Canada : Security guards cleared of assaulting union leaders at Calgary picket line
Handcuffing and arresting two union leaders at a picket line four years ago did not amount to a criminal assault by security guards, a judge ruled Tuesday.
Provincial court Judge Terry
As a result, Semenuk found Timothy McCartney and Paul Senecal not guilty of two charges each of assault in connection with separate incidents on July 2, 2012.
“After a careful consideration of all the evidence adduced in this case, I am unable to decide whom to believe,” Semenuk said in a 29-page written ruling.
The judge said he found the testimony of both accused, along with that of the alleged victims, Dave Malka and John Wevers, to be credible.
The accused and complainants gave contradictory testimony about the incidents outside the Monterey Place assisted-living facility in northeast Calgary.
The first incident occurred around 7:30 a.m., when Malka approached a bus used to drive seniors to and from the facility.
Malka said he wanted to speak to the driver and delay the vehicle’s entrance into the business, in accordance with picket protocols negotiated between the union and management.
He said Senecal approached him, “belly-bucked” him and told him he was under arrest.
As Senecal tried to restrain him, McCartney approached and assisted in handcuffing Malka.
But Senecal gave a different version of events, saying Malka shoved him — nearly knocking him over — before Senecal arrested him for assault.
About 90 minutes later, Senecal got into a dispute with Wevers, who was attempting to block a security vehicle from leaving the premises.
Senecal said he told Wevers he was trespassing because he was on Monterey Place property. When Wevers refused to leave, Senecal arrested him, again with the assistance of McCartney.
Wevers said he refused to move because he believed he was properly picketing the business.
Defence lawyers Norm Kelly and Lorne Goddard argued both accused were making lawful arrests at the time and were entitled to use reasonable force to subdue Wevers and Malka.
But Crown prosecutor Ken McCaffrey argued both union members were conducting themselves in accordance with the agreed protocols when they were unlawfully arrested.
Police were called by the security officers after both arrests, but declined to lay charges.
Both Wevers and Malka filed lawsuits in connection with the incidents, but dropped their claims after the strike was settled.
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