Mountie justified for using force to stop motorcyclist: statement of defence

An RCMP officer was justified when he used force to arrest a man who was driving his motorcycle erratically at high speeds outside Dauphin nearly three years ago, federal justice officials argue in response to the man’s lawsuit.

Daniel Leclair, 62, was driving on Highway 5 when RCMP tried to pull him over because he was speeding and “nearly caused head-on collisions” with other vehicles, said the federal attorney general in a statement of defence filed last month.

Federal government lawyers filed the court papers in response to a lawsuit Leclair, 62, filed gainst the RCMP, Cpl. Kevin Challoner and five unnamed officers last August. He alleged he was subjected to excessive force in the Aug. 29, 2023 incident.

The government has asked the court to dismiss the lawsuit and grant the officers costs.

Leclair alleges Challoner, who was driving a police SUV, deliberately slammed into his motorcycle and that he suffered broken ribs in the crash. He claims Challoner struck him with his knee and punched him in the face.

Challoner was charged with assault causing bodily harm and dangerous driving, as well as a Highway Traffic Act offence.

He was acquitted of all charges in March. Provincial court Judge Don Slough said his “split-second decision” to hit Leclair’s motorcycle came after he and other officers had exhausted all options to end the dangerous pursuit.

The officers had reasonable and probable grounds to pull over Leclair and arrest him for fleeing police, the government’s court filing argues.

“The RCMP members were justified in using force to confine the plaintiff and gain control of the situation, and more specifically, to place the plaintiff in handcuffs and to manage safety concerns that he could injure the involved (police) or members of the public,” reads the government’s statement of defence.

Leclair was driving erratically, veering onto the wrong side of the road and at high speeds, the court papers claim.

He failed to stop for Mounties, was impaired and failed to comply with commands from the officers, the filing says.

Mounties perceived him as a threat to public safety, a flight risk and at risk for resisting arrest and thought he was reaching for a weapon, which led Challoner to respond with force, the filing claims.

Leclair made “threatening gestures” toward Mounties and was later found with a knife, the court papers claim.

Challoner deployed his police dog during the arrest and the animal latched onto Leclair’s arm until officers got him into handcuffs, the defence filing says.

The government’s court papers say Leclair was wearing a helmet and protective gear, along with patches from an unspecified outlaw biker gang.

Mounties found a knife, a tire-deflation device and a substance that appeared to be cocaine on him, the filing says.

Leclair alleges in his lawsuit that the Mounties who arrested him delayed getting him medical treatment. But the defence filing claims the officers immediately called for paramedics.

“Any delay in their attendance was a result of the rural location of the arrest and availability of (emergency medical services) to attend,” the defence papers say.

He was taken to the Dauphin hospital and Mounties were told he had three broken ribs but had refused treatment, the government’s court filing claims.

He was transferred to the Health Sciences Centre in Winnipeg and released later that day or the next, according to the defence filing.

Leclair was charged with dangerous driving, flight from police, failing to comply with a breath demand, resisting police, carrying a concealed weapon and drug possession for the purpose of trafficking.

He has yet to stand trial.

erik.pindera@freepress.mb.ca