Share this Story: Vancouver police sued over alleged beating of Indigenous man outside Walmart store
Vancouver police sued over alleged beating of Indigenous man outside Walmart store
Officers tackled Robertson and restrained him by forcefully putting their knees on the back of his head, neck and legs before repeatedly punching him, says the lawsuit.
Keith Fraser
The Walmart story near Grandview and Boundary in East Vancouver. Photo by bill keay /vancouver sun
An Indigenous man and his mother have filed a lawsuit alleging that the Vancouver police used excessive force in responding to an incident outside a Walmart store in east Vancouver last year.
Shane Robertson, 39, and his mom, Margaret Deneault, 61, say that on May 12, 2019, they, along with Deneault's niece and Robertson's eight-year-old son, went to the Walmart on Grandview Highway to buy patio furniture and food to celebrate Mother's Day.
Vancouver police sued over alleged beating of Indigenous man outside Walmart store Back to video
They say that after shopping for about 45 minutes, they paid for their items and began to leave the store, but a security guard confronted Robertson and accused him of theft without checking for proof of purchase.
Robertson, who was on disability insurance as a result of a traumatic brain injury, told the security guard, only identified in the lawsuit as Julian Doe, that they had paid for their items and proceeded to leave the store, says the notice of civil claim filed in B.C. Supreme Court.
"Julian Doe had no basis to suspect that the plaintiffs had committed theft or any other criminal activity," it says. "Julian Doe targeted the plaintiffs without reasonable suspicion and was ostensibly motivated to stop and harass Robertson because of his race and physical appearance."
Police were called to the scene and, without lawful cause, officers tackled Robertson and restrained him by forcefully putting their knees on the back of his head, neck and legs before repeatedly punching him, says the lawsuit.
Robertson says he suffered a concussion, broken ribs, bruising, cuts, sprains and other soft-tissue damage.
Deneault, a mental health addictions worker who as a result of Robertson's brain injury has custody of Robertson's son, says she was forcibly removed from her vehicle, put in handcuffs and told she was under arrest. She claims she suffered an injury to her arm, as well as trauma and humiliation.
The police took statements from Robertson and Deneault and later released them, says the lawsuit. The plaintiffs, who say they were never charged with any crimes, are seeking general, special and aggravated damages.
In an email, police said they responded to reports that a man had spat at a loss prevention officer and had assaulted another loss prevention officer.
The alleged suspect and his mother were "very confrontational" and the man refused to co-operate or answer any questions, say the police.
Officers tried to handcuff him to prevent the aggression from escalating and to arrest him for the alleged assaults, and he continued to yell profanities and refuse to put his hands behind his back, police say.
The suspect was eventually put in handcuffs and taken to jail for breach of the peace, which is not a chargeable offence, with the suspect later apologizing for his behaviour, say police.
Walmart, which is also named as a defendant in the suit, said in an email that it does not comment on matters before a court, but added that respect is a core value of the company and it does not tolerate any behaviour which contradicts this value, including racism and discrimination.
"Walmart is committed to providing a safe and inclusive environment for our associates and our customers."
kfraser@postmedia.com
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