Wrongfully accused Halifax-area doctor taking legal action

Dr. David Barnett seeking $3M in damages

Anjuli Patil · CBC News 

A Halifax-area doctor is taking legal action over false child pornography allegations made against him stemming from a U.S. police error.

In a notice of action filed Tuesday in the Supreme Court of Nova Scotia, Dr. David Barnett seeks $3 million in damages from members of Halifax Regional Police, the RCMP and the Halifax Regional Municipality.

In December 2020, Barnett was wrongly arrested on suspicion of possession and distribution of child pornography. He was subsequently suspended from practising medicine.

The error was the result of Barnett’s email being similar to a U.S. suspect’s email. The case against him was dismissed and his suspension lifted, with Halifax police acknowledging he’d been wrongfully accused.

An information to obtain a search warrant showed the error.

The error was noted by a Nova Scotia justice of the peace who refused to approve a search warrant for Barnett’s Halifax home. A second justice of the peace, however, approved an updated request later that day.

Barnett’s notice of action, dated Feb. 15, 2022, noted that in addition to being suspended from practising medicine, the false arrest also led to his name being linked to child pornography allegations in news outlets, the loss of his income and professional opportunities, damages to his personal and professional reputations and legal costs associated with his criminal defence.

It also claims Barnett’s rights under the Canadian Charter of Rights and Freedoms “were violated by the defendants during these events.” It said police did not have reasonable grounds to search Barnett’s home and that police never obtained a judicially authorized warrant to arrest him in his home.

Statements of defence not yet filed

The notice then goes on to name members of the police and parties involved in the investigation and arrest, and reasons why each is named a defendant.

A statement of defence has not been filed yet.

Halifax Regional Police said it had no comment because “there are ongoing legal processes in relation to this matter.” Halifax police directed specific questions to the municipality’s corporate communications department.

The HRM confirmed it received the notice of action and it’s being reviewed.

CBC News contacted the RCMP for comment. The RCMP said it didn’t lay charges in this case and to contact Halifax police.