SOMBA K'E/YELLOWKNIFE
A man thrown to the ground last year by a city bylaw enforcement officer who sought to arrest him for not wearing a seat belt is suing the city and two officers involved.

Gary Jaeb is suing the city and two bylaw officers after he was arrested Sept. 20 for not wearing a seat belt. He claims he was assaulted and humiliated by the officers involved. - Shane Magee/NNSL photo

Gary Jaeb, 67, alleges in documents filed earlier this month in NWT Supreme Court that he was assaulted by Constables Michael Garbowicz and Adam Mahaffy, illegally arrested, that his charter rights were violated and he was humiliated by the city employees and RCMP officers who also responded.

The Sept. 20 arrest and physical altercation was caught on video later posted online and widely shared, which Jaeb says harmed his reputation. He claims he suffered physical injuries and that he and his wife Bertha, who was with him at the time, both continue to suffer psychologically.

"It doesn't go away and every time we hear the bloody sirens it's a reminder. I'd like closure," Gary Jaeb told Yellowknifer on Tuesday. He has not specified an amount of money he is seeking but wants the court to declare those being sued assaulted him, unlawfully arrested him and maliciously prosecuted him.

Mayor Mark Heyck declined to comment on the allegation in the lawsuit after a council meeting Tuesday. Asked if the city would defend itself in court, he said "we'll come out with that information when the time is right."

The lawsuit was originally filed in April also naming the RCMP, but was withdrawn and refiled, naming instead the Attorney General of Canada because under federal legislation, that minister is liable for RCMP actions.

On that September day, Jaeb says the couple was en route to their apartment when they passed a bylaw vehicle. Jaeb stated his seat belt was buckled, but the shoulder portion was behind his back as the strap irritated his shoulder. Garbowicz followed Jaeb to their apartment building parking lot, then approached the truck. The situation quickly escalated as Jaeb asked for proof Garbowicz was a bylaw officer. Jaeb maintains the arrest was illegal on several grounds and that he was not informed of his charter rights upon arrest.

A struggle ensued while Jaeb was still in the truck's front seat. Because he believed it to be an illegal arrest, he states he had the right to defend himself and admitted to punching Garbowicz.

Garbowicz took Jaeb to the ground with the assistance of Mahaffy and laid on top of him, restricting his breathing, according to the documents.

Jaeb also says his arm was twisted, he was thrown against the side of the truck and punched in the head.

Jaeb's wife can be seen in the video on the phone calling for RCMP officers, who soon arrived.

However, the document states when she complained to officers about the treatment of her husband and stated she would call the newspaper, "some of the RCMP officers added to her mental anguish and distress by openly laughing at her."

Police took Jaeb to the city detachment where he states the humiliation continued.

"The only clothing he was permitted to wear was his underwear even though he was in the public areas of the detachment where there were both male and female officers present," the document states.

Yellowknife RCMP declined to comment on the allegations.

The lawsuit claims Garbowicz exaggerated Jaeb's actions to police and minimized his own, leading to RCMP charging Jaeb.

Charges of assaulting a peace officer and obstructing justice were stayed by the court in late November.

When charges are stayed, they can be brought back at a later date but at the time a Crown prosecutor told Yellowknifer that likely wouldn't happen. Jaeb pleaded guilty to not wearing a seat belt and paid a fine of $25.

- with files from John McFadden

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