Civil suit against former police union head stayed

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This article was published 12/01/2025 (285 days ago), so information in it may no longer be current.

A Manitoba judge has stayed a civil claim against former Winnipeg police union head Maurice Sabourin, after he successfully argued allegations against him fall under the scope of the labour board, not the courts.

Lawyer Ian Histed filed the suit on behalf of Winnipeg Police Service Sgt. Keith Alexander last January. It accuses patrol sergeants Adam Cheadle and Andrew Zurawsky of malicious prosecution. Alexander accused Sabourin of breaching his duty as his police association representative and inducing a breach of contract in the same lawsuit.

The two officers have denied the sergeant’s claims in their own legal filing, alleging they were forced to report his erratic behaviour and threats for the safety of other officers.

Alexander was later charged with uttering threats, but Crown prosecutors stayed the charge in 2022.

Alexander accused Sabourin of directing his union-paid lawyer to enter a plea deal to stay the charges, in exchange for him retiring, taking counselling, never working as an officer, and having no contact with the alleged victim.

Sabourin said it was common practice for the union to discuss matters with lawyers it had retained on behalf of officers.

Alexander claimed he wasn’t made aware of the deal until after the Crown accepted it. Sabourin told Alexander that if he didn’t accept the lawyer’s advice, the lawyer might be withdrawn by the police union. Alexander then retained his own lawyer.

Sabourin, who retired from policing and left his union post in September 2022, filed a notice of motion seeking to have the claim against him dismissed. His motion said Alexander’s claims constituted allegations of unfair labour practice, which the court has no jurisdiction over.

Court of King’s Bench Justice Chris Martin agreed in a written decision last month in which he granted Sabourin’s motion and stayed the civil proceeding against him.

“The facts assert that Mr. Sabourin’s conduct was in his role as association president representing Mr. Alexander as a member of the association, respecting criminal charges against him for which the association was obligated to represent him,” said Martin.

Alexander’s lawyer had argued the dispute was essentially personal, meaning Sabourin could be sued in his personal capacity.

The lawsuit accused Cheadle and Zurawsky — a Winnipeg Police Association board member at the time and “close associate” of then-union president Sabourin — of making up allegations Alexander uttered death threats to a WPS member because they wanted him removed as their supervisor.

Alexander was transferred to north Winnipeg’s Hartford station in March 2019, where Cheadle and Zurawsky were assigned.

Alexander claimed Cheadle emailed Zurawsky and police management in April that year, accusing him of uttering threats to another police officer, before Cheadle and Zurawsky made further alleged false statements to professional standards investigators.

The claim also accused the officers of working in consultation with Sabourin to force Alexander’s retirement — Martin noted no facts were brought to court to support that assertion while he heard Sabourin’s motion.

The two officers filed a statement of defence in May last year, which said Alexander had spoken to Cheadle and Zurawsky individually about an officer scheduled to be transferred to the Hartford Avenue station.

Alexander “exhibited tumultuous emotions, including palpable anger and made comments that he would violently attack the incoming officer,” the statement of defence alleged.

The filing said he continued to “exhibit erratic behaviour, outbursts, and anger and repeated his intentions to violently attack the incoming officer.”

Their court filing said they were required to report the incidents “to ensure the safety of all officers of the Hartford station, including Alexander” and as part of their duty as police officers.

The claim against the other officers remains before the court.

erik.pindera@freepress.mb.ca