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 incident involving Winnipeg police. Elias Whitehead, aged 37, was engaged with officers near the crossroads of Sherbrook Street and Broadway in Winnipeg on October 15, 2023. Manitoba’s police watchdog, investigating Whitehead’s demise while in custody, had indicated that officers were summoned to the West Broadway vicinity shortly before 11 p.m. over reports of a man behaving erratically in traffic.
During the arrest, Whitehead began experiencing breathing difficulties, as reported by the Independent Investigation Unit of Manitoba. Winnipeg Fire Paramedic Service personnel, who happened to be in the vicinity responding to an unrelated incident, provided him with medical attention, according to police communications with the investigative unit. Whitehead was transported to Health Sciences Centre, where he was pronounced dead. The incident of his arrest was captured on camera by an eyewitness.
In a formal complaint filed at the Court of King’s Bench in Winnipeg, Jody Beardy, Whitehead’s common-law partner, alleged that Whitehead, escorted by an unidentified officer referred to in the lawsuit as Pat Doe, had his hands empty, behind his back, and was compliant. Subsequently, at the police vehicle, the officer purportedly forcefully pushed Whitehead against the car, where another unidentified officer identified as Miki Doe in the lawsuit, allegedly threw him to the ground, repeatedly striking and kneeing him.
The lawsuit asserts that one officer knelt on Whitehead, resulting in a fatal injury due to the officers’ use of force. The claim contends that Whitehead posed no immediate threat to the officers, was unarmed, compliant, non-aggressive, and in a disadvantaged position. It further alleges that the officers engaged in forcible confinement against Whitehead and employed physical force without consent, necessity, or legal justification.
Additionally, the lawsuit accuses the officers of displaying differential treatment based on Whitehead’s Indigenous status, alleging racial stereotyping. Beardy, a teacher from Tataskweyak Cree Nation, seeks damages on behalf of herself and Whitehead’s family members, including his father, mother, and siblings. Notably, the allegations have not been tested in court, and the City of Winnipeg has not yet filed a statement of defense.
Const. Pat Saydak, the Winnipeg Police Service public information officer, declined to comment on the lawsuit, citing it as a matter before the court. Whitehead’s demise was described by Beardy’s lawyer, Martin Pollock, as a significant loss, noting the emotional impact of witnessing the arrest video on his client. Pollock emphasized the shock and distress experienced by Beardy upon viewing the footage, questioning whether Whitehead would still be alive if the forceful actions had not been taken during the arrest.
