Black man threatened at gunpoint by Halifax cop in 2021 sues HRM

A Black man threatened at gunpoint by police on video in 2021 is suing the municipality, alleging the officer discriminated upon him, assaulted him, and violated his Charter rights.

Full article available @: Halifax Examiner (CLICK HERE)

Excerpts from the plaintiff’s statement of claim:

The HRP Officer immediately placed his hand on his firearm while approaching the Plaintiff, an African Nova Scotian man, who was standing in the parking lot with at least three other individuals. When drawing his weapon, pointing it at the Plaintiff, and placing his finger on the trigger, the HRP Officer did not know the identity of the Plaintiff nor his involvement in any criminal activity. The Plaintiff was unarmed, empty-handed, and standing next to a parked red Ford Escape with grocery bags at his feet.

The Officer did not have information tying the Plaintiff to the commission of an offence, nor that the Plaintiff posed a threat to the HRP Officer’s safety.

The HRP Officer drew his firearm, pointed it toward the Plaintiff and demanded that the Plaintiff get on the ground. The Plaintiff put his empty hands in the air, asked “for what?” and explained that he did not have a weapon. The HRP Officer continued to demand that the Plaintiff get down. The Plaintiff stood with his hands in the air and asked the reason for his detention. The Plaintiff motioned towards the bags on the ground in front of him. The HRP Officer told him not to grab the bag. The Plaintiff complied, raising his hands again, while the HRP Officer continued to point his weapon at the Plaintiff.

By holding him at gunpoint, the HRP Officer detailed the Plaintiff, and further placed him under de facto arrest. Despite being asked multiple times, the HRP Officer failed to communicate any reasons for the Plaintiff s detention, and did not inform the Plaintiff of his rights upon arrest.

The Plaintiff began to slowly turn and walk away from The HRP Officer, keeping his hands high above his head. The Plaintiff circled a parked blue Dodge Ram with his hands up, and his back facing the HRP Officer. The HRP Officer followed, keeping his weapon drawn and his finger on the trigger, aimed at the Plaintiff s back. The Plaintiff asked why the officer was called to the scene, but the HRP Officer refused to answer. The Plaintiff continued to circle the vehicle with his hands up and said that the officer was not going to shoot him in his back for no reason. The HRP Officer responded “it makes no difference to me,” and went on to say, “don’t think for a second that I won’t” and “I will fill you full of fucking lead.”

The Plaintiff continued to circle the vehicle with his hands up, Constable MacKay continued to aim his firearm at the Plaintiff s back. Eventually, the Plaintiff fled the scene on foot, escaping from being held at gunpoint.

…

The officer caused harmful and offensive contact by pointing his firearm at the Plaintiff, finger on the trigger, for an extended period. The officer also stated that he would shoot the Plaintiff, which created a reasonable apprehension that harmful contact would occur. The officer made an imminent physical gesture by pointing his firearm at the Plaintiff, and verbally threatening him. The Plaintiff states that the conduct of the officer amounts to an assault. The officer is an employee of the Defendant, thus, the Defendant is vicariously liable for the assault of the Plaintiff.

Full article available @: Halifax Examiner (CLICK HERE)