Saskatoon man sues officers who Tasered him after responding to wrong address

Dion Waniandy and Saskatoon police agree that the officers who entered Waniandy's downtown apartment building on June 29, 2016, and Tasered him responded to the wrong suite.

After that, the narratives diverge.

"There was no call of 'hold still, Taser.' There was nothing like that. It was just draw, shoot and then explain to me afterwards what had happened," Waniandy told CBC.

"I was inside of the safety of my own apartment, minding my own business, bothering no one, doing everything legal possible."

Police aren't elaborating on their version of events.

Waniandy has filed a lawsuit against the two officers who entered his suite. He filed a statement of claim with the Saskatchewan Court of Queen's Bench.

The police account of what happened is summarized in the Saskatchewan Public Complaints Commission annual report for 2016.

"Upon arrival, members found a male subject in the apartment seated at the computer with his back to the door. They identified themselves and the subject got up and came toward the members in an aggressive manner, shouting and yelling threats at them and challenging them to fight," the report said.

"Despite the members efforts to de-escalate the situation, the subject refused to calm down and a physical altercation ensued. One member discharged a CEW [conducted electrical weapon] to eliminate the threat and the subject was then taken into custody without injury.

The report also noted that, "It was subsequently learned that the address provided by the occupant who had requested members check her apartment was incorrect." 

Search for accountability

Waniandy 50, said he filed the lawsuit because he wants police held accountable for what happened.

He said that he's not been satisfied by responses from the Public Complaints Commission, the Board of Police Commissioners and the province's Human Rights Commission and that he is still shaken by what he views as a massive breach of privacy and rights.

Waniandy said he was in his underwear at his computer desk, having a beer and a cigarette, when officers walked into his apartment. In the report, he claims the door was not completely closed because a friend had just left.

He says in the claim that he had no idea why officers were in his suite. He said they were yelling that they were searching for a man named Jason.

Waniandy said he identified himself. He doesn't dispute that he used profane language with the officers, because he says that he was upset and confused by why police were in his apartment. He said they did not knock before entering or show a warrant.

He is alleging that the use of the Taser was unprovoked.

Waniandy was charged with uttering threats and assaulting a police officer, but those charges were stayed in provincial court three months later.

The lawsuit

None of the allegations Waniandy makes in his five-page statement of claim against the officers have been proven in court.

He is claiming pain and suffering, mental distress, physical injury from the Taser, damage to his reputation, loss of income and legal costs.

Further, he specifically alleges trespassing, false imprisonment and general damages for assault, battery and malicious prosecution, although no dollar figure is given in the report..

The suit was filed June 20. A statement of defence must be filed within 20 days.