Family of gunman Peter de Groot reactivates lawsuit after officers cleared in shooting death

The family of an accused gunman shot dead by police is pushing forward with its lawsuit against the RCMP, free to proceed with legal action now that an independent investigation into the death has been completed.

Peter DeGrootwas living in southeastern B.C.when he was involved in a confrontation with RCMP in October 2014. Mounties said hefled into the woods after firing shots at officers, prompting amanhunt through the area.

The 45-year-old, described by his family as an accomplished PhDcandidatewho had suffered a disabling brain aneurysm, was ultimately found alone in a cabin after a four-day search.

RCMP said an officer shot and killed de Grootafter he pointed a rifle at them.

Peter de Groot's sister, Danna, launched the lawsuit in October 2016. In the notice of civil claim, she claims the RCMP officers who shot her brother after cornering him in a remote cabin overreacted,fuelled by misinformation.

She also accuses the RCMP of negligence in using lethal force against her brother.

"He was executed," Dannatold reporters at the time.

In regards to her lawsuit,DannadeGrootwants the court to declarethat Peter deGroot'sCharter rights to life and security of the person were denied by theRCMP'sactions.

DeGrootclaims that her brother, as a personwith a disability,should have been guaranteed equal treatment under the law, according to Section 15 of the Charter.

She's seeking a declaration that the disproportionate use of lethal force on aperson with a cognitive disability or mental illness is discriminatory treatment.

None of the allegations hasbeen proven in court.

The suit was puton hold while the IIOinvestigated. Proceedings can continue now that the probe has been closed.

Last month, the police watchdog released a report which cleared the officers of wrongdoing.

DeGroot's family released a statement questioning most of the key findings in the report, saying they believekey issues remain unanswered.

The family lawyer, Don Sorochan, said they believe the RCMP handled the initial altercation badly, then conducted a militaristic response after de Groot ran.

They also claim there's conflicting evidence about what happened when de Groot was tracked down to the cabin and note that the officer who shot him did not co-operate at all with the investigation.

RCMPDeputy Commissioner Brenda Butterworth-Carr said both officers involved have been off work "for some time" and continue to receive support from the RCMP with the hope they can return to duty.

She said the death of de Groot"fundamentally changed their lives."

"The amount of stress and angst this has cost them directly, in addition to their families, it's indescribable and completely unnecessary given what we know now."

With files from Bob Keating