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Class action lawsuit claiming abuse of Indigenous Northerners going ahead

Joe David Nasogaluak says he was assaulted, questioned without a lawyer and called racial slurs
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A federal judge is allowing a class action lawsuit to proceed that alleges Indigenous people in the North are unfairly targeted and subjected to violence by . The lawsuit is open to any Indigenous person who was alive as of Dec. 18, 2016 who alleges being assaulted at any time while in custody or detention in the territories. Black Press file photo

A Tuktoyaktuk manSA国际影视传媒檚 class action lawsuit against the on behalf of all Indigenous peoples in the North has been given the green light to proceed by the courts.

As reported by the Canadian Press, in Federal Court on June 23, Judge Glennys McVeigh dismissed an argument from the federal government that the lawsuit SA国际影视传媒 which alleges engaged in systematic violence towards Indigenous people in the North SA国际影视传媒 did not legally qualify as a class action lawsuit. Ottawa had insisted the class action claim had no chance of success and instead said people should sue the individually. However, McVeigh said the claims were against the as a whole and not specific officers and therefore could move ahead as a class action lawsuit.

SA国际影视传媒淚 disagree with CanadaSA国际影视传媒檚 characterization of these claims as individual,SA国际影视传媒 McVeigh wrote. SA国际影视传媒淭he claims do not ask if an officer illegally assaulted a class member, but rather whether the operations of the create a system where illegal assaults happen.SA国际影视传媒

Filed in 2018, the claim seeks $600 million in damages from the federal government and alleges it failed to prevent frequent assaults on Indigenous people by police in the Northwest Territories, Nunavut and Yukon.

Claiming the government knew about the problem and did not address it, the lawsuit claims systematic negligence, a breach of fiduciary duty and violations of the Charter of Rights and Freedoms. It alleges common incidents include officers beating, pepper-spraying, shooting and verbally abusing Indigenous Peoples. It also claims Indigenous people are unfairly targeted by police for prosecution.

SA国际影视传媒 officers and other agents of the regularly discriminate against Aboriginal persons by employing excessive and unnecessary force, by arresting or detaining Aboriginal persons for no reason, and by using hateful speech and language in the course of policing in the territories,SA国际影视传媒 reads the claim.

A January 2020 report by the Office of the Correctional Investigator found that Indigenous people make up 30 per cent of the federal prison population. An investigation by NNSL at the time learned 83 per cent of the Northwest Territories prison population SA国际影视传媒 and 100 per cent of women in prison SA国际影视传媒 were Indigenous.

Making the claim is Tuktoyaktuk resident Joe David Nasogaluak, 19, represented by Cooper Regel North. In the lawsuit, he says arrested and assaulted him without cause or provocation in November 2017, by punching and choking him, shooting him with a stun gun and calling him a SA国际影视传媒渟tupid f#cking nativeSA国际影视传媒 and SA国际影视传媒渘ative punk kid,SA国际影视传媒 before handcuffing him and dragging him to the police vehicle. He also alleges police stopped the vehicle at the side of the road and questioned him without his parents or a lawyer present.

Saying Nasogaluak suffered SA国际影视传媒渟ustained physical and psychological harm,SA国际影视传媒 the claim also includes affidavits from other people potentially entering the lawsuit describing similar experiences during arrest and detention.

None of the allegations has been proven in court.

All Indigenous people who were alive as of Dec. 18, 2016 who allege being assaulted at any time while in custody or detention in the territories are eligible to be members of the class who can enter the lawsuit, the judge ruled.



About the Author: Eric Bowling

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