By Thia James

Court orders Arthur Dagenais to pay $10K to defamed Mountie

Feb 22, 2013 | 5:33 AM

A Saskatchewan court is ordering the father of convicted Mountie killer Curtis Dagenais to pay $10,000 to an RCMP officer he falsely accused of trying to kill him with a Taser.

Kenneth Palen sought damages of $300,000 in total against Arthur Dagenais for making defamatory remarks against him. He also requested a permanent injunction to prevent further publication of such remarks by Dagenais.

Justice Neil G. Gabrielson also issued a permanent injunction barring Dagenais from making any more complaints against Palen stemming from an Oct. 26, 2007 vehicle inspection in the Feb. 5 Saskatoon Queen’s Bench decision.

He also banned Dagenais from making accusations to anyone that Palen assaulted him with a Taser or tried to murder him in October 2007.

Gabrielson also order Dagenais to repay Palen for the costs of his legal action.

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“In this case, I am satisfied that the $10,000 award of general damages in combination with the permanent injunction will deter Dagenais from any further defamatory remarks about Palen. I am also of the opinion that this damage award together with the denunciation of this type of conduct will also deter others,” Gabrielson said.

Palen filed suit after Dagenais made various accusations on four separate occasions to RCMP detachments or the Commission for Public Complaints against him.

Dagenais’ statements stem from a vehicle inspection he and Curtis Dagenais’ legal counsel conducted and Palen was a witness to at a Regina RCMP depot. The inspection was recorded on video. Dagenais claimed that during the inspection, Palen assaulted him with the Taser.

“The statement of claim in this action states that Dagenais’s allegations that Palen attempted to murder him by tasering him during the vehicle inspection on October 26, 2007 are substantially untrue,” Gabrielson said. As requested by Dagenais, he said, “… I have also reviewed the video of the inspection and I am satisfied that nothing is shown which indicates that a tasering took place.”

Dagenais represented himself in the civil action.

In his decision, Gabrielson said that it is clear that Dagenais fell down, but the fall is “consistent with a trip on the crack as alleged in Palen’s statement of claim rather than any action on the part of Palen who was not even close to Dagenais at the time.”

Dagenais’ actions during the rest of the inspection – in the videotaped evidence – was further proof Palen didn’t assault him with a Taser, Gabrielson said. But, the defamation, while malicious, didn’t meet the requirements for the requested award.

“I accept that the allegations may have caused Palen embarrassment with his RCMP peers as is alleged in his affidavit and that it may also have caused him a number of sleepless nights as he wondered what Dagenais would do next to cause problems for him and his family,” Gabrielson said.

“However, I do not accept that the damage to his reputation amongst his peers would be extensive. Also, there is no evidence before me that Dagenais’s statements had any effect upon Palen’s career advancement.”

Dagenais also faces two separate trials in Prince Albert relating to two sets of charges laid in 2012. He plead not guilty to multiple firearms-related charges and a mischief charge in a Prince Albert Provincial courtroom Feb. 14.

His vehicle was searched at the Saskatchewan Penitentiary where his son is serving a life sentence in August 2012. The search turned up two boxes of ammunition, in plain view. His visiting privileges had been suspended after an altercation. A later search of his residence led to additional firearms charges.

He will appear in court on June 10 and 17.

His son Curtis Dagenais was convicted on two counts of first-degree murder in 2009 for killing

Constables Marc Bourdages and Robin Cameron in 2006. He shot the two officers in their vehicle during a pursuit.

He was captured after a manhunt that lasted for more than a week. Bourdages and Cameron died of their wounds days after the incident.

To see the full decision against Arthur Dagenais, click here.

tjames@panow.com

On Twitter: @princealbertnow