ANALYSIS: What Are the Chances of Success for Rebel News Lawsuit Against Police for Arrest of Journalist

Likelihood of Success for Rebel News Lawsuit Against Police for Arrest of Journalist: An Analysis

January 10, 2024 TruthUSA

According to experts in the field, Rebel News may have a challenging case in suing the police for the wrongful arrest of journalist David Menzies, especially given the high publicity and public commentary surrounding the incident.

On Jan. 8, Mr. Menzies was walking alongside Deputy Prime Minister Chrystia Freeland on a Toronto-area street, asking her questions as she was on her way to an event, when he walked into a man who stepped in front of him and put his arm out to block Mr. Menzies.

When Mr. Menzies asked the man what he was doing, the man told Mr. Menzies, “you are under arrest for assault” and then identified himself as police, saying that “you pushed into me.” The man turned out to be a plainclothes RCMP officer. Mr. Menzies was handcuffed and put into a police cruiser but was released the same day without charges. Rebel News has announced its intent to sue over the arrest.

Calvin Lawrence, a former policeman of 36 years, including 28 with the RCMP, says there was no justification for the arrest. “I would think that the RCMP want to save face and just hope and pray that it goes away, or if something is done, there will not be much publicity,” Mr. Lawrence said. “They will probably drag it out so people will forget.”

‘Out of All Proportions’

Retired Mountie Andy Brooke, who served 28 years with the RCMP, said the arresting officer acted “ridiculously and out of all proportions” toward a reporter who seemed to be just doing his job.

Mr. Brooke said it would be best if an outside police body investigated the matter. He said if charges were laid, discipline would be put aside until legal matters played out. If discipline came into play, past precedents in the officer’s policing should be considered.

“Even if you’re found not guilty of a criminal case, you can still be given your walking papers. You can still lose your badge. That’s how it was when I served.”

In April 2021, a Peel Regional Police sergeant was suspended after he accused a Global News journalist of “agitating” protesters outside a gymnasium that remained open during the COVID-19 pandemic in defiance of public health orders. In that case, the chief of police got personally involved and issued a public statement.

The RCMP says it’s looking into the incident.

“RCMP protective policing resources were involved in an incident while deployed on a protective operation,” spokesperson Sgt. Kim Chamberland said in an email to The Epoch Times.

“The RCMP is looking into the incident and the actions of all parties involved. No further comment is available at this time.”

Call for Parliamentary Committee Probe

Leland Keane, a retired Mountie from Nova Scotia, like Mr. Lawrence, says the action against Mr. Menzies wasn’t justified.

“[The policeman] is ramped up, clearly taken by surprise, emotional, and over-reacting,” he said.

The case has caught much publicity, including by the Conservatives. They want a parliamentary committee to look into it and are pressuring the Liberal government to explain its silence on the issue.

“Yesterday, a journalist was arrested and accosted on trumped-up charges by the RCMP after asking the Deputy Prime Minister why the IRGC [Islamic Revolutionary Guard Corps of Iran] had still not been labelled a terrorist organization by the Government of Canada,” said Tory MP and shadow minister for civil liberties Marilyn Gladu in a statement on Jan. 9.

“Thus far, the Trudeau Liberals have not condemned this unjust arrest. Outrageously, this government has created a climate where journalists can face criminal charges for demanding answers on critical subjects.”

The Epoch Times contacted the offices of the prime minister and deputy prime minister for comment but didn’t hear back.

‘A Very Complex Case’

Retired Toronto policeman Donald Best told The Epoch Times that dropping charges against Mr. Menzies was “not good enough” and that the case represented “more weaponization of police against journalists.”

Carleton University criminology professor Darryl Davies said he believes a lawsuit for “false arrest” was possible because the incident seemed owing to “provocation by the RCMP.”

Mr. Davies said wrongful incarceration lawsuits are more common than any for wrongful arrest.

“Mr. Menzies would have to show that he suffered considerable loss of his reputation or was injured in some way. How much compensation would he get for mere humiliation?”

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