Nearly two years after he was killed by a police bullet in October of 2005, the mandatory coroner’s inquest into the death of Ian Bush, 22, is set to begin tomorrow in Houston, BC. Here’s what I posted on this tragic case many months ago:

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Much has been said and written about the case of Ian Bush, the unarmed 22 year old who was killed by an RCMP officer in Houston, B.C. last October, so I’m reluctant to add more. However, no one can doubt that the RCMP officer received benefits that no ordinary citizen in the same position would have. Imagine anyone else intentionally shooting an unarmed person in the back of the head and not even being arrested, let alone charged! Anyone but a police officer asserting that he shot an unarmed man in self defence would be told, “tell it to the judge at your trial”.

The decision not to subject the RCMP officer to the justice system is no surprise, just as it’s no surprise that the police say that the video camera in the RCMP office where the shooting occurred wasn’t working, just as it’s no surprise that it took the RCMP many months to investigate such a straightforward matter, just as it will be no surprise to learn eventually that the RCMP officer wasn’t interviewed by RCMP investigators at the scene but rather had an opportunity to prepare a typewritten statement at his leisure with the help of his lawyer.

A coroner’s inquest, which is a fact-finding, not a fault-finding exercise, could have and should have been held months ago. However, the Chief Coroner, former RCMP Deputy Superintendent Terry Smith, has an unwritten policy that inquests are deferred until after criminal investigations have been completed. This is in keeping with the BC Coroners Service’s deferential attitude to the police, an attitude that extends to allowing the police to investigate their own, to take as long as they want doing it and to ensure that the officer under investigation gets every opportunity to create a plausible-sounding excuse.

The families of victims just want a justice system that treats everybody equally, that operates without fear or favour. Surely they are entitled to that.

Here are two simple suggestions:

1) Establish an independent agency to investigate cases of police-involved death or serious injury (like Ontario’s SIU, and as a BC coroner’s jury recommended in 2004);

2) Hold coroner’s inquests into police-involved deaths right away (like other jurisdictions-this week, a Wisconsin jury conducted an inquest into the death of Nicholas Cyrus, 29, who died after being Tasered by police on July 9, 2006)

The BC system needs reform, and it needs it now, before this province becomes a laughingstock.

After an unusual eight month adjournment, the coroner’s inquest into the death of Robert Bagnell is scheduled to resume tomorrow at the offices of the BC Coroners Service in Burnaby. In September of 1997, a five person jury heard evidence that Robert Bagnell, 45, died in June of 2004 after he was jolted with 50,000 volts from two Taser guns wielded by Vancouver Police ERT (SWAT) members. Bagnell, who had a pre-existing heart condition and was in poor health, was unarmed and alone in his bathroom when he was confronted by police. The inquest has heard that at least a dozen police officers responded to a 911 call for an ambulance.

Patrick D. Wagans, 42, of Valleyview, Ohio died on May 16th after being Tasered by police, thus becoming the 26th such North American fatality this year. More than 260 people have died after being shocked by the Taser weapon’s 50,000 volt output. Law enforcement officials generally attribute these deaths to so-called “excited delerium”, which is not a recognised medical condition. The controversy continues as, on average, more than one American dies every week after being Tasered.

Much has been said and written about the weaknesses of the civil justice system in this province. However, there’s nothing like being a litigant to make one realize that there has to be a better way…

Last Friday, I spent a day with the lawyers for two taxpayer-funded public institutions (the City of Vancouver and Province of British Columbia) quibbling over the amounts I was entitled to as costs after winning my personal civil case against them for violations of my constitutional rights back in 2002.

The chorus from a Social Distortion song kept running through my head:

“Yeah, yeah yeah…I’m chasing nickels and dimes

While the rest of the world passes me by

Nah, nah, nah… I’m just wasting my time

I’m just sitting here and wondering why”

M. Ness/Rebel Waltz Music (ASCAP) and J. Wickersham/Ogle Street Music (BMI)

…..

I wish I could report that the case is wrapped up. However, a full day was not enough to deal with my Bill of Costs, so we will all have to return for a further day’s hearing (at least) in about a month. As well, the Province appealed the trial judgment, so I will have to wait many more months before this is finally over.

To recap, on August 2, 2002, several Vancouver police officers handcuffed me and transported me to the Vancouver Jail, where I was strip-searched and imprisoned for the balance of the day. My car was located and impounded as well, but I was never charged with any offence.

All of this happened, according to the Vancouver police, because I “matched the description” of someone who was overheard saying something about throwing a pie at the Prime Minister…no pie was ever thrown by anyone, nor was one found. The Vancouver police refused to apologize for my treatment and even published media reports suggesting they were right to deal with me this way. After a six day civil trial, a BC Supreme Court judge disagreed and awarded me damages.

Yesterday, the Commission for Public Complaints against the RCMP announced that it had amended the chair-initiated complaint into the fatal shooting of Kevin St. Arnaud:

“Mr. Paul Kennedy, Chair of the Commission for Public Complaints Against the RCMP (CPC), the federal agency that provides independent civilian review of RCMP members’ conduct in performing their policing duties, has amended a complaint into the events related to the shooting death of Kevin St. Arnaud near Vanderhoof, British Columbia, pursuant to section 45.37(1) of the RCMP Act.

The inquest into Mr. St. Arnaud’s death occurred in January 2007. It became clear from evidence heard during the inquest that there are also issues relating to the adequacy of the original criminal investigation that need to be addressed as part of the Commission’s public complaint.

As such, Mr. Kennedy is amending his public complaint to add the following allegation:

Members of the RCMP failed to conduct an adequate investigation into the death of Mr. St. Arnaud.”

Kevin St. Arnaud

The coroner’s inquest jury heard evidence that RCMP constable Ryan Sheremetta, then 22, shot Kevin St. Arnaud, 29, three times in the chest from a distance of some 5.5 metres in the early morning hours of December 19, 2004. Kevin was intoxicated, unarmed, had his hands up and was holding only a white plastic bag and two plastic pill bottles just before he was killed.

Cst. Sheremetta testified he feared for his life and fired all three bullets from flat on his back as Kevin approached him in a menacing manner, shouting, “you’re gonna have to shoot me motherfucker”. However, his colleague Cst. Colleen Erickson, a twenty four year veteran of the RCMP, saw the shooting from nearby and testified that Sheremetta was standing “in a combat stance” when he fired the shots and that she did not hear the alleged threat. A civilian eyewitness reported that Sheremetta was standing just before the shots rang out, and that Kevin had his hands up in surrender.

The forensic evidence of three experts revealed that both men were standing, that Kevin was stationary just before he collapsed, and that the three fatal bullets entered his body in a downward trajectory of 30 to 40 degrees. The primary investigator, RCMP Staff Sgt. Glenn Krebs, conceded that he concluded in April of 2005 that there were “inaccuracies” in Sheremetta’s account , but his superior, RCMP Staff Sgt. Flath nonetheless subsequently advised Crown Counsel that there was “insufficient evidence” to support criminal charges.

Cst. Sheremetta reportedly remains on active duty with the RCMP in Kamloops, as does Cst. Paul Koester, who fatally shot Ian Bush in Houston, BC in October of 2005. Kevin St. Arnaud leaves three young children, his parents, two younger brothers and a sister.