
Watchdog suggests review of how RCMP interact with Indigenous people, mental health calls
B.C.'s police watchdog is recommending changes to how police interact with Indigenous people and communities, as well as people experiencing a mental health crisis, in the wake of an investigation into RCMP actions during an incident three years ago that left a Williams Lake, B.C., man dead.
B.C.'s Independent Investigations Office (IIO) released a report last week detailing the events of July 10, 2022.
The report states that just after 3:42 a.m. PT, a family member called police to report that a man was suicidal at their home in Williams Lake. Another family member said the man was intoxicated and had a loaded firearm.
According to the report, police, including crisis negotiators, tried to speak with the man several times, but were not successful. Tear gas was used in an attempt to get the man out of the house, items were thrown at windows to break them, and a drone was sent into the home to locate the man.
Tactical officers entered the home around noon and found the man dead. An autopsy confirmed he died by suicide.
While the investigation found no criminal wrongdoing on the part of police, the IIO said the incident raises questions about the relationship between police and Indigenous peoples.
"While the IIO's mandate does not include examining systemic issues in policing, it is important to acknowledge that Indigenous communities in Canada have long faced systemic discrimination by police," the report reads.
It said that discrimination becomes clear when you consider disproportionate rates of arrest and incarceration that Indigenous people face.
Williams Lake First Nation (WLFN) Chief Willie Sellars confirmed the man who died that day in 2022 was a member of the WLFN.
"He was a good friend, he was a family man, and we felt that [if the situation had] been handled differently, he would still be here today."
While police were cleared of criminal wrongdoing, he said he wants to see police held accountable for their actions.
"At the end of the day, you know, the safety of our community is of utmost importance. Having a working relationship with the RCMP is a part of that, and we understand that, too. But that relationship has to result in change in the way they carry about within the territory, and we have to hold them accountable at the same time."
Mental health calls
The report also said the incident raises questions about how police handle interactions with people experiencing a mental health crisis.
Jessica Berglund, the chief civilian director of the Independent Investigations Office of B.C., said there have been a number of studies showing that "military-style" responses to individuals in mental health crisis may not be the best option.
A 2010 report from the Mental Health Commission of Canada recommended police "use-of-force training" be reviewed by police academies and agencies to ensure plenty of time is made to learn how to resolve situations without the use of force, and that training keys in on symptoms of mental illness, verbal communications, interpersonal skills and de-escalation techniques.
"In this case, we don't know if those techniques used by the RCMP did contribute to the man taking his own life, but there's been so much input from Indigenous communities and the mental health profession saying that this is not the right way to try to de-escalate a situation where we are really trying to save that person's life," Berglund said during an interview on CBC's Daybreak Kamloops.
The report said family members asked why they weren't involved in negotiations. Crisis negotiators and other officers said friends and family are not typically included in attempts to speak with people in crisis to avoid the possibility of triggering the person.
"If you don't know if that person's a trigger, and you don't now what their motives are … and you interject with somebody who quite possibly could be the problem .. that's extremely dangerous," an unnamed crisis negotiator said in the report.
Berglund said the police did everything according to their training and policy in this case.
But she said she's forwarding recommendations to the Civilian Review and Complaints Commission (CRCC) for the RCMP to see if current protocols really are the best way to handle these situations.
The CRCC confirmed it had received the report and is reviewing it.
Sellars said he hopes the IIO's report will ultimately bring about change.
"There's definitely more work to be done," he said. "Progress is happening, but it's not happening quickly enough. It's stuff like this that sets back that progress."

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Jenna Ostberg died overnight Dec. 30, 2023. Before her death, 911 had been called, but police deemed it a Priority 2 case and didn't immediately respond. The family of a Thunder Bay woman who died in 2023 say justice hasn't been served after Ontario's police watchdog concluded that no criminal charges were warranted in the case. Jenna Ostberg died overnight Dec. 30, 2023. Before her death, 911 had been called, but police deemed it a Priority 2 case and didn't immediately respond. The 911 call was later cancelled on the mistaken belief that Ostberg, who was 21, had left the residence. Jenna Ostberg3 Jenna Ostberg's obituary photo. (Supplied) Her body was found hanging in a bedroom the next morning. In a statement issued by their lawyer, her parents, Melanie Beardy and Vincent Ostberg, said they were disappointed in the decision, especially after waiting such a long time for the investigation to be completed. 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She later Googled him and the news articles did not come up, because he did not use his legal name. 'Mr. T gave several explanations for his decision to lie about his criminal convictions, which I accept. First, he says that he did not consider his criminal convictions to relate to the job or the safety of Ms. Carter's children. From his perspective, his convictions had nothing to do with violence or children or any other aspect of the job, as he understood it,' Cousineau wrote. 'Second, he says that he considered it significant that MotiveWave did not require him to complete a criminal record check. He figured that they had done their due diligence and, if it were truly necessary, would have required a criminal record check.' Carter and Lindsay, the co-founders, testified they had reservations about Mr. T as he overstated some of his skills, but liked his 'energy and enthusiasm' and were struggling to find any other qualified applicants, so decided to give him a shot. 'Lindsay testified that they thought that the worst-case scenario was that, if it didn't work out, they would terminate Mr. T's employment and move on,' the decision reads. Mr. T started the job on Aug. 24, 2020 – an employment that lasted seven days. The HRT noted Lindsay and Carter learned of his legal last name when he submitted his banking details and 'found it strange' but didn't follow up. Lindsay and Carter gave the HRT several reasons they decided to terminate Mr. T after one week. Some pertained to his performance, such as not progressing in training and spending too much time trying to change the company's website, which was not part of the job. Carter was particularly concerned about Mr. T's demeanor, the tribunal writing the pair 'were not, in these early days, a good working fit.' She testified Mr. T repeatedly asked for access to the backend of MotiveWave's website to make changes, which made her uncomfortable, and in one instance described him as 'aggressive' and intimidating. Mr. T, for his part, said he thought things were going well and denied having an argument with Carter. 'Ms. Carter told Mr. Lindsay they needed to let Mr. T go. She told him she felt he had been aggressive, and she felt upset and scared,' Cousineau wrote. 'I accept that, at this point, Mr. Lindsay and Ms. Carter had decided to terminate Mr. T's employment the next day. This decision was not based on his criminal convictions, because they did not know about them yet. This is when Ms. Carter remembered that Mr. T's legal name was 'Mr. U' and decided to Google him.' The couple found several news articles about the bank robbery and Mr. T's conviction for obstruction of justice, which they were shocked by. The tribunal accepted Lindsay and Carter 'were scared by what they read and perceived that Mr. T posed a safety threat to them and the kids.' Lindsay called Mr. T and asked if the articles were about him, and he said yes and admitted he lied about not having a criminal record. Lindsay told Mr. T he could not have him working in his house anymore. 'The meaning was clear: because of Mr. T's criminal convictions, he was fired effective immediately,' the decision reads. 'Mr. T started pleading with Mr. Lindsay to find a solution. He tried to explain that the information in the articles was incorrect, that the issue was his mental health, that he had gotten help, and had taken responsibility. He told Mr. Lindsay he could talk to his mother, friends, probationary officer – anyone would confirm that he was a good person. He suggested he could work remotely. However, Mr. Lindsay was resolute. The relationship had been tarnished, and the employment could not continue.' Mr. T filed the human rights complaint the following day, Sept. 2, 2020. The decision MotiveWave's operators argued Mr. T's prior convictions were not a factor in his firing, as they had already decided to dismiss him. However, the tribunal ruled the crimes were part of the decision, as they fired him immediately after finding out, rather than the next day as previously planned. The HRT also noted that if MotiveWave fired Mr. T for lying about the convictions, rather than the crimes themselves, it might have been off the hook. Lindsay and Carter also argued the convictions were related to Mr. T's job because he worked out of their home where their three young children were present, and that the product support specialist role involves accessing baking information from customers. 'I agree, without reservation, that an employer has no obligation to employ someone who poses a threat to their children. But the law is clear that the threat must be assessed contextually, and not solely by focusing on a past crime,' Cousineau wrote. The tribunal deemed Mr. T's risk of engaging in further violent or threatening behaviour 'very low, if not negligible' because when he robbed the bank he was dealing with an untreated mental illness and has since received treatment, is taking medication and understands his triggers. 'He is resolute in a determination to rehabilitate himself and move forward after his convictions. However, one of the biggest obstacles to his rehabilitation is how people respond to him when they learn about the convictions,' the decision reads. 'He described his job with MotiveWave as a 'dream job' that allowed him to work in the field he was passionate about, with people he admired. He foresaw opportunities to grow and progress. Mr. T's commitment to rehabilitation and success cement my conclusion, considering all the circumstances, that his previous convictions were unrelated to his employment with MotiveWave.' Cousineau thus declared MotiveWave terminating Mr. T was discriminatory. The compensation The tribunal denied Mr. T's claim for 18 months worth of wages, as it found he would have been fired for 'non-discriminatory' reasons the next morning regardless. However, the tribunal awarded half of the $20,000 he claimed for injury to dignity, feelings and self-respect. In his testimony, Mr. T said it would have been much easier to move on if Lindsay and Carter gave any other reason for firing him. 'The indication to me that the only reason they fired me was because of my criminal history and it had nothing to do with who I was as a person, or the work I did as a worker; it basically indicated to me that I could be the best worker and the most courageous and happy person and people will still fire me for a criminal event that happened many, many, many years ago,' he said. 'That process made me think that my life isn't worth anything. And I had some really deep thoughts about what purpose I have in society or in a community in which no one wants me or no one would give me the time of day to give them my knowledge or to help them.' Cousineau accepted the incident seriously impacted Mr. T's mental health, and, while reiterating he would have lost the job anyway, ordered MotiveWave to pay him $10,000.


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