Man with autism repeatedly Tasered by Manitoba RCMP officers, wrongfully detained: lawsuit

The mother of a Manitoba man with autism is suing multiple officers from the Powerview RCMP detachment over an incident in which police Tasered and detained her son, mistakenly believing he was a suspect in a domestic assault. 

The lawsuit, filed by Angela Dyck, accuses the officers of assault, wrongful imprisonment and negligence, among other charges.

It says on the afternoon of Nov. 6, 2020, officers were searching for a suspect after a report of domestic abuse on the same street in Powerview-Pine Falls — a town about 100 kilometres northeast of Winnipeg  — where Dyck and her son, Joesph Parisian, live.

Parisian, 26, is an Indigenous man who has been living with autism, brain damage, heart problems and a learning disability his entire life. He cannot read, write or text, says a statement of claim filed last week in Manitoba Court of Queen's Bench. 

Officers approached Parisian while he was on his front lawn, but because he has a fear of police, he ran away and hid behind a barbecue, the statement of claim says.

The officers ran after him, and when he refused to come out from behind the barbecue, one of the officers unholstered his handgun, while another used their Taser on Parisian, striking him in the torso.

Tasered 3 times

Parisian then fled into his home. The officers broke down the door and Tasered him a second time, hitting him in the shoulder and chest.

The officers then pinned him to the ground and Tasered him a third time, firing the stun gun "directly into Joesph's stomach and testicles at point-blank range," the lawsuit says. He was then handcuffed.

His mother was not home at the time as she was visiting a sick relative. It was only when one of their neighbours arrived at the scene and explained who Parisian was that the officers realized they made an error and released him, the lawsuit says. 

A few days later, Dyck spoke with the Powerview detachment's commanding officer, who admitted the officers failed to get an adequate description of the suspect they were looking for and had gone to the wrong house, according to the suit.

Five officers from the detachment are named as defendants in the lawsuit. The detachment's commanding officer, Staff Sgt. Jeffrey Monkman, is also named as a defendant, as are the attorney general of Canada and the RCMP.

The lawsuit says the force used on Parisian "was not justifiable by law and constituted assault and battery." It also says his detention constituted false imprisonment, and alleges his charter rights were violated. 

Further, the lawsuit accuses the officers of discriminating against Parisian based on his race and disability. 

It's seeking damages for "life-long harms" Parisian suffered, including post-traumatic stress.

It's also seeking punitive damages, saying officers "acted in a high-handed and callous manner … [and] conducted their affairs with wanton disregard for Joesph's interests, safety and well-being."

Efforts to regain trust: RCMP

None of the allegations in the lawsuit have been proven in court.

In an emailed statement sent to CBC, Monkman acknowledged that Parisian was Tasered and taken into custody on Nov. 6, 2020, but said the man was quickly released once officers realized he was not the suspect and that he had a mental disability. 

"We fully recognize that what occurred on November 6, 2020, was traumatic to the male who was detained," he said. 

However, Monkman also said the detachment made significant efforts to rectify the situation and try to alleviate the man's fear of police, even hiring him for four months to do odd jobs. 

After speaking with his family shortly after the incident, Powerview RCMP learned that Parisian "had a long-held fear of police and that this incident greatly increased his anxiety," Monkman wrote.

"Upon hearing this information, we took every step to restore his trust in police."

Parisian was invited to meet with RCMP officers and tour the detachment. Afterward, Monkman says Parisian took an interest in their day-to-day work, and was hired to do odd jobs such as washing police vehicles.

"Awareness about developmental disabilities is key to avoiding these situations and having him with us for so long greatly benefited me and every single officer that worked alongside him," Monkman said.

"It is truly unfortunate what occurred but I am proud that he made such an incredible effort to overcome his fears and to help us learn. His courage is remarkable."