Two union workers are suing the owners of Monterey Place seniors care facility, its security contractor and three guards for “assault, battery, false imprisonment and invasion of privacy” after incidents where they were grabbed, handcuffed, detained against their wills and searched.
Dave Malka and John Wevers, both employees of the Alberta Union of Provincial Employees, were legally picketing in front of the northeast Calgary facility, which on June 26 locked out its employees. AUPE represents 90 employees at Monterey Place.
The plaintiffs’ statement of claim, filed on July 6 in Calgary, says that at 7:30 a.m. on July 2 Malka was in the agreed-to picketing zone when security guard Paul Senecal “forcefully bumped” him with his belly and said Malka was under arrest. When Malka asked Senecal if he was aware of the picketing protocol the two sides had agreed to, Senecal replied that he didn’t care about it and it didn’t apply to him. When Malka retreated onto public property, Senecal and an unnamed guard put Malka in a headlock, handcuffed him and then dragged him behind a wall on Monterey property. Malka was imprisoned behind the wall for 25 minutes while the two guards searched him and rifled through his wallet.
The statement of claim says later that morning, Wevers was on public property outside the picketing zone when Senecal ordered him to get off private property. When Wevers pointed to a red stripe on the ground marking the property line, Senecal grabbed him and pulled him over the stripe, declaring, “you are now under arrest.” Senecal and the same unnamed guard handcuffed Wevers and moved him behind a wall where they couldn’t be recorded. He was detained for 15 minutes and searched, including his wallet.
The claim says that on July 5, another unnamed guard forcefully “broke through” a line of picketers holding hands, assaulting Malka in the process. The statement says the guard “could have walked around the stationary line of picketers to enter Monterey Place if he did not agree to respect the picket line.”
The statement of claim names as defendants Monterey’s owners, Calgary-based Triple A Living Communities, Beretta Protective Services Inc., Senecal, John Doe 1 and John Doe 2.
The plaintiffs are seeking damages, costs and any other remedies the court deems appropriate.
Statements of claim include allegations that have not been proven in court.
For more information:
Andrew Hanon, AUPE communications: (780) 930-5218