By Amy Romer, Local Journalism Initiative Reporter INDIGINEWS
Lawyers for a Prince George Mountie convicted of obstruction in the death of Dale Culver are calling for a stay of proceedings 91裸聊视频� a legal maneuver that has outraged Gitanyow leaders.
Culver, 35-year-old Gitxsan and Wet91裸聊视频檚uwet91裸聊视频檈n man died in police custody in 2017, sparking an investigation by the province91裸聊视频檚 police watchdog.
In July, a judge found Const. Arthur Dalman guilty of obstruction of justice for ordering bystanders to delete cellphone footage of Culver91裸聊视频檚 violent arrest.
Three weeks later, Dalman91裸聊视频檚 lawyers applied for a stay of proceedings, arguing his Charter rights were breached, including the right to a trial within a reasonable time.
The B.C. Prosecution Service (BCPS) confirmed the Aug. 16 filing to IndigiNews, stating in an email that 91裸聊视频渢his application, unfortunately, will delay the sentencing hearing, which has not yet been scheduled.91裸聊视频�
According to the Supreme Court of B.C., 28 months is considered a 91裸聊视频渞easonable time91裸聊视频� for a trial. Dalman91裸聊视频檚 case lasted more than 80 months, and his latest legal application won91裸聊视频檛 be heard until next spring, prosecutors noted.
The application has outraged Culver91裸聊视频檚 family.
91裸聊视频淎fter seven long years, an officer was finally held accountable,91裸聊视频� said Culver91裸聊视频檚 cousin Debbie Pierre, in a Gitanyow press release on Sept. 26. 91裸聊视频淗e must not escape justice on a technicality.91裸聊视频�
On July 18, 2017, Prince George RCMP officers chased Culver for cycling without a helmet and refusing to stop, according to an April 5 document from BCPS. Officers had been looking for a 91裸聊视频淐aucasian91裸聊视频� man 91裸聊视频渙n foot looking in cars,91裸聊视频� who they alleged 91裸聊视频渕ight have a partner on a bicycle.91裸聊视频�
When approached by a police officer shortly after 10 p.m., Culver 91裸聊视频� who the BCPS noted was 91裸聊视频渧isibly Indigenous,91裸聊视频� not the Caucasian suspect 91裸聊视频� fled on his bicycle until the officer pulled him backwards off his bike, injuring Culver91裸聊视频檚 arm.
During his arrest, multiple officers punched, kicked and kneed him violently, including one who pepper-sprayed his own glove and 91裸聊视频減laced the glove over Mr. Culver91裸聊视频檚 mouth,91裸聊视频� prosecutors said.
Within 30 minutes 91裸聊视频� after telling officers, 91裸聊视频淚 can91裸聊视频檛 breathe91裸聊视频� 91裸聊视频� Culver died.
Last year 91裸聊视频� six years after his death 91裸聊视频� the Independent Investigations Office (IIO) of B.C. recommended manslaughter charges for Const. Paul Ste-Marie and Const. Jean Francois Monette, and obstruction of justice charges for Dalman, Sgt. Jon Eusebio Cruz, and Const. Clarence Alexander MacDonald.
Only Dalman91裸聊视频檚 charges were pursued.
The Gitanyow Hereditary Chiefs, in a statement last week, called police a 91裸聊视频渞acist institution91裸聊视频� in need of a 91裸聊视频渇undamental overhaul91裸聊视频� in the country.
91裸聊视频淲e are committed to holding the officers responsible for Dale91裸聊视频檚 death accountable,91裸聊视频� said the group91裸聊视频檚 executive director Sk91裸聊视频檃91裸聊视频檔ism Tsa `Win91裸聊视频橤iit (Joel Starlund), 91裸聊视频渨hile also pushing for broader systemic changes to prevent further tragedies.91裸聊视频�
Dalman91裸聊视频檚 request for a stay of proceedings comes amidst increased scrutiny of a disproportionate number of Indigenous deaths at police hands across the country.
Over 11 days from Aug. 29 to Sept. 9, at least six Indigenous people 91裸聊视频� including one youth 91裸聊视频� were killed by police or died in their custody across 91裸聊视频淐anada,91裸聊视频� according to research by Jaad Gudgihljiwah (Michaela McGuire) for the Yellowhead Institute.
As a percentage of the country91裸聊视频檚 population, it91裸聊视频檚 the equivalent of 114 non-Indigenous people dying in the same timeframe.
91裸聊视频淭he dehumanization of Indigenous peoples is reflected in the indifference of Canadians today,91裸聊视频� wrote McGuire, a Simon Fraser University criminology doctoral student and Haida Nation member. 91裸聊视频淪o much so that our deaths become merely passing bylines.91裸聊视频�
Starlund said Culver91裸聊视频檚 death more than seven years ago is a reminder it91裸聊视频檚 91裸聊视频渘ot just about one case,91裸聊视频� but about 91裸聊视频渢he ongoing injustices faced by Indigenous communities across the country.91裸聊视频�
Since 2020, data collected by the IIO shows Indigenous people represent between 18 to 30 per cent of cases it investigated, despite making up only six per cent of the province91裸聊视频檚 population.
The provincial justice ministry created the IIO in 2012 as a civilian-led agency to investigate police incidents resulting in death or serious harm. A public inquiry called for the independent watchdog91裸聊视频檚 creation after RCMP officers91裸聊视频� 2007 killing of Polish immigrant Robert Dziekanski in Vancouver International Airport.
That inquiry91裸聊视频檚 final report also argued against the B.C. Prosecution Service 91裸聊视频� which is overseen by the province91裸聊视频檚 justice ministry 91裸聊视频� deciding on criminal charges against police, because of 91裸聊视频減ivotal concerns about conflict of interest, public distrust, and an undermining of public confidence in the police and in our justice system.91裸聊视频�
In an earlier interview, the former IIO Chief Civilian Director, Ronald MacDonald, told IndigiNews the inquiry91裸聊视频檚 recommendation about who should approve charges against police was 91裸聊视频渋mportant91裸聊视频� and 91裸聊视频渟omething that I believe needs to change91裸聊视频� 91裸聊视频� referring to the inquiry91裸聊视频檚 conclusion that 91裸聊视频渂ecause prosecutors work with police every day, there is at least the appearance of conflict,91裸聊视频� MacDonald said.
91裸聊视频淚t91裸聊视频檚 a critically important issue that we discuss whether oversight cases in this country are being properly handled by prosecutors,91裸聊视频� he added.
After provincial prosecutors declined to pursue all but Dalman91裸聊视频檚 charges in Culver91裸聊视频檚 death, B.C. Assembly of First Nations Regional Chief Terry Teegee said Indigenous people are 91裸聊视频渟till grappling with a system designed to maintain power and control and is deeply rooted in colonialism, discrimination and injustice,91裸聊视频� according to a July 31 statement from the First Nations Leadership Council.
91裸聊视频淔irst Nations are calling for a justice overhaul,91裸聊视频� Teegee said, including a national strategy for First Nations justice 91裸聊视频� developed in collaboration with First Nations 91裸聊视频� to address the 91裸聊视频渟ystemic violence against racialized people in Canada.91裸聊视频�
For Culver91裸聊视频檚 cousin Pierre, she91裸聊视频檚 fed up with what she described as the system protecting its own.
91裸聊视频淲e will not rest until justice is served for Dale and all Indigenous peoples who have lost their lives in police custody,91裸聊视频� she said. 91裸聊视频淐anada must confront this crisis head-on, beginning with accountability for the officers responsible for Dale91裸聊视频檚 death.91裸聊视频�
