RCMP loses bid to dismiss Yukon lawsuit
Woman suing after home burned down two years ago
CBC News
Posted: Oct 24, 2012 7:01 PM CT
Last Updated: Oct 24, 2012 8:07 PM CT
A Yukon Supreme Court judge has ruled the RCMP will have to defend how they did their jobs after an arson two years ago in Teslin, Yukon.
RCMP lawyers argued police officers wouldn't be able to do their jobs properly if they are under threat of lawsuits from crime victims. But Supreme Court Justice Leigh Gower said the lawsuit appears to have a clear legal argument. He's allowing the case to go to trial.
Isabelle McClements initiated the lawsuit after her home burned down.
She called the RCMP after her daughter started a fire in their home. The fire department was able to get that fire under control and RCMP Cpl. Sean Pike started an investigation. Court records show the daughter was drunk and told firefighters she would burn the house down after the police left.
But instead of removing the daughter from the home, the RCMP tried to defuse the situation by driving the mother to another home to spend the night.
Later that night the home was burned to the ground.
McClements is suing Pike, the RCMP and the Attorney General of Canada for her losses.
Despite the RCMP arguments to have the case thrown out, Supreme Court Justice Leigh Gower said McClements appears to have a clear legal argument and he's allowing the case to go to trial. No date has been set.
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