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'I'm still trying to find closure'

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Brendan Burke/NNSL photo. Gary Jaeb, pictured here in front of Yellowknife City Hall, wants the city to “right their wrongs,” by negotiating an out of court settlement following Jaeb's 2014 arrest. Jaeb was stopped for a suspected seat belt violation when a physical altercation – caught on tape – between him and another by-law officer ensued. Aug. 9, 2018.

Sirens wail; a frantic woman, leaning on a pair of crutches, makes a panicked phone call to police. “Please … he just broke his glasses,” she shrieks. Nearby, her 66-year-old husband is pulled from his truck and taken to the ground by two bylaw officers with the city's Municipal Enforcement Division (MED). Engines roar out of frame as RCMP vehicles race to the scene. A shaky cellphone video goes dark.

It was a jarring caught-on-tape moment captured by a bystander that shocked many, including the man at the centre of the altercation, Gary Jaeb.

“It was incredible. I was stunned,” recalled Jaeb, now 70.

The video soon went viral, amassing thousands of views and drawing outrage from online viewers who watched the the widely shared clip posted to Facebook.

It all began outside his Fort Gary apartment on Sept. 20, 2014 where he parked in his truck after a MED vehicle followed him in from the street.

A municipal enforcement officer approached Jaeb's vehicle as he and his wife Bertha sat inside, and, according to Jaeb, accused him of not wearing his seat belt. Jaeb said the officer asked for identification. He was about to hand it over when he decided to ask the officer for his, said Jaeb.

That's when he says the officer tried to pull him out of the vehicle and handcuff him.

Sourced from Youtube. Footage of the altercation was caught on camera by Gary Jaeb's neighbour. The jarring video has since amassed more than 4,000 views on Youtube alone.

Jaeb admitted to punching the bylaw officer during the struggle but said the officer had struck him first without provocation. Bylaw charged Jaeb with failing to wear a seat belt and obstruction of justice. RCMP charged Jaeb with assaulting a peace officer. All of the charges – except for failing to wear a seat belt, for which Jaeb pleaded guilty – were later stayed by the Crown.

Psychological trauma

Now, nearly four years after Jaeb says he was wrongfully arrested and assaulted by an MED officer, he hasn't received any compensation for the arrest he says left him with lasting physical injuries and psychological trauma.

“The stress … we both went through. My wife Bertha had gone through some really bad stress, anxiety, PTSD. This has affected our lives in a big way,” Jaeb told Yellowknifer in an interview earlier this week.

After the charges were stayed, Jaeb and his lawyer launched a lawsuit against the City of Yellowknife and the Attorney General of Canada – whom oversees the RCMP – in April 2015. He alleged the RCMP failed to properly investigate the actions of the bylaw officers. A subsequent statement from the federal government backed the “lawful” actions of officers who conducted an “independent and impartial” investigation.

Both of the bylaw officers involved in the incident are no longer employed by MED, stated city spokesperson Iman Kassam.

Jaeb soon ran into issues with his lawyer. Jaeb believed by pleading guilty to the seat belt charge, his court action against the city and the RCMP had been undermined, because it gave them “justification” for the violent arrest. Jaeb said he was advised by his lawyer to make a settlement offer but Jaeb disagreed, instead wishing to bring in an independent arbitrator to reach an out-of-court settlement.

The City of Yellowknife filed a statement of defence in response to Jaeb's lawsuit, according to Kassam.

Ultimately, Jaeb and his lawyer parted ways, and in May 2016 Jaeb withdrew his in-court claim, opting to seek an out-of-court settlement instead.

Now, as Jaeb continues his efforts to receive compensation, he says the city administration is refusing to discuss a settlement – in court or out of court – because his now withdrawn lawsuit has exceeded a two year statute of limitations.

But Jaeb, who concedes that the court action has expired, he isn't buying the city's stance that a settlement still can't be reached.

“I'm sure city council has the power to negotiate an out of court settlement. They have a duty – they should right their wrongs.”

Jaeb said he feels as if his efforts to address compensation are being “dodged” by the city.

“They've just delegated it to legal counsel and administration. I don't think that's right. They shouldn't be getting paid for their job if they don't take responsibility – that's what they're elected for,” said Jaeb.

As for a monetary figure for the compensation Jaeb seeks – a number Jaeb wants to reach through an independent arbitrator – he told Yellowknifer he's not looking for much.

“We're not looking for millions of dollars, just something reasonable both sides can accept,” he said.

Jaeb said he's pursuing compensation for physical injuries, including a hurt shoulder, and for damage to property. He maintains his eyeglasses were broken during the altercation, and that part of his truck was damaged. Jaeb is also looking to recoup financial losses he said are the result of his reputation being tarnished following the 2014 arrest.

The physiological impact was just as potent, said Jaeb.

Even the sound of sirens would cause his wife to seize up, he said. The couple moved from Fort Gary apartments to get away from the often-heard sound – a reminder of their run-in with bylaw and RCMP.

When Jaeb feels a twinge of pain in his shoulder, he's reminded, too. But Jaeb said he wants to move on with his life. To do so, Jaeb wants more than just compensation.

“I'd like to find closure,” he said.

While Jaeb ultimately wishes to reach a settlement, he is also receptive to the idea of all parties coming to a mutual understanding by way of a public statement admitting wrongdoing – and an apology, from Jaeb himself, too.

“It would be a negotiated settlement where we would agree to a statement that would bring closure to both sides and some form of compensation – if nothing else for my broken glasses and my truck door,” said Jaeb.

But according to Yellowknife RCMP, there are no plans to negotiate a settlement with Jaeb.

“RCMP received legal counsel from the Department of Justice in 2016, and the matter is considered closed, which (was) communicated to (Jaeb) in 2016. RCMP will not comment further on the closed matter,” stated spokesperson Marie-York Condon.

City officials didn't comment on whether or not it is open to negotiating with him by press time.

Jaeb said he sees his case as a symptom of a larger problem at city hall, one that's been underscored with the ongoing misconduct investigation into the alleged actions of MED boss Doug Gillard.

“Between the ongoing investigation and this, there needs to be accountability. It's a political issue. It's a question of the powers and duties of the council,” said Jaeb.

“I'm still trying to find closure.”