Man walked naked out of shower, found Mountie in his bedroom, lawsuit says
Civil claim alleges police officer said she was in home to serve traffic violation
Kirk Forbes said the encounter in his Coquitlam home in June 2022 left him "shocked, confused and embarrassed.''
"I felt violated in my own home,'' he said in an interview Wednesday. "That's my safe place. It should always be that way.''
Mounties said in a news release issued Tuesday that the officers entered the home when they found that it appeared "insecure.''
In a notice of civil claim filed in July, Forbes said it was only after he asked the woman why she was in his home that she identified herself as an RCMP officer, then asked him his name and said she was there to serve him a traffic ticket.
Forbes was told the violation — not stopping for a school bus — happened in Pemberton, but he said in the claim he was unaware of any traffic violation.
"I was confused and, at that point, pretty much in a state of shock,'' he said. "This is all [because of] a six-month-old alleged traffic violation that I find myself in the situation, and I do find it just unreasonable, unprofessional and unwarranted.''
Exits shower to find home being searched: lawsuit
The lawsuit said that after he got dressed, he went to his living room, where he found a male officer searching his home.
He was told the officers had knocked on his door and "it had flung open'' so they went in, the claim said. The female officer then "joked mockingly that perhaps they should investigate whether a break-in had occurred.''
Forbes said he was unsatisfied with that explanation and with the officer's levity, which made him feel unsafe. He became "increasingly upset, angry and shocked,'' the claim said.
It said the Mounties served him the violation ticket and left the home.
In the lawsuit, Forbes alleged the RCMP officers "abused their authority and power'' by walking into his home without his permission or a warrant to serve the ticket.
He said the incident has left lasting impacts.
"It doesn't add up for me,'' Forbes said.
"I can't even talk about it without just blood pressure spiking,'' he said, noting that if he sees a police car on the street, he becomes anxious.
Case law allows entry, Mounties say
The Coquitlam Mounties say in the news release they are aware of the claim and that officers entered "what appeared to be an insecure premise'' to serve a traffic violation ticket.
RCMP spokeswoman Cpl. Alexa Hodgins said in an interview that because there is litigation pending, there are limitations on what she can disclose. But she said there are circumstances in which an officer can enter someone's property.
"There's case law that if there's an insecure premise that police have a duty to make sure that nobody's injured inside, and the only way you can do that is to enter,'' she said.
Hodgins said examples include "a window being smashed, or a door opening or maybe the doors already open — those types of things.''
The RCMP news release says the resident raised concerns about the officers' presence in his home, but police believed they had "dealt with those concerns informally'' before the man initiated a formal public complaint.
Forbes said he contacted the Coquitlam detachment and made an informal complaint about the situation the morning it happened. He said he was told they would investigate and report back to him.
Known to detachment as the 'shower guy': lawsuit
After three weeks without an update, he said he went to the detachment, where a receptionist allegedly referred to him as "the shower guy.''
It was apparent that the incident had been discussed among other members and employees of the Coquitlam RCMP detachment, the lawsuit said, which caused Forbes "further anxiety, embarrassment and upset.''
"It was pretty disturbing to find out that for some reason this incident has become the talk of the police station, and that was not a pleasant feeling for sure,'' Forbes said in the interview.
This is what led him to make a formal complaint to the Civilian Complaints Commission for the RCMP on May 12, 2023, he said.
"It's a slow erosion of personal freedoms,'' he said of the incident. "It's really bothered me to the point where I just decided I had to file a suit.''
The RCMP statement says the incident is now under investigation, which will include a review of documentation, radio transmissions, and the informal process.
Forbes said he hopes those records will be made public.
"I do really want people to understand that this is happening,'' he said. "Hopefully, we see change, and we see improvement. That's ultimately all we need to see.''
"The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter—the rain may enter—but the King of England cannot enter!"
William Pitt, Earl of Chatham 1708–78
British Whig statesman; Prime Minister, 1766–8
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Reply to David Amos
Provision
8. Everyone has the right to be secure against unreasonable search or seizure.
Similar provisions
While privacy is a central or core concern under section 8 of the Charter, section 7 also provides residual protection for privacy interests (R. v. Mills, [1999] 3 S.C.R. 668, and especially at paragraphs 77-89, 94, 99 and 108, where the court embedded privacy analysis based on section 8 considerations within analysis of a section 7 principle of fundamental justice). The Canadian Bill of Rights contains no specific rights to privacy or to be secure against unreasonable search and seizure; but section 1(a) protects a limited right not to be deprived of the enjoyment of property without due process.
A number of international instruments, which are binding on Canada, include provisions protecting aspects of the right to privacy: article 17 of the International Covenant on Civil and Political Rights; article 16 of the Convention on the Rights of the Child; article 22 of the Convention on the Rights of Persons with Disabilities; and article V, IX and X of the American Declaration of the Rights and Duties of Man.
Reply to David Amos
Purpose
Section 8 protects people, not places, against unjustified intrusions on their privacy interests (Hunter v. Southam Inc., [1984] 2 S.C.R. 145 at 159; R. v. Gomboc, [2010] 3 S.C.R. 211 at paragraphs 17, 75). As demonstrated by Hunter v. Southam, the protection of people includes corporations as legal persons. The purpose of section 8 is to prevent unjustified searches before they happen, not simply to determine after the fact whether they ought to have occurred in the first place (Hunter v. Southam at page 160).
The values underlying the privacy interest protected by section 8 are dignity, integrity and autonomy (R. v. Plant, [1993] 3 S.C.R. 281 at page 292). The protection section 8 provides for privacy ― personal, territorial and informational — is essential not only to human dignity, but also to the functioning of our democratic society. As such, section 8 protects a sphere of individual autonomy within which people have the right “to be let alone” and on which the state cannot intrude without permission (R. v. Ahmad, 2020 SCC 11 at paragraph 38).
"The RCMP statement says the incident is now under investigation, which will include a review of documentation, radio transmissions, and the informal process."
Yea Right
bill smith
Reply to David Amos
Under investigation... will there be pop and pizza? We are the brunt of their joke.
Paul Olet
Reply to David Amos
We've investigated ourselves! Yup, nothing wrong here!
Joe Callens
Reply to David Amos
The official translation:
While getting the story straight do not forget to mention the obvious
signs of a struggle unless you want to pay dearly!!
David Amos
Reply to David Amos
"The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter—the rain may enter—but the King of England cannot enter!"
William Pitt, Earl of Chatham 1708–78
British Whig statesman; Prime Minister, 1766–8
Decades of failing to push back, have got us here.
As far as I know, tresspassing is unlawful, not being selective as to who the tresspasser might be.
It seems to me that the "shower guy" lacked an easy process, whereby he could lay tresspassing charges & curb this nonsense once & for all.
Abe Miller
Reply to Peter Christie
Google: "And how we burned in the camps"
Joe Callens
Reply to Peter Christie
You need to examine what punishment trespassing charges usually bring.
Remember, a cop on a first offense is not going to get the maximum penalty.
David Amos
Reply to Abe Miller
Google: David Amos RCMP Sussex YouTube
bill smith
If the rcmp want to illegally enter a property, they should just get a bi-law officer to go in ahead of them. Bi-law police have far more powers to infringe on privacy and property rights, because local
jurisdictions do not have to adhere to the charter of rights. Check it out.
Peter Christie
Reply to bill smith
I haven't checked, but it you're right (and you likely are), we're in a world of hurt.
bill smith
Reply to Peter Christie
I have found bi law officers perusing my back yard, taking pictures. without a word of notification. I found to my astonishment that a local bi-law allows them to violate my rights at will.
Murray Prescott
Reply to bill smith
Neither do usurpers and serial abusers of the English language for policy.
bill smith
Reply to Murray Prescott
you ok?
David Amos
Reply to bill smith
I disagree
Murray Prescott
Reply to bill smith
I'm not the person you should be asking. Savvy?
bill smith
Reply to David Amos
disagree with what?
David Amos
Reply to bill smith
"local jurisdictions do not have to adhere to the charter of rights."
bill smith
Reply to David Amos
Thats what I thought too. go find your local bi-laws and then find bi-law officer right to enter property.
David Amos
Reply to bill smith
They tried to do so last month and I kicked them off my property
bill smith
Reply to David Amos
so they were in your property. Did you file a trespass complaint?
David Amos
Reply to bill smith
I sued the Crown in 2015
bill smith
Reply to David Amos
last month or 2015?
David Amos
Reply to bill smith
Federal Court File No. T-1557-15
bill smith
Reply to David Amos
CanLii does not bring that file up.
David Amos
Reply to bill smith
I also ran for public office 7 times
David Amos
Reply to bill smith
Google it
bill smith
Reply to David Amos
that must be humbling, to miss out on park custodian 7 times.
David Amos
Content Deactivated
Reply to bill smith
Your words not mine Correct?
"Under investigation... will there be pop and pizza? We are the brunt of their joke. "
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Grace Nelson
Reply to bill smith
Your initials say it all.
bill smith
Reply to Grace Nelson
best seller?
bill smith
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Cathy Watson
Reply to bill smith
Awww, couldn't access your $23 for a couple of days?
David Amos
Reply to Grace Nelson
Perhaps you should check my work
bill smith
Reply to Cathy Watson
You think freezing bank accounts is about money? Ah the simple life.
Cathy Watson
Reply to bill smith
Make better choices.
David Amos
Reply to Cathy Watson
Say hey to krusty freezland for me will ya?
bill smith
Reply to Cathy Watson
yes certainly stay in the approved choice lane.
Finn O'Connor
Reply to bill smith
Could you find a way to shoehorn in something about Trudeau as well?
bill smith
Reply to Finn O'Connor
he is doing himself fine at present. why interrupt?
Cathy Watson
Reply to David Amos
Did you forget which account you were using?
David Amos
Reply to bill smith
I see you are evaporating
bill smith
Reply to David Amos
I will just assume you are posting from somewhere in europe where the
bars are open.
David Amos
Reply to bill smith
I saved some of your words
bill smith
Reply to David Amos
would you like a lock of hair to complete the set. kereeepy.
David Amos
Reply to bill smith
Already blogged
David Amos
Reply to Cathy Watson
Why would I pretend to be somebody else?
Headline should read:
RCMP Defends Criminal Trespass by Members
David Amos
Reply to Jeff Laidlaw
Ditto
Derek Anderson
They were there with just cause and the entry was legal.
John Edwards
Reply to Derek Anderson
Sure pal - I’m sure you would feel that way if it was you …
Sam Carson
Reply to Derek Anderson
How do you think that? A traffic ticket is just cause? The door was not locked so that gave her the right to enter? There were no sighns that the person inside was in distress.
Derek Anderson
Reply to Sam Carson
How do you think that?"
"There's case law that if there's an insecure premise that police have a duty to make sure that nobody's injured inside, and the only way you can do that is to enter,'' she said.
Sam Carson
Reply to Derek Anderson
There has to be cause to believe somebody is in danger or injured.
This was not the case. I you were in the bathroom and left the front door unlocked and the police or RCMP walked in woulld you be fine with that? Not me.
David Amos
Reply to Sam Carson
Nor I
Sam Carson
Reply to David Amos
I don't get people. I am sure if a male officer walked in on a female they would be outraged.
Derek Anderson
Reply to Sam Carson
They co uld be unconscious.
David Amos
Reply to Sam Carson
Look how much money we paid many lady members who sued the RCMP for sexual harassment
Sam Carson
Reply to Derek Anderson
They had no reason to believe that.
Derek Anderson
Reply to Sam Carson
They knocked on the door and it opened.
Sam Carson
Reply to Derek Anderson
Yes, nobody said come in.
bill smith
I knocked with my boot but the door just swung open.
Murray Prescott
Content Deactivated
Reply to bill smith
Police = policy = politics
David Amos
Content Deactivated
Reply to Murray Prescott
You forgot that it all equals money
Murray Prescott
Content Deactivated
Reply to David Amos
And money is everything or symbolic of nothing?
David Amos
Reply to Murray Prescott
Everything political is always about the money
Jan Böller
Any estimates how much can he get in a civil court if ruling is in his
favour..? : )
Louis Léger
Reply to Jan Böller
The "bare" minimum i'd say
David Amos
Reply to Louis Léger
Well put
Reg Cliff
Canadians don't have to lock their doors... unless they want to keep
the police out!
Jan Böller
Reply to Reg Cliff
Now here's an insightful comment... : )
David Amos
Reply to Jan Böller
Many a true word is said in jest
scott barclay
AS usual, the rcmp don't respect our laws.
David Amos
Reply to scott barclay
Amen
Gerry Wand
That would be mind altering
Murray Prescott
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It was.
David Amos
Reply to Gerry Wand
I do the same to the RCMP
Mahad Murthy
I just celebrated my 50th anniversary living in Canada. I never locked
my front door until recently. RCMP entering "what appeared to be an
insecure premise''is INSANE.
David Amos
Reply to Mahad Murthy
I have 50 years of stories about the RCMP and I
bill smith
Good thing it wasn't his birthday or stag day. That could have gone very differently.
Bill Hanson
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Reply to bill smith
bill smith
Reply to Bill Hanson
what the ones under the poenas?
David Amos
Content Deactivated
Reply to bill smith
Birthday or stag day...will there be pop and pizza? At least the Feds are the brunt of your jokes.
bill smith
A man walks out of the shower. A police woman is waiting for him. He says what are you doing? She says Im charging you with failing to stop. He says I havent even started.
David Amos
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At least the Feds are the brunt of your jokes.
Raymond Lee
Well, did the female RCMP officer have a search warrant? Wink.
Bill Hanson
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just his subpoenas clutched firmly in her hand
David Amos
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Methinks you are being a little redundant N'esy Pas?
henry hunter
Sorry but that officer should be charged with trespassing.
henry hunter
Reply to henry hunter
.....and we all know if the police officer was a man and house occupant in the shower was a woman, that police officer would have been fired almost immediately.
David Amos
Content Deactivated
Methinks things changed in 2015 N'esy Pas?
Reply to henry hunter
Reply to henry hunter
I would like to believe you however......
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