Ronald MacDonald wants to go to court more…

Posted on by Pete Cross

Of course the title of this blog is not referring to that icon of our childhood, the “… Happy Hamburger Clown” of Golden Arches fame; although he has had his legal issues too (he was sued civilly for promoting child obesity.) No, this is in reference to Ron MacDonald, the current head of the Independent Investigations Office (IIO) for the Province of British Columbia. This is the group, with an annual budget of about $10 million, that is mandated to “conduct investigations into police-related incidents resulting in death or serious harm to determine whether any officer may have committed an offence”. There is a general consensus growing that the group is in trouble, it is not fulfilling it’s mandate, in fact many say they are failing and failing miserably. Mr. MacDonald himself has recently been speaking out on his own frustrations.

The police could not and should not investigate themselves was the repeated slogan coming from those of the political left of centre a number of years ago. It stirred the politicians to act in September of 2012. Like most political policy, it was the result of a political reaction to a rather immature and naive understanding of police wrongdoing. The theme had been pushed forward by a vocal minority, which in turn was then given an audience by the Davies and Braidwood inquiries, which looked into the deaths of Frank Paul and Robert Dziekanski respectively.

Paul was a 48 year old Mi’kmaq who Vancouver Police officers tried to book into the “drunk” tank, but they were turned away when the on duty Sgt said that he had only just released Mr. Paul, two hours before from cells and he wasn’t going to book him again after such a short period of time. So the officers took Paul away and returned him to the downtown alley. He was clearly still intoxicated and he subsequently died of exposure and hypothermia in the alley. However, after a total of five Crown reviews of the case, all concluded that “charges were not warranted” against the Vancouver City officers involved.

Dziekanski was a more widely reported incident where police responded to a disturbance in the Vancouver Airport, when Dziekanski a Polish immigrant who had just arrived, was wandering disoriented around the terminal and then began causing a ruckus. Four officers attended and tasered him saying they felt threatened. Dziekanski died of heart failure. The four officers believed they were both justified in their actions and within the limits of their training. Some of the officers were charged, but not for the death, but for perjuring themselves during the Braidwood inquiry. Judge Braidwood at the inquiry conclusion said that the officers “didn’t intend to cause his death”.

So what prompted the birth of the IIO was a political demand, which used as it primary evidence two cases– both of which showed there was no wrong-doing on the part of the police.

Irony aside, the first IIO chief was Richard Rosenthal, who left the job early to return to the world of academia and probably did not leave the best impression. He was then succeeded by Mr. MacDonald in 2017. MacDonald came from the legal world, he was a defence counsel for 6 years, and then a Prosecutor for 17 years and had a distinguished record. All of which makes his recent comments a little more perplexing.

In short Mr. Macdonald is now making a case and has gone public with his concerns about the lack of charges being approved in the IIO cases that were presented to Crown Counsel. What prompted his comments seems to have been, once again, a political reflex to some media pressure centred around two Indigenous cases.

One case involves a 38 year old Wet’suwet’en named Jared Lowndes, who during his arrest the police had to use a taser, a police dog, and then after ramming his vehicle, he was eventually shot in a Tim Hortons parking lot. The Crown in that case concluded and stated that they were “unable to prove that officers committed any offence in relation to the incident”.

The second case involved Dale Culver, a Wet’suwet’en and Gitxsan indigenous male who during his arrest was pepper sprayed and punched when checked by police who were answering a call where it was alleged that he was “casing vehicles”. During the course of their investigation the IIO went to three different pathologists all of whom identified the primary cause of death as “tiny blood clots in lungs”, but that the blunt force trauma by the officers was a “contributing factor”. The IIO felt that the officers should have been charged based on the “contributing factor”. The Crown in their review went to a fourth pathologist, who identified the cause of death as being “cardiac arrest due to the effects of methamphetamine”. So after seven years, the officer was given an absolute discharge.

During this time, the officer’s career has been put on hold and he had been subjected to death threats. The Union of BC Indian Chiefs, who clearly feel that they have not only the right to disagree and inflame the issue, but also feel that they should be the ultimate arbiters of any criminal case involving their own, issued a statement saying: “We have a system that says when you have a gun and a badge, you can kill any Indigenous person in any town in B.C. and not go to jail”. The stupidity of the statement went un-challenged by the government.

Mr. MacDonald regardless of whether these particular cases motivated him, says the system isn’t working. He tips his political hand a bit though when he states the people have “lost faith in the system..in particular Indigenous communities.” He may have lost faith, but far be it for me to point out to a lawyer an obvious truism. The Crown has always operated on the premise of “substantial likelihood of conviction”. They have a legal need to prove a case of guilt “beyond a reasonable doubt”. Does Mr. MacDonald not see the reasonable doubt in the Culver case?

The IIO has been on shaky ground since its inception. The mandate given from the beginning was much too broad, and this was pointed out even by Rosenthal in his departure. He said at the time that it was going to cause a backlog of causes when there was no ability to “triage” the cases.

There was also a large problem in the staffing this organization. The government of the day said that the overall intention, once established, was to have all “civilian investigators”. Remember the police could not be trusted in their theoretical framework. So they limited the ability of ex-officers who could apply, especially those from B.C. If you carry this logic forward, the thought was that investigating an “officer related shooting” did not require any policing experience or knowledge of police operational structures.

There were also internal problems in the beginning, which seem to be continuing today. In 2015 there were investigations into allegations of “bullying and harassment”, allegedly due to the culture clash from hiring former police officers. During this time 17 investigators, and five non-investigative staff left the organization, only a couple of years after its inception. Flash forward to 2023 and Mr. Macdonald began speaking out and complaining of the lack of investigative resources. By then there were only 19 investigators working and 17 unfilled positions. To add to the resourcing problems, officer related shootings had increased by three times from the previous years.

The IIO in 2023 had been called in 232 cases, of which 193 led to further investigations. At the time of the article, they had 90 open investigations involving 38 deaths. In 2023, 50% of the staff were still ex-police officers and Mr MacDonald and his management staff were in turn being internally and publicly accused of bad behaviour “which created a hostile work environment… with their “belittling behaviour”.

So now in 2024 Mr. MacDonald’s has further complaints which he recently took to the air waves on the local radio station CKNW. Mr. Macdonald is now complaining about the lack of charge approval which he says is leading to a failing in “police accountability”. In the last five years, the IIO has recommended 39 cases for charge, and only 18 were approved for charge. Even more startling is the fact that since the IIO inception in 2012, only 15 cases reached the court stage, and there were 0 convictions. There was no mention of the length of time for these matters to get through the court process, which the IIO is hesitant to speak about, at least on their own official website.

If one assumes these stats to be correct, there are only a few possible answers to Mr. MacDonalds problems. One being that cases without merit are being forwarded, or the investigations being forwarded are flawed and incomplete; and simply do not meet the charge approval threshold. Or b) the process itself is not working. If it is the former, then it also may be possible that in the vast majority of cases the police are in fact innocent, and simply doing their job and doing it properly.

If it is “the process” then there are significant layers to that problem. Understaffing is clearly one of those problematic layers, as there is no possible way that you can take on every referral with such limited staff and capabilities. So you need to cut the mandate or “triage” the files more expertly as was suggested by Rosenthal.

You also need to forget the “civilianization” of the investigative team. You need to bring in ex-police officers with high levels of expertise and with significant standing amongst other current police officers. They are out there, but you need to go and find them. Building credibility is absolutely key and they have not done that since their inception. Currently the IIO is fighting the police forces, or specifically their unions on two fronts; on the access to police notes and in the area of “lethal force experts” –who are usually ex-police officers brought in to testify. They should not have to fight these fights, and better quality investigators with greater credibility will go a long way in working through those issues.

The problems within IIO are not new. They are similar to the problems which in more recent times arose from the “de-funding” era. It is a fundamental failure in common sense. The IIO mandate and their make-up is clearly flawed and has been from the beginning. One may even have to conclude that the best people to investigate the police may be the police themselves. Whether the public perception changes and the media narrative becomes less inflammatory towards the police, or whether the government understands this, is quite another matter.

Photo courtesy of Flickr Commons by David Jackmanson – Some Rights Reserved

A Murder Myth

Posted on by Pete Cross

In this age of crime podcasts and burgeoning internet sleuths, I think there may be room for a podcast or blog, whose topical subject would be all the “false” or “fictitious” information around murder cases; we could call it “Jumping to Conclusions” or “Spreading the Lie”. I was inspired to this notion this morning when I somewhat absently listened to the Simi Sara show on CKNW. Simi is the celebrated morning host for the station; who is always willing, armed with little or no knowledge I might add, to offer up solutions to fix all the wrongs in our current society. (Spoiler Alert: the solution is always more resources or more monies) She is a quick worker and can usually figure out a problem and find a solution in five minutes or less. Her investigative or journalistic “technique” is to mirror a viewpoint of her guest, a guest who always comes with an agenda, and she never feels the need to challenge or show any curiosity, she is there to agree and reinforce, on the one condition of course that it fits within the progressive acceptable dialogues.

Today’s topic on CKNW was the Highway of Tears; which was in turn entirely prompted by the finding of the body of Chesley Anita Quaw (Heron) age 29, who went missing on October 11, 2023. Chesley was an indigenous young woman who went missing from the Saik’uz First Nation, a Nation located about 85 kms west of Prince George. But the crux of the CKNW story was founded on the fact that because of where the Nation is situated, next to Highway 16, the “Highway of Tears”. And this fact alone is all the invitation that is needed for CKNW to draw a conclusion and a headline, and conflate the Indigenous narrative.

So Ms. Sara and her fellow journalists and editors at CKNW, despite having no information about the actual circumstances surrounding the death of Ms. Quaw, inferred that she must have been murdered, and that she is another victim of the “Missing and Murdered”, those that have ended along the Highway of Tears. The Highway of Tears story is an over-extended narrative which almost all news reporters have been feasting on for several years now. The Indigenous spokespeople in turn continue to fuel the narrative, after all it works in their best interests in terms of demanding a re-focusing to their plight and corollary to the need for more services and funding. So on this day, CKNW needed a guest who would talk about the “Highway of Tears” and the death of Ms. Quaw so it came about on this day that journalism was taken down another notch by Ms. Sara and her illustrious team of no fact-checking journalists. The 10 minute story was completely irresponsible, and not based on a single fact. It was shameful, and should offend anyone who relies on the news to at least bear some shred of truth and authenticity.

This was not inadvertent. Simi Sara started the show with the disclaimer that there “are no details yet”. This is an age where corroboration or confirmation is fleeting at best, although still taught in the journalism schools, it is no longer being exercised in the field. So having no details was not a deterrent to going ahead with the story, their story, one based on assumption and conjecture. They were also more than willing to comment and form a conclusion– the goal of which clearly was to resurrect the Highway of Tears narrative for dramatic affect. Her selected guest was Morgan Asoyuf, an “artist” from the Ts’msyen Eagle Clan, who was more than willing to reinforce and illustrate the CKNW investigative assumption. No need to bring on someone with at least some minimal credentials, just someone willing to be part of the act, someone that would not deterred by the lack of fact.

The show started with Simi pondering and talking about her general exasperation on having to deal with another story involving this infamous highway: “Why we are still talking about deaths on the “Highway of Tears?” She followed that up with the burning and completely inane question to her guest “Has it got any better?” (meaning one can only presume the murders on the highway) No, was the sought after answer and the guest quickly complied, and then warming to the narrative, went one step further, and added that in fact it had “gotten a lot worse”.

Simi mimicked the artist’s concern and asked her to of course elaborate. So Ms. Asoyuf went on to describe the “multiple incidents of potentially violent situations” she had encountered over these many years in driving on the highway, and then weirdly laughed when telling of the evidence that she had many times encountered “men yelling at me”. Simi was clearly dismayed and asked her how she copes with this potential violence and how she manages to fend off this always lurking danger– “how do you protect yourself?” Ms. Asoyuf then described how when she drives this remote highway, she lets friends or relatives know where she is going, and what time she is leaving. “Thats sad” replies Simi.

This moronic interview continued, with Simi asking of course as to how the community is “coping” with the finding of the body. Ms. Asoyuf is clearly now emboldened to the topic offers up her insights in these matters. She prefaces her remarks by saying that of course “as native people we are always hoping to find them alive”. She then further explains that because “these are our traditional territories” that these deaths are the “direct result of colonization” and the “targeting of indigenous women…so much racism…they think that they can kill us and get away with it”.

The interview show thankfully ends with Simi thanking the guest for her time and then attempts to sum up the devastating story we had just heard by saying, that clearly there “is no adequate safety measures” in that part of the world, and asks the audience to try and imagine a world her guest had described– one in which a woman “has to take preventative measures”. The predictable solution, by the way, was a need for “more resources” and “more funding” for “murder investigation”.

Before we go any further, here are a couple of basic facts about this particular case. Chesley Quaw was found in a wooded area “on reserve land.” Currently, there is no tie-in to the highway. Secondly, the police say that this is a Coroners case, which implies that the cause of death was not readily apparent, and the cause of death may not even be homicide. Cause of death had yet to be determined, so everything said in the media and bandied about on the social networks was nothing more than pure speculation.

This over-sized myth of murdered and missing grows and grows, by repetition, not by evidence. It is time for some context. Here are some numbers recently provided by Statistics Canada; and let us also agree that bald numbers for the most part don’t lie. They can be fudged and twisted, but they don’t lie.

These statistics are for the years 1980-2014, and during this time, there were 6,849 female homicide cases reported in Canada. Of that number 16% were indigenous women, clearly a number in greater representation to their 5% or less of the entire Canadian population. Since 1991, the number of murdered non-indigenous women has declined, while the rate of murdered Indigenous women has remained stable. Therefore, the rate of homicide for Indigenous women was almost six times higher than non-indigenous women– and in 2014 they accounted for 21% of female homicide victims. Clearly and undoubtedly there is a problem in the Indigenous community, clearly Indigenous women are getting murdered at an alarming rate. That is not a question.

The question is– is this due to colonization? Or Racism? According to the Indigenous of course it is, everything ties to colonialism. But the true answer is much more nuanced.

Between 1980 and 2014, half (53%) of the Indigenous homicides were committed by a family member, another 26% by an acquaintance– and a mere 8% by strangers. Therefore 79 % of Indigenous women were killed by a family member or a friend and acquaintance. Another interesting fact is that only 66% of those indigenous women were killed in a residence, in comparison to non-indigenous women, who were killed in a residence 88% of the time. So 17% of those indigenous women killed were killed on a street, road, or a highway, which is probably a reflection of a dangerous led lifestyle by the victim.

So the story and headline should be that Indigenous women in the vast majority of cases are being killed by their own friends and family. If Ms. Quaw is in fact a victim of homicide, the first place to look as an investigator, is to her family and friends. Not to a passing motorist on Highway 16. That is just the sad fact.

So Ms. Sara– lets do a story on the problems that infect and flourish on the reserves or Indigenous nations of this country. Take your pick on the topic. The poverty, the drug abuse, the alcoholism, the rampant birth rates, the dysfunctional families, or the ongoing in-house violence. Is the poverty the result of colonization, or is it the fact that many reserves are in un-sustainable economic regions, allowing poverty and needed government support to become a way of life? If you find poverty and drug and alcohol abuse you will undoubtedly find violence. Is ill-education the result of historic abuse or a much broader cultural and social disconnect with the 21st century? The residential schools after all were set up, however badly they performed, to address a culture and a society which was in the opinion of the politicians at the time, being left behind. Now, with guilt thrust upon us, billions upon billions of dollars are now being expended for the same reasons towards education, health and economic start ups. Is anything working? Do we need to re-examine the current concept that more money will insure success? Most importantly is there any level of personal and social responsibility in play here? Is it possible to have some introspection, or is it all the fault of the colonizers? It is easy to blame historic treatment, but surely even this argument’s validity diminishes over time.

Ms. Sara wants you to believe that Ms Quaw died because of a highway driving serial killer– there is a much greater chance she was killed or died unnaturally, because of how she lived, where she lived, and the people she was surrounded and raised by. It is time to deal with those facts and to address the underlying and dominant issues of violence and death in Indigenous society. I was offended by this story by CKNW, both as a former homicide investigator, but just as importantly as a human being wanting to find answers.

It is undeniable that we are currently in a place and time where no current government, at any level, has the courage to answer the relevant questions because of the risk of being branded as a neanderthal racist. There is no corporate entity who does not facilitate or play to the “enlightened” vocal few, there is no university willing to question rather than comply. Until there is, solutions seem unlikely, as it seems that all hard truths are only uncovered by open, fair, and honest and questioning discourse. The Report in 2019 from the National Inquiry into Missing and Murdered Indigenous Women and Girls said that the “victims” was the result of a “Canadian genocide”, that the violence occurred through “state actions and inactions rooted in colonialism and colonial ideologies”. As the years tick by, it’s becoming a weaker and weaker argument.

Maybe its time to look a little deeper, maybe its time for the Indigenous leadership to look a little inward. Maybe the answer is not just “economic reconciliation” but a reconciling and an accurate accounting of the human tragedy inside the Indigenous nations of which they are a part.

Photo courtesy of Flickr Commons via Adam Jones – Some Rights Reserved