Paralyzed man intends to launch $2 million lawsuit against RCMP

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A lawyer for paralyzed Rodney Pelletier intend to file a multi-million dollar lawsuit against the RCMP.

The claim will be for at least $2 million, "because of the seriousness of his injury, potential loss of future income and costs for future care," said lawyer Brian Devlin in a telephone interview from Calgary.

Pelletier, 21, a Treaty Indian from Eden Valley Reserve, is in the intensive care unit at Calgary's Foothills Hospital paralyzed from the neck down following an arrest at his reserve, 64 km. southwest of Calgary.

He was apprehended by Turner Valley RCMP Jan. 16 at his home following a domestic dispute. Family members accuse police of beating him after his arrest.

Supt. Brian Davison, commanding officer of the Calgary RCMP detachment, said his office has completed a criminal investigation into the incident and had forwarded a report and recommendations to divisional headquarters in Edmonton.

It will then be submitted to the provincial Crown attorney who must decide whether criminal charges should be laid before the report can be released, he said.

John Szumlas, executive assistant to Solicitor General Dick Fowler, said the minister was in no position to offer a detailed comment until the RCMP report was received.

But "it's a matter we don't treat lightly," he said.

Devlin said the claim will be filed shortly but he declined to specify who will be named in the suit other than the RCMP.

He said he was instructed by Pelletier to file a claim after a two-hour interview with investigating officer Sgt. Hugh Davis at which he was present.

A speech therapist skilled in lip reading had to help them understand what Pelletier was saying because he can only move his lips.

"He's unable to vocalize because of the tracheotomy tube in his throat."

Devlin refused to say what Pelletier told him about the events surrounding his arrest and incarceration because of the criminal investigation pending lawsuit.

A recent report in The Calgary Herald, quoting a family member, said Pelletier seemed to be losing the will to live.

But Devlin said he didn't get that impression. "He seemed quite strong and wanted to fight on."

Percy Potts, Treaty 6 vice-president with the Indian Association of Alberta said his "heart certainly goes out to both parties--the members (of the police force) and the (Pelletier) family."

Potts said he's confident Pelletier's paralysis was an accident.

"I'm sure nobody in their right mind would go out and intentionally paralyze a person". But he accused police of behaving with a "Rambo mentality."

Potts said he's counting on recommendations to come forward from the recently announced probe on Native justice in Alberta to head off similar episodes in the future.

Sheila Pelletier, a teacher at Plains Indian Cultural Survival School in Calgary where Rodney was a student for two to three years, described him as a "very, very likable person".

"Everybody feels really bad for him," said Pelletier, a distant relative.

Mr. Justice Robert Cawsey, who chairs the task force on the criminal justice system, declined comment on the Pelletier incident.