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May 14, 2004

Tootoo family sue police over suicide

GREG YOUNGER-LEWIS

Jordin Tootoo, Nunavut's hockey hero, and his family have launched a lawsuit against five Manitoba police officers, alleging they contributed to the suicide of his brother, Terence, in 2002.

The statement of claim, filed with the Manitoba civil court earlier this month, accuses the officers of breaking their policy of handing an intoxicated person over to a sober adult, when they left Terence at the home of a family with whom he and his brother were billeting almost two summers ago.

Brandon police charged Terence with drinking and driving in the early hours of Aug. 28, 2002. The lawsuit states police dropped him off at the billet's house, but didn't actually find someone to take care of him.

The lawsuit alleges that police should have known Terence, 22, was at risk of killing himself because he was worried the charges would affect his professional hockey career, and, as the family's statement claims, because of a "high suicide rate among aboriginal males while intoxicated."

Based on these and other allegations, the family is demanding members of the Brandon police service compensate the Tootoo family for the cost of Terence's funeral, and burying his body.

The lawsuit also demands compensation from Jordin's former billet, Robert Neil Roy, alleging he contributed to Terence's death by failing to properly secure the 12-gauge shotgun Terence used to kill himself. The statement of claim alleges that the gun was unregistered and had no trigger lock.

The lawsuit also names the owner of the towing service responsible for hauling away Terence's red SUV. The statement alleges that some of Terence's property went missing, including gold and silver championship hockey rings, dress clothes, and CDs.

The Winnipeg-based lawyer representing Rose Tootoo, who filed the statement on behalf of the family, said in an interview that launching a lawsuit will help the family get answers about what happened the night Terence killed himself.

"There was no public review of this," Martin Pollock said. "There was a private review. This [lawsuit] permits the family to explore the facts."

Police have declined comment on the lawsuit, except to say they still extend their "deepest sympathies" to the Tootoo family.

Terence's parents, Rose and Barney Tootoo, claim damages of $30,000 against each police officer named in the lawsuit, as well as Jordin's former billet. Other family members, including Jordin, his sister Corinne, grandmother Jenny, and great-grandmother Mary Plus, each claim damages of $10,000 against each.

None of the accusations have been proven. The family is waiting for the officers, former billet, and towing service owner to file statements of defence.

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