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Everton Brown says police beat him. Thanks to a ‘watershed’ ruling, his lawsuit can’t be tossed for missing a deadline

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Everton Brown always intended to sue the Woodstock police officers he alleges beat and repeatedly shocked him during an arrest five years ago, but he took the advice of his criminal lawyer and waited until the charges against him played out in court.

The criminal case ended more than two years later with no convictions and all of the serious charges against him — obstructing and resisting police, and possession of crack cocaine and proceeds of crime — being withdrawn, provided he agree to a peace bond that involved him “keeping the peace” and staying out of Woodstock for a year.

In May 2016, sue, he did, launching a $1.75-million suit alleging he was assaulted, illegally arrested and detained and illegally searched. The 51-year-old London man did so more than two years after the alleged assault by police, placing it beyond the normal two-year limit for making such a claim.

For that reason, police argued his suit should be tossed.

But recent court decisions by the Ontario Court of Appeal — and the Supreme Court of Canada decisions not to revisit them — came down in Brown’s favour, as well as for another man facing a similar scenario, and also involving the Woodstock Police Service.

Essentially, the two-year limitations clock in cases like this now starts ticking when criminal charges are disposed of, rather than at the date of an arrest. The rulings reverse a standard that effectively prevented some victims of alleged police abuses from being able to seek compensation in civil court.

Before these rulings, potential complainants would have to proceed through the notoriously slow criminal court system in order to first see any evidence against them that might inform their decision to sue — while also defending against those charges.

In September, the Supreme Court of Canada refused to hear appeals by police in Brown’s case and that of Robert Winmill, affirming a 2017 Ontario Court of Appeal decision in Winmill’s case that “it makes sense” for people to focus on criminal charges and “deal with those before making a final decision about a civil action” against police.

The court of appeal in March found Brown’s case to be a “mirror-image” scenario to Winmill’s.

“It’s a watershed case,” says Toronto lawyer Osborne Brownwell, who is representing Brown in the civil case. “In my view, it sort of levels the playing field. The court took the view that it would be unfair for him to have to sue the police while he’s being prosecuted, and that’s why this case, from my perspective, is a significant achievement.”

Barry Swadron, who represented many clients suing police during his legal career, agrees. Civil suits against the police are extremely expensive, he says, and an accused person who endures police misconduct “may well be reluctant to commence a lawsuit against the police while he is in jeopardy of being convicted, and consequently likely to lose that lawsuit. Allowing more time to sue in these instances is a welcome development.”

The lawsuits can take years to play out, often costing plaintiffs tens of thousands of dollars in legal fees, win or lose.

Kent Roach, a University of Toronto law professor and legal scholar, says delaying the start of the clock is “probably appropriate because it’s a lot to expect an accused to fight this kind of two-fronted war — civil and criminal — at the same time, and many causes of actions will really depend upon whether the police have been able to make out their charges.”

Brian McCall, the lawyer representing Woodstock police, would not comment on the specifics of the case because it is before the courts, but said in an email to the Star that overturning the standard that the limitation period begins to run at the date of arrest exposes officers to “civil claims which may otherwise not have proceeded.”

None of Brown’s allegations have been proven in court. In a statement of defence, Woodstock police deny Brown’s allegations of assault and illegal arrest and detention. They say police had information Brown was a suspected drug dealer, that the force used to arrest him was necessary, and that police used the Taser to control him while he resisted arrest.

On recent November afternoon, Brown sat in a boardroom at Brownwell’s North York law offices to talk about his precedent-setting case, and the impact it has had on his life.

Brown came to Canada from Jamaica in the late 80s and early 90s as a seasonal migrant farm worker picking tobacco and apples. He found love and Canada become home.

On Feb. 15, 2013, he drove from London to a multi-unit house in Woodstock, where he said a friend’s husband had offered to help him install a car stereo.

According to his statement of claim, Brown was in his car outside the address, when he suffered “shooting pain” followed by an anxiety attack stemming from a car accident two years earlier.

He told the Star he stayed inside the car in order to deal with the attack, using breathing techniques he learned from a psychologist.

That’s when, according to his suit, he was “accosted by a number of individuals, whom he believed were thugs trying to rob him” — men he later discovered were four plainclothes police officers. One officer, he alleges, drew his gun and pointed it at him.

Brown alleges in the statement of claim that he was struck repeatedly by fists and “forcibly dragged” out of the car, causing injuries to his head, face and throat, “thrown on the snowy ground,” and, while face down, “tasered at least four times.”

“If it wasn’t for God himself, I wouldn’t be living today,” Brown told the Star. “It felt like my heart was going to cut off. I couldn’t breathe.”

Brown alleges in his suit that, in addition to the other injuries, his jaw was locked and he asked to be taken to hospital but that didn’t immediately happen. Instead, he was handcuffed, booked at the station and held overnight before being taken to hospital the next day. He also alleges police deliberately broke a walking stick he needed to get around.

Police, in their statement of defence, do not make any references to a request to go to the hospital, and say “no more force than was reasonably necessary” to make the arrest. They allege Brown refused to get out of the car and “put something in his mouth.” After officers pulled him from the vehicle, police allege Brown “spit the object in his mouth into the snowbank,” which was later determined to be crack cocaine wrapped in plastic.

Police also allege the address Brown was visiting was a “location where drug dealing occurred” and that Brown was “associated with known drug dealers” and that “his negligence” caused any damages he sustained.

Brown says in his suit that he “was not at all involved” in drug dealing. He told the Star “there was no spit out. There was no drugs.”

Brown’s suit states that he learned at his trial that police had been watching the address and had a “suspicion” that Brown was selling drugs to a “certain person.” He also points out in his suit that the house is divided into four apartments. He was there to visit tenants who lived upstairs, and the “person being targeted by the police apparently lived” downstairs, he states in his suit.

Police had been wiretapping their target, Brown states in his suit, and there was “no evidence whatsoever that he had been involved in criminal activity.”

After five days of evidence at his trial, including Charter applications, the Crown, according to court records, approached Brown’s lawyer with an “offer” to end the criminal case against him with the peace bond and withdrawal of charges.

In his suit, Brown alleges the peace bond was “thrust upon him.”

Brown told the Star he would like to see the officers involved disciplined.

He said he now has problems remembering things and needs help to keep his house and yard in order. When he sees police driving behind him, “I feel intimidated. It brings me back there. To that day, when they pulled me out of the car.”

It looks as if you appreciate our journalism. Our reporting changes lives, connects communities and effects change. But good journalism is expensive to produce, and advertiser revenue throughout the media industry is falling and unable to carry the cost. That means we need you, our readers. We need your help. If you appreciate deep local reporting, powerful investigations and reliable, responsible information, we hope you will support us through a subscription. Please click here to subscribe.

Jim Rankin is a reporter based in Toronto. Follow him on Twitter: @Jleerankin



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These US entities partnered with the Wuhan Institute of Virology — time for a criminal investigation?

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(Natural News) The Wuhan Institute of Virology from which the Wuhan coronavirus (COVID-19) is believed to have “escaped” has a number of questionable partnerships that are worth looking into in light of the pandemic.

Most of them are universities, including the University of Alabama, the University of North Texas, and Harvard University. There is also the EcoHealth Alliance, the National Institutes of Health (NIH), and the National Wildlife Federation.

While the relationships between these entities and the Wuhan Institute of Virology may be completely innocent, there is no way to really say for sure without a proper investigation. And this is exactly what Secretary of State Mike Pompeo is calling for, as is the nation of Australia.

Pompeo and the folks down under, along with millions of Americans, would really like to know the true origins of the Wuhan coronavirus (COVID-19). An increasing number of people simply are not buying the narrative that the novel virus originated in bat soup at a Chinese wet market, and this even includes mainstream media outlets like Fox News.

The only way to really determine what was going on at the Wuhan Institute of Virology, and who else might have been involved. is to open the place up for an international investigation. But communist China is against this, of course, accusing Australia of “petty tricks” and collusion with the United States.

“Overnight, I saw comments from the Chinese Foreign Ministry talking about a course of activity with respect to Australia who had the temerity to ask for investigation,” Pompeo is quoted as saying in response to China’s aggression against a proposed investigation.

“Who in the world wouldn’t want an investigation of how this happened to the world?” he added.

As the U.S. aims to get back on track economically speaking, Pompeo believes that now is the time to hold communist China, the Wuhan Institute of Virology, and whoever else may have been involved accountable for unleashing this pandemic on the world.

“Not only American wealth, but the global economy’s devastation as a result of this virus,” Pompeo further stated. “There will be a time for this. We will get that timing right.”

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New U.S. analysis finds that lab in Wuhan, China was “most likely” origin of coronavirus release

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(Natural News) While American Leftists and most of the Democrat Party continue to serve as apologists for the Chinese Communist regime over its role in creating and then perpetuating the coronavirus pandemic, a new U.S. government analysis concludes that COVID-19 “most likely” escaped from a lab near Wuhan city.

The Washington Times reports that the analysis cataloged evidence linking the outbreak to the Wuhan lab and has found that other explanations for the origins of the virus are not as credible.

The paper reported:

The document, compiled from open sources and not a finished product, says there is no smoking gun to blame the virus on either the Wuhan Institute of Virology or the Wuhan branch of the Chinese Center for Disease Control and Prevention, both located in the city where the first outbreaks were reported.

However, “there is circumstantial evidence to suggest such may be the case,” the paper says.

“All other possible places of the virus’ origin have been proven to be highly unlikely,” said the report, a copy of which was obtained by the Times.

ChiCom officials have claimed that the virus’ origin is unknown. However, Beijing initially stated that coronavirus came from animals at a “wet market” in Wuhan where exotic meats are butchered and sold in disgusting conditions.

Chinese officials claim that COVID-19 went from bats to animals sold in the market last year, then infected humans.

U.S. intelligence officials have increasingly dismissed that explanation, however, as attention has begun to focus on evidence suggesting that Chinese medical researchers were working with coronavirus in the country’s only Level 4 facility, which is in Wuhan.

U.S. Army Gen. Mark A. Milley, chairman of the Joint Chiefs of Staff, has said that intelligence agencies are investigating whether the virus escaped from a lab or was the result of a naturally occurring outbreak, but that analysts have ruled out reports that COVID-19 was manmade.

‘The most logical place to investigate the virus origin has been completely sealed off’

“At this point, it’s inconclusive, although the weight of evidence seems to indicate natural,” the general said on April 14, “but we don’t know for certain.”

The analysis said that the wet market explanation does not ring true because the first human diagnosis of coronavirus was made in someone who had no connection to the wet market in question. And according to Chinese reports, no bats were sold at that particular market.

At the same time, several questionable actions and a growing paper trail provide clues that the virus actually escaped from a lab, even as China begins to clamp down on those information streams.

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The biggest media lies about the coronavirus: Origins, treatments and vaccines

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(Natural News) If there is one thing that most everyone can agree on concerning the Wuhan coronavirus (COVID-19) pandemic, it is the fact that there is no shortage of conflicting information out there about the nature of it. And the mainstream media is certainly doing its part to steer the narrative as part of a larger agenda, using plenty of misinformation along the way.

The following are among the most commonly parroted lies about the Wuhan coronavirus (COVID-19) that aim to distort the facts and deceive you into believing falsehoods about this pandemic:

Media LIE: The virus is not man-made

From the very beginning of this thing, the official narrative was that the Wuhan coronavirus (COVID-19) came from a Chinese wet market where bats and other “exotic” animals are sold as meat. But the world later learned that it actually more than likely “escaped” from the Wuhan Institute of Virology.

The mainstream media and social media platforms went nuts trying to censor this information and even called it  “fake news.” But eventually it became undeniable that bat soup was not responsible for spreading the Wuhan coronavirus (COVID-19) around Wuhan and eventually to the rest of the world – hence why we continue to call it the Wuhan coronavirus rather than just COVID-19.

We have even seen attempts by the media machine at making the Wuhan coronavirus (COVID-19) a racial issue because there are supposedly more “people of color” coming down with it than people with fair skin, which further detracts attention away from the source of this virus.

Media LIE: Hydroxychloroquine is extremely dangerous and doesn’t work

The minute that President Donald Trump announced that hydroxychloroquine may be an effective, and very inexpensive, remedy for the Wuhan coronavirus (COVID-19), the mainstream media immediately began decrying this claim as fake news, even though Anthony Fauci himself praised hydroxychloroquine back in 2013 under Barack Obama as being some type of “miracle cure” for SARS (severe acute respiratory syndrome).

There have even been studies conducted that were designed to intentionally smear the drug as both ineffective and dangerous, though one in particular purposely left out zinc, which appears to be a critical co-factor in supporting the effectiveness of hydroxychloroquine – in other words, politics as usual.

Media LIE: Only a vaccine can save us from coronavirus

Many politicians and public health officials are parroting the lie that the only way America can come out of lockdown and go back to “normal” is to get vaccinated with some future vaccine for the Wuhan coronavirus (COVID-19) that does not even yet exist. A vaccine, we are repeatedly told, is the only thing, or perhaps some new “blockbuster” antiviral drug, that can cure the world of this scourge and make everything happy and wonderful once again.

Meanwhile, not a peep is being made about things like intravenous (IV) high-dose vitamin C, which is being successfully used in other countries to stem the tide of infections without the need for new drugs and vaccines.

By omission, nutrition is pointless

Speaking of natural approaches to overcoming the Wuhan coronavirus (COVID-19) that are being systematically ignored by the mainstream media and most in politics, have you heard anyone mention the importance of nutrition in all of this? We did not think so, and this is intentional.

Regular readers of this site over the years should know by now that the single-most important thing you need to do to stay healthy besides exercising regularly is to feed your body the nutrition it needs to naturally ward off illnesses, including those associated with the Wuhan coronavirus (COVID-19).

Research compiled by the Lewin Group reveals that nutritional remedies such as calcium, vitamin D, folate, omega-3 fatty acids, lutein, zeaxanthin, and more all play a critical role in fortifying the immune system, which, if properly nourished, should have little problem fending off disease.

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