Tag Archives: Canada

IIO Determines RCMP Killed Man the Force Claimed Killed Self

There has long been a concern, a suspicion, that police claim victims of police shootings have died of self-inflicted wounds when, in fact, they were killed by officers. (That suspicion has been particularly strong in cases where police investigate police.) One such case was confirmed on Monday, June 26, 2017 when the Internal Investigations Office (IIO) in British Columbia, the oversight agency that examines cases of police harm to civilians overturned an RCMP claim that the June 18, 2017, death of a Lower Mainland man had died of a self-inflicted wound despite police firing shots at the man. The IIO has determined that the man killed in Port Coquitlam, in fact, died from a police bullet.

In a media release on Juen 26, IIO spokesperson Marten Youssef declared: “Initial reports made to the IIO … by the RCMP, suggested that a distraught male may have shot himself following an exchange of gunfire with police. Following an autopsy, it has been determined that the male’s death was not self-inflicted.” In the initial, confused, report from the RCMP the force had made it seem publicly that the man had killed himself. That was the impression they shaped for the public.

The IIO  reported that it had interviewed six police officers and 30 witnesses over the past week. They have additionally reported that in the hours after the police killing a male relative of the man killed also received “serious injuries.” That situation is still being investigated. No police officers were injured.

While recognizing the numerous problems with the IIO, one can speculate how the initial RCMP claims might have been treated had another police force investigated the present case. RCMP distorting facts for public management after killing someone is not unique in the province as the killing of Robert Dziekanski showed.


IIO Investigates after Man Dies During Police Encounter, Shots Fired

The Independent Investigations Office (IIO), the agency that examines cases of police harm to civilians in British Columbia, is investigating the death of a man during an encounter with police in which shots were fired by police. Publicly available details are sketchy at the moment but it is suggested by the IIO that RCMP responded to a report of a distraught man threatening to harm himself outside a home in Port Coquitlam, Metro Vancouver, Sunday June 18, 2017. The IIO statement is unclear and suggests only that the man fired shots  into the air, yet there is an investigation into whether his injuries were self-inflicted. Police are said to have fired weapons during the encounter and the victim was found dead after RCMP fired.


SIU Investigates Death of Man Following Call from Police

The Special Investigations Unit, the institution that investigates cases of police harm to civilians in Ontario, is examining the death of a Smiths Falls, Ontario man who apparently shot himself after receiving a phone call from a police officer threatening arrest for undisclosed reasons. On June 3, 2017, an officer of the Ontario Provincial Police phoned the man and spoke to him of a pending arrest, according to the SIU media release. At about 3:20 PM that same day, the man called 911, reporting that he had suffered a self-inflicted gunshot wound. Paramedics and police responded and the man was airlifted to the Civic Hospital in Ottawa. He would die there of his injuries on June 9, pronounced dead at 7:47 PM. The SIU has assigned three investigators and two forensic investigators to examine the circumstances of the man’s death. Nothing has been released publicly about the nature of the police call to the man or the reasons such a call might have been made or such an approach taken by police.


Institutional Racism Finally Addressed at Inquest into Toronto Police Killing of Andrew Loku

A report published by the Toronto Star In August 2015, one month after Andrew Loku was shot and killed by Toronto police officer Andrew Doyle, found that, of the 51 fatal shootings involving the Toronto police between 1990 and 2015, at least 18 involved Black men (Gillis 2017). This represented 35 percent of fatal police shootings (Gillis 2017). In another 17 cases, or 33 percent, the racialized background of the victim of the police killing was deemed not identifiable with certainty (Gillis 2017). The population of Black people in Toronto over that time was approximately nine percent. Despite this fact there had been reluctance by some, including the coroner, as well as expected opposition from police, to address the issue of institutional racism among police head on and by name in the inquest into Andrew Loku’s killing by police.

Marianne Wright, the lawyer representing Toronto Police Chief Mark Saunders, said parties to the inquest “should stick to the notions which are within the scope of the inquest. I’m struggling with the emotional content of the word racism” (quoted in Gillis 2017). Others struggled with the emotional content of racism itself and the racist actions of killer cops in Toronto.

Howard Morton, the lawyer for community group Across Boundaries, a mental health organization working for racialized communities and the organization that called McKenzie as a witness, argued that there was “nothing wrong with confronting a live issue like racism. To deprive me of the use of the word racism . . . it just confounds me and I’m flummoxed to the nth degree about why we’re all afraid of that term” (quoted in Gillis 2017).

The discussion of institutional racism centered on the looming testimony of Dr. Kwame McKenzie, a psychiatrist and the director of health equity at the Centre for Addiction and Mental Health, who was set to address organizational practices and racism. His work argues that organizations need to acknowledge that racism exists in their institutions in order to effect change.

Coroner and inquest head Dr. John Carlisle ruled late Monday, June 19, in the third week of the inquest, that “questions of the witness will not explore the topic of racism” (quoted in Gillis 2017). That decision led to an application from Black Action Defence Committee (BADC) lawyer Selwyn Pieters requesting a reconsideration. Pieters’ application asked that McKenzie “be permitted to testify in respect to racism…particularly systemic and institutional racism” (quoted in Shahzad 2017). In his words: “It is a manifest error in the context of this case to speak of implicit bias and exclude racism. Racism is the elephant in the room in this case” (quoted in Gillis 2017). Implicit bias had been addressed by psychology professor Dr. Nicholas Rule in the inquest’s second week, but institutional racism itself had not been explicitly discussed.

Dr. Carlisle’s ruling was not overturned but council reached an agreement that discussion of institutional racism would not be prohibited. In Pieter’s words: “Today, the witness was able to be questioned unimpeded and to delve into the issue of racism, and anti-Black racism, and I think we made some headway” (quoted in Gillis 2017). He continued: “Dr. McKenzie was able to give us evidence unimpeded in respect to racism and what institutional structures need to be changed in order to foster a culturally inclusive environment that is free from racism” (quoted in Shahzad 2017).

For his part, when questioned about institutional racism at the inquest, Dr. McKenzie noted that “training by itself won’t make the difference…more has to happen throughout the institution” (quoted in Shahzad 2017). Yet policing in Canada is founded in colonial and racist violence. Policing institutions have had generations to change but no impetus to do so.

Idil Abdillahi, a former board chair for Across Boundaries, concluded: “We can’t ignore that this man was a Black man. This active refusal to engage race and racism is what we see playing out here” (quoted in Gillis 2017). It is the racism at the heart of policing in Canada.

 

Further Reading

Gillis, Wendy. 2017. “Final Witness Prompts Debate over Racism at Andrew Loku Inquest.” Toronto Star. June 20. https://www.thestar.com/news/gta/2017/06/20/11th-hour-motion-says-racism-must-be-discussed-at-andrew-loku-inquest.html

Shahzad, Ramna. 2017. “Expert Psychiatrist Testifies on Institutional Racism at Andrew Loku Inquest.” CBC News. June 20. http://www.cbc.ca/news/canada/toronto/loku-motion-racism-1.4169115

 


Killer Cop Michelle Phillips Charged for Driving Over 41-Year-Old Man

It is among the rarest of a rarities. A police officer who kills a civilian actually being criminally charged with something. Anything. On Friday, June 16, 2017, killer cop Michelle Phillips, an RCMP constable in Alberta, was charged with one count of dangerous driving causing death and one count of dangerous driving causing bodily harm for driving over and killing a 41-year-old pedestrian who had been injured in a prior collision and striking and seriously injuring a 71-year-old man who was helping the injured man. The crash and killing occurred on August 21, 2016, on Highway 881 near Anzac, Alberta, 420 kilometers north of Edmonton.

The charges were announced by the Alberta Serious Incident Response Team (ASIRT), the agency that investigates cases of police harm to civilians in the province. The ASIRT release described officer Phillips’ actions as follows:

 

“While responding at an extremely high rate of speed, the officer came upon a number of vehicles stopped on one side of the highway with their lights on and proceeded to drive past these vehicles without slowing. Unfortunately, this location was where the pedestrian had been originally struck and the officer ran over the injured pedestrian prone on the roadway with the police vehicle, killing him, and striking the hand of a 71-year-old man who had been rendering aid to the pedestrian, causing serious injury.”

 

An internal RCMP code of conduct review is underway and the officer, who had one year of service at the time of the deadly crash, has been suspended with pay. Phillips has been released on a promise to appear. She is set to appear in Fort McMurray provincial court on August 2, 2017.

This decision is, as all such decisions are, surprising given the state’s preference for protecting police. Of course this does not mean a conviction will result. ASIRT has been criticized recently for practices that appear to favor killer cops.


Haim Queroub, Cop in Andrew Loku Killing, Tries Bogus “Suicide By Cop” Claim

Haim Queroub, the second cop in the Toronto police killing of Andrew Loku, finally spoke publicly during the coroner’s inquest into Loku’s death. Queroub, had been on the force only 11 weeks when he and shooter Andrew Doyle encountered and killed Andrew Loku in the hallway outside his apartment on July 5, 2015. Queroub used his time on the stand to hint that Loku’s  death was a “suicide by cop.”

Queroub testified that when he and officer Doyle shouted at Andrew Loku, the distressed man said, “What ya gonna do … Come on … Shoot me.” Here Queroub is trying to plant the notion of suicide by cop, a bogus excuse that killer cops and their police associations routinely use to be let off for killing civilians under a range of situations which are not suicides. Yet, as lawyers at the inquest pointed out these words could well have been spoken as questions (asking if the cops were seriously going to kill him for standing outside his apartment with a hammer). Queroub said he could not clarify whether the words he believes he heard were actually a question. Clearly in raising this, though, he is attempting to present the possibility of “suicide by cop.”

Queroub’s testimony did confirm that the two officers had no discussion about nor plan to pursue de-escalation or to address someone potentially in distress. Incredibly both officers testified that they talked about how to get to the scene but not what they would do once they got there. There was no dialogue with Loku. Instead he was shot and killed within 21 seconds of police encountering him.

Clearly, as critics have suggested, police training is not the issue. Queroub testified he had received training both on interacting with people with mental health issues and on implicit bias when dealing with racialized people and communities. He even testified he had received de-escalation training. Yet none of these came into use when officers Queroub and Doyle encountered Andrew Loku and chose to shoot him within a mere 21 seconds. Queroub testified he did not even consider the man’s  distress or how to deal with it appropriately.

And he concluded that if he had to do it over again, he would not change anything. Police do not need to because they will not be held to account for killing civilians. And they know it. Instead phony “suicide by cop” claims, or other measures, will be used to get them off or help them to sleep at night.


Police Investigating Police: Lac-Simon Officers who Killed Sandy Michel in 2016 Cleared by Montreal Police

On April 6, 2016 Lac-Simon police shot and killed 25-year-old father of three Sandy Tarzan Michel, after first hitting him with a car. On Thursday, June 15, 2017 The Director of Criminal and Penal Prosecutions for the province announced its decision not to lay charges against the officers responsible. The Lac-Simon force was not investigated by an independent body but  rather by Montreal police who made the recommendation, not surprisingly, not to lay charges.

Four officers had been sent to Michel’s home, in the Algonquin community of Lac-Simon in western Quebec just south of Val-d’Or, apparently in response to a domestic call. Police claim to have approached Michel on the basis that he was known to them. The police report says Michel exited his house carrying a machete but notes that officers drove into him with their police car. No statement on whether or not this is standard and sanctioned police procedure. Yet the Montreal police did suggest that it was legal activity with which the Director agreed with. When this did not give them the desired result an officer fired four shots and killed the man.

Since this investigation was begun Quebec has established an oversight body the Bureau des enquêtes indépendantes (BEI, Bureau of Independent Investigations). Only two days before the Lac-Simon announcement, critics held a press conference claiming the BEI was neither transparent nor effective.