Edmonton police ask court to order homeless man to pay $8,400 before proceeding with lawsuit

Edmonton Police Service applied for a court order requiring Dwayne Cardinal, a homeless man suing over an encampment cleanup arrest, to post $8,400 as security for the police service's estimated legal costs if he loses.

Cardinal, who has been homeless for 10 years and receives less than $600 monthly from income support, alleges excessive force during an arrest on July 15, 2024. The allegations have not been tested in court. He names former police chief Dale McFee and constables Mathew Bruno and Levi Clarke, alleging battery, false arrest, false imprisonment, negligence, and violations of his Charter rights.

Cardinal says officers used a Taser on him, leaving eight probe and stun wounds. He alleges they kicked him in the back between his shoulder blades, dragged him across the ground to a police vehicle, and unlawfully detained him after ordering him to stop packing his tent and stand aside without explaining why. He says he was arrested despite complying with officers and packing his belongings to leave. Cardinal also alleges officers violated his Charter rights by failing to promptly tell him why he was arrested and detained before using physical force.

Police argue they were lawfully clearing an illegal encampment on private property. They say Cardinal was aggressive and uncooperative, swore at officers, refused to identify himself, and pushed his tent toward an officer, which prompted the arrest. They say he physically fought arrest. Medical services attended the scene.

Cardinal's lawyer, Chris Wiebe, called the security request "diabolical." "My client receives less than $600 a month from income support. The EPS has an annual budget of over a half-billion dollars. If the EPS are successful, it would set a horrible precedent," Wiebe said in a statement.

Police declined further comment, citing the ongoing court proceedings. The EPS is also seeking to strike Cardinal's Charter claims from the lawsuit. Const. Bruno's notes state he read Cardinal his Charter rights after arrest — a point Cardinal disputes.