Canadian Lawyer

Ontario lawyer sues police over public arrest A Kitchener, Ont., criminal lawyer says "a lingering odour of malcontent" over his arrest at a local Tim Hortons for obstruction of justice has prompted him to launch a multimillion-dollar lawsuit against local police. "It may have been done differently and there may never have been charges laid had there been a thorough investigation," says Hal Mattson of his treatment by police on the afternoon of Nov. 8, 2010, when he was arrested inside a Tim Hortons across the street from the Kitchener courthouse for allegedly convincing a witness to withhold information during a preliminary hearing in a criminal case. Superior Court Justice John Sproat tossed the charges against Mattson in May, saying it would require him to undertake "impermissible speculation." Mattson, who once represented convicted killer Michael Rafferty, is suing for $5.5 million for wrongful arrest, detention, confinement, and assault by police. He is seeking $2 million in damages for defamation, $1 million in special damages, $2 million for breach of constitutional rights, and another $500,000 in punitive damages. In addition, he wants compensation for the cost of pursuing the lawsuit. His statement of claim says Waterloo Regional Police Service officers "arrested the plaintiff in circumstances where they knew or ought to have known that no criminal offence had been committed." He also claims police held him unnecessarily for 3-1/2 hours before releasing him on a promise to appear. The arresting officers were acting out of malice, the claim states. The lawsuit names the Waterloo Regional Police Services Board, seven officers, and police chief Matt Torigian as defendants. Waterloo Regional Police Service spokesman Olaf Heinzel says the police board is preparing its defence. "The Hal Mattson says there's a 'lingering odour of malcontent' over his arrest. matter has been referred to the police board's legal counsel and they're dealing with the matter," he told Law Times. At the time of his arrest, Mattson told Law Times four officers approached him inside the coffee shop and warned him more officers were on standby. Although there's a mention of Mattson being "battered" by police, there's no description of a physical assault in the lawsuit. Brian Kelly, Mattson's lawyer, declined to comment on the lawsuit. Mattson often appears in criminal cases at the court across the street from the coffee shop where his arrest took place. Although the obstruction of justice case eventually ended in his favour, he says the legal ordeal had an impact on his reputation among "some participants" in the justice system. "It makes it difficult to deal with those people," he says. "I mean, you have to deal with them every day, right?" In his claim, Mattson alleges the arrest "publicly humiliated" him and aimed to "demean the plaintiff in the presence of his friends, peers, colleagues, clients, and the public in general." None of his allegations have been proven in court. In the 2010 case before Sproat, police claimed Mattson had a conversation with Tyson Holmes, a witness in a case that involved five people accused of attempted murder and drug-related offences. During his chat with Holmes, police alleged Mattson convinced him not to identify the principal accused in the matter by his street name, Chico. They said he did so in order to undermine the prosecution's case. Later, Holmes was hesitant to testify. Mattson wasn't acting for any of the defendants but had previously represented Holmes in a different matter. The judge said the police lacked evidence to back up their claim against the lawyer. In his statement of claim, Mattson Continued on page 10 News Feed CAN A BUSINESS BE DEFAMED? Litigation partner, Brian Radnoff, provides some insight into defamation and your business. Follow the link to view Brian Radnoff's Video where he explains how businesses can be defamed and what they need to consider when they think they have been. http://bit.ly/WCbGJA "MO" FOR MEN: We are proud to be participating in this year's Movember fundraising campaign to raise funds to support prostate cancer and male mental health initiatives. Our fundraising efforts have enabled us to raise over $26,000 for Prostate Cancer Canada and the Movember Foundation. Feel free to visit our team page to view photos of our Mo Bros and Sistas. http://ca.movember.com/team/571201 SANTA TO A SENIOR: This holiday season we will be participating in Be a Santa to a Senior, a local non-prot and community organization which identies seniors who might not otherwise receive gifts this holiday season. We will be participating in the purchase and supply of gifts because everyone deserves some Holiday Cheer! lerners.ca/community-matters/90 www.CANADIAN www.lerners.ca L a w ye r m a g . c o m erners_CL_Jan_13.indd 1 Jan uary 2013 9 12-12-10 9:30 AM

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