Manitoba RCMP officer’s Taser use justified: court claim

Canada’s attorney general says a Mountie was justified in his use of force against a man who claims he has suffered ongoing trauma after he was incapacitated with an electroshock weapon during an arrest.

Leonard Braun, who lives on a farm in MacGregor, filed a statement of claim in the Court of King’s Bench last winter, naming the Royal Canadian Mounted Police and Const. Jamie Pius O’Brien as defendants.

In a statement of defence filed this fall, the federal attorney general argues Braun’s lawsuit has no merit and that a judge should toss the claim out of court.

Braun’s lawsuit stems from a Feb. 16, 2023 incident at his home, after which he was charged with assaulting a peace officer.

The charge was stayed in Portage la Prairie provincial court in 2024, court records show.

The government court papers state Mounties were at the home in the course of their lawful duties and were justified in their use of force. The court filing says none of the actions of the officers entitle Braun to any damages.

Braun and his spouse were in the process of separating at the time, and the Mounties were called in to keep the peace as Braun’s spouse retrieved belongings from the home.

The government’s court filing claims Braun had shoved one of his spouse’s friends, who was there to help, and locked them all out before officers arrived.

Braun claimed in his court papers his spouse had already gotten all of her belongings out of the home, which the government disputes in its court filing.

The government states Braun told the Mounties through a window that the dispute was between him and his spouse, closed the window and refused to come to the door. His spouse then told O’Brien that Braun didn’t have a gun licence but did have a rifle in the attached garage.

Braun’s spouse then gave the two officers permission to enter the house with her to obtain her belongings and gave them a key, the government says, but when they tried to get inside, Braun prevented it by holding the lock.

O’Brien then knocked on the window and put his body between the window and the home to prevent Braun from closing it, and calmly tried to discuss the situation, the government claims. Braun got angry and made what the Mountie perceived to be a threat before hitting him in an attempt to get the officer to move from the window, the government states.

O’Brien told him he was under arrest for assaulting a peace officer and to leave the house but Braun instead left the view of the window, the government claims.

Concerned he might get the gun from the garage, O’Brien pushed the window to try to get inside but broke it, the government court papers state.

He then kicked in the door and demanded Braun, who was standing in the foyer, to turn around with his hands behind his back.

Braun clenched his fists and stepped towards O’Brien and his partner, with a “piece of glass” in his right hand, the government claims.

O’Brien told Braun he was under arrest and to drop the glass or he would use a Taser on him, but Braun walked off. O’Brien used the Taser on Braun, who was arrested.

Braun described the situation differently in his court papers, saying he was complying and had his hands above his head as O’Brien angrily yelled at him before using the Taser.

As the officers brought him out to their cruiser, the government says, Braun pulled away and slipped and fell to the ground, injuring himself, leading to a trip to the hospital in Portage la Prairie.

Braun claimed the arrest and trip to the hospital embarrassed him and caused harm to his reputation, but the government says while it has no knowledge of how the events impacted him, it was lawful and reasonable “given his assault on (Const.) O’Brien, his failure to comply with police commands, and to ensure his health and safety.”

The government’s court papers say any harm to Braun’s reputation was caused by his own actions.

erik.pindera@freepress.mb.ca