Judge awards damages against federal and local police after couple was arrested at the border and jailed based on outdated information
The vindication in court comes 11 years after the two grandparents, Sulochana Shanthakumar and Santha Kumar Mylabathula, were stopped at the border — and after one of them died before the conclusion of their case.“It was abject negligence, which had a significant effect on Shanthakumar and Mylabathula. The defendants’ conduct was irresponsible. It’s indecent,” wrote Judge Ranjan Agarwal of the Superior Court of Justice of Ontario, in a lengthy decision released this week.
Arriving at the Lewiston-Queenston Bridge border crossing in Niagara-on-the-Lake, Ont., in the evening, the inspection booth in front of them did not appear open, so they drove to another nearby booth they could see was lit up. They were then surrounded by CBSA officers who accused them of trying to run the border, court heard.
The couple claimed they were refused access to their lawyer, denied a blanket when they asked and instead given a garbage bag to keep warm, and told to drink from the toilet when they asked for water. A judge declined to accept some of their allegations of mistreatment and dismissed their claim of racial bias.Article content
In February 2013, the husband, Mylabathula, sued the three law enforcement agencies. Six months later, the wife, Shanthakumar, also sued. “The Canadian border should be a place of safety, security, comfort, and courtesy. It’s where Canadians are welcomed home to Canada, whether they have been gone for a day or a lifetime,” he wrote in his judgement.
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