smithers.

Supreme Court of British Columbia judge, Justice Brenda Brown made the ruling released on Friday (May 22) after an incident outside of the Marks Works Warehouse in 2014.

Irene Joseph who was 61 at the time of the arrest said she received injuries when Smithers RCMP Constable Darren Meier improperly detained and arrested her.

She also said she has various chronic medical complaints including chronic pain, a fused ankle, and used a walker for mobility.

According to court documents, Joseph was shopping when she was mistakenly associated with another woman who was seen by the store manager putting a pink scarf into her bag.

The manager confronted the two women and the other woman threw the scarf down and ran away from the store.

Constable Meier approached Joseph as she was leaving the store and told her he wanted to talk to her.

She refused to stop or provide information to him.

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

After refusing to talk to Cst. Meier, he called his partner for backup where he then decided to put Joseph in handcuffs where she resisted.

Cst. Meier’s partner arrived shortly after where Cst. Meier searched Joseph’s belongings and cell phone.

He found no stolen merchandise and was then released.

In the documents, the defense argued Cst. Meier believed he had reasonable grounds to arrest Joseph, but in Madame Justin Brown’s ruling, she disagreed.

“In this case, I am not satisfied that Cst. Meier actually turned his mind to whether there were grounds to arrest Ms. Joseph. In any event, I am not persuaded that there were reasonable grounds to arrest Ms.Joseph,” she said.

She also wrote that the Cst. Meier had no grounds to arrest Joseph.

Joseph argued she should receive damages of $30,000 to $50,000 for assault and battery during her false imprisonment and false arrest, another $10,000 for Charter Damages, $20,000 for aggravated damages, and an additional $20,000 for punitive damages.

Joseph received $50,000 for non-pecuniary damages and $5,000 for Charter damages.

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