B.C. researcher starts project to document Indigenous deaths in police custody

An independent researcher is calling for greater transparency arounddeaths in police custody in B.C., saying they disproportionately affect Indigenous people.

Leonard Cler-Cunningham, a researcher who has documented the deaths of Indigenous people in custody for decades and co-authored research intoviolence against sex workers in Vancouver, held a news conference Tuesday to launch the Not In The Public Interestwebsite.

It contains statistics relating to in-custody deaths, and videos of previous deaths involving Indigenous people.

He says the website's title draws from one of the reasons that his numerous freedom of information requests regarding in-custody deaths were denied that the requests were "not in the public interest."

Multiple appeals to the Office of the Information and Privacy Commissioner (OIPC) regarding the requests have failed, according to the researcher.

"I think everybody believes that certain cases need more investigation," Cler-Cunningham told Belle Puri, guest host of CBC's On the Coast.

Over the next few weeks, Cler-Cunningham says he will solicit information from family members of those who died in police custody and work with collaborators to release recommendations for police forces and bodies like the B.C. Coroners Service and the Ministry of Public Safety.

Cler-Cunningham's news conference on the project came on the 150th anniversary of the RCMP's founding in Canada. The push for greatertransparency comesat a time when there is increased scrutiny of alleged systemic racism within B.C.'s police forces.

"Not In The Public Interest is an example of the public's passion to make effective change. I think we've got a good opportunity here to make some substantive recommendations," he said.

While much of the researchthe project draws on has been previously documented such as a 2019 coroners' death review panel that found Indigenous people over-represented within in-custody deaths some of his findings have not been revealed before.

For instance, when looking at deaths of First Nations people while incarcerated between 1993 and 2003 in B.C., the project found 60 per cent of those deaths happened in police custody.

VPD says they support current transparency regime

In an email, Vancouver Police Department spokesperson Sgt. Steve Addison saidthere was a "significant" system of police oversight already in B.C. including the Independent Investigations Office, the Office of the Police Complaints Commissioner, the coroners' service and prosecution service.

"We support the level of oversight, accountability and transparency this oversight system brings," he said.

Michelle Mitchell, a spokesperson for the OIPC, saidpublic bodies whose data can berequested under theFreedom of Information and Protection of Privacy Act (FOIPPA) must consider whether a "disinterested and reasonable observer" would conclude that information disclosure is in the public interest.

"Some of the factors include whether the matter involves a systemic problem rather than an isolated event, whether the subject is of widespread public debate, and the effect of disclosure in light of the potential benefit to the public," she said, adding that the body in question would then have to weigh "competing" public interests to see if its data met the bar.

Mitchell added that "the transparency and accountability of public bodies is especially important when it comes to matters concerning the treatment of First Nations people, including those in police custody."

Restorative justice needed: Indigenous advocate

The calls for more transparency regarding in-custody deaths have been echoed by First Nations in B.C., including the Witset First Nation,whose members Jared Lowndes and Dale Culver both died after interactions with the RCMP.

Norm Leech, the former executive director of the Vancouver Aboriginal Community Policing Centre, says that Canada's policing model does not understand Indigenous people and needs a fundamental rethink.

"If Canada truly wants a national police force that is reflective of modern understandings of what is justice, then it has to start over," Leech said. "All those definitions and concepts of justice that it was built on in the beginning are outdated and archaic and are simply unjust."

WATCH | Family of man who died during arrest questions legal system:

Dale Culvers family questions delay to charge police officers

2 years ago

Duration 2:03

The family of Dale Culver, a B.C. Indigenous man who died in police custody in 2017, is questioning why it took so long to lay criminal charges against five RCMP officers in connection with his death.

Leech agreed that police forces should be more transparent regarding people whodie while in their custody, but saidhe doubted they would because the data was "shameful and embarrassing."

He says that data shows that restorative justice should be the model going forward rather thanpunitive models of justice that affectpeople trapped in cycles of trauma.