CRCC Reports on Death of Mr. Colten Boushie
Date: March 9, 2021
Classification: Unclassified
Fully releasable (ATIP)? Yes/
Branch / Agency: CRCC
Proposed Response:
- Independent civilian review is a critical element of the RCMP accountability framework, and I want to thank the Commission for its important work.
- The CRCC found that the investigation conducted by the RCMP was generally reasonable. It was conducted in a professional manner by adequately trained and experienced criminal investigators employing the Major Case Management methodology.
- However, the Commission identified a number of deficiencies in the investigation and concluded that the RCMP members who notified Debbie Baptiste of her son’s death treated her with such insensitivity that her treatment amounted to discrimination. The CRCC also concluded that the search of her home was unreasonable and unauthorized by law.
- I am encouraged that the RCMP Commissioner has agreed with virtually all the 47 findings and has agreed to implement all of the CRCC’s 17 recommendations. The onus is now on the RCMP to demonstrate its commitment to improvement and accountability.
- My deepest sympathies remain with the Ms. Baptiste and the family who are once again reliving the loss of Colten Boushie.
Background:
Mr. Colten Boushie, a 22-year-old Indigenous man from Red Pheasant First Nation was fatally shot in 2016 on a farm property near Biggar, Saskatchewan. Mr. Gerald Stanley, the landowner, was acquitted of murder in a trial by jury in 2018. The shooting sparked tension between Indigenous and non-Indigenous persons, exacerbated at times by discriminatory comments on social media amid discussions of systemic racism, rural crime, property rights and the actions of police.
The conduct of RCMP members who attended the home of Mr. Boushie’s mother, Debbie Baptiste, on the night of his death became the focus of a complaint against the RCMP lodged by the family in December 2016. After receiving the RCMP’s response, the family asked the CRCC to review the complaint in late 2017.
Meanwhile, the acting Commissioner of the RCMP in 2018 wrote to the CRCC’s then-interim Chairperson to request an investigation into how RCMP interacted with the family and to examine various aspects of the RCMP’s criminal investigation. In response, the CRCC interim Chairperson at the time initiated his own complaint and a public interest investigation.
That investigation resulted in 47 findings and 17 recommendations, which the CRCC presented to the RCMP in the form of an interim report in January 2020. The RCMP responded in December 2020, agreeing with all but three findings and accepting all recommendations. The final report found that the investigation conducted by the RCMP was reasonable, professional and that available resources were adequately deployed. The same was true of the initial response to the incident at Mr. Stanley’s farm. However, the CRCC also identified a number of issues and deficiencies in managing the crime scene and handling witnesses. The investigation also concluded that the behaviour of RCMP members who attended the home of Ms. Debbie Baptiste following the death of her son was a prima facie case of discrimination.
Turning to the family’s complaint, the RCMP initially responded to allegations filed by Mr. Alvin Baptiste, Debbie Baptiste’s brother. He alleged that that police surrounding Ms. Baptiste’s home the night her son was killed was unusual and insensitive, as was the manner in which RCMP members notified his sister of her son’s death. The family also believed the search of the home was illegal and that a media release by the RCMP caused more pain by painting Colten Boushie as a thief. Lastly, the complaint alleged that RCMP members imperiled two females who were in custody inside their patrol cars when they proceeded to chase other vehicles as part of the investigation.
At the family’s request, the CRCC reviewed the RCMP’s disposition of the complaint, which initially supported only the final allegation concerning the safety of the females during the police chase. After conducting its own investigation and contrary to the RCMP’s disposition, the CRCC found that:
- Surrounding and searching Ms. Baptiste’s house was unreasonable.
- RCMP members were insensitive to Ms. Baptiste.
- The timing of news releases and splitting of information painted an inaccurate picture of Colten Boushie as a thief.
- Police cars should not have engaged in emergency operations with civilians inside.
In both the public interest investigation and our review of the family’s complaint, the CRCC is encouraged by the acceptance of its findings and commitments to move forward on recommendations for review of policies and guidelines as well as greater cultural awareness training. The onus remains on the RCMP to follow through on the recommendations, some of which have been made already in the past by the CRCC and others.
On March 8, 2021, the CRCC shared its reports with the family, the RCMP and the Minister of Public Safety, with plans to post the public interest investigation material to its website in the following two weeks. Reports on public complaint reviews are not typically posted to protect privacy, but a depersonalized summary will be made public on the CRCC website, as with all complaint reviews.
Contacts:
Prepared by: Kate McDerby, Director Strategic Communications and Outreach, 613-882-3117
Approved by: Michelaine Lahaie, Chairperson, 613-952-8038
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