Edmonton police asks court to order homeless man to pay $8.4K before proceeding with lawsuit
A man experiencing homelessness who is suing the Edmonton Police Service is facing a new hurdle after EPS applied for an order requiring him to pay $8,400 in security for costs.
Dwayne Cardinal is suing the city and EPS over encampment cleanup
Jesmeen Gill · CBC News
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A man experiencing homelessness who is suing the Edmonton Police Service (EPS) is facing a new hurdle after the police department applied for an order requiring him to pay $8,400 in security for costs.
Dwayne Cardinal is suing EPS over an encampment cleanup on July 15, 2024, alleging misconduct by officers. He alleges excessive force was used during his arrest.
The allegations have not been tested in court.
Security for costs can be ordered as a financial guarantee to cover a defendant's estimated legal expenses if the plaintiff loses the lawsuit.
A bill of costs for the EPS chief, included in an affidavit filed with the application, outlines estimated legal expenses, including fees related to questioning both Cardinal and the defendants.
In its arguments, EPS points to Cardinal’s statements saying he has been homeless for 10 years and receives less than $600 a month from income support. EPS argues it is unlikely that he has assets to satisfy a cost award if he loses.
EPS declined to comment on the order, stating the issue is before the courts.
The lawsuit names former Edmonton police chief Dale McFee and constables Mathew Bruno and Levi Clarke. Cardinal alleges battery, false arrest, false imprisonment, negligence and violations of his Charter rights during his arrest.
‘Diabolical’
Cardinal's lawyer, Chris Wiebe, said he believes it was "diabolical” for EPS to ask the court for an order that his client pay $8,400 before he can continue his lawsuit against the police department.
“My client receives less than $600 a month from income support. The EPS has an annual budget of over a half-billion dollars. If the EPS are successful, it would set a horrible precedent," Wiebe said in a statement.
In Cardinal's civil lawsuit and related police complaint, he says Edmonton police used a Taser on him, leaving eight probe and stun wounds. He also alleges that officers kicked him in the back between his shoulder blades and dragged him across the ground to a police vehicle.
It is not contested by the parties that a Taser was used.
Cardinal alleges he was unlawfully detained after officers ordered him to stop packing his tent and stand aside without explaining why he was being detained. He says he was arrested despite complying with officers and packing up his belongings to leave the site.
He also alleges officers violated his Charter rights by failing to promptly tell him why he was being arrested and detained before using physical force. An EPS court application currently seeks to have those Charter claims struck from the lawsuit.
Const. Bruno’s notes state that he read Cardinal his Charter rights after his arrest.
Cardinal says police failed to prevent City of Edmonton workers from seizing and disposing of his tent and personal belongings while he was detained, and that officers dropped him off near a shelter rather than ensuring he received prompt medical treatment for his injuries.
In the affidavit, the EPS argues the officers were lawfully clearing an illegal encampment on private property and allege Cardinal was aggressive and unco-operative. The EPS says Cardinal swore at officers and refused to identify himself, and pushed a tent toward an officer, which prompted his arrest.
EPS says Cardinal physically fought arrest and that medical services attended the scene, determined the Taser probes did not penetrate Cardinal's skin and cleared him as requiring no medical care.
EPS says its role was securing officer and worker safety, while property disposal was at the discretion of city workers.
Cardinal’s lawsuit also names the City of Edmonton. He’s asking a judge to find the city liable for seizing and disposing of his personal belongings during the cleanup.
The city has disputed his claim, arguing its workers were authorized to remove the property under Alberta’s Municipal Government Act and that the items posed health and safety risks.
Arguments against the city were heard last month and the judge has yet to make a decision on that application.
The hearing for EPS’ application, which covers both the security for costs request and the striking of Charter claims, is scheduled to take place on Oct. 14 at the Edmonton Court of King’s Bench.
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ABOUT THE AUTHOR
Jesmeen Gill is a reporter for CBC News in Edmonton. She is a graduate from Carleton University’s journalism program in Ottawa and has previously interned at The Canadian Press. You can reach her at jesmeen.gill@cbc.ca.
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