RCMP clears itself of misconduct in Colten Boushie investigation - Action News
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Saskatchewan

RCMP clears itself of misconduct in Colten Boushie investigation

The family of a Saskatchewan man who was shot and killed by a local landowner in 2016 plans to appeal an internal investigation by the RCMP that cleared officers of wrongdoing in how they interacted with them in the wake of his death.

Family lawyer vows to appeal, says Mounties were wrong to surround family home

Chris Murphy, the lawyer for the family of Colten Boushie, is highly critical of the RCMP's investigation into its own conduct in the aftermath of Boushie's death in August 2016. (Jason Warick/CBC)

Thefamily of a Saskatchewan man who was shot and killed by alocal landowner in 2016plans to appeal an internal investigation by the RCMPthatcleared officers of wrongdoing inhow they interacted with them in the wake of his death.

Colten Boushie, 22,was shot and killed inAugust 2016on a rural property nearBiggar, Sask.His death ignited racial tensions across the province and landownerGerald Stanley who has pleaded not guilty to second-degree murder goes on trial in February.

But when seven officers went to RedPheasant First Nation to inform his mother and siblings of his death, they surrounded and searched the family's trailer.

They were acting on a tip that a possiblyarmed man had fled the scene of Boushie'sdeath to a trailer looking like that of his family, according to the RCMP.

The family, which filed five complaints to theRCMP, said they were treated as if they were under suspicion and in a "cold and insensitive" manner, according a response letter penned byRCMPSupt. MikeGibbs.

At one point, according to Gibbs' summary of the accounts provided by Boushie'sfamily and officers,after having been told her son was dead, Boushie's mother,Debbie Baptiste, fell to the floor ofher front porch.

After being taken inside the house, she fell again, prompting a maleofficer to tell her to "get it together" and then ask"'Have you been drinking?'"

'They did nothing'

"Theyjust approached it like [the family] were the culprits of something, like they didsomething wrong," saidAlvin Baptiste,Boushie'suncle.

"They didnothing, they were just innocent people."

In an Oct. 19 letter to the family,RCMPSupt. MikeGibbsapologized for the officers' actions, conceding they"could have been perceived as insensitive."

But, he went on,"given the safety risks involved," the approach "theRCMPhad to take was tactical in nature and in this situationwas acceptable."

Boushie, 22, was killed on a farm near Biggar, Sask. in August 2016. (Facebook)

Theletter said all but one of the family's complaints had been dismissed.

One officer, who was quoted in the letter, said thesituation onAug. 22, 2016was "unique."

"Trying to be sensitive with the next of kin [notification], but at the sametime trying to keep the high-risk situation safe, was an extreme challenge," the officer said.

Baptiste said the entire internal investigation was a "cover up," and maintainshissisterand her childrenwere mistreated.

"We don'thave no rights here. It's like we don't have no rights at all, just sweep us under the rug, kick us under the bus, just move on, forget about what happened. That's how they look at it. Just another Indian," he said.

In the letter delivered to the family, the RCMP said they had obtained consent from the son of Debbie Baptiste, but the officer 'was not sure which son he was speaking to as he gets them mixed up.' (Craig Edwards/CBC)

At a press conference Thursday,RCMPsaidBoushie'sfamily, if they were not satisfied with the explanations given in the letter, could take the matter up with the Civilian Review and Complaints Commission.

StaffSgt. RobEmbreerefused to saywhether or not an apology was issued toBoushie'sfamily members butrepeatedly said "actions were taken" when questioned.

In addition,RCMPrefused to address the issue of whether there was informed consent to search the home.

In the letter delivered to the family, theRCMPsaid they had obtained consent from the son of Debbie Baptiste, but the officer "was not sure which son he was speaking to as he gets them mixed up."

The family's lawyer, Chris Murphy,questioned how informed consent can be given by any family member immediately after receiving traumatic news.

Landowner Gerald Stanley has pleaded not guilty to second-degree murder in connection with Boushie's death. (Jason Warick/CBC)

Lawyer plans appeal

Murphy said he plansto appeal to the CivilianReview and Complaints Commission for theRCMP.

"There would have been other ways for theRCMPto notifyDebbie Baptisteof the death of her son," Murphy said.

Murphy said thesearch of Baptiste's homewas based on "complete speculation" that an armed individual was inside.

"The police[didn't] have any reliable information," he said.

'Theft investigation'

The family also complained about the media release sent out after Boushie'sdeath, whichthey said made him look like a criminal. The release referred to a "theft investigation" though no theft charges were laid.

"If you are an Indigenous person living in Saskatchewan, how does that make you feel if you will potentially have your home surrounded and stormed while, at the same time, being notified that the person that you raised has been killed?" Murphy said.

TheRCMPupheld one complaint, saying, in the letter, it was"not appropriate" that two officers drove at high speed in pursuit of a vehicle leaving the scene in Biggar while someone they had taken into custody was in the back of their cruiser.

The officers told investigators they were in a rush when they got in the vehicle and weren'taware there was a personin the back seat.

The letter says those two officers "received guidance" on safe handling of prisoners.

With files from Creeden Martell