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Global News
4 days ago
- Global News
Memorial for fatal Kelowna crane collapse unveiled on anniversary
A special ceremony was held Saturday on the four-year anniversary of a crane collapse in Kelowna that took the lives of five men. The Rise Memorial Garden at the city's Knowles Heritage Park opened to the public, honouring the victims of the Brooklyn Tower accident on July 12, 2021. Four construction workers were killed in the collapse, along with an office worker in an adjacent building. The men killed were Cailen Vilness, Jared Zook, Brad Zawislak, Patrick Stemmer, and Eric Stemmer. Hundreds attended the anniversary event, including family and friends of those lost, sharing their grief. Cailen's father Chris Vilness was one of several parents who helped pushed efforts forward for a permanent memorial. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'We originally talked about a mural on the side of a building and we were fortunate to get the right people to participate,' said Vilness. Story continues below advertisement 3:40 Remembering one of the victims of the Kelowna crane collapse Vilness said each victim had a garden and bench in the memorial. 'It's very, very wonderful and we're super happy about it.' The International Union of Operating Engineers Local 115 called on the B.C. Prosecution Service to proceed with a criminal trial to help deliver justice to the families. No charge has been laid in the incident, despite RCMP recommending a charge of criminal negligence causing death more than a year ago. The B.C. Prosecution Service said 'the police investigation and charge assessment process is ongoing,' and there was no timeline for completion. Vilness awaits the investigation's conclusion. 'We're all still waiting for the facts, for some answers,' he said. 'We've been pretty patient with that and it's coming up to four years and I think it's long overdue to give us the outcome.'
Vancouver Sun
14-06-2025
- Vancouver Sun
Supreme Court of Canada quashes B.C. sex conviction, extends 'rape shield' law
The Supreme Court of Canada quashed a sexual-assault conviction against a B.C. man in a precedent-setting decision that strengthened the 'rape shield' law, ruling that even a complainant's lack of a sexual past can't be brought up in court. In a 9-0 unanimous decision released Friday, the court overturned a decision by B.C.'s Appeal Court in which Dustin Kinamore was found guilty of one count of sexual assault. The top court ordered a new trial. The B.C. Prosecution Service is reviewing the decision before deciding if it will be retried, said spokeswoman Damienne Darby in an email. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. 'The decision brings needed guidance,' including that such evidence needs to be approved by a judge before it is introduced at a trial, she said, adding such evidence can, if it meets certain criteria, still be included at trial. The decision would affect any current trials but she wasn't aware of any in jeopardy because of the ruling, she said. The B.C. Supreme Court and the Appeal Court had both allowed prosecutors to introduce the complainant's texts, which were sexual in nature but also told Kinamore that she did not want to have sex with him. Section 276 of Canada's Criminal Code, known as the rape shield law, limits the defence's use of evidence about a complainant's sexual history in court. The trial and appeal court judges had ruled that the prosecution's use of the complainant's sexts, which included that she was a virgin, weren't subject to Section 276 because they weren't about sexual activity but about sexual inactivity. The Supreme Court of Canada disagreed, concluding prosecution 'applications are subject to the same substantive admissibility and procedural requirements that apply to defence-led evidence,' law, wrote Chief Justice Richard Wagner. It said a complainant's sexual inactivity can 'evoke distinct myths and stereotypes that these rules seek to eliminate.' Kinamore's lawyer, Matt Nathanson, said in a text that he was pleased with the ruling and that its significance goes far beyond his case and has 'broken new ground' on sexual assault law that promotes 'consistency and fairness' for both parties because the prosecution has to apply to introduce that evidence in the same way that the defence does. He said Section 276 has long recognized that myths and stereotypes about complainants shouldn't be used to attack their credibility and now, 'for the first time,' the court says 'inverse' myths and stereotypes shouldn't be used to 'unfairly enhance their credibility either.' It is wrong to suggest complainants are more likely to have consented because of sexual history, and 'it is now wrong to suggest that a lack of previous sexual activity means they are less likely to have consented,' he said. Kinamore, then 22, met the complainant, then 16, in May 2020 and texted each other for months, up to Aug. 3, 2020, when they met at his apartment, according to the decision. She said he sexually assaulted her, and he said the sexual activity was consensual and didn't go as far she said it did because he stopped when she said to stop, it said. At trial, the prosecution introduced text exchanges, some explicitly sexual, without having a hearing known as a voir dire to test their admissibility. In many of them, she made it clear she wasn't interested in a sexual relationship with the accused and some referred to her virginity, and both the prosecution and the defence relied on the evidence, Wagner's judgment said. The Appeal Court ruled the texts were admissible because the complainant's messages expressing she wasn't interested in sex 'fell outside the exclusionary rule governing a complainant's sexual history,' according to Wagner's decision. In dismissing that, Wagner wrote that inadmissible evidence was used by the trial judge in her reasons to assess the credibility of the accused and the complainant and she 'relied heavily on this evidence in her reasons for finding Mr. Kinamore guilty.' A new trial was needed because 'her error was not harmless,' Wagner wrote. Relying on a complainant's past sexual inactivity 'remains grounded in false assumptions' that 'undermine the fairness of a trial by distorting its truth-seeking function,' he said. Screening evidence protects the complainant's dignity and privacy, he said. He also said the 'increasing complexity of sexual offence trials' add to the overburdened system and his ruling would will 'assist in minimizing unnecessary cost and delay.' Hilla Kerner of the Vancouver Rape Relief and Women's Shelter said it's unfortunate in this case because the conviction was overturned, but she welcomed the guidance from the higher court to speed up long trials. Consent is at the core of any sexual assault case, Dalya Israel of the Salal Sexual Violence Support Group, formerly Women against Violence Against Women, said in a text. 'When courts focus on context over consent, even well-meaning approaches, including those led by the Crown, can unintentionally reinforce the very myths the legal system is meant to reject,' she said.
Hamilton Spectator
09-06-2025
- Hamilton Spectator
Judge upholds obstruction conviction for B.C. Mountie in Dale Culver case
A provincial court judge has ruled that the guilty verdict stands for an RCMP officer convicted of obstruction of justice in the case of an Indigenous man who died in police custody in 2017, clearing the way for sentencing. A statement from the British Columbia Civil Liberties Association says Judge Adrian Brooks dismissed the attempt by RCMP Const. Arthur Dalman to have the proceedings stayed, rejecting Dalman's claim that his Charter rights were breached. The B.C. Prosecution Service has confirmed the ruling, which communications counsel Damienne Darby says was released on May 29. Dalman was found guilty last July of obstruction of justice for ordering witnesses to delete video footage taken at the time Dale Culver was arrested in Prince George. The civil liberties association says officers used pepper spray during the 'violent' arrest and Culver died about 30 minutes later after complaining of breathing difficulties. The Independent Investigations Office of B.C. recommended charges in 2020 after finding reasonable grounds to believe two officers may have committed offences related to the use of force and three others may have obstructed justice. But the civil liberties association says manslaughter charges against two officers were stayed last year, one obstruction charge was stayed and another officer was acquitted of obstruction, leaving Dalman as the only officer convicted in the case. The reasons for Brooks' judgment have not been released, and Darby said in a statement on Monday that Dalman's next appearance is on June 19 to set a date for a sentencing hearing. Culver was from the Gitxsan and Wet'suwet'en Nations. He was 35 years old at the time of his death. An RCMP release from the time said police had received a report about a man casing vehicles and found a suspect who tried to flee on a bicycle. The civil liberties association, meanwhile, said after Culver's death that it was aware of reports from eyewitnesses that he 'was taken forcibly to the ground by RCMP members immediately after exiting a liquor store, apparently unprovoked.' The group shared a statement from Culver's daughter, Lily Speed-Namox, following the judge's decision to uphold Dalman's conviction this week. The family has waited 'eight long years' for accountability, Speed-Namox says. 'I have somehow managed to remain positive about my feelings that eventually someone would be held accountable. 'Even if it's because Dalman lied under oath to 'protect' his fellow officers. How many people have to die before people realize that the justice system is broken?' In the earlier decision finding Dalman guilty of obstruction of justice, the same provincial court judge, Adrian Brooks, found the officer deliberately lied and his evidence was 'so fraught with illogical missteps … and so contradictory when compared with reliable evidence, that it (was) not worthy of any belief.' Culver's cousin, Debbie Pierre, says in a statement that Brooks' latest decision upholding Dalman's conviction marks a step toward accountability. 'But true justice goes beyond one decision. My vision is for a system where Indigenous lives are protected — not silenced — and where police are trained to de-escalate, not destroy. 'This is not just about Dale; it's about transforming a justice system that continues to fail our people. We will not stop until that change is real.' This report by The Canadian Press was first published June 9, 2025. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Winnipeg Free Press
09-06-2025
- Winnipeg Free Press
Judge upholds obstruction conviction for B.C. Mountie in Dale Culver case
A provincial court judge has ruled that the guilty verdict stands for an RCMP officer convicted of obstruction of justice in the case of an Indigenous man who died in police custody in 2017, clearing the way for sentencing. A statement from the British Columbia Civil Liberties Association says Judge Adrian Brooks dismissed the attempt by RCMP Const. Arthur Dalman to have the proceedings stayed, rejecting Dalman's claim that his Charter rights were breached. The B.C. Prosecution Service has confirmed the ruling, which communications counsel Damienne Darby says was released on May 29. Dalman was found guilty last July of obstruction of justice for ordering witnesses to delete video footage taken at the time Dale Culver was arrested in Prince George. The civil liberties association says officers used pepper spray during the 'violent' arrest and Culver died about 30 minutes later after complaining of breathing difficulties. The Independent Investigations Office of B.C. recommended charges in 2020 after finding reasonable grounds to believe two officers may have committed offences related to the use of force and three others may have obstructed justice. But the civil liberties association says manslaughter charges against two officers were stayed last year, one obstruction charge was stayed and another officer was acquitted of obstruction, leaving Dalman as the only officer convicted in the case. The reasons for Brooks' judgment have not been released, and Darby said in a statement on Monday that Dalman's next appearance is on June 19 to set a date for a sentencing hearing. Culver was from the Gitxsan and Wet'suwet'en Nations. He was 35 years old at the time of his death. An RCMP release from the time said police had received a report about a man casing vehicles and found a suspect who tried to flee on a bicycle. The civil liberties association, meanwhile, said after Culver's death that it was aware of reports from eyewitnesses that he 'was taken forcibly to the ground by RCMP members immediately after exiting a liquor store, apparently unprovoked.' The group shared a statement from Culver's daughter, Lily Speed-Namox, following the judge's decision to uphold Dalman's conviction this week. The family has waited 'eight long years' for accountability, Speed-Namox says. 'I have somehow managed to remain positive about my feelings that eventually someone would be held accountable. 'Even if it's because Dalman lied under oath to 'protect' his fellow officers. How many people have to die before people realize that the justice system is broken?' In the earlier decision finding Dalman guilty of obstruction of justice, the same provincial court judge, Adrian Brooks, found the officer deliberately lied and his evidence was 'so fraught with illogical missteps … and so contradictory when compared with reliable evidence, that it (was) not worthy of any belief.' Culver's cousin, Debbie Pierre, says in a statement that Brooks' latest decision upholding Dalman's conviction marks a step toward accountability. 'But true justice goes beyond one decision. My vision is for a system where Indigenous lives are protected — not silenced — and where police are trained to de-escalate, not destroy. 'This is not just about Dale; it's about transforming a justice system that continues to fail our people. We will not stop until that change is real.' This report by The Canadian Press was first published June 9, 2025.
Vancouver Sun
05-06-2025
- Vancouver Sun
No charges against Metro Vancouver transit cop who shot and injured 'deranged guy'
A Metro Vancouver Transit Police officer won't be charged after he shot seven rounds at a suspect during a 2022 confrontation, the B.C. Prosecution Service says. The non-fatal shooting on Nov. 28 of that year was investigated by the Independent Investigations Office of B.C., and the chief civilian director ruled that there were reasonable grounds to think the officer might have committed an offence. But prosecutors decided there is 'no substantial likelihood of conviction' after a follow-up investigation and no charges will be laid. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. A detailed explanation of the incident released Thursday outlined the reasons for the decision. On that night, a couple called 911 reporting a 'deranged guy' carrying a knife in Gastown who they'd seen punch someone. Other callers said the same man attacked people outside a bar on Abbott Street and that he took off with a broken pool cue in hand as a bar staffer chased him with the other half. Two transit cops heard from Vancouver police that he was walking west on West Cordova Street. It was reported to be a knife or a sword but turned out to be the broken pool cue. VPD officers told the man to drop the weapon and shot him five times with a beanbag gun after he failed to comply. 'These rounds had no apparent effect on the (man's) behaviour,' according to the officers. As they tried to block him with a police car, he stumbled briefly then continued to advance on the officers, weapon still in hand. Another round from the beanbag gun and a Taser were deployed, again to little effect, before the transit officer fired seven rounds with his gun. He was taken to hospital with serious injuries. The Crown considered charges of aggravated assault and assault with a weapon, but prosecutors failed to find evidence to warrant them. The statement noted police are 'justified in doing what (they are) required or authorized to do and in using as much force as necessary for that purpose,' as long as officers believe there is an imminent threat to them or those they are trying to protect. There is some leeway in the case of an officer in a dangerous, dynamic situation, but the use of force must not be unreasonable or excessive. Given the evidence, the prosecution service said a trial would 'likely conclude that reasonable grounds existed for the officers to believe the (man) posed an imminent risk to anyone he might encounter' and that use of force was needed to prevent any further violence. Though seven shots were fired, prosecutors determined a court 'would likely conclude that the officer's perception that the man posed a risk of death or grievous bodily harm was both subjectively and objectively reasonable.' Video evidence supports the witness evidence that the man was unfazed by the less-lethal force of the beanbag rounds, Taser round and contact with the police cruiser. The suspect himself admitted to investigators he was still holding a weapon and that this was 'probably the reason I got shot.' jruttle@
