Sudbury

Sudbury man ordered to pay costs after trying to reinstate assault charge against police officer

A judge has dismissed a motion from a Sudbury man who wanted an assault charge reinstated against a city police officer — and he has ordered him to pay costs.

'It honestly just disgusts me that it's even come down to this,' Tanner Currie says

Tanner Currie has been ordered to pay $4,600 in costs after he tried to re-instate an assault charge against Sudbury Police Constable Christopher Labreche. (Olivia Stefanovich/CBC)

A judge has dismissed a motion from a Sudbury man who wanted an assault charge reinstated against a city police officer — and he has ordered him to pay costs. 

Superior Court Justice Dan Cornell told Tanner Currie, 22, to pay Sudbury Police Constable Christopher Labreche $2,000 and the Crown $2,600.

"It honestly just disgusts me that it's even come down to this," said Currie.

Currie alleges he was assaulted by Labreche in June, 2014 at Sudbury police headquarters.

Currie was brought in after he was arrested for public intoxication and resisting arrest.

The charges were later dropped.

Video surveillance footage from the police station shows Labreche throwing Currie head-first into a police station window, breaking the glass.

Currie used the tapes to bring an assault charge against Labreche, but the Crown intervened in the case and withdrew the charge last fall.
Sudbury Police Constable Christopher Labreche appears in a Greater Sudbury Police Service promotional video. (GSPS/YouTube)

The Crown said it could not prove beyond a reasonable doubt that the force used by Labreche was not justified. 

Currie's lawyer, Trent Falldien, tried to reinstate the assault charge against Labreche on Friday by trying to declare Section 11(d) of the Crown Attorney's Act and Section 507.1 of the Criminal Code unconstitutional.

Motion lacked evidence 

Cornell said there was not enough evidence to pursue a constitutional challenge, and the motion should not have been brought forward.

"I am pleased on behalf of Constable Labreche that this motion, which was completely lacking in any merit whatsoever, was dismissed with costs," said Labreche's lawyer, Scott Fenton.

Crown attorney Philip Perlmutter declined to comment.

Falldien argued that the Crown should not have withdrawn the charge against Labreche without consulting his client first.
Sudbury lawyer Trent Falldien said he will seek an appeal on behalf of Tanner Currie. (Yvon Theriault/Radio-Canada)

Falldien also alleged the Crown misled the court by saying Currie could be seen touching Labreche's duty belt before he was thrown into a window. 

The Crown has sworn testimony from Currie saying he may have touched Labreche's belt. 

But Currie said he did not do that intentionally.

"What I had said was my hand may have touched the belt when he [Labreche] came towards me to shove me towards the window," said Currie.

"So his belt moving towards me was the only contact that might have even happened, and they [Crown] just took one part of what I said and it completely changed the context."

Cornell repeatedly told Falldien during the hearing that he could not conduct an informal trial of Currie's alleged assault. 

Falldien said he is planning to appeal. 

"We will keep turning stones until eventually we get some results for what happened," he said. 

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