Details of the Colten Boushie family complaint against the Saskatchewan RCMP - Action News
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Details of the Colten Boushie family complaint against the Saskatchewan RCMP

The results of an independentprobe into how the Saskatchewan RCMP handled its investigation of the Colten Boushie shootingis finally poised for release next month, after a three-year wait.

Union for RCMP members says 3-year wait is unacceptable for all involved

A vigil in Montreal in support of Colten Boushie's family on Feb. 13, 2018, following the acquittal of Saskatchewan farmer Gerald Stanley on charges in connection with Boushie's death. A review by the Civilian Review and Complaints Commission for the RCMP into whether the force's handling of the Stanley case was 'reasonable' was launched later that year, and the report is now expected next month. (Ryan Remiorz/The Canadian Press)

The results of an independentprobe into how the Saskatchewan RCMP handled its investigation of the Colten Boushie shootingis finally poised for release next month, after a three-year wait.

Boushie, 22, was shot and killed after he and four others from the Red Pheasant Cree Nation drove onto Gerald Stanley'sfarm near Biggar, Sask., in August 2016.

An altercation occurredbetween the people in the SUV and Stanley andhis son that ended in the fatal shooting.

A jury found Stanley, 56, not guilty of second-degree murder in February 2018, igniting a firestorm of debate in the weeks that followed.

One month after the verdict,the Civilian Review and Complaints Commission for the RCMPlaunched aninvestigation intowhether the RCMP's handling of the Stanley casewas "reasonable."

It also looked at whether RCMP membersdiscriminated on the basis of race, after Boushie's family made allegations about insensitive treatment and members were cleared of any wrongdoing by the force.

The review commission received RCMP CommissionerBrenda Lucki's final response to itsfindings and recommendations on Jan. 29, andis now set to share its results in mid-March, according to the commission's service standard.

Here's a look back at the concerns thatbegan theinvestigation, why it was delayedand what to expect from the long-awaited report.

The original complaint

In December 2016 four months after the shooting Boushie's uncle, Alvin Baptiste, filed a complaint with the RCMP. Baptiste made five allegations aboutofficers involved in the shooting investigation.

A superintendent for the RCMP's Saskatchewan "F" Division wrote back 10 months later, sayingheonly partially supported one of Baptiste's five claims.

Three of Baptiste's concernscentredon the RCMP's visit to the Red Pheasant reserve in August 2016, to inform the family of Boushie's death.

Seven RCMP officers surrounded the home of Boushie's mother, Debbie Baptiste.Threeof those officers went to the door to deliver the news of the death.

The officers were also acting oninformation that one of Boushie's friends, Cassidy Cross-Whitstone, had fled the shooting scene, was inside a home resembling Debbie Baptiste's and was potentially armed, according to the RCMP's response.

Alvin Baptiste said the number of officers seemedout of the ordinary and insensitive.

"Theyjust approached it like [the family] were the culprits of something, like they didsomething wrong," Baptiste previously told CBC News.

Colten Boushie's uncle Alvin Baptiste, right, filed a complaint with the RCMP in late 2016 alleging members had dealt insensitively with Boushie's mother, Debbie Baptiste, left. (Jason Warick/CBC)

According to the response the RCMP sent Baptiste, the fact that both tasks the next-of-kin notification and the searchtook place at the same location was "extremely uniquein nature" but that it was "not possible to deal with both tasks separately."

Alvin Baptiste's complaint alleged thatone of the officers told a grief-strickenDebbie Baptiste to "get it together" and asked if she had been drinking. He also alleged the family did not give permission for the RCMP members' ensuing search of the home.

Debbie Baptiste and her other son, William Boushie, asserted the inappropriate remarks were made, while none of theRCMP members interviewed recalled the exchanges,wroteMike Gibbs, the RCMP superintendent who responded to AlvinBaptiste.

Gibbs said the RCMP's complaint investigation was thorough and involved interviewing family members and officers who were at the home that night.

Debbie Baptiste stands outside the North Battleford courthouse where Gerald Stanley's trial took place in early 2018. (Guy Quenneville/CBC)

One officer said the members were not able to answer questions about the active shooting investigation and that he could see "how their approach could have been perceived to be insensitive."

"For this, the RCMP apologizes," Gibbswrote.

But given the "safety and tactical reasons" behind the visit, Gibbs said he supported both the number of officers and their approach tothe next-of-kin notification.

While three family members did not recall giving the RCMP permission to search the home, two officers said permission was granted, Gibbs said.

"There was no definitive evidence other than the word of the witnesses and the police," Gibbswrote. "Based on the difference in the recollection of events I am unable to support [the]allegation."

Read the RCMP's full response to Alvin Baptiste's complaint below. Don't see it? Click here.

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Alvin Baptistealso expressed concern with thefirst RCMP media release about theshooting, which he said madeBoushie look like a criminal, caused the family further upsetand sowed racial discord in the province.

According to the release, five people Boushie, Cross-Whitstone and three others, none of whom were named in the release "entered onto private property by vehicle in the rural area and were confronted by property owners."

Boushiewas shot while "other occupants were taken into custody as part of a related theft investigation," the release said.

No one in the case was ultimately charged with theft.

Read the full RCMP media release below. Don't see it? Click here.

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Gail Davidson, a researcher with Lawyers' Rights Watch Canada a human rights-focused NGO that welcomed news of the CRCC's investigation said the RCMP's initial framing of the incident was problematic.

"The RCMP treated it as though they were investigating aninterrupted home invasion of very frightening proportions" by Indigenous youth, Davidson said.

Gibbs said the release was created in line with RCMP policy and approved by the force'snational communications unit and the officer in charge of major crimes.

"Regardless, I apologize if you felt the media release depicted [Colten] as a thief and caused your family further anguish, as that was never the intent," Gibbs wrote.

Gibbs did partly support Alvin Baptiste's fifth and final allegation. Baptiste said officers put oneof Boushie's female friends at risk when they rushed away from the scene in a police vehicle, without knowing the woman was in the back seat.

That was "not appropriate" and the officers received "operational guidance," Gibbs wrote.

Complaints commission steps in

Alvin Baptiste was dissatisfiedwith the RCMP's response and called on the Civilian Review and Complaints Commission to review how the forcehandled his complaint.

The commissionan independent, civilian-run agencyagreed but wentone step further.

The commission also announced its own"public interest investigation" into the conduct of RCMPmembers,including whether their investigation of Boushie's shooting was "reasonable" and in line with RCMP training. The commission also set its focus onwhether any officers' actions "amounted to discrimination on the basis of race or perceived race" and whetherRCMP training in itself was reasonable.

"The [CRCC's] chairperson was aware of the allegations made by the family but also had additional concerns that he wanted investigated," said Kate McDerby, a commissionspokesperson.

Lawyers' Rights Watch's DavidsonsaidStanley's trial revealed a number of concerns about the shooting investigation. That includesthe factthe SUV Boushie wasin went uncovered,andrain washed away blood and other evidence.

Cpl. Terry Heroux, the forensic identification specialist at the Boushie shooting scene, testified during the trial that the scene "regrettably" went unprotected. Officers waited longer than expectedfor a warrant needed to continue their crime scene examinationonce Boushie's body was removed, Heroux said.

"I was under the impression that the warrant was [coming] forthwithand I had totally anticipated being back to the scene within a couple hours. It ended up not being the case," Heroux said.

Officers "didn'tfind any identifiable fingerprints on anything for the entire case,"headded.

The jury also heard that theRCMP blood spatter specialist assigned to the case didnot visitthe shooting scene. Instead, after consultingHeroux, Sgt.Jen Barnes examined crime scene photos from her office in Alberta.

Barnes defended the decision in the witness box.

"There was no issue with the position of the deceased," she said."And therefore, there was nothing that I could determine that would add any further information to the investigation."

Stanley's trial heard that because the SUV that Colten Boushie was shot in was not covered during a rainfall, blood and other evidence was washed away. (RCMP)

Delay unacceptable:RCMP union

The commissionbegan its reviewin March 2018. Since then, thechairperson who launched the Boushie investigation, Guy Bujold, was replaced in January 2019 byMichelaine Lahaie.

According todocuments previously obtained by CBC News, the commission's workwas held upin part by the "RCMP's delays in responding to and delivering relevant materials."

The CRCC re-interviewed some of the witnesses originally interviewed by the RCMPand shared its findings including recommendations on how to improve the police force with the RCMP in December2019 and January 2020,said McDerby, the commission's spokesperson.

The RCMP, which is not bound by any legislated timeline,responded in January 2021.

Brian Sauve, the president of the National Police Federation the union that represents RCMP members said while the case is complex, the delay is unacceptable for everyone involved.

"Three years of families of victims, affected persons, as well as members of the RCMP who have been waiting for the ability to have some closure on this file I think that's not appropriate in today's day and age, whether it's an RCMPresource roadblock or a CRCC resource roadblock," Sauve said.

Brian Sauve, the head of a union representing RCMP members, said the CRCC's findings were biased against the police. (CBC)

The RCMP has previously saidany of the findingscould have far-reaching implicationsfor theforce.

"As a result, there are many factors that need to be considered before preparing a response," said spokesperson Cpl. Caroline Duval. "These include existing case law, our legal authorities, our budgetand potential impacts on our service to the public, amongothers."

Asked again Wednesday about the delay,Duvalprovided the same response.

What to expect in the report

The review commission's final report will first go to Alvin Baptiste, the Boushie family and the RCMP members involved in the complaint, before being shared with the wider public.

Alvin Baptiste could not be reached for comment.

The report will outline the commission's recommendations which are not legally binding and which suggestions the RCMP accepts. If RCMP CommissionerBrenda Lucki does not accept somerecommendations, herreasons will be outlined too.

One change to Saskatchewan RCMP operationshas already been disclosed.

One month after the shooting, the RCMP's "Aboriginal Police Services" began reviewing all "F" Division media releases "regarding serious or sensitive matters" that involved Indigenous people, Gibbssaid.

RCMP Commissioner Brenda Lucki has responded to the CRCC's recommendations on how to improve service at Canada's national police force. The details are expected to come out in the commission's final report next month. (Adrian Wyld/The Canadian Press)

The RCMP union'sSauvesaid he has no doubt officers "did a professional and dedicated job with the resources that they had available to them."

"However, if the [commission] finds that they need better training,perhaps more dedicated resources, that speaks to continuous improvement in the RCMP and that's a good thing," hesaid.

Debbie Baptiste said in a statement Wednesday thatshe wants RCMP members to wear body cameras "[so] that they can't be turned off at the moment of a response."

She saidshe's frustrated systemic racism "still exists throughout Canada and the Turtle Island."

"There is no justice and the list of our #MMIWMstill climbs with no closure for families, while the murderers walk and get to sit with their families and eat dinner," she said.

Colton Boushie driving with Debbie Baptiste. (NFB)

With files from Jason Warick, Charles Hamilton and Catherine Tunney