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Coun File 89s 75S IN THR NUNAVU COUR OF JUSTICE, BERNARD NAULALIK Phase IME ROYAL CANADIAN MOUNTED POLICE, HER MAJESTY THE QUEEN IN RIGHT OF CANADA as epreseated by [HE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN FRECHETTE-MASK, and CONSTABLE RYAN DAWISKIBA Defendants NOTICE 10 DEFENDANTS ce with the 1. Yu ave hereby wolfe thatthe Paint may enter jxgment against you in sccendan stigched Statement of such Judgment as ray bo grated under the Roles of rf of Justice, withost Further notice (© you, unless within 25 days aller servce af the Statement of Cixim on yo, you cause to be fle inthe offie ofthe Clerk of cre Nunavut Coust of lustcs either Nina a aSttsmont of defence, o bon Appearance, ‘ad ness within he same time you serve a copy afte Statement of Defenes of Appearaace on the Plaintiff o the Plaintifs laser: ‘The attached Statement of Claim isto be served witha 12 suonths Som the dey on which it is Issued 3. Fury Defendant should consult his or her lawyer, or refer to the Rules ofthe Nunewut Court of Justcs to dzermine his or her rights. The atached Ststemen: of Claim is hecchy sued wut of che aie of the Clerk of the Nursuat Court of fustise st gait, Nunavut 08 22,2018, / i, S Uferefes® iy hs Nahauctigu < ae aur: Fle IN THE NUNAYUT COLRT OF IUSTICL BEIWEEN: BERNARD NAULALIK, Phintist sad THE ROYAL CANADIAN MOUNTED POLICE, HER MATESTY THE QUEEN IN RIGHT OF (CANADA as sepzesenced by TUE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN TRECHETTE-MASK, au CONSTABLE RYAN DAWISKIBA Defendants STATEMENT OF CLAIM 1. “The Pail; Berard Navlalik Me, Nou’, i w twenty-cight (28) year ol inavdual who at all relovsnt nis was a residene of Iglu, Nuns The Defendant, The Attomey Ge oF Canada ("The Attomey Genera"), employs tre Royal ‘Canadian Mounned Police RCMP") to prove polsiag, security, intelligence, and investiga services within Canad, including inthe City oF Iglu, The Attorney (1) ofthe Crown Liabiticy and Proven Aet, RSC. 1985, &, C50. fener is sumed purmant 19 Section 3. The Defendant, the RCMP, is a police fine Sar Canade, consisting of officers and athe: sremiers, formed pursuant io the Hayat Canadion Mounted Palice et, RS.C. 1985, R10. 4. The Defencan, Constable Kevia Trechete-Mask (Constable Lrechette-Mast"), was at all material times empplayeal as am RCMP officer serving in the City of Iglu, Nunavut The Defedunt, Corsizble Ryan Dawiskiba (Constable Dewiskihe"), ws at all materiel times employed as a RCMP affver serving in the Cry of Iga, Nurs The evenss of Devember 4.2016 6. Asaresult ois nest Mr, Saul wa 2016. ‘ususporte ta *heTaphit KUMP ation oz: Decemer ‘Upon arriving at the Igahut RCMP sation, Mr, Naulait was escorted hy Carstale Leases Mask and Constable Dawishibu tothe eet! hlook aves aad into Cell No 3 (he “Cell 8. Once in the Cell Conssable Feechete-Masc and Consislle Dawiskiba pushod Mr. Naulaik re his, Ices, thea fice fs tothe fl, ai ae remaved his handcull, 9. Constable FrechettoMask and Constable Dawiskioa theu begin removing Me. Nauluik’s clothing. 10, While Ms. Nauk’ clothing wes being removed bythe olives be was repeatedly ced in the head, kiekod in the head, struck inthe ead und body with fists, and poner sprayed 11. As result of he imteraction with the off in the Cell Mr, Navel was charges witha single count of rsisting or ab ices engaged in the execution oftheir uy 12. Mr. Naulalic we not charged with any offence related to the initia! acest 13. or reasons unknown to Mz. Naulelil, the single cout rsiming o¢ obslnucting officers ‘engaged in the exccuton other duty was discon prir to trie, ‘Me Navlolik’s Aniunes 14, As a raul of the blows administered Mr. Naulaie received injures to his read, face buck, ‘mouth, eet, and had bruses a over bis body 15. One of Mr. Nana's teeth fell out ard two others were chipped ass result onthe inside. 16. Mr, Naulalik was no proved medics! treatment om the RCMP following the iucident end was smmly maved 0 another cel (Mr. Naulaie has hed 9 mcimber of incidents with the Tyuit RCMP in wach be Fels Ine was subjecod to excessive fave 18, Mr. Natali Feats interstions withthe igatait RCMP, 19, Mr, Naulaik hs sullered eraotonally and has tae feeling of depression fllewng the incident Mr. Naulalil’s Claims 20, Mr. Naulalik pleads that he was wraneflly ciested saad uals fully detuned hy ehe RCMP at that tiene was Tegal Jasefietion for ts isprisonment whieh deprived! him of hie Homy ssguinst his wil (Mr. Nauleik pleads that Constable Frechete-Msak aud Constable Davwskiba wrongfully ant ineentionatly comnted ssl apd alter by stg him inthe heady fice, and body, ane by using pepper sprey, and are lable Lor the daranges he sand 2a Itemative, Mr, Naulalis pleads tha? Consible Fechette-Mask and Consable Davriskibe were negligent inthe src0 of free they used sad used excessive force in te ereumstances, 22, Mr. Nawaik also peas Coastable Frecleite Mask, Constable Dawiskiha, the RCMP, and the Atiomey Gener! of Caneda al breached shir espootive Giducary duces us ensure that she Mr. [Naulalk was ‘their care that he woud not be the subject of any tortunes oF wrong act by embers of the RCMP and as a cesult cach is jointly ard severilly liable for the damages sustained by Mr. Naulalik 24, The Allomey General of Canada and RCMP, are vicariously or cherie lise for he wrong ‘ols of Constable Prechette-Mask and Constable Dawiskiha, who were at all materiel Uxes sployees of the ROMP. 25. Inthe further sltemave, the Atomey General of Cada and RCMP are ube in negligence for fe injuries sosained by Mr, Navlelik in fling wo provide anoper or aesquate insuction and ‘raining Fs emplayees ranting use of fore or sch olber newigence as may ape, 26, Me, Naulalik proposes th this tion be tried a the City of Tg, Nunavat WIIFREFORE THE PLAINTIFF CLAIMS AGAINST THE DEFENDANTS, JOINTLY AND SEVERALLY: 1, Gears damages ia ie ameunt of $40 000; Loss af iacome. in a9 amount to be proven othe Wl of this gion, Gar missed work while Me, aula recovered fm hisses; 3. Punitive dumages. nan amount he proven al Use il of this tons 4 Dated at the Hamlet of Cambridge Bay, Nunavut, on Decesher 3, 2018, and d Amgravaced demages ia aa goat to oven atthe tra] of his ation: Tinerest ow all of dhe abovs pursuart to the J amendments thers: Costs: and ‘Such further an ser relief ws this Honourable Coat nity deer jh re det, SINAW.T., 1998, 24 91 aad red by Peter LLeCain, solicitor for the PainIl, whose address for sorvioe is Kitkamect Law Cente, 23 Mitik Shel, (Cambridge Bay, Nunavut, XOB OCD, 10: Peter Leta ‘Conssel forthe Plinitl Department of lustos, Nunevut Regional Office (Qimugjuk Building #6, 2 Floor PO Rox 2200 Tgaluit, SU SOA OHO ‘Royal Cenadin Mounted Polies National Headquarters Heeacquaries Building 72 Leikin Drive nave, ON KIA OR ‘Constable Kevin Frechetie-Mask Iqaluit RCMP Detechrment ‘961 Feral Ron Igaku, NU OA GH Constable Ryn Davwiskaba Iqait ROMP Detaclaaeat ‘930 Federal Road Igaku, NU XOA ano Cour HieNo, 28 GOSS IN LL SUNAVLY COURT OF JUS ick INTHE MATTER BETWEEN BERNARD NAULALI Pleinslf ‘THE ROYAL CANADIAN MOUNTED POLICE, HER MAJESTY THE QUEEN TN RIGHT OF CANADA as represented by THE ATTORNEY GENERAL OF CANADA, CONSTABLE KEVIN FRECHETTE.MASK, and CONSTABLE RYAN DAWISKIBA Defendants STATEMENT OF CLAD Deung ed in aceardance wes Peter LCain anrstr ant Solitor Ketikmeot Law Centre 23 Milk Steet CCambadge ay, NU ‘XO 0CO ‘Telephone: 867.983.2906 Fax: 867-983-2570 Rall No. 2015026 ratios Durweive #18