“Woman Sues Winnipeg Police Over Partner’s Death”

A woman hailing from Tataskweyak Cree Nation has initiated legal action against the City of Winnipeg and two police officers following the death of her common-law partner subsequent to an interaction with Winnipeg police.

Elias Whitehead, aged 37, engaged with officers in the vicinity of Sherbrook Street and Broadway in Winnipeg on October 15, 2023.

The Independent Investigation Unit of Manitoba, responsible for probing Whitehead’s demise while in police custody, previously disclosed that officers were summoned to the West Broadway area close to 11 p.m. after receiving reports of a man displaying erratic behavior in traffic.

During the arrest, Whitehead encountered breathing difficulties, as per the Independent Investigation Unit of Manitoba. Winnipeg Fire Paramedic Service personnel, who were nearby attending to an unrelated incident, provided medical assistance to him, as reported to the investigative unit.

Whitehead was transported to Health Sciences Centre, where he was declared deceased.

An eyewitness captured footage of his arrest.

• Man who died in Winnipeg police custody Sunday night had trouble breathing during arrest: watchdog

According to a statement of claim filed at the Court of King’s Bench in Winnipeg earlier this month, Jody Beardy, Whitehead’s common-law partner, asserts that he was escorted by an unidentified officer, referred to as Pat Doe in the lawsuit, with Whitehead having “empty hands behind his back and exhibiting compliance.”

Upon reaching the police cruiser, one officer allegedly forcefully pushed Whitehead against the vehicle, while another unidentified officer, identified as Miki Doe in the lawsuit, purportedly threw him to the ground and repeatedly struck and kneed him, as claimed in the statement of claim.

The lawsuit alleges that one officer applied pressure on Whitehead’s body, leading to a fatal injury due to the officers’ use of force.

‘No immediate threat’ to police: lawsuit

The claim contends that Whitehead was defenseless and posed “no immediate threat” to the officers as he was compliant, unarmed, disadvantaged, non-aggressive, and presented no immediate danger.

It accuses the officers of forcibly confining Whitehead and using physical force without consent, necessity, or legal justification.

Additionally, the lawsuit asserts that the officers should have recognized Whitehead’s Indigenous heritage and accuses them of racial stereotyping and offering “unequal treatment based on his ethnicity.”

Beardy, a teacher from Tataskweyak Cree Nation, located just over 700 kilometers north of Winnipeg, filed the lawsuit seeking damages on behalf of herself and Whitehead’s family members, including his father, mother, and siblings.

The allegations are yet to be examined in court, and the City of Winnipeg has not submitted a defense statement.

Const. Pat Saydak, a public information officer with the Winnipeg Police Service, stated that the service refrains from commenting on the lawsuit as it is a pending legal matter.

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Martin Pollock, Beardy’s lawyer, expressed that Whitehead’s demise had a significant impact on his client and that it was distressing for her to witness the bystander-recorded arrest video.

In an interview with CBC, Pollock remarked, “To see a video of your loved one being subjected to blunt force while lying defenseless on the ground … it’s alarming.”

He added, “One moment he’s alive, walking, and the next he’s on the ground enduring blunt force, and then he’s gone.”

Pollock highlighted Beardy’s contemplation, questioning, “Would my loved one still be here if he wasn’t forcefully restrained on the ground like that?”

“So, that’s the question to ask — would he still be alive?”