A man, who wound up at the centre of a Saanich police press release over the weekend, filed a civil lawsuit against the department accusing their officers of wrongful arrest earlier this year, CHEK has learned.
Saanich police requested the public’s help over the weekend in learning the whereabouts of 42-year old Bradley Michael Cook and 40-year-old Melissa Renee Trost, along with their two young children. The request came after the four failed to return home to Saanich on Sept. 4, according to the initial release.
Saanich police said at the time that the family could be camping in eastern British Columbia or Alberta, asking the public for any information on the family’s location.
As part of their initial search efforts, police officers publicized that the family owns a 2018 Dodge Ram pickup truck with Alberta licence plate number CCX-1573, as well as a 2017 Nissan Murano with Alberta plate number BZP-9388.
Following a wave of media reports about the family, a man claiming to be Cook reportedly told outlets that he and his family were not missing despite what the police had released.
The man also informed media that he had filed a lawsuit against the Saanich Police Department.
RELATED: Police searching for missing Saanich family believed to be in eastern B.C. or Alberta
On Monday evening, Saanich police issued another press release, this time clarifying that they never said the family was missing, only that they were seeking information regarding their whereabouts in order to “ensure the safety” of the young children.
“The focus of this matter continues to be on the safety and well-being of the children, whom we believe are in the care of Bradley Cook and Melissa Trost,” the department said on Monday.
Const. Markus Anastasiades told CHEK that although the media, including CHEK, initially reported the family as missing, they aren’t technically considered missing.
“Everyone, including Mr. Cook, assumed they were missing. It was in the wording of ‘assistance in locating’ instead of missing. We had to be careful in what we wrote, as technically they were not missing,” explained Anastasiades.
Anastasiades said since the first press release was issued some tips have come in from the public, but the department continues to seek information regarding the family’s whereabouts because they want to make sure everyone is safe.
“We are obligated to ensure that both the parents and the children are safe,” he said.
Anastasiades said he couldn’t provide further comment about the matter, but according to court documents obtained by CHEK, Cook filed a notice of civil claim in the Supreme Court of British Columbia against the department late last month, claiming he was wrongfully arrested and detained by officers while in his underwear earlier this year.
The Ministry of Children and Family Development (MCFC) is also named in the civil claim.
According to the civil claim, Cook alleges that on March 20 two Saanich police officers entered his Saanich home without his permission, wrongfully arrested him under the mental health act for firearms offences, then transported him to Royal Jubilee Hospital.
Cook claims officers that night conducted a “warrantless search” of the house and performed a “wellness check” on his spouse Melissa Trost, as well as their two children, and determined they were safe. He also claims the officers questioned Trost and told her she should leave the home and get on “the first ferry off of Vancouver Island” and head to Alberta to stay with her family.
Once at the hospital, Cook claims one of the Saanich police officers allegedly completed an emergency intake form regarding the circumstances of his arrest, which stated that Trost told police that he had been hoarding and burning his clothing, developed extreme paranoia, and was liquidating his family’s finances.
Furthermore, Cook alleges hospital staff were going to release him that night until one of the officers told staff he “constituted a safety risk” to Trost and the two children.
Cook was released from the hospital a day later, according to court documents.
In his civil claim, Cook alleges that throughout the entire ordeal officers failed or refused to provide or facilitate “timely access” to legal counsel. He also alleges that officers informed B.C.’s Ministry of Children and Family Development about his arrest, resulting in MCFD launching an investigation and assigning a social worker to the case.
At some point after March 21, according to the civil claim, the social worker assigned to the case found out Trost had taken the children to Alberta and notified the province’s Ministry of Children’s Services.
According to his civil claim, Cook accuses the social worker told child services false and misleading information, including that he was at risk of physically harming his children and that he had acted aggressively towards Trost.
Cook is seeking undisclosed financial costs and other damages.
None of the allegations have been proven in court.
Anastasiades told CHEK the department is aware of the civil claim but will not comment on the matter as it is before the courts.
Nicholas Pescod
