Jay Rolston, a candidate in the 2011 municipal election, is pursuing a small claims court suit against two members of the Whistler RCMP and the office of the solicitor general, seeking $17,000.
The claim was filed in June 2012, and relates to an incident that occurred in the early morning hours of Monday, Feb. 6, 2012.
None of the claims have been proven in court.
According to Rolston's Statement of Claim, he performed in the Fire and Ice show on Sunday night, and afterward went to an establishment for dinner. Between 9 p.m. and 12:00 a.m., he says he had three drinks before heading to a local nightclub to meet a friend who was leaving town the next day. At the nightclub, the doorman told him snowboards weren't allowed into the premises, something Rolston claims he never had an issue with before, having left his snowboard at the coat check in past visits.
The argument escalated, and at one point Rolston took out his phone and began recording the incident. He was asked to leave the premises and eventually complied by walking off the property onto the Village Stroll. At 12:37 a.m., Rolston said two members of the Whistler RCMP, constables Scott Hoekstra and Gian Millette, arrived and spoke to the doorman. The officers asked people in the area if Rolston was creating a disturbance, according to the statement.
The police told Rolston he could leave to avoid being arrested and when he didn't leave immediately he said he was told he was being arrested for disturbing the peace and told to place his hands behind his back.
According to Rolston's claim, "As I look for somewhere safe to put my possessions, Millette and Hoeksra rush me with Hoekstra ripping the board and iPhone out of my hands while Millette trips me and pushes me to the ground — bruising my rib. Millette then puts his knee into my back and pulls up forcefully on my arms and cuffs my hands — causing severe strain to his shoulders."
Someone Rolston knew offered to take Rolston out of the area, but this was denied, according to the claim. On the way to the RCMP detachment, the officers told Rolston that they noted an odour of alcohol and would be adding drunk in public to his list of offences.
Rolston said he asked for a breathalyzer test but was refused and he was lodged in cells. He wasn't released until several hours later and was given a ticket for being drunk in public.
The defendants in the suit — officers Hoekstra and Millette, and the office of the Solicitor General — did not supply details in their reply to the claim, but made this short statement: "Each of the three defendents denies each and every allegation in the notice of claim."
The lawsuit will progress to a settlement conference in November. If a settlement cannot be reached the issue will go to trial.
