Pubdate: Tue, 29 May 2007
Source: Daily Observer, The (CN ON)
Copyright: 2007, Osprey Media Group Inc.
Contact:  http://www.thedailyobserver.ca/
Details: http://www.mapinc.org/media/2615
Author: Tina Peplinskie

LAWSUIT GOES TO COURT

Reimer Claims OPP Used Excessive Force In Arrest

A claim that an Ontario Provincial Police constable used excessive
force when arresting Rick Reimer March 27, 2002 is the subject of a
million-dollar civil lawsuit being heard in Pembroke Superior Court.

Mr. Reimer, a former Pembroke lawyer who has a medical exemption to
smoke, grow and cultivate marijuana to treat his Multiple Sclerosis,
also claims the two arrests made by Constable Tim Broder in the
parking lot outside the Killaloe court were wrongful.

Also named in the $3 million lawsuit are Sergeant Dwayne Sears of the
Killaloe OPP and the Crown attorney for the province of Ontario. Mr.
Reimer was at Killaloe court March 27, 2002 for a first appearance on
an impaired driving charge laid Feb. 11, 2002 when he was stopped for
smoking a marijuana cigarette while driving.

Before entering the court on March 27, Mr. Reimer met A-Channel
videographer Doug Hempstead in the parking lot and conducted an
interview about the case. With the camera rolling, Mr. Reimer was
approached by Const. Broder, who asked to see a copy of his medical
exemption. During the conversation, the officer said he was aware of
the plaintiff's exemption but he needed to see a copy of the letter.
Mr. Reimer was arrested after he refused to give the officer the
necessary documentation, claiming he is not required to produce the
exemption on demand from a police officer.

"I am not obligated to talk to you or show you anything," he told the
officer on the video, which was entered as an exhibit to the trial.

Mr. Reimer claims that once inside the building, Const. Broder pushed
his face up against the wall and twisted his arms behind his back to
place him in handcuffs. He testified the pain was so great that he had
to stand on his tiptoes in an attempt to relieve the pressure, adding
he experienced surges of pain periodically for the next nine months.
He also testified that the handcuffs were so tight he had lacerations
on his wrists as well as a laceration on his left palm when his hand
was removed from the door jam.

In cross-examination James Smith, the lawyer for the defendants, asked
Mr. Reimer why he never sought medical attention for his injuries and
he said he didn't think it would have any bearing on the case.

Mr. Smith also asked why Mr. Reimer didn't mention the use of
excessive force by the officer or his injuries on camera, knowing his
comments would be part of a news broadcast.

Mr. Reimer estimates he was detained briefly in the cell after the
first arrest. He then received a promise to appear notice and was
released. Once outside, he immediately lit a joint and resumed his
interview with Mr. Hempstead.

Mr. Reimer was approached again by Const. Broder and arrested for the
second time that day. This time the officer seized a notebook, which
contained the valid exemption, from the hood of Mr. Reimer's vehicle.
The charges were later dropped and he was released.

On March 25, 2002, Mr. Reimer attended at the Killaloe detachment to
have his photo and fingerprints taken in relation to the impaired
operation of a motor vehicle charge. He was asked to provide a copy of
the exemption to investigating officer Const. Brad Burton. The
exemption he provided was expired and attempts to obtain a current
copy were unsuccessful, leading Sgt. Sears to believe Mr. Reimer did
not have a valid exemption. He notified members of the detachment
through an e-mail that Mr. Reimer did not have an exemption.

Although he was aware there is a possibility of renewing the
exemption, Mr. Reimer - under questioning by Mr. Smith - also read
seven reasons why the exemption can be revoked or suspended; including
possessing more 30 grams of marijuana, stopping visits to a medical
practitioner or seeking other treatment.

Sgt. Sears also believed Mr. Reimer was required to produce his
medical exemption when requested.

Mr. Reimer was diagnosed with Multiple Sclerosis in the fall of 1998.
After a lengthy struggle, he received his first medical exemption in
March 2000. He was the 20th person in the country to receive such an
exemption from Health Canada.

In 2005, he received an exemption under the Marijuana Medical Access
Regulations and is now required to present his exemption when
requested to do so by police officers.

The trial resumes today. Const. Broder will take the stand.
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MAP posted-by: Derek