Inquest into Police Killing of Craig McDougall Sees No Racism Despite Mistreatment of Family, Eight Year Delay

Racism and policing have gone hand and hand in the Canadian context. From the settler colonial violence of the RCMP through contemporary practices from carding to assaults upon racialized people and communities. The settler colonial character of the Canadian state continues in the current context in the disproportionate arrest and incarceration of Indigenous people and the exertion of violence, often lethal violence, against them.

Not surprisingly the Canadian state and the various institutions of criminal justice have stridently denied claims of racism. Inquiries into police violence typically offer findings that diminish or deny the part of racism in police actions. Such an outcome was delivered again on May 12, 2017 with the results of the inquiry into the killing of Craig McDougall, a young Indigenous man, by Winnipeg police, a force with a long and notorious history of racist violence.

Twenty-six-year-old Craig Vincent McDougall was shot and killed by police outside his father’s home on Simcoe Street in Winnipeg on August 2, 2008. Police claimed to be responding to a 911 call when they arrived at the home in the early hours of August 2.  They suggest that found McDougall outside the house holding a cell phone and a knife. One officer shot him with a taser. He was then shot with a firearm which killed him. A private investigator who examined the case has cast doubt on the assertion that Craig McDougall held a knife at the moment he was shot.

Incredibly, the victim’s family members were immediately arrested and put in handcuffs on the front lawn, an act of what criminologists term the dramatization of evil, designed to denigrate and humiliate people targeted by the system. Jonathan Rudin, an expert witness on Indigenous people, policing, and the criminal justice system, testified that the treatment of McDougall’s family after the young man was shot exemplified systemic racism as the victims were assumed by police to be criminals and were treated as such.

Still, despite the actions of police, the inquest concluded that there was no evidence of racism in the police actions. It offered the typical statist finding that police were justified in their actions. In the inquest report, Associate Chief Judge Anne Krahn wrote there was “no evidence of racism direct or systemic in the moments leading to the shooting of Craig McDougall.” The judge found the arrest of McDougall’s father and uncle to be a simple misstep. In her words: “there were missteps in the immediate aftermath of the shooting when Craig McDougall’s uncle and father were left handcuffed and detained without lawful authority.” Such is the normalization of racism in the Canadian criminal justice system. Atrocious actions become mere missteps.

Critics point out that treating the family members in such disrespectful and accusatory fashion exemplifies racism. One might add the little regard shown for the family or the community in the eight year delay between the killing and the inquest report. It could be suggested that such an egregious delay would never be accepted in the case of a killing (by anyone) of a white, privileged victim. Of course police, and police associations, seek to delay and divert inquests to benefit their own interests.

The inquest report even contradicts its own conclusions by making recommendations that imply racism by police. Among these recommendations are that the police service should consider delivery of implicit bias training for its members at regular intervals (a recognition of racist assumptions) and work with Indigenous organizations to develop programs.

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