Globe: Mounties want to delay review of man's death
Post
Monday July 24 2006, Mounties want to delay review of man's death, Shannon Kari, Globe and Mail
RCMP quashes group's complaint over fatal shooting involving officer
VANCOUVER -- The RCMP is attempting to delay a review by its civilian oversight agency into its conduct in the death of Ian Bush, who was shot during a scuffle by a Mountie in October in the Northern British Columbia community of Houston.
The national police force sent a letter to the B.C. Civil Liberties Association last week saying its complaint into the shooting of the 22-year-old mill worker has been terminated.
The civil liberties group filed a complaint with the RCMP last fall, as it does after any death in the custody or at the hands of the RCMP. Mr. Bush was shot at the local RCMP detachment after he was detained for having an open beer in public.
Unsatisfied with the force's response, the civil liberties group requested a review of the shooting by the Commission for Public Complaints Against the RCMP.
The RCMP letter, which was written by the head of its internal affairs unit in B.C., cites a section of the RCMP Act as authority to quash a complaint.
"Further investigation is not necessary or reasonably practicable at this time," said the letter, which noted that the RCMP criminal investigation has been reviewed by the New Westminster police.
"The complaint has been terminated, because there is an ongoing process that is not yet complete," said Corporal Tom Seaman, a spokesman for the RCMP.
Cpl. Seaman said the B.C. Civil Liberties Association may file a new complaint once the criminal investigation process is over.
The findings of the police investigation were turned over to the Crown more than a month ago to determine if any criminal charges will be laid. A spokesman for Crown counsel in B.C. said Friday it was still reviewing the file.
The Bush family says it has been told virtually nothing by the RCMP about what happened the night of Oct. 29, other than that there was a scuffle at the station between Mr. Bush and Constable Paul Koester, the arresting officer. Minutes later, Mr. Bush lay dead with a bullet in the back of his head.
Jason Gratl, president of the civil liberties group, said this was the first time in any of its complaints that the RCMP Act has been invoked to shut down the process. He said the group does not believe the RCMP has the authority to delay the complaints commission from conducting its review and said this would not interfere with the criminal process.
"There are elaborate procedural protections," for every RCMP officer, Mr. Gratl said. He said the chairman of the complaints commission can make recommendations or call a public hearing, but has no disciplinary authority.
The attempt to terminate the complaint "begs the question, what do they want to hide," Mr. Gratl added. He accused the RCMP in B.C. of using stalling tactics in cases where someone has been shot by police or has died in custody.
The RCMP led the investigation into the death of 16-year-old Kyle Tait, who was a passenger in a stolen car when he was shot and killed by Constable Todd Sweet of the New Westminster police last August. The RCMP investigation of the officer's conduct in the shooting of Mr. Tait was not forwarded to the Crown until last month and it is still reviewing the file. Constable Sweet, who has been a defendant in four lawsuits alleging excessive force, two of which are ongoing and two of which were settled out of court, is on administrative duties. They include the training of police recruits at the Justice Institute of B.C.
The lengthy period to investigate and then determine whether there should be charges in these cases also delays a mandatory coroner's inquest.
The B.C. Coroner's Service confirmed Friday that it will hold an inquest in January into the death of Kevin St. Arnaud, who was shot to death in December 2004 during a police chase by an RCMP officer in Vanderhoof.
The Crown announced in February, 14 months after the shooting, that no charges would be filed. The RCMP complaints commission is reviewing the conduct of the police force in that case.
"Ideally, we would hold an inquest within 12 months of the death occurring," said Jeff Dolan, the assistant deputy chief coroner of B.C.
RCMP quashes group's complaint over fatal shooting involving officer
VANCOUVER -- The RCMP is attempting to delay a review by its civilian oversight agency into its conduct in the death of Ian Bush, who was shot during a scuffle by a Mountie in October in the Northern British Columbia community of Houston.
The national police force sent a letter to the B.C. Civil Liberties Association last week saying its complaint into the shooting of the 22-year-old mill worker has been terminated.
The civil liberties group filed a complaint with the RCMP last fall, as it does after any death in the custody or at the hands of the RCMP. Mr. Bush was shot at the local RCMP detachment after he was detained for having an open beer in public.
Unsatisfied with the force's response, the civil liberties group requested a review of the shooting by the Commission for Public Complaints Against the RCMP.
The RCMP letter, which was written by the head of its internal affairs unit in B.C., cites a section of the RCMP Act as authority to quash a complaint.
"Further investigation is not necessary or reasonably practicable at this time," said the letter, which noted that the RCMP criminal investigation has been reviewed by the New Westminster police.
"The complaint has been terminated, because there is an ongoing process that is not yet complete," said Corporal Tom Seaman, a spokesman for the RCMP.
Cpl. Seaman said the B.C. Civil Liberties Association may file a new complaint once the criminal investigation process is over.
The findings of the police investigation were turned over to the Crown more than a month ago to determine if any criminal charges will be laid. A spokesman for Crown counsel in B.C. said Friday it was still reviewing the file.
The Bush family says it has been told virtually nothing by the RCMP about what happened the night of Oct. 29, other than that there was a scuffle at the station between Mr. Bush and Constable Paul Koester, the arresting officer. Minutes later, Mr. Bush lay dead with a bullet in the back of his head.
Jason Gratl, president of the civil liberties group, said this was the first time in any of its complaints that the RCMP Act has been invoked to shut down the process. He said the group does not believe the RCMP has the authority to delay the complaints commission from conducting its review and said this would not interfere with the criminal process.
"There are elaborate procedural protections," for every RCMP officer, Mr. Gratl said. He said the chairman of the complaints commission can make recommendations or call a public hearing, but has no disciplinary authority.
The attempt to terminate the complaint "begs the question, what do they want to hide," Mr. Gratl added. He accused the RCMP in B.C. of using stalling tactics in cases where someone has been shot by police or has died in custody.
The RCMP led the investigation into the death of 16-year-old Kyle Tait, who was a passenger in a stolen car when he was shot and killed by Constable Todd Sweet of the New Westminster police last August. The RCMP investigation of the officer's conduct in the shooting of Mr. Tait was not forwarded to the Crown until last month and it is still reviewing the file. Constable Sweet, who has been a defendant in four lawsuits alleging excessive force, two of which are ongoing and two of which were settled out of court, is on administrative duties. They include the training of police recruits at the Justice Institute of B.C.
The lengthy period to investigate and then determine whether there should be charges in these cases also delays a mandatory coroner's inquest.
The B.C. Coroner's Service confirmed Friday that it will hold an inquest in January into the death of Kevin St. Arnaud, who was shot to death in December 2004 during a police chase by an RCMP officer in Vanderhoof.
The Crown announced in February, 14 months after the shooting, that no charges would be filed. The RCMP complaints commission is reviewing the conduct of the police force in that case.
"Ideally, we would hold an inquest within 12 months of the death occurring," said Jeff Dolan, the assistant deputy chief coroner of B.C.
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