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Man files $2.1 million lawsuit

Brent Reaney
Northern News Services

Chesterfield Inlet (July 19/04) - A Chesterfield Inlet man is seeking $2.1 million in a lawsuit accusing RCMP in Iqaluit of false arrest and violating his constitutional rights.

The Federal Court lawsuit was filed in April by Francis Mazhero of Chesterfield Inlet. The suit names five RCMP officers, a jail guard and the Commissioner of the RCMP as defendants: Const. Wilfred Jephson, Cpl. Jean Marc Nadeau, Sgt. Thomas Kasdorf, Sgt. Keith Estabrooks, Staff Sgt. Ed North, guard Steve Allen and Commissioner Guiliano Zaccardelli.

The RCMP officers named in the case filed statements of defence June 30 and July 1 denying any wrongdoing. In his statement of claim, Mazhero said he was arrested outside the Sivummut Building in Iqaluit on Nov. 6, 2003.

In an interview, Mazhero said he went to Iqaluit in hopes of meeting with an official in the Nunavut Department of Education about what he felt to be an unlawful dismissal from a teaching job in Chesterfield Inlet.

According to news reports, he was fired over unproven allegations of sexually touching.

He is suing the education department for $2.6 million in relation to that case.

When no representative from the Department of Education would meet with him, Mazhero decided at about 1 p.m. that day to wait outside the office.

"I said 'I'm going to wait here until you change your mind,'" Mazhero said.

He then went back to the Oqota emergency shelter to pick up some belongings and returned to the building later that afternoon.

According to Mazhero, RCMP officers came by to check on him at 8 p.m.

"They tried to persuade me, saying 'Why don't you make an appointment?' and I told them I was trying to do that," Mazhero said.

He wrapped himself in a sleeping bag and planned to wait "as long as it took," he said.

"I wanted them to find me there," said Mazhero, who was planning a hunger strike if the officials continued to refuse to meet with him.

Danger of freezing

The officers came by again at 9 p.m. and arrested Mazhero under the Mental Health Act, saying he was in danger of freezing to death.

In his statement of claim, Mazhero said a doctor at Baffin Regional Hospital said "there was nothing medically wrong with him."

An RCMP report into the incident found police unlawfully detained Mazhero and did not allow him the opportunity to speak to a lawyer, but found other claims concerning failure to provide proper medical attention to be unwarranted.

Iqaluit RCMP spokesperson, Const. Chris Coles said the RCMP does not comment on pending lawsuits.