The Quebec Court of Appeal has upheld a lower court ruling that the family of a Montrealer killed by police suffered harm when the Bureau of Independent Investigations (BEI) issued a Subjective Press press release.
Posted at 6:38 p.m.
Jacob Serebrin The Canadian Press
The family of Koray Kevin Celik sued the organization responsible for monitoring the work of the province's police forces, arguing that its press release violated his honor and dignity, which led to mental problems for him.
A judge ruled in the family's favor in 2021, awarding Mr. Celik's parents and brothers $30,000 in damages.
The provincial government appealed the decision, arguing that the BEI, which investigates whenever a person other than an on-duty police officer is killed or seriously injured during a police operation, had done nothing wrong.
And even if they had, those mistakes would not have caused any harm to the family, the government argued.
However, the appeal court rejected both arguments.
“In this case, the judge could reasonably conclude that the BEI erred by issuing a press release indicating a lack of impartiality,” Judge Simon Ruel wrote in his decision issued on December 18, which was confirmed by the other two judges who considered the case.
According to Judge Ruel, issuing a press release setting out certain facts while only maintaining the police version of events created the appearance of bias.
In addition, the judge concluded that “there is a causal connection between the publication of the press release and the attack on honor, psychological distress, fear, loss of enjoyment of life and humiliation felt by the respondents.”
Judge Ruel noted some errors in the judge's decision, but argued that none of them were serious enough to warrant changing the decision.
Mr. Celik, who was 28, died after his parents called police to the family home in western Montreal in March 2017.
PHOTO ROBERT SKINNER, LA PRESSE ARCHIVE
Cesur Celik, the father of Koray Kevin Celik
The parents then wanted to prevent their son from driving while drunk.
In its press release about what happened next, the BEI claimed that Mr. Celik became aggressive after the police arrived. He allegedly refused to obey orders and continued to resist as three police officers pinned him to the ground.
Only later did the police realize that Mr. Celik was unconscious.
Instead, his parents said an argument broke out when police arrived at the house after Mr. Celik yelled at an officer to turn off his flashlight.
The parents claimed the officer then hit their son with the flashlight and then a baton before three other officers pinned him to the ground and beat him.
According to the parents' version, Mr. Celik stopped breathing when the police used an electric gun, even though their son was already on the ground.
A forensic investigation was conducted into this incident. Coroner Luc Malouin concluded that police used unnecessary force, but noted that no evidence of the use of an electric gun was found.
A pathologist attributed Mr. Celik's death to “intoxication/adverse reaction to a mixture of alcohol, medications and drug abuse related to excited delirium syndrome.”
Several medical groups, including the American Medical Association, have rejected the existence of “excited delirium.” Last year, the British Columbia Coroner's Service said it no longer recognized “excited delirium” as the cause of death.
No police officers have been charged in connection with Mr. Celik's death.