Man sues RCMP over Taser use in MacGregor arrest

Mountie Justified in Use of Force Against Leonard Braun

Canada’s attorney general states that a Mountie acted justifiably in using force against Leonard Braun. Braun claims he has ongoing trauma after being incapacitated with an electroshock weapon during his arrest.

Leonard Braun, who resides on a farm in MacGregor, filed a statement of claim in the Court of King’s Bench last winter. He named the Royal Canadian Mounted Police and Const. Jamie Pius O’Brien as defendants.

In a statement of defence filed this fall, the federal attorney general argues that Braun’s lawsuit lacks merit. The attorney general requests that a judge dismiss the claim.

Braun’s lawsuit is related to an incident on February 16, 2023, at his home. Following this incident, he was charged with assaulting a peace officer.

The charge was stayed in Portage la Prairie provincial court in 2024, according to court records.

Details of the Incident

The government’s court documents state that the Mounties were at Braun’s home as part of their lawful duties. They were justified in their use of force, and the filing claims that Braun is not entitled to any damages.

At the time, Braun and his spouse were separating. The Mounties were called to maintain peace while Braun’s spouse retrieved her belongings from the home.

The government claims that Braun had shoved a friend of his spouse, who was there to help, and locked them out before the officers arrived. Braun contends that his spouse had already taken all her belongings, which the government disputes.

The government states that Braun told the Mounties through a window that the dispute was between him and his spouse. He then closed the window and refused to open the door. His spouse informed O’Brien that Braun did not have a gun license but had a rifle in the garage.

According to the government, Braun’s spouse gave the officers permission to enter the house with her to collect her belongings. She also provided them with a key, but Braun prevented entry by holding the lock.

O’Brien knocked on the window and positioned himself to prevent Braun from closing it. He attempted to discuss the situation calmly. However, Braun became angry and allegedly threatened O’Brien before hitting him to get him to move.

O’Brien informed Braun that he was under arrest for assaulting a peace officer and instructed him to leave the house. Instead, Braun left the view of the window, according to the government.

Concerned that Braun might access the gun, O’Brien pushed the window to enter but broke it. He then kicked in the door and ordered Braun, who was in the foyer, to turn around with his hands behind his back.

Braun reportedly clenched his fists and approached O’Brien and his partner while holding a piece of glass. O’Brien told Braun to drop the glass or he would use a Taser. Braun walked away, prompting O’Brien to use the Taser on him, leading to his arrest.

Braun described the situation differently, stating he was complying and had his hands raised when O’Brien yelled at him before using the Taser.

As the officers escorted him to their cruiser, Braun allegedly pulled away and fell, injuring himself. This resulted in a trip to the hospital in Portage la Prairie.

Braun claimed that the arrest and hospital visit embarrassed him and harmed his reputation. However, the government stated it had no knowledge of how the events affected him. They argued that the actions taken were lawful and reasonable due to Braun’s assault on Const. O’Brien and his failure to comply with police commands.

The government’s court documents assert that any harm to Braun’s reputation was caused by his own actions.