'He didn't die for nothing': Anthony Aust's family files lawsuit against police board - Action News
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'He didn't die for nothing': Anthony Aust's family files lawsuit against police board

The family of an Ottawa man who diedafter a no-knock raid in October 2020is suing the Ottawa Police Services Board, allegingofficers played a direct role inhisdeath.

Friday evening vigil marked the 2-year anniversary of Aust's death

A crowd gathered Friday evening outside the Ottawa Police Service's headquarters on Elgin Street to mark the two-year anniversary of Anthony Aust's death. (Avanthika Anand/CBC)

The family of an Ottawa man who diedafter a no-knock raid in October 2020is suing the Ottawa Police Services Board, allegingofficers played a direct role inhisdeath.

Anthony Aust's family announced the lawsuitFriday ahead of a vigilat the Elgin Street police station that marked the second anniversary of the 23-year-old's death.

"We haven't seen any change ... There is no realization. There is no remorse,"hismother Nhora toldCBCat the vigil. "There's no justice. It breaks myheart, over and over."

Aust fell 12 storeys fromhis family's apartmenton Oct. 7, 2020, after heavily armed SWAT officers rushed into the homein a manoeuvresometimes called a no-knock entry.

Court documents showed thatpolice expected to find a handgun in the raid.They found drugs and cash but no gun.

Human rights lawyerYavar Hameedwill be representing the family. The statementof claim was filed with theOntario Court of Justice on Oct. 6 and seeks damages totalling more than $3 million.

In an interview with CBC, Hameed saidthe lawsuit goes beyondthe findings byOntario's Special Investigations Unit (SIU) publishedlast September, which focused on the issue of criminal negligence andcleared all officers of wrongdoing.

The SIU has amandate to investigate police conduct that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at someone.

Anthony Aust died after falling 12 storeys from a bedroom window following a no-knock raid by Ottawa police in 2020. (Submitted by the Aust family)

Alleges Charter rights were violated

"This is about getting accountability, gettingtransparency, getting some kind of deterrent [to prevent]the Ottawa Police Service [from] adopting similar kinds of techniques," Hameed said.

"There needs to be explicit contemplation of the human cost."

The lawsuit alleges the police entrycaused Aust's death andviolated theCharter rights of those who werepresent in the apartment.

"A legal remedy can never make the family whole," Hameed said. "But it doesprovide some modicumfor the family to move forward."

CBC has reached out Coun. Eli El-Chantiry, chair of the police board, for comment.

Nhora Aust says she's still hopeful Ottawa police will learn lessons from the October 2020 death of her son. (Avanthika Anand/CBC News)

'He remains here'

Friends and family of Austwho attendedFriday's vigil said the community is still grieving hisloss. Vigil organizerAisha BenslimanesaidAust'sdeath was not an isolated incident.

"These are the big losses we see and hear about, but our communities are under attack on a daily basis,"Benslimane said. "One of the only ways we can demand justice for Anthony Aust is if we defund, disarm and dismantle the police."

NhoraAust said she remains hopefulpolice willlearn a lesson from her son's death.

"He didn't diefor nothing," she said. "Even though his body is gone, he remainshere."

With files from Avanthika Anand