Family of man fatally shot by RCMP sue officers, claiming excessive force and negligence

The family of an 18-year-old fatally shot in southern Manitoba two years ago is suing two RCMP officers, alleging an excessive use of force and negligence led to the "tragic and wrongful death" of their loved one.

Conor Rae was killed shortly after 1 a.m. on May 24, 2023, at an apartment he'd recently moved into on Hazel Bay in Portage la Prairie, Man., according to a lawsuit filed in Winnipeg's Court of King's Bench on Tuesday. 

RCMP were dispatched to the apartment complex for a report of a domestic disturbance involving a woman who was found safe in a neighbouring home. Two Mounties, both listed as John Doe, arrived in the vicinity of the apartment and "dangerously and recklessly" escalated an encounter with Rae by using a stun gun on him, the claim said. 

One probe struck him in the chest.

The constables entered his suite without a warrant and used the stun gun on him again, punched and kicked him before he was shot multiple times in the chest and thoracic region with "the intent of inflicting grievous bodily harm," the lawsuit alleges.

Rae grew up in Portage la Prairie, Man., and moved to Coquitlam, B.C with his parents and siblings at 12 years old, according to his obituary posted online. He had finished his Grade 12 studies early and had moved back to the Prairies to earn money to fund his post-secondary education and visit with family and friends.

The lawsuit said Rae was a "vibrant" man who had no prior involvement with police and would have been terrified during the incident.

The 13-page lawsuit alleges the RCMP officers operated with "disregard for the health, safety, and life of Conor" and failed to de-escalate the situation by exhausting the use of other non-life-threatening ways to engage with him. The officers did not use proper training or had inadequate training, the lawsuit said.

The officers also failed to properly investigate the report of a domestic disturbance that brought them in contact with Rae, the lawsuit said. 

"The death of Conor was preventable and had appropriate procedures been utilized by the defendant constables, Conor's death would not have occurred," the claim alleges. 

The Manitoba RCMP have a duty to act with integrity, fairness and impartiality and to not compromise or abuse their authority, the statement said. RCMP officers have a duty to protect people they interact with regardless of whether they are a suspect or member of the public, and to only use "as much force as is reasonably necessary."

The Mounties actions were callous and high-handed and fell below the standard of care reasonably expected of a police officer, the lawsuit said. 

The Independent Investigation Unit of Manitoba announced the RCMP officer that fatally shot Rae would not face criminal charges, according to a report published in January.

The police watchdog said a woman had fled her apartment suite after her boyfriend and her had been smoking marijuana before he became ill and threatened to kill her. 

The report said Rae was carrying a shard of glass in his right hand during the altercation with police and that "the use of lethal force by the subject officer was authorized and justified by law."

The family is also suing the federal Crown for being vicariously liable for the wrongful or negligent acts and omissions of the RCMP's members, according to the claim. 

The family wants compensation to cover the funeral expenses and damages for the loss of guidance, care and companionship as defined under The Fatal Accidents Act in amounts to be determined in court.

None of the allegations have been proven in court and no statement of defence has been filed.