Broad v. Woodstock (Town), (2010) 365 N.B.R.(2d) 291 (TD)

• Judge: Morrison, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 09, 2010
• Jurisdiction: New Brunswick
• Citations: (2010), 365 N.B.R.(2d) 291 (TD);2010 NBQB 295

Broad v. Woodstock (2010), 365 N.B.R.(2d) 291 (TD);

    365 R.N.-B.(2e) 291; 939 A.P.R. 291

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2010] N.B.R.(2d) TBEd. SE.023

Renvoi temp.: [2010] N.B.R.(2d) TBEd. SE.023

Aaron Broad v. Town of Woodstock

(W/C/16/07; 2010 NBQB 295; 2010 NBBR 295)

Indexed As: Broad v. Woodstock (Town)

Répertorié: Broad v. Woodstock (Town)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Woodstock

Morrison, J.

September 20, 2010.

Summary:

Résumé:

An altercation ensued when Town of Woodstock police officers attempted to detain the plaintiff pursuant to the provisions of the Intoxicated Persons Detention Act (N.B.). In the course of events, the plaintiff was handcuffed, pepper-sprayed, frog-marched to a police car and taken to the Woodstock police station. The plaintiff was released after approximately one to one and one-half hours. The plaintiff, alleging that he was injured as a result of the altercation, sued the Town for damages for assault, false arrest and imprisonment, and breach of his s. 10(b) Charter rights to counsel. The plaintiff also sought punitive damages.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action. The court held that the plaintiff's detention was justified and that the police used reasonable force. The court provisionally assessed damages at $3,500 for abrasions and bruising to the left side of the plaintiff's face near the cheekbone and for abrasions to the plaintiff's wrists and toes as a result of being handcuffed and frog-marched by police.

Civil Rights - Topic 3604

Detention and imprisonment - Detention - What constitutes detention - [See Civil Rights - Topic 4654.2 ].

Civil Rights - Topic 4654.2

Right to counsel - Entitlement - Intoxicated persons detention - Police officers acting pursuant to s. 2 of the Intoxicated Persons Detention Act (N.B.) detained the plaintiff and took him into custody for approximately one to one and one-half hours - The officers never informed the plaintiff of his right to counsel under s. 10(b) of the Charter - The plaintiff argued that his s. 10(b) right was violated - The New Brunswick Court of Queen's Bench, Trial Division, rejected the argument - The plaintiff's detention under s. 2 did not fall within the definition of "detention" as set out in R. v. Therens (S.C.C.) - The plaintiff was not subject to criminal prosecution and hence, there was no possibility of self-incrimination - As a result, s. 10(b) of the Charter was not engaged - See paragraphs 47 to 53.

Police - Topic 3061.1

Powers - Arrest and detention - Intoxicated persons - Section 2 of the Intoxicated Persons Detention Act (N.B.) provided that "Where a peace officer finds in a place to which the public has access a person who is intoxicated he may take that person into custody" - The plaintiff went to an outdoor rock concert at Connell Park in Woodstock, New Brunswick - The concert site was fenced into two distinct areas - One area was licensed to sell alcohol to concert goers aged 19 years and over - The plaintiff was in the licensed area when Town police officers, believing that he was intoxicated, detained him there pursuant to s. 2 - The plaintiff argued that his detention was unjustified because Connell Park was not a place to which the public had access - The New Brunswick Court of Queen's Bench, Trial Division, rejected the argument - Connell Park was a place to which the public had access within the meaning of s. 2 - This was a public park to which thousands of people could gain access merely by purchasing a ticket - See paragraphs 36 to 42.

Droits et libertés - Cote 3604

Détention et emprisonnement - Détention - En quoi consiste la détention - [Voir Civil Rights - Topic 3604 ].

Droits et libertés - Cote 4654.2

Droit à l'assistance d'un avocat - Droit - Détention des personnes en état d'ivresse - [Voir Civil Rights - Topic 4654.2 ].

Police - Cote 3061.1

Pouvoirs - Arrestation et détention - Personnes intoxiquées - [Voir Police - Topic 3061.1 ].

Cases Noticed:

R. v. Clark (D.M.), [2005] 1 S.C.R. 6; 329 N.R. 10; 208 B.C.A.C. 6; 344 W.A.C. 6; 2005 SCC 2, dist. [para. 41].

R. v. Storrey, [1990] 1 S.C.R. 241; 105 N.R. 81; 37 O.A.C. 161, refd to. [para. 43].

R. v. Therens, [1985] 1 S.C.R. 613; 59 N.R. 122; 40 Sask.R. 122, consd. [para. 48].

R. v. M.R.M., [1998] 3 S.C.R. 393; 233 N.R. 1; 171 N.S.R.(2d) 125; 519 A.P.R. 125, consd. [para. 50].

R. v. Lenihan (O.E.) (1997), 158 N.S.R.(2d) 216; 466 A.P.R. 216; 115 C.C.C.(3d) 246 (C.A.), consd. [para. 51].

Statutes Noticed:

Intoxicated Persons Detention Act, R.S.N.B. 1973, c. I-14, sect. 2 [para. 36].

Authors and Works Noticed:

Taylor, Matthew, and Jamal, Mahmud, The Charter of Rights in Litigation (2009) (Looseleaf), para. 21:08 [para. 49].

Counsel:

Avocats:

James C. Crocco, for the plaintiff;

James H. McCue, for the defendant.

This action was heard on January 9, 2010, by Morrison, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Woodstock, who delivered the following decision on September 20, 2010.