Cst. Lofroth's M-16 and rounds remaining after firing eight bullets at Rodney Jackson

The coroner’s inquest into the 2009 RCMP shooting death of Rodney Shayne Jackson concluded late Friday evening with the jury classifying the death as a homicide and making 13 recommendations, including a recommendation to the BC government that “the independent investigation office be implemented in an expeditious manner.”

It can be reasonably inferred from that recommendation that the jury believed that the RCMP investigation of the RCMP shooting was flawed.

The jury heard that the ERT operation followed an exchange of e-mails in which a junior New Hazelton RCMP member said, “Let’s get an ops plan in action to get this guy before winter hits. ERT, helicopter all the fun stuff.” His superior responded, “please do up a general profile of JACKSON to include all of his offences he is being charged, number of warrants, flags and our input as to the danger this sus poses (ie. proficiency out in the bush, with firearms, cop hater, record of violence, etc etc.)” According to the criminal record submitted as evidence at the inquest, Mr. Jackson’s last prior conviction was a conviction for breaching a recognizance eight years earlier.

Seven members of an RCMP ERT (Emergency Response Team) mobilized at 4:30 a.m. on September 26, 2009 to apprehend Mr. Jackson on some old outstanding warrants. They put on camouflage fatigues and face paint, and, each armed with a sidearm and an M-16 assault rifle like the one depicted above, covertly crept into the Kisgegas fishing village where Mr. Jackson was residing. Cst. Bruce Lofroth, the ERT leader, fired eight rounds at Mr. Jackson when he emerged from his cabin to see why his dogs were barking. The fatal shot struck him in his back. Mr. Jackson was probably holding his old Lee-Enfield .303 in one hand, which he invariably carried with him because he was in grizzly bear country, but it was recovered unfired and with the safety on.

The RCMP investigators did not interview any of the seven ERT members or separate them, steps that would have been fundamental to any competent investigation. Cst. Lofroth consulted a lawyer and submitted a brief typewritten explanation for his actions on November 16, 2009, some six weeks after the fatal shooting.

The RCMP nonetheless immediately determined the shooting was justified and made no report to Crown Counsel.

The coroner’s inquest into the fatal shooting of Rodney Shayne Jackson gets under way this Friday when the coroner will hear the deposition evidence of RCMP Cst. Mark Shaw, who was one of the RCMP officers involved in the fatal shooting of Mr. Jackson near Hazelton on September 26, 2009. The deposition is scheduled to begin at 9:00 a.m. on August 26 at Coroners Court, 2035 – 4720 Kingsway, Burnaby, BC. The inquest itself is scheduled for September 12-16, 2011 at BC Supreme Court, 3408 Kalum St., Terrace, BC.

Ivan Henry and his daughters after receiving news of his acquittals from the Court of Appeal

Earlier today we filed a Notice of Civil Claim on behalf of Ivan William Mervin Henry, seeking compensatory damages for his wrongful conviction.  The document, filed in the Supreme Court of British Columbia, Vancouver Registry under no. S-114405, makes various claims against the Provincial Crown, the Federal Crown, the City of Vancouver and three VPD investigators who handled Mr. Henry’s case.  These claims have not yet been proven in court. In October 2010, Mr. Henry had his convictions overturned by the Court of Appeal after serving nearly 27 years in prison.

This line-up was viewed by some of the complainants at Ivan Henry's trial. Identity was in issue; the Crown adduced no physical evidence linking Mr. Henry to the crimes.

William Davies’ final report, dealing with the response of the Criminal Justice Branch to Frank Paul’s death, was released yesterday afternoon and is available here.  We expect to have further comments after reviewing and digesting its contents.

The Ministry of the Attorney General made this announcement on May 19, 2011:

“Final report in Frank Paul inquiry delivered

VICTORIA – The final report into the death of Frank Joseph Paul has now been delivered to Attorney General Barry Penner by inquiry commissioner William H. Davies, QC.

The report will be released to the public following the process required under the Public Inquiry Act, which requires that the attorney general submit the report to cabinet at the next meeting after its receipt.

Cabinet may provide direction to the attorney general regarding any portions of the report that must be withheld by law under the Freedom of Information and Protection of Privacy Act. The final report will then be prepared and tabled with the legislative assembly. ”

We, other counsel who appeared for interested parties, and the public are still waiting to see the report that was generated in respect of the Criminal Justice Branch’s (Crown Counsel’s) response to Frank Paul’s death.