A Supreme Court of B.C. judge dismissed all but one "minor allegation" of use of force against Vancouver police officers in a 2015 arrest that left a woman with a broken nose.

Ayisha Sidhu was in a street fight outside a nightclub on Granville Street on June 21, 2015 that led to officers arresting her and taking her to hospital for several injuries. Sidhu filed the lawsuit against the City of Vancouver and John Doe for unlawful use of force. 

In a Sept. 19, 2024 decision, Judge Bruce Elwood dismissed Sidhu's claims of use of force, except for the handcuffing, and awarded her nominal damages. He looked at four use of force incidents during the "very chaotic" fight and arrest that "took place in less than a minute." 

The city argued that Sidhu's nose was broken when an officer dropped her to the ground, but Sidhu argued it was when an officer pushed her down on the back of her neck in the second use of force incident.

Elwood agreed with Sidhu that the actions resulted in her broken nose, but found that the officer's use of force was "reasonable and proportional to the circumstances." He also found that the officers had reasonable grounds to arrest Sidhu. 

However, he said keeping her "handcuffed unnecessarily while awaiting treatment for her injuries" at a hospital was "an affront" to her dignity, "albeit a minor one."

In the early hours of June 21, 2015, Sidhu and two friends went out for dinner in Vancouver and then to Aura Nightclub on Granville Street. While in Aura, a man invited them to join his group in a booth, but another woman "began making gestures for them to leave." They stayed, but the woman threw ice at them. 

Sidhu's friends, Nimi Birk and Aman Mattu, responded by throwing drinks at the woman. The three left Aura "quickly" and crossed Granville Street, heading north toward Cabana Lounge nightclub.

The woman from Aura, referred to as Ms. X, followed them across the street as four Vancouver police officers were patrolling the Granville Entertainment District, including constables Matt Oliver and Trevor Skates. The subsequent fight and arrest were caught on two CCTV cameras outside of Cabana.

Ms. X attacked Birk from behind, "grabbing a hold of her hair," and Sidhu then grabbed Ms. X, pulling her off Birk. Elwood said a "melee rapidly develops."

Police then moved in, with officer Skates grabbing Birk, pulling her away, and officer Oliver grabbing Mattu. Ms. X and Sidhu continue fighting and Ms. X is thrown to the ground, ending up on her back with Sidhu crouched over her, punching.

Use of force #1

Oliver lets go of Mattu and approaches Sidhu from behind to arrest her for breach of peace. He tells her to stop fighting, but she doesn't and Oliver grabs her under both arms and pulls her away from Ms. X. The two women still have a hold on each other, kicking and punching.

While Oliver is pulling Sidhu away, he lost his balance and to avoid falling, he dropped Sidhu to the ground. She landed face forward, with her body slightly twisted, but braced the fall with both arms.

"It does not appear that her face hits the ground," Elwood's decision notes. 

Ms. X regained hold of Sidhu and the two continue fighting on the ground. Oliver attempted to separate the two.

Use of force #2

Mattu approached Ms. X from behind, "grabs her hair, and pulls her away" from Sidhu. Ms. X and Mattu begin fighting and two other men try to separate them. 

Oliver is still holding Sidhu and when she starts to get to her feet. He said he was concerned Sidhu would try and rejoin the fight and he "believed it was necessary to take Ms. Sidhu to the ground in order to gain control of her and complete the arrest."

He used his hand on the back of her neck to push her head down but Sidhu "collapses to her knees and falls forward." The camera's view was obscured, "but it appears she lands face down."

Sidhu said she yelled at Oliver that he had broken her nose, but the officer said he didn't remember. 

Use of force #3

Oliver left Sidhu to go back to the fight, telling her to stay put. Sidhu can be seen touching her face and looking at her hand. Sidhu then heads toward officer Skates, where he's standing with Ms. X.

Skates testified that Sidhu was "approaching aggressively" and he was worried "she would attempt to go through him and begin fighting with Ms. X again." Sidhu, however, said she was demanding medical attention for her broken nose.

Skates leads her away and she tries to pull away several times. He later handcuffs her without further incident, but then was concerned she would start a new disturbance as she started yelling and swearing at bystanders. He put her in a police vehicle.

Use of force #4

That's when Skates said he noticed a bump on Sidhu's forehead. She said she received it when an officer threw her to the ground, adding that an officer had also broken her nose. Skates disagreed she mentioned the broken nose.

With no ambulances available, Skates took her to St. Paul's Hospital in the police vehicle. She remained handcuffed.

At the hospital, Sidhu claimed she was handcuffed to a chair, but Skates said her wrists were handcuffed behind her back.

A nurse saw Sidhu, but said it would be several hours before she could be seen by a doctor. After consulting with a supervisor, Skates released Sidhu as she was no longer considered at risk of breaching the peace. She left the hospital about 20 minutes after arriving without receiving care.

In the days after, Sidhu went to Peace Arch Hospital in White Rock for medical care. She got a rhinoplasty procedure on her nose in October 2020. All parties agreed Sidhu had a broken nose and blackened eyes during the events on June 21, 2015.

Sidhu said Oliver had reasonable grounds to arrest her for breach of peace, but said when the officer had the back of her neck "there was no need" for him to apply any further force to complete the arrest. She added the officers also didn't have reasonable grounds to arrest her in the roadway after the fight or to restrain her in the hospital. 

Elwood said the CCTV footage was inconclusive, but the most likely cause of the injury is when Sidhu fell forward when Oliver had the back of her neck. He said that he it's "indisputable" that Sidhu's nose was broken, adding that she was a "credible and generally reliable witness who endeavoured to tell the truth and accurately described what she considers to be a traumatising incident."

"Although her memory was less than perfect, she was clear and compelling in her evidence that PC Oliver broke her nose during Use of Force #2."