Man files suit against Mountie, RCMP claiming he was defamed, harassed

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This article was published 16/04/2024 (568 days ago), so information in it may no longer be current.

A Niverville man is suing a Manitoba Mountie and the RCMP, claiming he was defamed and harassed in relation to charges a provincial court judge later determined should never have been laid.

The plaintiff, Lyall Hudson, also alleges he was subject to unjust and excessive force at the hands of Cpl. Cliff Halaburda, saying the officer “used and abused his authority in an effort to harass and intimidate” him.

A civil suit, filed April 5 in Court of King’s Bench, names Halaburda, the RCMP and the Attorney General of Canada as defendants in the claim.

The document outlines a series of interactions between Hudson and Halaburda, including an April 2022 incident in which the officer pulled Hudson over in Niverville because the licence plate on the vehicle he was driving didn’t match the one it was registered to.

The RCMP named Hudson in a subsequent news release, saying when the officer approached his vehicle, he became aggressive and threatened him. Halaburda informed him he was under arrest for uttering threats, but Hudson resisted and began to fight, the release said.

Hudson was charged with assault on a police officer, resisting arrest and uttering threats.

Provincial court Judge Ryan Rolston stayed those charges in a January 2023 hearing. Based on the facts in front of him there was no basis for criminal charges, he said at the time.

One month before Rolston threw out the case, RCMP charged Hudson with two unrelated counts of assault, forcible confinement and harassment for alleged domestic incidents involving his former spouse dating back to 2018.

Provincial court Judge Stacy Cawley acquitted him on all counts last week, court records show.

According to Hudson’s claim, Halaburda was involved in the investigation into the alleged domestic abuse and had arrested him on two other occasions in December 2022 and January 2023; one occurred in front of his 12-year-old son.

He claims he suffered a split lip, abrasions, discomfort and embarrassment during interactions with Halaburda.

“Constable Halaburda and the RCMP’s actions were motivated by malice and/or a primary purpose other than that of carrying the law into effect,” the claim alleges.

Hudson, who previously filed a formal complaint with the Civilian Review and Complaints Commission for the RCMP, is now seeking general damages in an unspecified amount.

He is also asking the court to order the RCMP to be “enjoined, restrained and otherwise prohibited from making any other kind of communication which defames, disparages or otherwise damages his reputation.”

A farmer, mechanic and former curling coach, Hudson previously told the Free Press the incident and news release naming him negatively affected his life and his children’s lives in the small community.

“As a result of the (RCMP news release), the plaintiff… continues to suffer damage, to include but not limited to loss of reputation, loss of goodwill and other loss and damage.” the lawsuit says.

“The aforementioned statements are false, inaccurate, misleading, malicious and were made with reckless and/or deliberate disregard of the truth, knowing that the statements would convey to the community of Niverville that (Hudson) is an aggressive individual and a criminal.”

Hudson’s claim has not been tested in court.

None of the defendants have filed a statement of defence.

The RCMP said it could not comment on the legal proceedings because they remain before the courts.

“We respect the judicial process and will allow it to take its course,” a spokesperson said in an email statement.

The lawyer representing Hudson also declined to comment.

tyler.searle@freepress.mb.ca