NationTalk: Gitanyow Lax’yip – The Gitanyow Hereditary Chiefs are outraged by the latest development in the case of Dale Culver, who died in RCMP custody seven years ago.

After being found guilty of obstruction of justice this summer, Constable Arthur Dalman’s lawyers have filed a stay of proceedings, citing alleged breaches of his Charter Rights, including the right to a trial within a reasonable time. This new legal maneuver delays sentencing until a hearing in 2025, pushing justice for Dale even further.

Culver, a 35-year-old member of the Wet’suwet’en and Gitksan Nations, died in a violent arrest in Prince George, BC, on July 18, 2017, after being chased for riding a bike without a helmet. That night, multiple RCMP officers pepper-sprayed, punched, kicked, and kneed Culver, who died approximately 30 minutes later after complaining of difficulty breathing.

Five RCMP officers faced charges related to the incident, but Dalman is the only officer who has been convicted of an offence. Criminal charges were not approved against the officers until nearly six years after Culver’s death.

Manslaughter charges were recommended for Constables Paul Ste-Marie and Jean Francois Monette, while obstruction of justice charges were recommended for Sergeant Jon Eusebio Cruz and Constables Clarence MacDonald and Arthur Dalman.

However, on April 5, 2024, the manslaughter charges against the two officers were stayed, and a month later, MacDonald’s obstruction charges were also stayed.

On July 25, 2024, Judge Adrian Brooks found Dalman guilty of obstructing justice for ordering bystanders to delete cellphone footage recorded after Culver’s arrest. The judge concluded that Dalman had lied under oath, stating his testimony “is not worthy of any belief.” Although Judge Brooks expressed “serious concerns” about Cruz’s evidence, he determined that his testimony raised sufficient reasonable doubt, resulting in an acquittal.

In light of this troubling turn of events, the Gitanyow Hereditary Chiefs renew their calls for justice and accountability, demanding systemic change within law enforcement and the BC Prosecution Service to address and dismantle systemic racism.

Dale Culver’s death is not an isolated incident. Between August 29 and September 17, 2024, nine Indigenous people across Canada were either killed by police or died in police custody. The family of Dale Culver, alongside a coalition of Indigenous organizations and advocates, have been calling on the government to take immediate action to address what they describe as a crisis of systemic racism in policing.

Calls to Action

• On May 29, 2024, we sent a joint letter to Assistant Deputy Attorney General Barbara Carmichael, requesting that the Attorney General direct Carmichael to reconsider criminal proceedings against the officers responsible for the deaths of Dale Culver in 2017 and Jared Lowndes in 2021. Including appointing a Special Prosecutor or Ad Hoc Counsel, that Counsel be an Indigenous lawyer or, in the alternative, that an Indigenous lawyer accompany the Special Prosecutor or Ad Hoc Counsel as second chair during the criminal proceedings.
• A full public inquiry into law enforcement’s role in the deaths of Indigenous peoples, including Dale Culver and Jared Lowndes. The inquiry be Indigenous-led, ensuring Indigenous oversight.
• Immediate removal and decisive action against police officers displaying racist attitudes or behaviour.
• Comprehensive reforms within law enforcement to address and dismantle systemic racism.
• Transparent and consistent accountability from the BC Prosecution Service in prosecuting police for criminal offences.
• Publicize the outgoing report from the former Chief Civilian Director of the Independent Investigations Office to ensure transparency and accountability.

Quotes:

Joel Starlund/Sk’a’nism Tsa ‘Win’Giit, Executive Director of the Gitanyow Hereditary Chiefs, said:

“Policing in Canada needs a fundamental overhaul of this racist institution. We are committed to holding the officers responsible for Dale’s death accountable while also pushing for broader systemic changes to prevent further tragedies. This is not just about one case; it’s about addressing the ongoing injustices faced by Indigenous communities across the country.”

Debbie Pierre, cousin of Dale Culver and Operations Manager for the Gitanyow Hereditary Chiefs, emphasized:

“After seven long years, an officer was finally held accountable, and he must not escape justice on a technicality. Dalman was found guilty by a court of law, and he must be sentenced accordingly. The system must stop protecting its own. We will not rest until justice is served for Dale and all Indigenous peoples who have lost their lives in police custody. Canada must confront this crisis head-on, beginning with accountability for the officers responsible for Dale’s death.”