Whitehorse Daily Star

Death triggers call for nationwide probe

The death of Carmacks resident Raymond Silverfox has prompted Canada's public complaints commission to call for a nationwide investigation into the RCMP's treatment of people who are drunk and/or high.

By Justine Davidson on December 15, 2008

The death of Carmacks resident Raymond Silverfox has prompted Canada's public complaints commission to call for a nationwide investigation into the RCMP's treatment of people who are drunk and/or high.

"It's less about Silverfox's death and more about systematic issues of deaths in custody," commission spokesman Nelson Kalil said today.

He said the complaint process will focus on how RCMP officers deal with situations involving "drugs, alcohol, (and) pre-existing conditions."

The chair-initiated complaint will also investigate the "conduct of those unidentified RCMP members involved in the arrest and subsequent detention in RCMP cells of Raymond Silverfox," according to a CPC press release.

The purpose of the public complaints commission is to ensure the integrity of internal RCMP investigations. However, considerable criticism is levelled against the practice of police-on-police investigations.

"Comments about police investigating police are not falling on deaf ears," commission director of operations Kevin Brosseau said in an interview today.

"We are looking at different models (for future public inquiries) domestically and internationally."

But in this case, the work will be done by RCMP officers.

According to the RCMP's 2006 annual report, "over 70 per cent of in-custody death subjects were using alcohol and/or drugs at the time of their apprehension," and that for some of these subjects, "the effects of alcohol and/or drug abuse compound pre-existing medical conditions with lethal results."

Raymond Silverfox died in Whitehorse General Hospital on Dec. 2, 16 hours after he was arrested for disturbing the peace at the Salvation Army shelter. He was taken to the hospital after RCMP officers found him unconscious in his cell.

Since Silverfox died, the RCMP have launched their own internal investigation into what happened that day, done by officers from British Columbia.

The RCMP requested the CPC send someone from its Independent Observer program to monitor the investigation. The observer was in Whitehorse last week, Kalil said, and has since returned to Ottawa.

"There are currently no issues as they relate to questions of impartiality," the observer's report reads.

The observer was "only looking at impartiality issues, not adequacy issues," Brosseau explained last week.

The chair-initiated investigation has a broader scope than the observer did, Brosseau said today.

It will look at three issues:

  • whether officers followed all policy and training guidelines when dealing with Silverfox and whether he was given medical treatment while in custody;

  • whether the guards at the RCMP detachment were given the proper supervision and direction when watching over Silverfox; and

  • whether national RCMP policies surrounding the care of people who are drunk or high are adequate.Brosseau said the investigation will be done in conjunction with the local investigation already underway.

"He's not immune to public sentiment," Kalil said of why commission chair Paul Kennedy has launched the complaint, adding that, "Mr. Kennedy is satisfied that there are reasonable grounds to investigate the conduct of all members involved in this incident."

Yukon NDP MLA John Edzerza called for a public inquiry into Silverfox's death in the legislature last week.

He was called out of order by Premier Dennis Fentie for asking if there is "systematic prejudice" in the RCMP against intoxicated first nations people.

At the time, Fentie said the suggestion was "an outrage."

Today, he said Edzerza should "present his evidence to the appropriate authorities and make his accusations outside the house."

A coroner's inquiry into Silverfox's death will also be held, but a date has not yet been set.

A preliminary autopsy report shows no signs of physical injury that would explain why Silverfox died, chief coroner Sharon Hanley said last week.

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