Court File: IN THE NUNAVUT COURT OF JUSTICE BETWEEN: BERNARD NAULALIK Plaintiff -and- THE ROYAL CANADIAN MOUNTED POLICE, HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN RECHETTE-MASK, and CONSTABLE RYAN DAWISKIBA Defendants NOTICE TO DEF ENDANTS 1. You are hereby noti?ed that the Plaintiff may enter judgment against you in accordance with the attached Statement of Claim, or such judgment as may be granted under the Rules offhe Nunavut Court of Justice, without further notice to you, unless within 25 days after service of the Statement of Claim on you, you cause to be ?led in the of?ce of the Clerk of the Nunavut Court of Justice either: a. a Statement of defence, or b. an Appearance, and unless within the same time you serve a copy of the Statement of Defence or Appearance on the Plaintiff or the Plaintiff? lawyer. 2. The attached Statement of Claim is to be served within 12 months from the day on which it is issued. 3. Every Defendant should consult his or her lawyer, or refer to the Rules of the Nunavut Court of Justice, to determine his or her rights. The attached Statement of Claim 18 hereby issued out of the of?ce of the Clerk of the Nunavut Court of Justice at Iqaluit, Nunavut, on .. ,2018 2* Clerk of i?he Nunavut Co?urg of'J us ce -. - 1? 5?4) 23Court File: i IN THE NUNAVUT COURT OF JUSTICE BETWEEN: BERNARD NAULALIK Plaintiff -and- THE ROYAL CANADLAN MOUNTED POLICE, HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN FRECHETTE-MASK, and CONSTABLE RYAN DAWISKIBA Defendants STATEMENT OF CLAW 1. The Plaintiff, Bernard Naulalik Naulalik?), is a twenty?eight (28) year old individual who at all relevant times was a resident of Iqaluit, Nunavut. 2. The Defendant, The Attorney General of Canada (?The Attomey General?), employs the Royal Canadian Mounted Police to provide policing, security, intelligence, and investigative services within Canada, including in the City of Iqaluit. The Attorney General is named pursuant to Section 23(1) of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50. 3. The Defendant, the RCMP, is a police force for Canada, consisting of of?cers and other members, formed pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-IO. 4. The Defendant, Constable Kevin Frechette?Mask (?Constable Frechette?Mask?), was at all material times employed as an RCMP of?cer serving in the City of Iqaluit, Nunavut. 5. The Defendant, Constable Ryan Dawiskiba (?Constable Dawiskiba?), was at all material times employed as an RCMP of?cer serving in the City of Iqaluit, Nunavut. The events of December 4. 2016 result of his arrest Mr. Naulalik was transported to the Iqaluit RCMP station on December 4, 2016. Upon arriving at the Iqaluit RCMP station, Mr. Naulalik was escorted by Constable Frechette? Mask and Constable Dawiskiba to the cell block area and into Cell No. 3 (the ?Cell?). Once in the Cell Constable Frechette-Mask and Constable Dawiskiba pushed Mr. Naulalik to his knees, then face ?rst to the ?oor, and then removed his handcuffs. Constable Frechette-Mask and Constable Dawiskiba then begin removing Mr. Naulalik?s clothing. While Mr. Naulalik?s clothing was being removed by the of?cers he was repeatedly kneed in the head, kicked in the head, struck in the head and body with ?sts, and pepper sprayed. As a result of the interaction with the of?cers in the Cell Mr. Naulalik was charged with a single count of resisting or obstructing of?cers engaged in the execution of their duty. Mr. Naulalik was not charged with any offence related to the initial arrest. For reasons unknown to Mr. Naulalik, the single count of resisting or obstructing of?cers engaged in the execution of their duty was discontinued prior to trial. . Naulalik?s Iniuries As a result of the blows administered Mr. Naulalik received injuries to his head, face, back, mouth, teeth, and had bruises allover his body. One of Mr. Naulalik?s teeth fell out and two others were chipped as a result on the incident. Mr. Naulalik was not provided medical treatment from the RCMP following the incident and was simply moved to another cell. Mr. Naulalik has had a number of incidents with the Iqaluit RCMP in which he feels he was subjected to excessive force. Mr. Naulalik fears interactions with the Iqaluit RCMP. Mr. Naulalik has suffered emotionally and has had feelings of depression following the incident. Mr. Naulalik?s Claims 20. Mr. Naulalik pleads that he was wrongfully arrested and unlawfully detained by the RCMP and that there was no legal justi?cation for the imprisonment which deprived him of his liberty against his will. 21. Mr. Naulalik pleads that Constable Frechette-Mask and Constable Dawiskiba wrongfully and intentionally committed assault and battery by striking him in the head, face, and body, and by using pepper spray, and are liable for the damages he sustained. 22. In the alternative, Mr. Naulalik pleads that Constable Frechette?Mask and Constable Dawiskiba were negligent in the degree of force they used and used excessive force in the circumstances. 23. Mr. Naulalik also pleads Constable Frechette-Mask, Constable Dawiskiba, the RCMP, and the Attorney General of Canada all breached their respective ?duciary duties to ensure that while Mr. Naulalik was in their care that he would not be the subject of any tortuous or wrongful act by members of the RCMP and as a result each is jointly and severally liable for the damages sustained by Mr. Naulalik. 24. The Attorney General of Canada and RCMP, are vicariously or otherwise liable for the wrongful acts of Constable Frechette?Mask and Constable Dawiskiba, who were at all material times employees of the RCMP. 25. In the further alternative, the Attorney General of Canada and RCMP are liable in negligence for the injuries sustained by Mr. Naulalik in failing to provide proper or adequate instruction and training to its employees regarding use of force or such other negligence as may appear. 26. Mr. Naulalik proposes that this action be tried at the City of Iqaluit, Nunavut. WHEREFORE THE PLAINTIFF CLAIMS AGAINST THE DEFENDANTS, JOINTLY AND SEVERALLY: I. General damages in the amount of $40 000; 2. Loss of income, in an amount to be proven at the trial of this action, for missed work while Mr. Naulalik recovered from his injuries; 3. Punitive damages, in an amount to be proven at the trial of this action; TO: UI Aggravated damages in an amount to be proven at the trial of this action; Interest on all of the above pursuant to the Judicature Act, S.N.W.T., 1998, c.34 3.1 and amendments thereto; Costs; and Such further and other relief as this Honourable Court may deem just. Dated at the Hamlet of Cambridge Bay, Nunavut, on December 3, 2018, and delivered by Peter LeCain, solicitor for the Plaintiff, whose address for service is Kitikmeot Law Centre, 23 Mitik Street, Cambridge Bay, Nunavut, XOB 0C0. Department of Justice, Nunavut Regional Of?ce Qimugjuk Building, #969, 2nd Floor PO Box 2200 Iqaluit, NU XOA 0H0 Royal Canadian Mounted Police National Headquarters Headquarters Building 73 Leikin Drive Ottawa, ON K1 A 0R2 Constable Kevin Frechette?Mask Iqaluit RCMP Detachment 960 Federal Road Iqaluit, NU XOA 0H0 Constable Ryan Dawiskiba Iqaluit RCMP Detachment 960 Federal Road Iqaluit, NU XOA 0H0 Peter LeCain Counsel for the Plaintiff Court File No. 7 IN THE NUNAVUT COURT OF JUSTICE IN THE MATTER BETWEEN BERNARD NAULALIK Plaintiff -and? THE ROYAL CANADIAN MOUNTED POLICE, HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE ATTORNEY GENERAL OF 3 ?9355,: CANADA, CONSTABLE KEVIN fer/go: FRECHETTE-MASK, and CONSTABLE jg? - - 7x. RYAN DAWISKIBA r75 3' Defendants s? 3:533?? g; STATEMENT OF CLAIM Peter LeCain Barrister and Solicitor Kitikmeot Law Centre 23 Mitik Street Cambridge Bay, NU XOB 0C0 Telephone: 867-983-2906 Fax: 867-983?2570 Roll No.: 2015026 This document is being ?led in accordance with Praclice Directive #18.