A woman from Tataskweyak Cree Nation has taken legal action against the City of Winnipeg and two police officers following the death of her common-law partner after an incident with Winnipeg police. Elias Whitehead, 37, encountered officers near Sherbrook Street and Broadway in Winnipeg on October 15, 2023.
The Independent Investigation Unit of Manitoba, currently looking into Whitehead’s death in custody, stated that officers were called to the West Broadway area around 11 p.m. following reports of a man behaving erratically in traffic. During the arrest, Whitehead experienced breathing difficulties and was attended to by Winnipeg Fire Paramedic Service personnel who were nearby for an unrelated incident. He was subsequently transported to Health Sciences Centre, where he was pronounced dead.
A bystander captured Whitehead’s arrest on camera, revealing him being escorted by an officer identified as Pat Doe, with his hands behind his back. Allegations in the statement of claim filed by Jody Beardy, Whitehead’s partner, suggest that Whitehead was pushed against a vehicle by one officer, then thrown to the ground and subjected to physical violence by another officer identified as Miki Doe in the lawsuit.
The lawsuit contends that Whitehead posed no immediate threat to the officers and was compliant and unarmed, accusing the officers of using excessive force without consent or justification. It further alleges that the officers were aware of Whitehead’s Indigenous heritage and accuses them of racial bias. Beardy, a teacher from Tataskweyak Cree Nation, is seeking damages on behalf of herself and Whitehead’s family members.
The City of Winnipeg has not yet responded with a statement of defence, and the Winnipeg Police Service declined to comment on the lawsuit. Martin Pollock, Beardy’s lawyer, expressed the profound impact of Whitehead’s death on his client and highlighted the distress caused by witnessing the arrest video. Pollock emphasized the need to question whether Whitehead would still be alive if he had not been subjected to the forceful arrest.