A woman from Tataskweyak Cree Nation has initiated legal action against the City of Winnipeg and two police officers following the death of her common-law partner subsequent to an interaction with Winnipeg police. Elias Whitehead, aged 37, was engaged with officers near Sherbrook Street and Broadway in Winnipeg on October 15, 2023.
The Independent Investigation Unit of Manitoba, currently looking into Whitehead’s demise while in custody, indicated that officers were responding to reports of a man behaving erratically in traffic in the West Broadway area just before 11 p.m. Whitehead began experiencing breathing difficulties during his apprehension and was attended to by members of the Winnipeg Fire Paramedic Service who happened to be nearby responding to an unrelated incident.
After receiving medical attention, he was transported to Health Sciences Centre where he was declared deceased. Video footage captured by an eyewitness depicted the events leading to his arrest. In a recent statement of claim lodged at Court of King’s Bench in Winnipeg, Jody Beardy, Whitehead’s common-law partner, alleged that during the police escort, identified officers as Pat Doe and Miki Doe engaged in forceful actions against Whitehead, leading to his fatal injury.
The lawsuit asserts that Whitehead posed no immediate threat to the officers and was compliant, unarmed, and in a disadvantaged position during the encounter. It further accuses the officers of using physical force without justification, consent, or necessity, and of treating Whitehead differently based on his Indigenous background.
Beardy, a teacher from Tataskweyak Cree Nation, is seeking damages on behalf of herself and Whitehead’s family, including his father, mother, and siblings. The City of Winnipeg has yet to respond with a statement of defense. Winnipeg Police Service refrained from commenting on the ongoing lawsuit. Martin Pollock, Beardy’s attorney, expressed the profound loss experienced by his client due to Whitehead’s death and emphasized the distress caused by witnessing the video footage of the arrest.
The lawsuit questions the actions of the officers and seeks accountability for the use of force that led to Whitehead’s tragic demise. The allegations remain subject to legal scrutiny, awaiting further proceedings in court.