An area family has filed a $10 million lawsuit against numerous parties, including the Ontario Provincial Police, in connection with a case where three family members were charged with creating and operating an obscene Web site.
In the claim, Don Smith, along with his wife, Lorna, their two children, and his brother, William, accuse two Fort Frances OPP officers of malicious prosecution, investigative negligence, intimidation, unlawful interference of the plaintiff’s business, injurious falsehood, false imprisonment, oppressive and improper conduct, intentional infliction of mental suffering, and unreasonable search and seizure contrary to Section 8 of the Canadian Charter of Rights and Freedoms.
The suit, which was filed in court March 26, also claims the OPP failed to take appropriate steps to stop the alleged conduct, said Smith on Thursday morning.
Also named in the claim are a Toronto Crown attorney, a Devlin area man and his son, an International Falls pastor, and the Winnipeg Police Service, which also was involved in investigation.
“Due to the outstanding criminal charges involved, it is inappropriate at this time to make any comments about the action taken by Mr. Smith,” Fort Frances OPP S/Sgt. Hugh Dennis said.
Smith and his brother were charged Oct. 3 with making obscene material after three search warrants were executed simultaneously at a Woodyatt Township residence and a business-residence in Winnipeg.
After further investigation, police charged Lorna Smith with making obscene material, possession of obscene material for the purpose of distribution, and distribution of obscene material in February.
The two brothers also were charged with additional charges related to the case.
All three are slated to next appear at the Fort Frances Courthouse on April 30.
Fort Frances Times
Local News from Across the Rainy River District
