A woman from Tataskweyak Cree Nation is taking legal action against the City of Winnipeg and two police officers following the death of her common-law partner after an incident involving Winnipeg police. Elias Whitehead, aged 37, encountered officers at Sherbrook Street and Broadway in Winnipeg on October 15, 2023.
The Independent Investigation Unit of Manitoba, investigating Whitehead’s death while in custody, stated that officers responded to a report of a man behaving erratically in traffic in the West Broadway area around 11 p.m. Whitehead experienced breathing difficulties during his arrest and was attended to by Winnipeg Fire Paramedic Service members who were nearby for another incident. Despite receiving medical attention, he was pronounced dead at Health Sciences Centre.
Video footage captured by a witness showed Whitehead’s arrest. In a recent court filing at the Court of King’s Bench in Winnipeg, Jody Beardy, Whitehead’s common-law partner, alleges that during the arrest, an officer identified as Pat Doe escorted Whitehead, who was compliant with empty hands behind his back. Subsequently, Whitehead was slammed against a police cruiser by one officer, while another officer identified as Miki Doe allegedly threw him to the ground and repeatedly struck him.
The lawsuit claims that Whitehead posed no immediate threat to the officers, was compliant and unarmed, and was subjected to unnecessary force resulting in fatal injuries. It further accuses the officers of forcible confinement, using physical force without justification, and racially stereotyping Whitehead as an Indigenous man.
Beardy, a teacher from Tataskweyak Cree Nation, seeks damages on behalf of herself, Whitehead’s family members, including his father, mother, and siblings. The City of Winnipeg has not yet responded with a statement of defense, and the Winnipeg Police Service declined to comment due to the ongoing legal proceedings.
Whitehead’s death has been described as a significant loss by Beardy’s lawyer, Martin Pollock, who expressed the shock of witnessing the video of the arrest. The lawyer emphasized the need to question whether Whitehead would still be alive if not for the force used during the arrest.