A Kaska citizen of the Daylu Dena First Nation is suing the RCMP and Attorney General of Canada, alleging he was assaulted by a police officer while he was detained in 2015.

Legal counsel for Matthew Pete recently lodged the suit in Yukon Supreme Court.

The suit claims he was assaulted by Const. Brad Kelly in the cells at the Watson Lake RCMP detachment.

According to court documents, Pete was arrested by Kelly at around 2:30 p.m. on Dec. 1, 2015 following allegations that he was responsible for a break and enter and sexual assault.

At the time, Pete was 18 years old, living with his grandfather in Lower Post, B.C. and attending high school.

The suit claims that sometime following a police interview while Pete was still in custody, Kelly entered his cell and assaulted him.

“Kelly grabbed (Pete) aggressively and for no apparent reason and used a lot of force by assaulting him in the upper body area with his hands and throwing him upon the cell floor,” the suit claims.

As a result of the alleged assault and battery, the suit claims Pete suffered bruising on his arms, biceps and chest.

It also claims his arms, back and chest were sore for about a month, and that he suffered depression and anxiety.

The statement of claim further alleges Pete “has suffered and continues to suffer from humiliation, loss of self-esteem, a loss of enjoyment of life and emotional suffering.”

The suit is claiming the alleged assault and battery was done willfully and with intent to inflict harm, calling it “sufficiently harsh, reprehensible and malicious.”

It notes that Pete was in a vulnerable position at the time as an 18-year-old in custody.

Kelly’s conduct “was high-handed, egregious, and grossly contrary to the standard of conduct and public expectations of a police officer,” it also claims.

According to the suit, Kelly did not report the alleged assault to his supervisors nor create any reports to indicate what had allegedly occurred in Pete’s cell.

He also did not ensure video recording of the cell at the time of the alleged incident was preserved.

Additionally, the suit alleges Kelly did not check on Pete nor have anyone else check to see if he needed any medical attention or psychological support.

Finally, it claims Kelly did not provide his notes about the alleged assault to the Crown attorney as part of the disclosure in the criminal case.

The suit is claiming that Kelly breached a duty of care owed to Pete and the RCMP breached a trust in not protecting Pete as his physical care was entrusted to them.

It also alleges that Canada breached a standard of care by being “negligent in failing to adequately train, supervise and support Kelly.”

Additionally, it claims Pete’s rights under the Canadian Charter of Rights and Freedoms were breached including the right to life, liberty and security of person and the right not to be subjected to cruel and unusual treatment and punishment.

It also claims his right to be protected from discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability was breached.

The suit is claiming general, special, aggravated and punitive damages.