Winnipeg police officer accuses employer of violating his Charter rights with arrest, house search

A local police officer is suing the City of Winnipeg, alleging his Charter rights were violated and reputation irreparably damaged after officers searched his home and arrested him in 2017.

The city, which oversees the Winnipeg Police Service, will appear in front of a judge on Thursday to decide whether the lawsuit initiated by officer Tyler Lintick in 2021 merits a civil trial and whether a co-worker's statements can be used to support him.

In February of 2017, Lintick said police officers, including members of the tactical team, came to his home in Winnipeg, handcuffed him and executed a search warrant there, according to a statement of claim filed in 2021.

Lintick alleges he was not told whether he was being arrested or why he was being detained, even after members of the professional standards unit put him in the back of a police car.

He was later placed under arrest for possession of cocaine for the purpose of trafficking, and told to give officers his house keys and codes to his personal gun safes.

The City of Winnipeg said concerns had been raised about Lintick's mental health the day before his arrest after he posted a video on social media, and the decision was made to refer him to have a mental health assessment, according to a statement of defence filed in December of 2021.

A supervisor went into Lintick's locker to secure his duty weapons as a result of that referral, and according to standard practice, the court filing said.

Instead of finding his police-issued gun, the supervisor found a bag containing packaged white powder that was consistent with cocaine, pills and a cellphone, the city alleged in its statement of defence.

The city said that discovery prompted officers to get a search warrant for Lintick's house, which was "executed lawfully and in good faith, in a manner that protected public safety, officer safety and the safety of Lintick, and that would allow for the preservation of any evidence," the statement of defence said.

Drugs forfeited by confidential informant: Lintick

However, Lintick said in a supplemental court document that the drugs were forfeited to him by a confidential informant, and he wasn't able to bring the evidence to police headquarters in a timely fashion because he wasn't granted the overtime to go there. 

At that time, his police station didn't have a drug evidence locker, and he was told by a sergeant to follow up on the matter later, he said in the court filing.

"It came to me through the lawful execution of my duties," Lintick said in the document.

Lintick was released by police on a summons, and asked to speak with the behavioural health services unit, the statement of defence said. In the interim, he was placed on paid, non-punitive leave.

He was cleared for active duty shortly after his arrest, both the claim and the defence say.

In the statement of claim, Lintick said he was cleared the day of his arrest, while the City of Winnipeg says he was cleared in May of that year.

Alleged Charter violations caused damage: Lintick

The officer says police ransacked his home, and searched his property beyond the parameters of the search warrant, therefore breaking his right to the reasonable expectation of privacy enshrined in the Charter of Rights and Freedoms.

Lintick also alleges his Charter rights were breached because he wasn't immediately informed of the reason for his detention and there were no reasonable and probable grounds to arrest him.

The "conduct was high-handed and oppressive, and increased [Lintick's] humiliation and anxiety," his statement of claim said.

Police found a dozen long guns and three pistols in Lintick's home, according to the statement of claim.

The guns are used for hunting and target practice, and are always kept secure, Lintick said. Many of the guns were handed down from his grandfather and are not in working order, he added in a court filing.

Lintick says the investigation, which didn't result in charges being laid, caused him to suffer a loss of reputation, trauma, stress, difficulty sleeping and nightmares as well as other damages.

Justice Gerald Chartier will decide at the upcoming hearing whether too much time has passed since the original incident, if Lintick's lawsuit is a genuine issue requiring a civil trial, or if it can be decided summarily.

The City of Winnipeg filed a summary judgment motion, saying the lawsuit is an abuse of process since workplace grievances are dealt with through the union, the Winnipeg Police Association.

Winnipeg police reached a resolution with the union, the Winnipeg Police Association, which they both agreed was fair, and the union didn't refer the matter for arbitration.

In a follow-up motion, Lintick said it came under the jurisdiction of the court as soon as he was arrested.

The City of Winnipeg is also seeking to throw out an affidavit of Lintick's long-time colleague Sgt. Ken Azaransky, which was filed on Jan. 11, on the basis that it doesn't provide the source of information provided, is "replete with opinion and is wholly irrelevant," according to a motion filed last week.

Azaransky, who has known Lintick for eight years and recruited him to work in general patrol after the investigation didn't result in charges being laid, said people continue to associate Lintick with the investigation and arrest.

"Even today, nearly six years later, whenever I hear Tyler's name brought up, comments will often be made about his mental health, lack of integrity and right to be a police officer," he said in his affidavit.

"These damaging comments are an insult to his character and make his life within the service difficult."