Winnipeg police officer denies threatening employee during inspection of convenience store
Officer involved in lawsuit has been named in several previous claims alleging excessive use of force
A Winnipeg police officer has denied threatening a convenience store worker during what the officer says was an inspection of the store last year, countering claims made in a lawsuit that the patrol sergeant searched the store without a warrant and threatened to have the worker deported.
Winnipeg Police Service Patrol Sgt. Jeffrey Norman was inspecting the Sargent Avenue store on Dec. 2, 2023, for about the third time, after getting information about "activities being carried out" there that "contravened provincial legislation," an amended statement of defence filed in Manitoba's Court of King's Bench earlier this month says.
But unlike with previous inspections, when Norman got to the store that day, the door was locked and he couldn't see a clerk behind the counter — but he did see a security camera monitor through a window that showed the plaintiff moving around in what appeared to be the store's basement, the statement of defence says.
"Based on the plaintiff's movements and delay in granting him entry … Norman believed that the plaintiff was obstructing his inspection and attempting to destroy and/or conceal evidence," the document says.
Once the worker got back to the main floor, he let Norman in and was arrested for attempting to obstruct a peace officer in the course of an inspection.
"To ensure his safety, Norman briefly handcuffed the plaintiff while he investigated the basement to determine if an additional employee was in the basement and to determine if evidence was being concealed or destroyed."
Norman also took the man's phone from his hand when he handcuffed him and put it on the counter beside him "for officer safety," and his inspection ultimately found no evidence the man was destroying or concealing evidence, the statement of defence says.
However, Norman did find vapour products that "contravened provincial legislation" and gave the man a warning about those, and about the man's release conditions from a previous unspecified arrest, the statement of defence says.
The court filing says the inspection was "carried out in good faith and accordance with powers vested in Norman as a peace officer," and that the officer never threatened the employee.
The lawsuit against Norman was filed in December in Manitoba's Court of King's Bench by store clerk Harjot Singh, who alleged the search of the store was "warrantless and unreasonable in the manner in which it was carried out," and left Singh so shaken that he quit his job.
The lawsuit, which is asking for an unspecified amount in damages, claims Norman's alleged actions "amounted to battery, false imprisonment and arbitrary detention, unreasonable search and seizure," and a violation of Singh's Charter rights.
It also alleges that the officer's conduct was high-handed and "discriminatory on the basis of national or ethnic origin," and that during the course of the search, Norman questioned Singh and threatened him with deportation from Canada if he didn't co-operate.
Norman's statement of defence says Singh's rights were not breached, and he suffered no loss or damages as a result of anything done by Norman.
It also says there is "no basis in fact nor law for a court to compel" the City of Winnipeg, which is also named as a defendant in the lawsuit, to implement a remedial education program requested in Singh's court filing.
That program would ensure Winnipeg Police Service officers understand and uphold their legal and constitutional obligations during the course of their duties.
None of the allegations in Singh's statement of claim have been tested in court.
Past allegations
Norman has been named in at least three previous lawsuits alleging excessive use of force, and was the subject of an investigation by Manitoba's police watchdog in 2019.
The 2019 incident involved a cyclist who alleged Norman pepper-sprayed him after he asked Norman to dim his police vehicle's headlights.
No charges were laid after the Independent Investigation Unit of Manitoba said while "grounds exist to arrest the officer and lay a charge," it was "not satisfied that there is a reasonable likelihood of conviction."
During a February 2020 bail hearing, it was revealed that Norman, while off duty, knocked out a man who was accused of theft at a Liquor Mart.
The man said he hit Norman over the head with a liquor bottle and alleged Norman then struck him in the face with a baton, causing him to black out, according to the defence lawyer.
That incident wasn't reported to the province's police watchdog, the Independent Investigation Unit said later in 2020.