Tag Archives: Montreal

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.


Inquest Ordered into Killing of Michel Vienneau by Killer Bathurst Cops Patrick Bulger and Mathieu Boudreau

On Friday, November 24, 2017, the Office of the Attorney General and the Department of Justice and Public Safety in New Brunswick announced a coroner’s inquest into the 2015 shooting of Michel Vienneau by Bathurst Police Force constables Patrick Bulger (38) and Mathieu Boudreau (28).

Michel Vienneau, a 51-year-old Tracadie resident, was shot and killed in a Bathurst Via Rail parking lot on January 12, 2015 after the two officers, who may not have been clearly identified, attempted to detain him. The police were acting on an anonymous tip that Vienneau was carrying “a load of drugs” with him as he returned from Montreal with his partner Annick Basque. The tip proved to be completely false and Vienneau had no criminal record. Constables Patrick Bulger and Mathieu Boudreau were charged with manslaughter by means of an unlawful act, assault with a weapon, and unlawfully pointing a firearm but were let off by provincial court Judge Anne Dugas-Horsman.

Upon hearing of the inquest announcement that he had requested, Nicolas Vienneau, the victim’s brother stated: “We have been living three years of hell” (quoted in MacKinnon 2017). Reflecting on the pain his mother (85) and father (88) have been through, he suggested that they are still “terrorized”: “It’s terrible to live like this” (quoted in 2017). In his view: “If we can find some justice, it will not [help my little brother], but maybe it will give us a little bit of peace” (quoted in MacKinnon 2017).

Only days before the inquest was announced, Crown prosecutors gave notice that they would not be appealing the court decision of February 24 , 2017, in which provincial court Judge Anne Dugas-Horsman decided to drop charges against the two killer cops. The announcement by prosecutors resulted in a lifting of the publication ban on the trial and raised serious questions about the court’s actions, as we reported at the time. The Crown had sought a judicial review of Judge Dugas-Horsman’s decision, seeking to have it overruled, but Court of Queen’s Bench Justice Tracey DeWare dismissed that application in October.

Nicolas Vienneau reports that the family is “still in shock” over the decision not to appeal (quoted in MacKinnon 2017). He is left to ask: “How can justice allow a person to be shot dead…sitting in his car in motion, by two policemen in civilian clothes…with [an] unmarked car?” (quoted in MacKinnon 2017). The short answer is that the killers were cops and in the Canadian context they are allowed to kill with impunity. But more detailed answers are needed. The family remains perplexed that civilian witnesses were not questioned during preliminary inquiry, which they view as inadequate.

Nicolas Vienneau plans to bring a petition to the House of Commons to have the identity of the Crime Stoppers tipster revealed. In his words: “My family still believes that the tipster of this false information…is the key to the puzzle” (quoted in MacKinnon 2017)

Bulger and Boudreau are still working as officers but face a professional conduct investigation by the New Brunswick Police Commission. That investigation had been suspended while criminal charges were still in effect. With the conclusion of criminal proceedings that investigation will resume.

Annick Basque is suing killer cops Bulger and Boudreau as well as the City of Bathurst.

 

Further Reading

MacKinnon, Bobbi-Jean. 2017. “Michel Vienneau’s Family Hopes Inquest into 2015 Shooting Death Will Provide Answers.” CBC News. November 24. http://www.cbc.ca/news/canada/new-brunswick/michel-vienneau-coroner-inquest-bathurst-police-shooting-1.4417683


Court Actions Questioned in Killing of Michel Vienneau by Constables Mathieu Boudreau and Patrick Bulger

Michel Vienneau, a 51-year-old man from Tracadie, New Brunswick, was shot and killed by Bathurst police officers Mathieu Boudreau (now 28) and Patrick Bulger (now 38) outside the Bathurst VIA Rail station on the morning of January 12, 2015. Despite serious questions about police killing of an innocent man under questionable circumstances, in which police had no “reasonable and probable” grounds to arrest, charges against the officers were dropped by provincial court Judge Anne Dugas-Horsman. Now that the Crown prosecutor has chosen not to appeal, the publication ban on evidence presented during the officers’ preliminary inquiry has been lifted. Emerging details raise further questions about the killer cops’ actions and the judge’s decision not to try their cases.

Police intercepted Vienneau as he arrived by train from a Montreal vacation with his common-law partner, Annick Basque. Police were acting on an unconfirmed and unverified anonymous tip that Vienneau was carrying an unspecified “load of drugs” back from Montreal with him. An RCMP investigation following Vienneau’s killing found that the tip was completely false. Vienneau not carrying any drugs, and he had no previous record with police. He was completely innocent of the claims made anonymously against him, yet police killed him shortly after encountering him. Constable Boudreau fired four shots at the victim who was inside his car at the time.

It seems that there was some pressure on Constable Bulger to make a big bust, and a concern that he might have missed it. When the tip came in just before 10 AM that morning, a supervisor is reported as saying to Bulger, “you missed a load this morning.”

Six police officers attended the Via Rail train station in Bathurst in three unmarked cars to intercept Vienneau. Curiously, they did not take the opportunity to arrest Vienneau immediately but instead waited until he and Basque disembarked the train, picked up their luggage and entered their vehicle.

Basque’s account of the police attempt to arrest Vienneau differs greatly from the one provided by the officers. She says that she did not even know that the men accosting them were police officers. When Bulger exited his car with a gun in his hands, she reports that Vienneau tried to drive by him, moving slowly. Basque suggests that when she heard gunshots her first thought was that the men were “going to kill everyone.”  Not realizing that they were police officers, she fought against her arrest until she recognized some uniformed officers.

The Crown’s case raised the fact that the police had no “reasonable and probable” grounds to arrest Vienneau in the first place because the tip police were acting on was unreliable and unverified. Details released reveal that the preliminary inquiry heard that less than an hour elapsed between the time police received the tip was and the time that they arrived at the train station. In fact, the tip was not investigated by police and, incredibly, several officers had not even read it fully.

In the decision of February 24 , 2017, provincial court Judge Dugas-Horsman stated that she simply did not feel Boudreau and Bulger had acted illegally. It seems that Judge Dugas-Horsman made several contortions of logic to let the police off. First, the judge found that ‘”not having reasonable and probable grounds’” for an arrest did not make for an unlawful arrest. She then said that technically an arrest never happened because, well the police killed Vienneau before he was fully under arrest (even though he was “technically” detained in his vehicle). The judge then gave officers another excuse, suggesting that officers have the right to stop vehicles under the Motor Vehicle Act. Judge Dugas-Horsman then went further offering the copaganda excuse that anyone disobeying a police order to stop (as Bulger says he did without independent confirmation of the order or whether Vienneau ever heard it if it were given). According to Dugas-Horsman (in full cop defense mode): “This failure to stop heightens the suspicion of a police officer, who is then entitled to wonder why the person is not stopping,.” The state protects the state and goes out of its way to do so in protecting killer cops.

The only testimony presented at the preliminary hearing, apart from that provided by Annick Basque, was provided by several police officers. The Vienneau family has raised questions about this. They ask why none of the civilians who were present at the train station were asked to provide their versions of what they witnessed that day. The family has also asked why no one has bothered to investigate where the anonymous, and false,  tip came from in the first place.


23-Year-Old Dies in Police Custody at Montreal Courthouse (Nov. 8, 2017)

A 23-year old man has died in police custody after being transferred to the Montreal municipal courthouse. The Independent Investigations Bureau (BEI), the agency that examines cases of police harm to civilians in Quebec, has assigned a team of 15 investigators to examine the circumstances of the death. According to the BEI, initial reports suggest the victim was arrested by Montreal police at 10:40 PM on the evening of Tuesday, November 7, 2017. On Wednesday, November 8, at around 7:30 AM he was transferred to the Montreal municipal courthouse where he was set to await his court appearance later that day. BEI claims that at around 8:55 AM officers assigned to watch the prisoners became aware that the victim was on the ground and apparently unconscious. He was transported to hospital where he was pronounced dead only one hour later. Details of this case have not been independently confirmed publicly.


Montreal Killer Cop Christian Gilbert Pleads Not Guilty: Killed Bony Jean-Pierre

Montreal police officer Christian Gilbert, who killed Bony Jean-Pierre (46) in April 2016, has pleaded not guilty to the manslaughter charge against him. Gilbert shot Jean-Pierre in the head with a plastic bullet during a raid. The killing of Jean-Pierre sparked an uprising in the Montreal North Neighborhood where the shooting happened. The charge against officer Gilbert represents only the ninth time since 1999 that an officer has been charged in the injuring or killing of a civilian in Quebec.

Gilbert was not present in court for the July 6, 2017 appearance.  His defence lawyer Isabelle Briand also informed the court that Gilbert wants a trial by judge and jury. Gilbert’s next court date is scheduled for August 29, 2017.


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.