Canada: five RCMP officers charged over Indigenous man’s 2017 death in custody

Five officers with the Royal Canadian Mounted Police (RCMP) have been charged over the death of an Indigenous man, nearly six years after he died while in police custody.

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Dale Culver, 35, was arrested by police in the British Columbia city of Prince George in 2017 following reports that a man had been seen “casing” vehicles on a downtown street. Police say there was a struggle between the officers and Culver, a member of the Wet’suwet’en and Gitxsan First Nations, who attempted to flee on a bicycle.

On Wednesday, crown prosecutors announced manslaughter charges against constables Paul Ste-Marie and Jean François Monette. Prosecutors also laid attempted obstruction charges against Constables Arthur Dalman and Clarence (Alex) Alexander MacDonald, as well as Sgt Bayani (Jon) Eusebio Cru.

According to the independent investigations office of BC (IIO), the province’s police watchdog, pepper spray was used against Culver during the arrest. After he was put in the back of a police vehicle, Culver complained of difficulty breathing. Paramedics arrived and Culver collapsed when he was taken out of the police car. The father of three was pronounced dead in hospital shortly after midnight.

The BC Civil Liberties Association (BCCLA) cited reports from eyewitnesses that Culver had been “taken forcibly to the ground” by police and said there were “troubling allegations” that RCMP members told bystanders to delete cellphone video of the arrest.

“This would provide a strong basis on which to question the accuracy of certain RCMP members’ statements to investigators and notes, as well as RCMP public statements,” the BCCLA wrote in a 2018 letter.

The fractured relationship between Indigenous communities and the RCMP has been characterized by mistrust, especially in north-western British Columbia. In recent years, activists have clashed with police over a controversial pipeline project amid reports police were prepared to use lethal force on Indigenous land defenders.

The crown was first asked in March 2020 to consider charges against the officers, three years after his death, following a recommendation from the IIO.

At the time, community members drew attention to parallels to the killing of George Floyd by police in Minneapolis, Minnesota – and to the relative swiftness with which officers were charged.

“My little brother was four and my sister was six months old when it happened. She will never get to know her father,” Lily Speed-Namox, Culver’s daughter, told the Canadian Press in 2020.

According to the RCMP, four of the officers have remained on active duty since Culver’s death. Only MacDonald has been on leave, but on a matter unrelated to the charges.

The delay in laying charges came with the admission of new evidence when the police watchdog met with family and community members in 2019, as well as the year-long delay in conducting the autopsy.

“We do have concerns regarding the nearly six-year timeline in this instance though as it put undue stress on the man’s family, our members and their families, and the community which has been looking for clarity and answers on what occurred,” a BC RCMP spokesperson, Dawn Roberts, said in a statement.

Brian Sauvé, president of the National Police Federation, which represents nearly 20,000 RCMP members, said in a statement the delays in laying charges created an “extensive period of uncertainty” for police, Culver’s family and the community.

The officers are due to appear in a Prince George court on 14 March.