Kelowna anti-mandate protester being sued by RCMP officer over Youtube videos
A Kelowna RCMP officer is suing an anti-vaccine mandate protester for $35,000 after the protester uploaded footage of an altercation to social media.
In a March 29 Notice of Claim filed by Kelowna RCMP Const. Conrad Erbes, the officer accuses Marcel Irnie of "slander" and "libel" after he posted a video to Youtube of an incident that took place during a so-called freedom rally in January 2022.
"Mr. Irnie did by way of direct action wilfully and intentionally slander, libel, and actively attempt and succeed in damaging the professional and personal character and reputation of Conrad Erbes," the notice of claim reads.
The court document goes on to say that Irnie, with "nefarious intent," did attend numerous "freedom rallies" and "speak ill" of the officer.
The officer says Irnie recorded the January 2022 incident on his phone without written advance permission, "nor was it clear what the intended use was."
Const. Erbes is suing for $35,000 – the maximum allowed in the small claims court – and demands that the videos be taken down.
Irnie has posted more than 2,000 videos to Youtube, many of which feature his former career as a professional motorcycle racer.
The video in question appears to have been posted several times and has garnered roughly 5,000 views.
In the video, an RCMP officer asks for Irnie's ID but he refuses. Irnie also refuses to get out of his RV and speaks to the officer through the window.
The officer says Irnie's asks him to move his vehicle otherwise it will get towed.
Irnie then says to the officer "why are you hassling me."
In the video, the officer refuses to give his name saying he will tell him his name if Irnie gets out of his RV and has a conversation on the sidewalk.
After several minutes Irnie then says "you're going to be on YouTube if you keep this up."
The conversation continues and Irnie asks the officer for his name again.
"You can have my name when you get out of the vehicle we can look at your plate and we can deal with this like adults," the officer says.
Irnie replies with obscenities and gives the officer the middle finger.
On the night the video was made, Erbes was fined more than $300 for failing to produce a driver's licence, not having a front licence plate, and not having a flag on the rear of his RV where he had a dirt bike mounted.
Irnie told iNFOnews.ca that Const. Erbes served him the small claims case documents when he was in court scheduled for a hearing regarding these tickets.
At an earlier court appearance regarding the tickets last December, Irnie says he got a cease and desist notice.
"You do not now, nor have you ever had permission to use my name, image, likeness or any other reproduction thereof without my express written consent. Consent has never been nor will it ever be provided to you," the letter reads. "You are hereby directed to immediately and permanently remove all forms of video, photographs, documents, digital or other reproductions you have created, or possess in your control."
The cease and desist letter goes on to say Irnie's actions are "tantamount to abuse, doxing, intimidation, slander and libel."
"You have a self-created, demonstrable pattern of conduct where you video record your interactions with municipal, district, provincial and police officials," the letter says.
"As you have received monetary compensation for the unauthorized use, misuse, abuse and proliferation of my name and image without consent, I am seeking remuneration for this misuse. I am also seeking compensatory damages for irreparable harm caused by your malicious, harassing, slanderous and libellous continued acts."
Irnie says his Youtube channel isn't monetized but he did make $1.46 from the online platform Rumble in February.
In January he made a formal complaint against the officer to the Civilian Review and Complaints Commission for the RCMP.
"Erbes continues to demonstrate his malicious intent to intimidate or threaten the defendant and witness Irnie by serving this ridiculous Notice Of Claim," Irnie told iNFOnews.ca. "Police who don't follow the law, are being caught on camera and they don't like it."
RCMP Southeast District Cpl. James Grandy said since it was a private civil matter, it wouldn't be appropriate for the RCMP to comment.
None of the allegations have been proven in court.
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B.C. Mountie sues anti-COVID mandate protester over YouTube videos
Const. Conrad Erbes privately filed a lawsuit for $35,000 in small claims court last week against Marcel Duncan Irnie over a series of videos recorded on Jan. 29, 2022.
Irnie posted the videos of the interaction between himself and Erbes, who was trying to get him to move his RV from in front of city hall after it had been parked there for much of the day. This was at the peak of anti-mandate protests in the city and was after a particularly large rally in nearby Stuart Park.
The videos gained hundreds of thousands of videos and a strong reaction from Kelowna RCMP brass.
“It is clear the officer was interacting with an individual who was trying to instigate a negative interaction and elicit a response to gain views and supporters,” said Insp. Adam MacIntosh after the videos were published.
Irnie would make multiple additional videos featuring Const. Erbes after the initial series was published.
“Since that date, over several months Mr. Irnie did by way of direct action willfully and intentionally, slander, libel and actively attempt and succeed in damaging the professional and personal character and reputation of Conrad Erbes,” said the police officer in a handwritten lawsuit filed March 29 in Kelowna.
The lawsuit also includes a “cease and desist” notice from Erbes dated Dec. 14, 2022, informing Irnie that he does “not now, nor have you ever had permission to use my name, image, likeness or any other reproduction thereof without my express written consent.”
The lawsuit, however, will be going nowhere in its current form. Small claims courts in B.C. do not have the power to deal with cases involving libel and slander. A judge in small claims court would not have the ability to order Irnie to remove the videos, something Erbes is seeking.
It remains to be seen if Erbes will end up refiling his lawsuit in BC Supreme Court, which would likely result in significant legal costs for all parties involved.
RCMP respond to video
An interaction videotaped between a man in a recreational vehicle parked in front of Kelowna City Hall and an RCMP officer on Saturday, January 29 is making the rounds on social media.
Local anti-mandate YouTuber Marcel Irnie posted a series of videos of an interaction between himself and a Mountie, who was trying to get him to move his RV from in front of city hall after it had been parked there for much of the day.
"The Kelowna RCMP is aware of a video circulating on social media involving one of our officers and we have watched the content of that video," said Insp. Adam MacIntosh, operations officer of Kelowna RCMP.
Irnie takes exception to the officer knocking on the door of his RV and refuses to get out of his vehicle or provide his identification. Instead, he opens a window in his RV and begins speaking to the officer through the window.
The conversation gets slightly heated when Irnie tells the officer "you're not actually talking to me you're just being negative towards me." The officer, who also refuses to identify himself, responds with "you failed to comply with me so I'm not complying with you until you meet me out here (pointing to the sidewalk)."
At one point the officer shows a timer on his phone and tells Irnie that a tow truck is coming to remove the RV at the owner's expense.
The three videos of the interaction have now received a combined nearly 150,000 views. In the videos, Irnie said he believed he was being targeted because of his participation in the anti-mandate rally that day.
Insp. MacIntosh on Tuesday fully supported his officer's actions.
"In review of the video, I would like express my appreciation to the professionalism of the officer,” MacIntosh said. “It is clear the officer was interacting with an individual who was trying to instigate a negative interaction and elicit a response to gain views and supporters.”
RCMP say there were no other incidents of this nature related to Saturday's anti-mandate rally.
At one point in the video, while Irnie and the officer are arguing through the window, Irnie throws a middle finger in the officer's face. To which the officer responded with, "enjoy your little commentary."
Insp. MacIntosh added, "we will not be deterred by such behaviour and will continue to do the job of police work while in support of public safety and public order."
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https://www.youtube.com/watch?v=gbwL57cNHT0&ab_channel=MarcelIrnie
Kelowna Mountie sues anti-mandate protester over YouTube videos - Interview Pre-Court March 29, 2023
IRNIE's quick synopsis before the reschedule traffic court with ERBES March 29, 2022. "Your Worship I request Full Dismissal based on (5) illicit reasons / infractions by Cst. ERBES:
3) ERBES interfered with my process to appeal the original violation ticket AJ24625678 from Jan 29, 2022.
Erbes crossed out Count (1) on my violation ticket copy, but not on his copy.
I had to attend Kelowna Court house to file a late dispute with affidavit giving reason to do so.
January 29, 2022 violation tickets with 2 legible counts.
I filed Notice of dispute Feb 28, 2022 (3.011 and 4.20)
April 27th 2022, at Autoplan discovered a ticket owing.
May 2, 2022 Affidavit at Kelowna Court House for request for late dispute with Judicial Justice.
4) ERBES has never identified the defendant with Government issued ID
*ERBES wrote the violation ticket AJ24625678 indicating IRNIE as the “DRIVER.”
Note: IRNIE is the motor vehicle OWNER, and was never in the motor vehicle for the full three-hour detainment and harassment by Conrad Erbes.
IRNIE was in the “CAMPER” for the entire ordeal.
5) ERBES refused to identify. The defendant had to call the police to Identify Cst. ERBES by his car number. RCMP are required to Identify upon request for the safety of citizens and police."
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