RCMP destroyed records from Boushie investigation
Date: March 22, 2021
Classification: UNCLASSIFIED
Fully releasable (ATIP)? Yes
Branch / Agency: RCMP-GRC
Proposed Response:
- When the RCMP receives a request for relevant materials from the Civilian Review and Complaints Commission's (CRCC), the documents will be gathered from a variety of internal and external sources.
- The CRCC requested the audio recordings and/or transcripts of all radio transmissions relating to the incident from August 9, 2016 including for members who attended the crime scene and were involved in a vehicle pursuit.
- The RCMP Major Crime Unit in Saskatchewan had reviewed those radio communications recordings as part of their investigation.
- It was determined the information was routine in nature and not required for the Major Crime Unit investigation.
- No hold was placed on these recordings as they were deemed to be routine in nature and they were subsequently deleted at the two year mark as per the RCMP’s records retention policy.
Background:
Colten Boushie was shot and killed after he and four other people drove onto Gerald Stanley’s farm near Biggar, Sask., in August 2016. A jury acquitted Stanley of second-degree murder in February 2018.
On March 6, 2018, the Civilian Review and Complaints Commission (CRCC) launched an investigation into whether the RCMP's investigation of Boushie's death was reasonable. It also looked at whether RCMP members discriminated on the basis of race.
The RCMP provided the CRCC with the complete investigational files and copies for several RCMP operational policies they had requested within two weeks of the CRCC launching its investigation.
On April 11, 2018 the CRCC requested copies of court transcripts. The RCMP advised they were not in possession of any court transcripts.
On May 2, 2018 the CRCC requested copies of the subject members’ coordinates, these were provided to them same day.
On August 2, 2018, the CRCC provided a list of 30 additional requests for relevant materials including notes, reports and correspondence on multiple aspects of the investigation from a large number of individuals, transcripts of all radio transmissions, and more, including one that requested:
Audio recordings and/or transcripts of all radio transmissions relating to the incident, including those made by RCMP members who attended the Stanley property, Fouhy property, Red Pheasant First Nation, and engaged in the pursuit of vehicles near the Stanley property, between 17:00 - 23:59, on August 9, 2016.
The list was significant and required materials to be gathered from several different sources. An issue arose with certain aspect due to the ongoing civil litigation and solicitor-client privilege expressed by the RCMP Legal Services Unit and DOJ. Some items the CRCC requested did not exist, such as a national policy on air ambulance services.
The materials received from the division were reviewed, sorted, collated and formatted to make it easily accessible for the CRCC. The initial submission for the second request was provided to the CRCC on October 31, 2018.
There were some items that took longer than others. By November, 2018, the only items from the August list that were outstanding included material related to the civil litigation, written materials (pamphlet) provided by Victim Services to the family, Blackberry Pins and information from an investigation into hate speech made on Facebook. Those items were disclosed by the end of November, 2018.
The CRCC made a few more requests for material which were provided within the agreed upon time. From November to February 2019, the RCMP made efforts with the CRCC to determine any other material they required.
On February 12, 2019, the RCMP advised the CRCC that:
With regards to recordings and transcripts of various calls and radio communications. The
transcripts that were provided are of the DOCC (911) calls. The Major Crime Unit
confirmed that there were no recordings of the radio/CIIDS/Vehicular repeaters provided
to anyone as there is no evidentiary value to retaining this information for the MCU
investigation. They further indicated that the retention period would be two (2) years at
DOCC. The two (2) year anniversary date would have been 2018/08/09.
Due to the volumes of material, the CRCC was not sure what they had or had not received. By the end of February 2019, there were no more requests for information from the CRCC.
Contacts:
Prepared by: Superintendent Michael O’Malley, Director, RCMP National Public Complaints Directorate (613) 292-0066
Reviewed by: Chief Superintendent Stephane Drouin, Director General, Workplace Responsibility Branch (613) 850-1086
Approved by: Assistant Commissioner Stephanie Sachsse, Professional Responsibility Officer, (613) 843-4275
- Date modified: