A soldier escorted out of a Brandon bar because of his service dog reached a settlement with police this week.

Master Cpl. Bill Nachuk went to the Keystone Motor Inn Lounge April 16, 2011, accompanied by his service dog, Gambler, and a friend.

It was Nachuk’s first attempt to socialize in such a public place in more than two years after being diagnosed with post-traumatic stress disorder.

Bar staff told Nachuk to remove the dog even though he had papers showing Gambler was a certified service dog.

Three Brandon Police Service officers arrived on scene and told Nachuk, who was posted at CFB Shilo at the time, that he had to remove the dog from the premises, according to a complaint filed with the Manitoba Human Rights Commission. Nachuk said he was eventually escorted out. He said his mental health regressed after the incident.

He reached a settlement with the bar last year, according to Terry Green, his lawyer.

Brandon police said they acted in a “responsible and appropriate manner” during the incident and agreed to a settlement to avoid a costly legal process.

“From the outset, Brandon Police Service denied the allegations made by Mr. Nachuk, and continues to maintain the position that there was no merit to the complaint,” the service said in a statement Tuesday. “Because of the time and expense involved with a contested adjudication and recognizing there is no ability to seek reimbursement for legal expenses, Brandon Police Service made a practical decision and proposed an offer of settlement to the complainant.”

Police initially offered Nachuk $5,500 but that was deemed “not reasonable” by the independent adjudicator.

The two sides reached a confidential settlement before the matter was set to be heard by an adjudicator starting on May 19.

Police say the Manitoba human rights code was amended following Nachuk’s complaint to include specific information regarding service animals and police have updated their policies accordingly.

Nachuk has served on tours in Afghanistan and Bosnia. He was hospitalized due to a suicide-related incident and subsequently began training with Gambler through the Manitoba Search and Rescue Elite Service Dog Program to “minimize his functional limitations.” He and Gambler were certified as an active service dog team on March 25, 2011, less than a month before the incident.

Green said more and more PTSD sufferers are using service dogs. Educating police and business owners is key to avoid similar incidents in the future, he said.

“Police officers do have a special duty of care,” Green said. “When a person goes into a public establishment with a service dog they should be able to rely on the provisions of the human rights code in Manitoba and rely on the police to help protect their rights.”

tom.stoukas@sunmedia.ca

Twitter: @TomStoukas1