Category Archives: Black Lives Matter

Investigation into Death of David Tshiteya Kalubi (23) in Custody of Montreal Police (Black Lives Matter)

Quebec’s Independent Investigations Bureau (BEI), the unit that examines police harm to civilians in the province, is investigating the in custody death of David Tshiteya Kalubi, a 23-year-old Black youth. Kalubi, who was arrested by Montreal police in his own neighborhood of Hochelaga, was declared dead less that 12 hours after his arrest.

Little information has been released publicly. Police say Kalubi was stopped by officers in Hochelaga and arrested on an outstanding warrant after police ran a background check. The BEI has not stated publicly what the outstanding warrant was for, only that it involved a municipal offense.

Community activists in the city, which has seen many cases of lethal police violence against civilians, and disproportionately against Black people, are raising concerns about Kalubi’s death and the actions of police. Racial profiling and so-called carding, where people are stopped by police and subjected to interrogation and/or background checks, have been strongly condemned by community members in cities across Canada. Carding goes hand in hand with profiling as Black people are disproportionately stopped for carding checks in Canadian contexts. Kalubi is of Congolese background.

Montreal police reportedly took Kalubi to the station, where he spent the night before being transferred to the municipal courthouse in Old Montreal to appear before a judge, according to the BEI. The transfer took place at 7:35 AM. Only a little more than an hour later, at 8:55 AM, a guard noticed that Kalubi was on the floor and appeared to be unconscious. He was then taken to the hospital and declared dead at 9:55 AM. Community members are raising concerns that Kalubi was subjected to differential, discriminatory, treatment because of histories of police racism in Montreal. The family, for its part has not raised the issues of racial profiling. According to the family’s lawyer, Virginie Dufresne-Lemire: “For the moment, there’s not enough information to know if it’s a case of racial profiling, but with a young black man arrested it can look like racial profiling” (quoted in MacArthur 2017).

Dan Philip, the executive director of the Black Coalition of Quebec has said publicly that it took police seven hours to notify his mother and family of Kalubi’s death. Even then, police took the opportunity to  first interrogated the family about Kalubi, before telling them he was dead, according to Philip. Said Philip, in an interview with CBC News: “They felt it was a travesty. They felt there was no compassion. They felt that there was no concern about either the death of the young man or the family themselves who have to mourn the situation” (quoted in MacArthur 2017).

Community advocates have little confidence that the BEI will provide satisfactory answers to the family’s many questions. Critics have long pointed out that the BEI includes several former police officers among its active members.  As Philips suggests: “It’s the police investigating the police. They have no interest in finding out why did he died and what negligence caused his death” (quoted in MacArthur 2017). It has also been pointed out repeatedly that the BEI lacks any meaningful diversity. It is expected that their report will not be released for another year yet.

 

Further Reading

MacArthur, Cecilia. 2017. “After a Young Man Dies in Custody, a Family Searches for Answers.” CBC News. November 24 http://www.cbc.ca/news/canada/montreal/david-tshiteya-kalubi-montreal-police-1.4416153

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Killer SQ Cop Patrick Ouellet’s Charge For Killing 5-Year-Old Nicholas Thorne-Belance Will Not Be Dropped

Killer Quebec cop Patrick Ouellet, a member of the provincial force the Sûreté du Québec (SQ), will not have the charge dropped for killing  five-year-old Nicholas Thorne-Belance in 2014, a Quebec judge has decided. Ouellet had filed a motion seeking to have the charge of dangerous driving causing death dropped and has alleged interference in the case by Quebec Justice Minister Stéphanie Vallée.

Ouellet was involved in a police surveillance operation in which he was tailing the director of the Quebec Liberal Party in an unmarked car on February 13, 2014. During this operation officer Ouellet crashed into a car in which Thorne-Belance was a passenger in Longueuil, south of Montreal. Oullet’s care was traveling at a speed in excess of 120 kilometers per hour in a 50 km/hr zone. The young Thorne-Belance died in a hospital a few days after the crash.

The Crown prosecutor had initially decided not to lay charges, the usual result in cases of police killing civilians, even children, in Canada. A single charge was filed against Ouellet in 2015 after Vallée ordered an independent review of the case amid strong public pressure. Quebec Court Judge Denys Noel ruled on November 21, 2017, that there was no interference on Vallée’s part. Concluded Judge Noel: “One cannot infer from the evidence that the minister ordered the director (to file the charge). There is no evidence of abuse of procedure that would allow for the proceedings to be dropped.” Killer cop  Patrick Ouellet’s trial is scheduled to begin in June, 2018.


Killer Cop Daniel Montsion’s Lawyer Claims Vicious Beating Did Not Kill Abdirahman Abdi

There used to be an old saying, “Help the police, beat yourself up.” Now Michael Edelson, the lawyer for killer Ottawa cop Daniel Montsion, wants a court and the public to believe that the vicious beating his client inflicted on 37-year-old Abdirahman Abdi had nothing to do with killing him. Instead, he suggests Abdi died of a heart attack. And he apparently wants people to believe that, even if he did have a heart attack, a severe beating with baton by police did not play a part in it. So, according to copagandist Edelson, Abdi is responsible for his own death: not the brutal assault he was subjected to. Maybe he beat himself to death.

Edelson made these absurd and offensive claims in an attempt to move up the court date for officer Montsion. According to audio court transcripts from the October 20 hearing, Edelson suggested: “This is not a beating that caused the death of Mr. Abdi. Mr. Abdi died of a heart attack. That’s what killed him.” Montsion has been charged with manslaughter, aggravated assault, and assault with a weapon in the killing of Abdi in July 2016.

The lawyer’s request to move the trial date was denied. The 12-week trial remains scheduled to start in February 2019, which is almost three years after Abdi’s killing.


Coroner’s Inquest Called into Toronto Police Killing of Kwasi Skene-Peters in 2015

A coroner’s inquest into the police shooting and killing of 21-year-old Kwasi Skene-Peters on July 25, 2015 has been announced. On August 2, 2017, Dr. James Edwards, the regional supervising coroner for Central Region (Toronto Easy office) gave notice of the inquest.

An SIU (Special Investigations Unit) investigation of the killing concluded that Toronto police had been instructed to set up surveillance at the Tryst nightclub on reports that Skene-Peters would be present. The Toronto Anti-Violence Intervention Strategy (TAVIS) (ironically) was also on hand to provide “additional officer support” and were parked in a nearby alley. Skene-Peters was in his car around 3 AM when a civilian vehicle boxed him in and police decided to make a charge on the vehicle.

Notably, a witness who spoke with CBC Toronto at the time reported that between 20 to 30 shots were fired and he did not hear police make any demands toward Skene-Peters before opening fire on him (CBC News 2017). Upon hearing the shots the witness fled in fear. Could a less dramatic approach by police avoided taking of a life in this case? Particularly given that Skene-Peters was in a vehicle and boxed in and police had positioning.

The SIU report noted that both of the officers who shot Skene-Peters declined to participate in the SIU investigation. There is currently no mechanism used to make killer cops comply with SIU investigations.

 

Further Reading

CBC News. 2017. “Coroner Calls Inquest into Death of Man Shot by Police in Entertainment District in 2015.” CBC News. August 2. http://www.cbc.ca/news/canada/toronto/kwasi-skene-peters-inquest-1.4232591


Inquest Rules Policing Killing of Andrew Loku Homicide, Highlights Anti-Black Racism

Andrew Loku (45), a refugee from South Sudan who suffered PTSD from experiences of torture, was shot and killed by Toronto police officer Andrew Doyle on July 5, 2015. On Friday, June 30, 2017, jury members in a coroner’s inquest into the killing ruled that his death was a homicide. Unfortunately, the Special Investigations Unit, the oversight body that examines cases of police harm to civilians had already decided, in March 2016, that Constable Doyle would not face criminal charges

The month long inquest headed by Dr. John Carlisle had gone beyond previous coroner’s inquests into police killings by actually addressing, at least in part, the role of racism in policing as influencing the actions of Constable Doyle and his partner Haim Queroub and contributing to their lethal use of force. During the inquest officer Doyle admitted to having almost no experiences interacting with Black men (Perkel 2017). Neighbors described Mr. Loku, a father of five, as a sweet man. Doyle and Queroub responded to him as something else. Lawyers argued that the officers’ fear of Black men contributed to their violent actions. It seems the inquest jury agreed.

 

The 39 Steps

The inquest jury made 39 recommendations which were read into the record by by coroner John Carlisle Among the recommendations are these:

Training police on implicit bias and anti-black racism.

Collecting race-based data, to be made public, and funding research to analyze the data.

Equipping police cars with less lethal means of force, including shields and helmets.

Allowing front-line officers to be equipped with Tasers.

Additional training for 911 operators to elicit more information during a call that can help aid in de-escalation.

 

Canadian Mental Health Association executive director Steve Lurie noted: “You have to pass a test on whether you know how to fire a gun, but you don’t have to pass a test on whether you know how to de-escalate” (quoted in Ghebreslassie 2017a).

The inquest ruling said that police officers should be exposed “to the perspectives and lived experience of racialized communities, the Black community and individuals with mental health issues and/or addictions.” Among the recommendations provided by the jury was that police be required to measure the effectiveness of training related to “anti-black racism and persons in crisis” through means of written and oral examinations. Officers should also be tested for implicit racial bia, and re-attend the training if they fail any of these.

Loku family lawyer Jonathan Shime said to reporters afterward that Andrew Loku should not have had to die for recommendations like these to raised and implemented. In his words: “To be frank, Andrew’s not here, and this whole inquest was necessary because somebody died and children are now without their father and sisters are now without their brother” (quoted in Ghebreslassie 2017a). This is the underlying truth in this.

On the whole the recommendations are not remarkable and some have been raised too many time before. They do not address the structural role of police and policing within state capitalist political economies and do not address their ongoing systemic measures as upholders of settler colonialism, white supremacy, and exploitation. But, that, of course will not be addresses through any state venue such as an inquest. The community groups and mobilizations around police racism and violence have shown the real possibilities for change and the necessity for change.

 

Institutional Racism and Police Violence

Observers of the inquest have commended the fact that finally an inquest has highlighted intersections between racialization, racism, mental health, and police violence. In Shime’s words: “The reality is a disproportionate number of black men are dying at the hands of police, and it’s time for that to stop. We need to reduce that to zero” (quoted in Ghebreslassie 2017a). As Shime and others have noted, the inquest made very clear that racism contributed to the police killing of Andrew Loku and officers did not need to use lethal force against him. The recommendations address, if insufficiently, issues of explicit, conscious, as well as implicit, subconscious, racism.

The inquest had heard how six people in the apartment complex had interacted with Loku ahead of the arrival of police. Neighbors said that they said they had been able to calm Mr. Loku down and that, in fact, he was about to hand over the hammer he was holding when the police officers charged onto the floor and confronted him (Perkel 2017). Within around 20 seconds of their arrival Constable Doyle fired twice, hitting Mr. Loku on the left side of his chest.

Shime argued that the officers panicked, in part because Andrew Loku was Black. In his words: “I don’t think Andrew needed to die. There were a number of failings with respect to the training and the handling of this situation that precipitated his death” (quoted in Perkel 2017). The issues go well beyond training of course.

Kingsley Gilliam, with the Black Action Defence Committee, identified systemic racism. In his words, following the inquest: “They recognized that anti-black racism, racism and institutional racism are problems and that racism permeates society” (quoted in Perkel 2017). Gilliam, went further, calling Loku’s death “an execution” (quoted in Perkel 2017).

Lawyer Selwyn Pieters, also with the Black Action Defence Committee, called out the stereotyping of Black men as aggressive and violent. In his words: “When you stereotype black people, particularly men that way, it is more likely to lead to very unfortunate outcomes for black men” (quoted in Perkel 2017). For Constable Doyle it seems that the stereotypes were all that he drew on in the encounter.

 

Black Lives Matter: Community Mobilization is Key

Pieters further said that there will be community mobilization if the recommendations of this inquest are not implemented. Clearly community members will we watching to see what happens with the recommendations. Pieters told reporters that the BADC wants to see all 39 of the inquest recommendations implemented within one year, along with those of an ongoing police oversight review by Justice Michael Tulloch, or there will be an active response. In the words of BADC member Kingsley Gilliam: “We are going to hold their feet to the fire” (quoted in Ghebreslassie 2017b).

The significant role of Black Lives Matter and other community organizers has to be acknowledged and lauded, both in initiating the inquest and in seeing issues of racism addressed. They also have to be lauded for broadly reframing public perceptions of policing in general. As Pieters suggests:

 

“There’s advocacy in the court and there’s street advocacy. You’ve seen Black Lives Matter were outside of police headquarters for two weeks to get this Loku inquest. I’m sure they’ll be watching this inquest with interest and they will respond appropriately if the recommendations aren’t implemented. They fought for this” (quoted in Ghebreslassie 2017b).

 

Friday’s ruling is not a criminal one, as the Loku family’s lawyer Jonathan Shime explained outside of the inquest Friday. In a coroner’s inquest, the word is used to mean a death was the result of someone’s action.

 

Further Reading

Coroner’s Jury Verdict. 2017. http://s3.documentcloud.org/documents/3883244/Andrew-Loku-Verdict-of-Coroners-Jury.pdf

Ghebreslassie, Makda. 2017a. “Andrew Loku’s Police Shooting Death Deemed ‘Homicide’: Coroner’s Inquest.” CBC News. June 30. http://www.cbc.ca/news/canada/toronto/andrew-loku-inquest-recommendations-1.4185715

Ghebreslassie, Makda. 2017b. “’We Are Going to Hold Their Feet to the Fire’: Advocates Want Loku Inquest Recommendations in Place in 1 Year.” CBC News. June 30. http://www.cbc.ca/news/canada/toronto/andrew-loku-inquest-recommendations-1.4185715

Perkel, Colin. 2017. “Inquest Jury Makes Anti-Racism Suggestions in Police Killing of Black Man.” Winnipeg Free Press. June 30. http://www.winnipegfreepress.com/canada/police-killing-of-andrew-loku-in-july-2015-in-toronto-ruled-a-homicide–431803453.html

 


Racism, Poverty, Mental Health, and the Montreal Police Killing of Pierre Coriolan

An intersection of racism, poverty, mental health distress, and police violence has once again had a  deadly outcome. The 58-year-old man shot multiple times and killed by Montreal police has been identified as Pierre Coriolan, a Black male of Haitian background who was know to suffer mental health issues. It has now been further revealed that Coriolan was facing eviction from the apartment he had been living in since 2008 on July 1, 2017, and that this had understandably greatly distressed him. The eviction order was issued against Mr. Coriolan by the Quebec rental board on June 1 according to Claudine Laurin, director general of la Fédération des OSBL d’habitation de Montréal, an organization of subsidized housing apartments. That a subsidized housing association would evict someone over mental health issues is troubling.

Police were supposedly responding to a call that Mr. Coriolan was breaking things in his apartment when they showed up and shot him. It has not been stated publicly why police chose to shoot someone multiple times for smashing his apartment but the earlier mentioned intersectional factors offer something of an answer, particularly the engrained violence of police. When Urgence-Santé arrived at the scene of the shooting around 7:30 PM, Mr. Coriolan was in cardiac arrest. He was taken to hospital and died at about 9:45 PM.

Neighbors have said that they sometimes heard Mr. Coriolan screaming and plates breaking in the apartment but insist that he did not bother them and they understood that he was not well. They did not fear him and were not disturbed by him. Neighbors expressed shock over the police actions.


Montreal Police Kill Another Black Man (June 27, 2017)

The Montreal police have a terrible history of killing Black civilians. The names of some of the victims, such as Presley Leslie, Marcellus Francois, and Alain Magloire, give testimony to that fact. That is only part of the story as Black residents regularly speak out against racial profiling and violence directed against them by Montreal police. It is important to note, then, that the 58-year-old man shot multiple times and killed by Montreal police on June 27, 2017, has been identified as a Black man by the BEI (Bureau des enquêtes indépendantes, Bureau of Independent Investigations), the agency that examines cases of police harm to civilians in Quebec. The victim has not yet been named.

The killing again raises many questions about the Montreal police force (though racism and regular deployment of lethal force are standards of police forces across Canada at municipal, provincial, and federal levels). As Fo Niemi, the executive director of Montreal’s Centre for Research Action on Race Relations, suggests: “It raises the question, ‘where do we go from here?’ Is this a case where race plays a role in this incident? Is it mental health? I think there are a lot of questions here that need to be asked because this is not a situation that should occur too often in this city” (quoted in CBC News 2017).

Before being shot the man had only been suggested to be breaking things in his apartment. Surely not a capital, or even particularly harmful “offense.” As community activist Will Prosper, a former RCMP officer, puts it the man appears not have been “presenting a menace to anyone except to his apartment” (quoted in CBC News 2017). Yet police moved to coercive, then lethal means. Questions must be asked about the role of racism, or implicit bias, in this.

Critics note that police use of threatening behavior and the display of weapons will only make the situation worse in a case of someone experiencing mental distress or already feeling anxious and defensive. As Prosper suggests: “That’s not what you need to preserve the life of the citizen. It’s going to do the [complete opposite], and I think that’s probably what happened in this case” (quoted in CBC News 2017). In Prosper’s view, the man could have benefited from someone talking to and calming him down without the presence of weapons. In Prosper’s words: “If you’re saying ‘calm down’ and you have the gun pointed at his face, that’s not going to work” (quoted in CBC News 2017). This is why police should not be sent in such cases in place of health care providers (if anyone needs to be sent for smashing dishes at home at all).

Police racism and the killings of Black men have received too little public attention and ire. These realities have been ideologically downplayed by governments at all levels. They have also been distorted and denied by police officers, forces, and associations. Criminologists in Canada have also done too little to expose and challenge these issues, too often playing the part of police apologists. Black Lives Matter activists and movements have done much work to shift understandings in the Canadian context.

 

Further Reading

CBC News. 2017. “’Where do We Go from Here?’ Fatal Shooting by Montreal Police Raises Hard Questions.” CBC News. June 28. http://www.cbc.ca/news/canada/montreal/montreal-police-shooting-mental-illness-1.4181469