Scientology in Canada

Al Buttnor/Ken Montgomery Case: 1

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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
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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
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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
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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
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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
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(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

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