Former professional Superbike rider and anti-mandate protestor Marcel Irnie.

Image Credit: Marcel Irnie

A Kelowna RCMP officer is suing an anti-vaccine mandate protester for $35,000 after the protester uploaded footage of an altercation to social media.

In a March 29 Notice of Claim filed by Kelowna RCMP Const. Conrad Erbes, the officer accuses Marcel Irnie of "slander" and "libel" after he posted a video to Youtube of an incident that took place during a so-called freedom rally in January 2022.

"Mr. Irnie did by way of direct action wilfully and intentionally slander, libel, and actively attempt and succeed in damaging the professional and personal character and reputation of Conrad Erbes," the notice of claim reads.

The court document goes on to say that Irnie, with "nefarious intent," did attend numerous "freedom rallies" and "speak ill" of the officer.

The officer says Irnie recorded the January 2022 incident on his phone without written advance permission, "nor was it clear what the intended use was."

Const. Erbes is suing for $35,000 – the maximum allowed in the small claims court – and demands that the videos be taken down.

Irnie has posted more than 2,000 videos to Youtube, many of which feature his former career as a professional motorcycle racer.

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The video in question appears to have been posted several times and has garnered roughly 5,000 views.

In the video, an RCMP officer asks for Irnie's ID but he refuses. Irnie also refuses to get out of his RV and speaks to the officer through the window.

The officer says Irnie's asks him to move his vehicle otherwise it will get towed.

Irnie then says to the officer "why are you hassling me."

In the video, the officer refuses to give his name saying he will tell him his name if Irnie gets out of his RV and has a conversation on the sidewalk.

After several minutes Irnie then says "you're going to be on YouTube if you keep this up."

The conversation continues and Irnie asks the officer for his name again.

"You can have my name when you get out of the vehicle we can look at your plate and we can deal with this like adults," the officer says.

Irnie replies with obscenities and gives the officer the middle finger.

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On the night the video was made, Erbes was fined more than $300 for failing to produce a driver's licence, not having a front licence plate, and not having a flag on the rear of his RV where he had a dirt bike mounted.

Irnie told iNFOnews.ca that Const. Erbes served him the small claims case documents when he was in court scheduled for a hearing regarding these tickets.

At an earlier court appearance regarding the tickets last December, Irnie says he got a cease and desist notice.

"You do not now, nor have you ever had permission to use my name, image, likeness or any other reproduction thereof without my express written consent. Consent has never been nor will it ever be provided to you," the letter reads. "You are hereby directed to immediately and permanently remove all forms of video, photographs, documents, digital or other reproductions you have created, or possess in your control."

The cease and desist letter goes on to say Irnie's actions are "tantamount to abuse, doxing, intimidation, slander and libel."

"You have a self-created, demonstrable pattern of conduct where you video record your interactions with municipal, district, provincial and police officials," the letter says.

"As you have received monetary compensation for the unauthorized use, misuse, abuse and proliferation of my name and image without consent, I am seeking remuneration for this misuse. I am also
seeking compensatory damages for irreparable harm caused by your malicious, harassing, slanderous and libellous continued acts."

Irnie says his Youtube channel isn't monetized but he did make $1.46 from the online platform Rumble in February.

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In January he made a formal complaint against the officer to the Civilian Review and Complaints Commission for the RCMP.

"Erbes continues to demonstrate his malicious intent to intimidate or threaten the defendant and witness Irnie by serving this ridiculous Notice Of Claim," Irnie told iNFOnews.ca. "Police who don't follow the law, are being caught on camera and they don't like it."

RCMP Southeast District Cpl. James Grandy said since it was a private civil matter, it wouldn't be appropriate for the RCMP to comment.

None of the allegations have been proven in court.

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