Martin Green v. J.R. Klassen, Jim Dao, Jason St. Pierre, Richard Grandmaison, et al.

(Manitoba) (Civil) (By Leave)




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Charter of Rights — Freedom of expression — Judgments and orders — Summary judgments — Whether the motions judge correctly found that the RCMP had reasonable grounds to arrest him and to hold him overnight — Whether the motions judge erred in refusing to consider evidence that might have shown that the RCMP’s true purpose was to illegally shut down Green’s legal picket, in violation of his Charter rights — Whether the motions judge erred in finding that the second arrest was, in part, justified by the applicant’s failure to produce written proof of his identity after identifying himself verbally.

This application stems from two incidents, both involving reports that Mr. Green had been stopping traffic from coming in and out of the premises of his former employer, and yelling at people. In the first incident, matters progressed to the point where Mr. Green ran up to the officer, yelling and cursing. The officer reported asking Mr. Green to back up, but said that Mr. Green instead advanced and put his face so close to the officer’s that their noses touched. Mr. Green was arrested for assaulting a police officer, taken to the local RCMP detachment, and released with a notice to appear and an undertaking. Mr. Green denied that his face touched the officer’s. In the second incident, Mr. Green refused to identify himself. When he began to walk onto the highway, an officer grabbed him by his backpack for his own safety and that of the motorists in oncoming traffic. Mr. Green clenched his fists, swore at the officer, and tried to break free. He said that he did not recall there being oncoming traffic. He was arrested for causing a disturbance by disrupting traffic and stopping vehicles. When he refused to sign an undertaking with a condition that he not attend at the premises of his former employer and indicated that he would return to continue his protest if released, he was held overnight and released in the morning.

The Crown ultimately decided not to proceed with the charges. Mr. Green filed a claim for damages arising from what he characterized as his illegal arrest and false imprisonment by the RCMP. The Respondents brought a motion for summary judgment. The motions judge granted the motion for summary judgment, and the Court of Appeal dismissed Mr. Green’s appeal.

Lower Court Rulings

July 14, 2015
Court of Queen’s Bench of Manitoba

2015 MBQB 123, CI 11-01-73424
Motion for summary judgment granted
February 12, 2016
Court of Appeal of Manitoba

AI15-30-08473, 2016 MBCA 22
Appeal dismissed