Between 2002 and 2006, 56% per cent of all RCMP in-custody deaths in Canada occurred in BC. Only 33% of the RCMP police force is situated in BC. During this time, the BCCLA became quite concerned with the rate of in-custody deaths in BC, and little has changed since then. Since 2005, the BCCLA has filed police complaints regarding in-custody deaths, serious misconduct, and policy concerns. The Commission for Public Complaints Against the RCMP (CPC) oversees complaints against the RCMP under the RCMP Act. The Office of the Police Complaints Commissioner (OPCC) oversees complaints against municipal police forces under the Police Act. The practice of filing police complaints has produced a storied history of delay, evasion, lawsuits and boycotts.
Delay
The amount of time for the RCMP to complete an investigation runs between one to three years. A good portion of the BCCLA’s complaints are initially dismissed, requiring the BCCLA to request that the OPCC or CPC review the reasonableness of terminations. The average time for terminations to be overturned is one to two years. The BCCLA’s oldest active complaint is more than four years old, filed in January 2005.
CPC supersession and civil suits
After lodging a police complaint against Commissioner Zaccardelli regarding the “income trust” affair, this complaint was cancelled and replaced by a self-initiated complaint by Paul Kennedy, Chair of the Commission for Public Complaints Against the RCMP. The difference between the two complaints was that the BCCLA complaint was filed prior to former RCMP Commissioner Zaccardelli’s retirement, and the BCCLA argued that the CPC did not have the jurisdiction to investigate a retired officer.
The BCCLA went to court again when our complaint regarding the in-custody death of Ian Bush was dismissed by the RCMP, a decision upheld by the CPC. In 2007 the BCCLA filed 8 complaints against the RCMP.
Evasion of complaints by the RCMP
In 2005, the RCMP held in abeyance the BCCLA’s complaints regarding the in-custody deaths of Kevin St. Arnaud, Gurmit Sundhu and Ian Bush. Effectively, the complaints were neither investigated nor terminated. That practice ended in 2006 when the CPC ruled that the RCMP did not have authority under the RCMP Act to hold complaints in abeyance. The BCCLA filed complaints, which were for the most part terminated, and the CPC would overturn this termination. In 2007, the BCCLA filed 8 complaints against the RCMP and 7 were dismissed. The in-custody deaths of Robert Dziekanski and Robert Knipstrom, both involving the Taser, were terminated and superseded by Chair-initiated complaints. The in-custody deaths of Steve Qualtier, Larry McPherson, Christopher Tom, Duane Nelson, and Cecil McKenna were dismissed without investigation by the RCMP on the grounds that other investigations were in process, namely criminal investigations and coroners’ inquests. The only complaint accepted was a policy complaint that alleged that RCMP spokespersons misrepresented the facts of Robert Dziekanski’s death, attempted to suppress Paul Pritchard’s video, and engaged in character attacks on both men.
Boycotts
In mid-2008, the BCCLA stopped filing complaints regarding in-custody deaths. Most RCMP complaints were dismissed, and the BCCLA had no right to receive an investigation report for municipal conduct complaints according to the Police Act. The exercise seemed pointless. Shortly thereafter, the BCCLA and Pivot Legal Society announced a boycott of the municipal complaint process under the Police Act. Subsequently, the BCCLA decided to boycott the RCMP complaint process. The BCCLA now advises all complainants to file suits in small claims courts if appropriate. Both boycotts are still in effect, and while the BCCLA will assist complainants with policy complaints, the BCCLA will only provide assistance under limited circumstances with regard to policy complaints.
In March 2009, the decision of the RCMP to dismiss 5 in-custody death complaints from 2007 was overturned by the CPC, and the BCCLA had begun to receive investigation reports from 2006. The BCCLA has decided to once again attempt to file complaints in the case of in-custody deaths. Without these complaints, the details of police-involved deaths are rarely made public. Accordingly, the BCCLA will publicize all its complaints below.
Report of all RCMP death-in-custody’s RCMP In-Custody Death ReportAppeal for More Information
FOI Request regarding self-inflicted, accidental taser injuries
Response from Worksafe BC
The response to requests such as these represent the <!– /* Font Definitions */ @font-face {font-family:”Cambria Math”; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-1610611985 1107304683 0 0 159 0;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-1610611985 1073750139 0 0 159 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-unhide:no; mso-style-qformat:yes; mso-style-parent:”"; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi;} span.EmailStyle15 {mso-style-type:personal; mso-style-noshow:yes; mso-style-unhide:no; mso-ansi-font-size:11.0pt; mso-bidi-font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi; color:windowtext;} .MsoChpDefault {mso-style-type:export-only; mso-default-props:yes; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.0in 1.0in 1.0in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} –>
difficulty in finding information about the RCMP and VPD.
(1) St. Arnaud, Kevin (RCMP - Vanderhoof)
Complaint Final Report on chair-initiated complaintFiled: January 4, 2005 Status: Active
The RCMP originally held this complaint in abeyance. Upon review by the CPC, in a decision dated January 6, 2006, the CPC found there was no authority in the RCMP Act to hold complaints in abeyance and that the complaint should have been terminated, effectively terminating our complaint.
The CPC self-initiated a complaint on March 15, 2006, and revised it in April 2007 to focus on the RCMP investigation. The BCCLA resubmitted a complaint on June 6, 2006. In January 2008, the RCMP announced that Toronto police service will review the RCMP’s investigation.
The Final Report on the Chair-initiated complaint is released March 28, 2009.
See the RightsCity blog post for more details.
(2) Operation Pipeline (RCMP – E Division)
Complaint Investigation ReportFiled: March 10, 2005 Status: Closed
The RCMP terminated the BCCLA complaint on April 25, 2005 which was confirmed in a more detailed letter dated August 16, 2005. The BCCLA requested a review of the RCMP decision on June 21, 2005. On October 20, 2006, the BCCLA requested a status report on our request for review. On October 27, 2006, the CPC notified the BCCLA of a backlog. By letter dated January 9, 2007, the BCCLA received notice that the CPC had sent an interim report to the RCMP and was awaiting the RCMP’s response. The CPC’s report was completed on July 4, 2008. In a meeting with the BCCLA in late 2008, Commissioner Elliott indicated future operations would not unfold in the same manner as Operation Pipeline.
(3) Sundhu, Gurmit (RCMP – Surrey)
Complaint Investigation ReportFiled: July 3, 2005 Status: Closed
The complaint was originally held in abeyance, then terminated by the RCMP. On November 29, 2006, the CPC found that termination was unreasonable and recommended that the RCMP investigate the complaint. The RCMP accepted that recommendation in June 2007. The Investigation report was issued on December 8, 2008.
(4) Bush, Ian (RCMP - Houston)
Complaint Filed: November 7, 2005 Status: Closed
The BCCLA complaint was originally held in abeyance by RCMP. In a decision dated June 19, 2006, the CPC found that the RCMP did not have the authority to hold complaints in abeyance and had to either terminate or investigate the complaint. The RCMP terminated the complaint on July 5, 2006. Upon review by the CPC via a decision dated September 26, 2006, the CPC upheld the RCMP’s decision to terminate. On September 28, 2007, the CPC self-initiated a complaint into the death of Ian Bush. The BCCLA lodged a new complaint on September 29, 2006. The RCMP notified the BCCLA of their decision to terminate that complaint on December 4, 2006. Upon review by the CPC via a decision dated May 24, 2007, the CPC upheld the decision of the RCMP to terminate.
The BCCLA filed for a judicial review of the CPC’s September 26, 2006 decision in Federal Court on October 30, 2006. The judgment of O’Keefe J., dated September 13, 2007, dismissed the Attorney General’s motion to strike for mootness. The BCCLA decided to withdraw from the litigation to pursue other opportunities for reform.
(5) Snopek, Ryan (RCMP - Cranbrook)
Complaint Investigation Report Filed: May 16, 2006 Status: Closed
The RCMP notified the BCCLA of termination on August 16, 2007. Upon review by the CPC, via a decision dated July 13, 2007, the CPC found that the termination was not reasonable and recommended that the RCMP investigate. The BCCLA also received a letter from Acting Commissioner Bev Busson, dated July 6, 2007, notifying the BCCLA that the RCMP would investigate if we requested a further investigation. The BCCLA filed a new complaint in November of 2007. The investigation report is released April 14, 2009.
(6) RCMP Income Trust (RCMP HQ)
BCCLA request for policy change
Complaint Investigation Report Request for Review, public hearing
Request for Review held in abeyance 1 Request for Review held in abeyance 2 BCCLA Request for Investigation Report of Chair-initiated complaint CPC responds to BCCLA Request for Investigation Report of Chair-initiated complaint BCCLA response to CPC CPC Final Report on Chair-initiated complaint 2nd request for public hearing
Filed: July 12, 2006 Amended July 17, 2006 Refiled: November 23, 2006 Status: Closed
In March 2006, the BCCLA urged the RCMP Commissioner to create policy on complaint notification to avoid politicizing RCMP investigations. The RCMP refused. The BCCLA filed its first complaint in July 2006 and its second on November 23, 2007. The RCMP dismissed the BCCLA’s first complaint in a report dated January 9, 2007. By letters dated February 1, 2007 and February 5, 2007, the BCCLA asked for a public hearing and review of the RCMP’s decision regarding the BCCLA’s first complaint. On February 1, 2007, the CPC self-initiated a complaint. By letter dated February 12, 2007, the CPC notified the BCCLA that it would hold the BCCLA’s request for review in abeyance pending the outcome of the CPC self-initiated complaint. On April 23, 2007, the RCMP notified the BCCLA that they were terminating the second complaint. The BCCLA requested a review by the CPC on May 15, 2007. The CPC notified the BCCLA on June 15, 2007 that they would hold our request for review in abeyance pending the outcome of the CPC’s self-initiated complaint. The BCCLA filed for judicial review of the CPC’s deferral of the BCCLA’s second complaint in Federal Court on July 13, 2007. Ultimately, that litigation was unsuccessful. The Final Report of the CPC was released on March 31, 2008. The BCCLA requested a review and a public hearing, which were denied.
(7) Lewis, Donald (RCMP – Williams Lake)
Complaint Investigation Report Filed: August 28, 2006 Status: Closed
The BCCLA filed a complaint in August, 2006. On April 21, 2009, the RCMP released the Investigation Report. The RCMP justified the delay by stating that they were waiting for the coroner’s inquest. The investigation report is released April 21, 2009.
(8) Jickles, Christopher (RCMP – Fort St. John)
Complaint Investigation Report Filed: October 10, 2006 Status: Closed
The BCCLA filed a complaint in October, 2006. On February 5, 2009, the RCMP released the Investigation Report. The RCMP justified the delay by stating that they were waiting for the coroner’s inquest.
The investigator partially found the complaint to be substantiated, noting that RCMP policy was inadequate and has been changed. This echoed the jury recommendations from the coroner’s inquest. As well, the guard in charge was dismissed for failing to properly monitor Mr. Jickles and making false entries that physical checks took place. This dismissal was not a result of the BCCLA’s complaint: the guard was a City employee and not under the authority of the Police Act.
(9) King, Daniel (RCMP – Burnaby/Coquitlam)
Complaint Investigation Report Filed: December 15, 2006 Status: Closed
The BCCLA filed a complaint in December, 2006. On December 2, 2009, the RCMP released the Investigation Report. The RCMP justified the delay by stating that they were waiting for the coroner’s inquest.
(10) Qualtier, Steve (RCMP – Penticton)
Complaint Request for Review CPC response to Request for Review CPC Final Report on termination Filed: September 11, 2007 Status: Active
The BCCLA filed a complaint in September, 2007. The RCMP dismissed the complaint in October, 2007 based on sections 45.36 (a) and (c) of the RCMP Act. The argument, used to terminate all death-in-custody complaints in 2007, was that a coroner’s inquest and a criminal investigation were sufficient and more appropriate processes of investigation. The CPC had previously ruled that a coroner’s inquest was not an appropriate substitute for a police complaint.
The BCCLA filed a request for review on Nov. 22, 2007. The CPC responded on Dec. 19, 2007 to confirm that they would review the reasonableness of this termination. The letter confirmed the position that the existence of a coroner’s inquest was not a reasonable justification for termination and noted that the RCMP had previously relied on the existence of a criminal investigations to terminate complaints, and that many of those terminations had also been overturned. In April, 2008, the CPC notified the BCCLA that the Interim Report has been sent to the RCMP. The Final Report is received on March 27, 2009, overturning the termination of the complaint.
(11) McPherson, Larry (RCMP – Fort St. John)
Complaint Investigation Report Request for Review Filed: September 11, 2007 Status: Active
The BCCLA filed a complaint in September, 2007. The RCMP dismissed the complaint in October, 2007 based on sections 45.36 (a) and (c) of the RCMP Act as they did in the Qualtier complaint.
The BCCLA filed a request for review on Nov. 22, 2007. The CPC responded on Dec. 19, 2007 to confirm that they would review the reasonableness of this termination. In April, 2008, the CPC notified the BCCLA that their Interim Report had been sent to the RCMP. The BCCLA received the final report on March 27, 2009, overturning the termination of the complaint for the same reasons as were given in the Qualtier complaint.
(12) Tom, Christopher (RCMP – Tofino)
Complaint Investigation Report Complaint 2
Investigation Report Filed: September 11, 2007 Status: Active
The BCCLA filed a complaint in September, 2007. The RCMP dismisses the complaint in October, 2007 based on sections 45.36 (a) and (c) of the RCMP Act, marking the third straight complaint dismissed in this manner.
The BCCLA filed a request for review on November 22, 2007. The CPC responded on Dec. 19, 2007 to confirm that they would review the reasonableness of this termination. In April, 2008, the CPC notified the BCCLA that the Interim Report had been sent to the RCMP. The Final Report was received on March 27, 2009, overturning the termination of the complaint.
The coroner’s inquest was held February 19-21, 2008. The verdict noted that the officer in charge instructed the attending member to replace the body in the position in which it was originally found, an action regarded by the coroner as “unusual and troubling.” In June 2008, the BCCLA requested that this particular aspect be included in the complaint. The RCMP accepted this as a separate complaint and investigated, concluding on October 23, 2008 that the senior officer did not instruct the junior officer to reposition the body and it was done in good faith by the officer.
(13) Boyd, Paul (Vancouver PD)
Complaint Filed: September 11, 2007 Status: Active
The BCCLA filed a complaint in September, 2007. No action has been taken on the complaint since it was filed. VPD Professional Standards says it is awaiting a determination on whether or not criminal charges will be laid against the involved officers.
The BCCLA is regarded as a third party under the Police Act and will not receive a copy of the Investigation Report.
(14) Nelson, Duane Gordon (RCMP – Port Hardy)
Complaint Investigation Report Request for Review Filed: October 24, 2007 Status: Active
The BCCLA filed a complaint in October, 2007. The RCMP dismissed the complaint in November, 2007 based on sections 45.36 (a) and (c) of the RCMP Act, the fourth to be dismissed in this manner in 2007.
The BCCLA filed a request for review on April 11, 2008. The CPC responded that month to confirm that they would review the reasonableness of this termination. The CPC also notified the BCCLA that the Interim Report had been sent to the RCMP with regards to the in-custody-death complaints for Christopher Tom, Larry McPherson, and Steve Qualtier, and that that report would apply to this complaint as well. The Final Report was received by the BCCLA on March 27, 2009, overturning the termination of the complaint.
(15) Dziekanski, Robert (RCMP – Richmond: Conduct Complaint)
Complaint Investigation Report Request for Review Filed: October 24, 2007 Status: Active
The complaint was filed in October 2007 and Paul Kennedy initiated his own complaint on November 8, 2007. The BCCLA complaint was dismissed on November 20, 2007, but that dismissal was not received until April 15, 2008, and only after the BCCLA requested an update on the complaint. A letter to the CPC requesting a review is sent April 22, 2008.
The decision to terminate was based on sections 45.36 (a) and (c) of the RCMP Act, making the complaint about Mr. Dziekanski’s death the fifth to be illegitimately dismissed in this manner. The CPC refused to consider the RCMP’s decision to terminate the complaint based on sections 45.36 (a) and (c) of the RCMP Act and decided instead to hold the complaint in abeyance. On May 5, 2008 the BCCLA was informed of this and that the complaint will be considered only after the Chair’s complaint is resolved. The BCCLA sends a letter of protest about this decision on June 27, 2008.
The coroner’s inquest was initially scheduled May 5-16, 2008, but it was postponed and eventually became the Braidwood Inquiry.
(16) Dziekanski, Robert (RCMP – E Division: Media Complaint)
Complaint Investigation Report Request for Review Filed: October 24, 2007 Status: Active
This complaint was filed in October, 2007 to address misrepresentations by RCMP media spokespeople and the alleged suppression of Paul Pritchard’s video recording of Robert Dziekanski’s in-custody death. The Investigation Report was issued in December, 2008. The BCCLA requested a review of the investigation in March 2009. Counsel for the Government of Canada in the Braidwood Inquiry unsuccessfully argued that RCMP spokespeople should not testify at the public inquiry because of the existence of the BCCLA’s complaint.
(17) McKenna, Edward (RCMP – Surrey)
Complaint Investigation Report Request for Review Filed: November 1, 2007 Status: Active
The BCCLA filed a complaint in November, 2007. The RCMP yet again dismissed the complaint that month based on sections 45.36 (a) and (c) of the RCMP Act. The BCCLA filed a request for review on April 11, 2008. The CPC responded that month to confirm that they would review the reasonableness of this termination. The CPC also notified the BCCLA that the Interim Report had been sent to the RCMP. The Final Report was received on March 27, 2009, overturning the termination of the complaint.
(18) Knipstrom, Robert (RCMP – Chilliwack)
Complaint Investigation Report Request for Review Filed: November 11, 2007 Status: Active
The BCCLA filed a complaint in November, 2007. On January 31, 2008 the CPC decided to hold the BCCLA complaint in abeyance due to the existence of a chair-initiated complaint.
The RCMP dismissed the complaint on February 18, 2007 based on sections 45.36 (a) and (c) of the RCMP Act, the seventh dismissal in this manner in 2007.
The BCCLA filed a request for review on April 11, 2008. The CPC responded that month to confirm that they would review the reasonableness of this termination. Despite receiving final reports overturning the RCMP’s decision to terminate the death-in-custody complaints of Edward McKenna and Duane Nelson in March 2009, there is no corresponding ruling on the reasonableness of the RCMP’s termination of this complaint. As in the case of the death-in-custody complaint of Robert Dziekanski, the CPC appeared not to consider the RCMP’s decision to terminate the complaint based on sections 45.36 (a) and (c) of the RCMP Act and holds the complaint in abeyance.
(19) Coleman, Reuban Simeon (Vancouver PD)
Complaint Investigation Report Request for Review Filed: December 10, 2007 Status: Active
Complaint filed in December 2007. On January 10, 2008 the complaint was dismissed by the VPD based on section 54(1)(b) of the Police Act with the conclusion that “there is no reasonable likelihood that further investigation would produce evidence of a public trust default.” This was remarkably similar to justification used by the RCMP for termination under sections 45.36 (a) and (c) of the RCMP Act. On January 17, 2008 the OPCC overturned the decision to terminate the complaint. The investigator has promised to investigate our concerns regarding the detention of a Channel M reporter, who happened to be nearby and filmed the scene very shortly after the shooting. This incident was included in a later complaint regarding the practice of VPD officers seizing photographs and video recordings of scenes following police shootings.
The BCCLA is regarded as a third party under the Police Act and will not receive a copy of the Investigation Report.
(20) Kinloch, Willow (Victoria PD)
Complaint Investigation Report Request for Review Filed: January 28, 2008 Status: Active
Complaint filed in January 2008. Ms. Kinloch was successful in her civil suit. The Chief of the Victoria Police Department, Jamie Graham, made statements that there was no misconduct shortly after the incident was made public, so the OPCC asked the Vancouver Police Department to investigate the complaint.
The complaint has been split up into two components: conduct and policy. The BCCLA is regarded as a third party under the Police Act with regard to the conduct complaint and will not receive a copy of the Investigation Report. However, through the announcement of a public hearing into the matter by the OPCC, the BCCLA has been informed that no misconduct has been found by the Chief of the Victoria Police. The BCCLA will receive an Investigation Report regarding the policy complaint.
(21) Coward, Laura Eileen (RCMP – Chilliwack)
Complaint Investigation Report Request for Review Filed: February 27, 2008 Status: Active
Complaint filed in February 2008. No developments have taken place since the complaint was filed.
(22) Taser use by Skytrain Police (GVTAPS - Metro Vancouver)
Complaint Investigation Report Request for Review Filed: April 17, 2008 Status: Active
The BCCLA filed a complaint concerning eight of the ten incidents of Taser use by the Skytrain Police (”GVTAPS”). The OPCC also self-initiated a complaint regarding all ten incidents. GVTAPS requested an external investigation, and the Vancouver Police Department was chosen. Chief Kind of the GVTAPS recused himself as disciplinary authority, so Chief Parker of Port Moody was delegated as the disciplinary authority and the Vancouver Police Department will do the service and policy review.
(23) Canada Day search and seizure, Victoria (Victoria PD et al.)
Complaint Investigation Report: Full Investigation Report: Summary
Letter from Victoria Police Board Letter from Commissioner Elliott
Filed: 8 July 2008 Status: Closed
Complaint filed July 2008. The Chief of the Victoria PD once again made statements that there was no misconduct after the complaint was filed, so the OPCC asked the CPC to undertake a public interest investigation. The CPC accepted this request. The CPC report was released on March 26, 2009. The report ruled that the search and seizure practices did not comply with the law. Commissioner Elliot has indicated that RCMP policy has been changed as a result of this complaint. The Victoria Police Board accepted the report and promised to incorporate it into future policy.
(24) Girard, Randall Dennis (RCMP - Ridge-Meadows)
Complaint Investigation Report Request for Review Filed: June 12, 2008 Status: Active
Complaint filed in June 2008 after an RCMP officer in an unmarked vehicle (generally prohibited from being the lead vehicle in a police pursuit) struck the naked and unarmed Mr. Girard with his car (classified as lethal force) after a lengthy police pursuit. The RCMP indicated that they would not make a report of the incident public, which caused the BCCLA to file a complaint. The Investigation Report dismissing the BCCLA’s complaint was received in April 2009. A request for review was filed in June 2009.
(25) VPD seizure of recording equipment after police shootings (Vancouver PD)
Complaint Letter from Chief Policy changes
Filed: April 7, 2009 Status: Active
The BCCLA filed a policy complaint with the Vancouver Police Board citing incidents of alleged police interference with cameras and media. All three incidents were at the scenes of police-involved shootings. By the end of the day, the Province received a letter wherein Chief Jim Chu apologized for the conduct of his officers and outlined the reformed policy.
See the RightsCity blog post for more details.
The complaint also addresses the rights of private citizens. On June 17, 2009, the VPD releases written policy that states officers must have consent or a warrant to take a member of the public’s property, unless they reasonably (based on articulable facts) believe evidence will be lost or destroyed if they don’t seize the property, or the person is under arrest.
See the RightsCity blog post for more details.
(27) Welton, Derek (RCMP - Duncan)
Complaint Filed: May 22, 2009 Status: Active
Complaint filed in May, although Welton is fatally shot in March.
(28) ICBC-VPD Accuracy of Identity Theft Records (Vancouver PD)
Complaint Filed: May 22, 2009 Status: Active
Police complaint and privacy complaint filed in May. The privacy complaint is subsequently dismissed because the Privacy Commissioner rules that the BCCLA lacks standing. The BCCLA will renew the privacy complaint if a victim of the practice comes forward. The police complaint proved to be successful and the VPD has changed policies when dealing with ICBC to avoid the problems experienced in this case.
(29) Selkirk Hotel death-in-custody (RCMP- Selkirk)
Complaint Filed: July 6th, 2009 Status: ActiveSelkirk RCMP was called to the Lord Selkirk hotel at approximately 10 PM to deal with a man acting abnormally. The RCMP allegedly found the man on the floor flailing his arms. Upon contact with the RCMP officers, the man appeared in some kind of medical distress and was subsequently rushed by the paramedics to a hospital where he was pronounced dead. The BCCLA is concerned that the Selkirk RCMP failed to meet professional standards in discharging their duty of care towards the yet-to-be identified man, who may have been in medical distress.
(30) Rodney Jackson in-custody death (RCMP- Hazelton)
Complaint Filed: July 6th, 2009 Status: ActiveRodney Shane Jackson was shot during his arrest on September 26th, 2009. The arrest occured in a remote cabin on the First Nations hunting territory of Kisega, approximately 70 km northwest of Hazelton. Rodney Jackson was held in criminal suspicion after five seperate arrest warrents. During the planned operation, the involved RCMP officers, an emergency response team and a dog squad converged on the cabin and its occupants. Both brothers were reported armed with rifles. Robert Jackson, however, surrendered. He was then taken into custody and later released. Rodney, on the other hand, was shot by an RCMP officer(s) during the arrest. It is unclear as to what circumstances existed to make this legal force neccessary. It is also unclear as to how the standards abided by were professionally appropriate.
(31) Police Shooting in Langley (RCMP)
Complaint Filed: October 13th, 2009 Status: ActiveTwo RCMP officers in unmarked cars and a third plain clothed officer, fired shots at a suspect driving away on September 25th, 2009. The man drove off after being told to turn off his car. Driving in a frenzy, he apparently struck the plain clothed officer. While it is clear that the driver of the vehicle presented a threat to the safety of the officer(s), it is not clear whether when shots were fired, this danger continued to be present.
(32) Paul Ida in-custody death (RCMP- North Battleford, Saskatchewan)
Complaint Request for Review Filed: October 17th, 2009 Status: ActiveMs. Ida Paul died on June 11th, 2009 while in custody of the RCMP in North Battleford, Saskatchewan. Ms. Paul was understandibly arrested for causing disturbance. A bystander told an officer that Ms. Paul had taken pills. And Ms. Paul herself told the officers that she was in pain. She was only taken to the hospital the following morning and died that afternoon. The BCCLA is concerned that RCMP officers failed to meet professional standards in discharging their duty of care towards Ms. Paul, knowing that she had taken pills and was in pain. To date, the BCCLA has not been happy with the response and lack of action of this case. We have therefore written an appeal for action.
(33) 54 year-old man in-custody death (RCMP- Iqaluit)
Complaint Filed: December 16th, 2009 Status: ActiveThe unidentified male was found unresponsive at 8 AM, approximately 7 hours after his detention. The RCMP has a duty of care towards all people they take into their custody, and policy is in place to ensure that detainees are monitored both by visual and physical checks. The BCCLA is concerned because it seems as though these checks were not performed as required.
(34) Knight, Eugene in-custody death (VPD- Vancouver)
Complaint Complaint held in abeyanceFiled: October 29th, 2009
Status: Active
Mr. Knight was shot and killed by Vancouver police officers responding to a 911 call by an agitated woman who claimed a knife wielding man was threatening to kill her. After three police officers have forced their way into the apartment of Mr. Knight, they apparently encountered him holding a knife to the throat of his wife. The thirteen-year old daughter was also present in the apartment. A police officer reportedly ordered Mr. Knight to drop the knife. It is unclear if Mr. Knight complied. Subsequently, an officer fired his taser at Mr. Knight. Witnesses report the first shot was followed by a three quarter second pause subsequently followed by five or six rapid shots. It is unclear how the taser was ineffective and what circumstances existed to make lethal force necessary. The BCCLA is concerned that attending V.I.P. members failed to meet appropriate professional standards in discharging their duty of care towards Mr. Knight.
(35) Hughes, Jeff (RCMP- Nanaimo)
Complaint Filed: October 29th, 2009Status: Active
On October 23, 2009, RCMP officers responded to a noise disturbance in an apartment block. Some time before 7:00 AM, Mr. Hughes was fatally shot and killed by an RCMP officer. The BCCLA is concerned that the attending RCMP officers failed to meet appropriate professional standards in discharging their duty of care to the deceased. Investigator assigned to this case.