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LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.02 IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN: ALLAN ANTHONY BUTTNOR, Plaintiff, - and - JANICE "KELLY" GARIEPY, REED LEARY, and KEN MONTGOMERY, Defendants. _STATEMENT OF CLAIM_ 1. The Plaintiff is a resident of the City of Edmonton, in the Province of Alberta, and is an ordained minister of the Church of Scientology of Alberta, who seeks to minister to the spiritual needs of the parishioners of this Church and to promote belief in the religion known as Scientology throughout the Province of Alberta. 2. The Defendant, Janice "Kelly" Gariepy, is a resident of the City of Edmonton, in the Province of Alberta, and is an ex- member of the Church of Scientology of Alberta, excommunicated from the Church in 1980 for her refusal to abide by the moral and ethical codes of the Church. LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.03 - 2 - 3. The Defendant, Reed Leary, is and was at all times material hereto, an officer ranked as a Detective, of the Royal Canadian Mounted Police "K" Division, employed through their offices at 11140 - 109 Street, Edmonton, Alberta. 4. The Defendant, Ken Montgomery, was at all times material hereto, employed as an officer of the City of Edmonton Police Department. 5. The Defendants have committed deliberate overt acts against the Plaintiff amounting to a course of action designed to, and in fact causing, injury to the Plaintiff by laying false criminal charges against the Plaintiff, harassment against the Plaintiff and his religion, and disseminating false and derogatory information with regard to the Plaintiff's religion. 6. The Plaintiff states that the Defendants have deprived him of fundamental freedoms guaranteed by virtue of Sections 2 and 15 of the Canadian Charter of Rights and Freedoms, Section 1 of the Canadian Bill of rights, and those rights that exist in common law. 7. The Defendant, Janice "Kelly" Gariepy, maliciously and without reasonable and probably cause, caused to be filed a false information resulting in the Plaintiff being charged with two LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.04 - 3 - counts of sexual assault, two counts of sexual interference, and one court of unlawful confinement. These charges were acted upon by the City of Edmonton Police and the Plaintiff was arrested and detained in jail overnight with bail set at $1,500 This action by the Defendants also caused this incident to be reported in the media, thereby causing irreparable damage to the Plaintiff's reputation, caused his ex-wife to deny access to his children and unduly distressed them, caused problems with his job, and created a threat to his future advancement and employment in his chosen profession, and has distressed several of the Plaintiff's parishioners, interrupting both the Plaintiff's and their free exercise of their religious beliefs. 8. The Defendants, Detective Reed Leary and Ken Montgomery. showed negligence of duty in accepting and forwarding the City of Edmonton Police for action, the informations provided by a person who has given false information in the past to officials and has been convicted in the past of public mischief, and how has a 'green sheet' with the police of extensive complaints filed against others which, when investigated, turned out to be groundless. 9. The Defendants, Reed Leary and Ken Montgomery, displayed improper conduct through excessive use of profane language, LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.05 - 4 - discriminatory remarks regarding the religion of Scientology and harassive investigative procedure. 10. The Defendants, Reed Leary and Ken Montgomery, have admitted to distributing information, including court documents and newspaper articles about the religion of Scientology to unnamed persons requesting such information, in violation of the Canadian Charter of Rights and Freedoms. 11. The Plaintiff further states that the Defendants, Reed Leary and Ken Montgomery, have exercised their police powers of police officers to exercise reasonable care in the course of exercising their powers to investigate breaches of the law and having proper regard for the constitutionally safeguarded rights and freedoms of the public. 12. By reason of the aforesaid actions of the Defendants, the Plaintiff was greatly injured in his credit an character and has suffered severe anguish, pain and the great expense of defending himself and thus the Plaintiff's Church organization and its parishioners have also suffered great loss and damage. LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.06 - 5 - 13. The Plaintiff states that the conduct of the Defendants has been designed to injure the Plaintiff and the Church of Scientology of Alberta. The Defendants' actions constitute a wanton and outrageous disregard of the Plaintiff's rights for which the Plaintiff in entitled to an award of aggravated, punitive and exemplary damages. 14. The Plaintiff proposes that the trial of this action be heard at the City of Edmonton, in the Province of Alberta. WHEREFORE THE PLAINTIFF CLAIMS AGAINST THE DEFENDANTS: (a) General an Aggravated Damages in the sum of $200,000.00; (b) Punitive and Exemplary Damages in the sum of $600,000.00; (c) A declaration that the Plaintiff's constitutional rights as provided for in the Canadian Charter of Rights and Freedoms, in particular by virtue of Sections 2 and 15 thereof, have bean violated by the Defendants, Reed Leary and Ken Montgomery; (d) Damages resulting from the violation of the rights described in paragraph (c) hereof in the amount of $200,000.00; (e) An injunction restraining the Defendants and each of them, their servants and agents and anyone on their behalf from doing anything or performing any act in furtherance of the torts alleged herein; (f) An Order permitting the Plaintiff or its agents access to any records relating to the Plaintiff in the possession of the Defendants, Reed Leary and Ken Montgomery, for the purposes of examination and correction or refutation of any false or misleading information regarding the Plaintiff; LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.07 - 6 - (g) Such further and other relief as this Honourable Court may deem just; (h) Court costs. DATED at the City of Edmonton, in the Province of Alberta, this 20th day of March, 1991, AND DELIVERED by the Plaintiff, whose address for service is 9612 - 81 Avenue, Edmonton, Alberta, T6C-0X7. ISSUED out of the Office of the Clerk of the Court of Queen's Bench of Alberta, Judicial District of Edmonton, this 20 day of March, 1991. E. Klatsbul ----------------------------- CLERK OF THE COURT OF QUEEN'S BENCH OF ALBERTA LENNIE & CO. ID: 4034266977 JUN 20 '94 9:48 No.001 P.08 9103 05523 NOTICE Action No. TO THE DEFENDANTS: ----------------------------- IN THE COURT OF QUEEN'S BENCH You are hereby notified that the OF ALBERTA Plaintiff may enter judgment in JUDICIAL DISTRICT OF EDMONTON accordance with this statement of ----------------------------- claim or such judgment as, according to the practice of this Court, he is entitled to, without any further BETWEEN: notice to you, unless within FIFTEEN (15) days, or such other time as may ALLAN ANTHONY BUTTNOR, be prescribed by Order of this Court, after service hereof upon PLAINTIFF you, excluding the day of service, you cause to be filed in the office - and - of the Clerk of the Court from which the Statement of Claim has issued either: JANICE "KELLY" GARIEPY, REED LEARY and KEN MONTGOMERY, (i) A Statement of Defence; or DEFENDANTS (ii) A Demand of Notice that notice of any application to be made in the action be given to you; and unless within the same time a copy of your Statement of Defence of Demand of Notice is served upon the Plaintiff at his stated address for service. ----------------------------- STATEMENT OF CLAIM ----------------------------- MAR 20 1991 (SEAL) FILED BY: THE PLAINTIFF, ALLAN ANTHONY BUTTNOR 9212 - 81 AVENUE, EDMONTON, ALBERTA T6C-0X7
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Martin Hunt / martinh@islandnet.com / August 15 1997