The Quebec Court of Appeal has upheld a lower court ruling that affected the family of a Montrealer killed by police after the Independent Investigative Unit (BEI) published a press release subjectively.
The family of Corey Kevin Selig sued the agency responsible for overseeing the work of the province's police forces, arguing its press release violated his honor and dignity and caused him psychological distress.
A trial judge ruled in favor of the family in 2021 and Mr. Selig's parents and siblings were awarded $30,000 in damages.
The provincial government appealed the decision, arguing that the investigating BEI committed no wrongdoing when someone other than an on-duty police officer was killed or seriously injured during a police operation.
Even if that had been the case, the government argued, these errors would not have harmed the family.
However, the Court of Appeal rejected both arguments.
“In this case, the judge could reasonably conclude that BEI erred by issuing a press release that implied a lack of neutrality,” Judge Simon Ruel wrote in his Dec. 18 ruling. case.
Dependent appearance
According to Judge Ruel, issuing a press release to present certain facts while retaining only the police version of events gave the appearance of bias.
Further, the trial judge said, “There is a causal link between the press release and the assault on dignity, psychological distress, anxiety, loss of enjoyment of life and humiliation felt by the respondents.
Judge Ruel found some errors in the trial judge's decision, but he argued that none of them were serious enough to warrant a reversal of the decision.
28 year old Mr. Selig died in March 2017 at the family home in West Montreal after his parents called the police.
Photo by Robert Skinner, Law Press Archives
Corey Kevin Selig's father is Cesar Selig
Then the parents wanted to stop their son from driving under the influence.
BEI reports what happened after that, after the police arrived Mr. BEI accused Selig of becoming aggressive. He allegedly refused to follow commands and continued to resist as three police officers pinned him to the ground.
Subsequently, police observed Mr. Selig unconscious.
Instead, when the police came home, Mr. The argument began after Selig yelled at a police officer to turn off his flashlight, his parents said.
The parents alleged that the police officer then hit their son with a flashlight, then a baton, before three more officers pinned him to the ground and beat him.
According to the version of the parents, Mr. Although Selig's son was already pinned to the ground, the police used a stun gun to stop him from breathing.
An inquest was held into the incident. Coroner Luke Malouin concluded that the police had used unnecessary force, but noted that there was no evidence that a stun gun had been used.
A pathologist Mr. Selig's death was attributed to an “intoxication/adverse reaction to a combination of alcohol, drugs and narcotics in the context of excited delirium syndrome.”
Many medical groups, including the American Medical Association, have rejected the existence of “excited fainting.” Last year, the British Columbia Coroner's Service said “excited fainting” was no longer recognized as a cause of death.
Mr. No police officers have been charged in Selig's death.
