Edmonton Police Service asks court to order homeless man to pay $8,400 before proceeding with lawsuit
Dwayne Cardinal is suing the city and EPS over encampment cleanup
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Cardinal → ask → cleanup
A man experiencing homelessness who is suing the Edmonton Police Service (EPS) is facing a new hurdle after the police department applied for an order requiring him to pay $8,400 in security for costs.
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department → experience → costs
Dwayne Cardinal is suing EPS over an encampment cleanup on July 15, 2024, alleging misconduct by officers.
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Cardinal → sue → officers
He alleges excessive force was used during his arrest.
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force → allege → arrest
The allegations have not been tested in court.
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allegations → test → court
Security for costs can be ordered as a financial guarantee to cover a defendant's estimated legal expenses if the plaintiff loses the lawsuit.
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plaintiff → order → lawsuit
A bill of costs for the EPS chief, included in an affidavit filed with the application, outlines estimated legal expenses, including fees related to questioning both Cardinal and the defendants.
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bill → include → Cardinal
In its arguments, EPS points to Cardinal’s statements saying he has been homeless for 10 years and receives less than $600 a month from income support.
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he → point → support
EPS argues it is unlikely that he has assets to satisfy a cost award if he loses.
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he → argue → award
EPS declined to comment on the order, stating the issue is before the courts.
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issue → decline → courts
The lawsuit names former Edmonton police chief Dale McFee and constables Mathew Bruno and Levi Clarke.
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lawsuit → name → McFee
Cardinal alleges battery, false arrest, false imprisonment, negligence and violations of his Charter rights during his arrest.
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Cardinal → allege → arrest
Cardinal's lawyer, Chris Wiebe, said he believes it was "diabolical” for EPS to ask the court for an order that his client pay $8,400 before he can continue his lawsuit against the police department.
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he → say → department
“My client receives less than $600 a month from income support.
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client → receive → support
The EPS has an annual budget of over a half-billion dollars.
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EPS → have → dollars
If the EPS are successful, it would set a horrible precedent," Wiebe said in a statement.
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Wiebe → set → statement
In Cardinal's civil lawsuit and related police complaint, he says Edmonton police used a Taser on him, leaving eight probe and stun wounds.
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police → say → wounds
He also alleges that officers kicked him in the back between his shoulder blades and dragged him across the ground to a police vehicle.
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officers → allege → vehicle
It is not contested by the parties that a Taser was used.
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Taser → contest → parties
Cardinal alleges he was unlawfully detained after officers ordered him to stop packing his tent and stand aside without explaining why he was being detained.
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he → allege → tent
He says he was arrested despite complying with officers and packing up his belongings to leave the site.
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he → say → site
He also alleges officers violated his Charter rights by failing to promptly tell him why he was being arrested and detained before using physical force.
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he → allege → force
An EPS court application currently seeks to have those Charter claims struck from the lawsuit.
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claims → seek → lawsuit
Const. Bruno’s notes state that he read Cardinal his Charter rights after his arrest.
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he → state → arrest
Cardinal says police failed to prevent City of Edmonton workers from seizing and disposing of his tent and personal belongings while he was detained, and that officers dropped him off near a shelter rather than ensuring he received prompt medical treatment for his injuries.
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he → say → injuries
In the affidavit, the EPS argues the officers were lawfully clearing an illegal encampment on private property and allege Cardinal was aggressive and unco-operative.
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Cardinal → argue → property
The EPS says Cardinal swore at officers and refused to identify himself, and pushed a tent toward an officer, which prompted his arrest.
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which → say → arrest
EPS says Cardinal physically fought arrest and that medical services attended the scene, determined the Taser probes did not penetrate Cardinal's skin and cleared him as requiring no medical care.
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probes → say → care
EPS says its role was securing officer and worker safety, while property disposal was at the discretion of city workers.
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disposal → say → workers
Cardinal’s lawsuit also names the City of Edmonton.
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lawsuit → name → Edmonton
He’s asking a judge to find the city liable for seizing and disposing of his personal belongings during the cleanup.
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city → ask → cleanup
The city has disputed his claim, arguing its workers were authorized to remove the property under Alberta’s Municipal Government Act and that the items posed health and safety risks.
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items → dispute → risks
Arguments against the city were heard last month and the judge has yet to make a decision on that application.
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judge → hear → application
The hearing for EPS’ application, which covers both the security for costs request and the striking of Charter claims, is scheduled to take place on Oct. 14 at the Edmonton Court of King’s Bench.
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which → cover → Bench
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