caer vmertiece Royal Canadian .. Gendarmade royale Mounted Police . du Canada cue raves Superintendent Mke Gibbs T dikbeoe rmie—xsons 0lC central District o= Sastatoon 5 October 19, 2017 suse necisrerco Me. Alun Baptiste 1892 — 101" Street satfords, S sorter ns .— Puble Complaint—Part Vil ofthe RCMP At Mr. Abin Baptiste vs. Sergeant Brent Olberg, Corporal Jeff Carter, Corporal ason Olney, Corporal Melvin Sansome, Constable Chad Doucette, Constable Michell Ahlers, Constable Justin Blacklock, Constable Laura Cockrum, Constable Andrew Park, and Constable Mark Wright Dear Mr. Avin Baptiste: This etter iin reference to your concerns as expressed to the Royal Canadian Mounted Police on December 16, 2016, !t refers t allegations against Sergeant Brent Olberg, Corporal Jeff Carter, Corpora Jason Olney, Corporal Mebin Sansome, Constable Chad Doucette, Constable Michele Alers, Constable Justin Blacock, Constable Laura Cockrum, Constable Andrew Park, and Constable Mark Wright of the Biggar, Bttlfords, and Saskatoon Royal Canadian Mounted Police (RCMP). Thi letter willconstbute a final report as required by section 45.64 of the Royo! Conadion Mounted Poice Act A thorough investigation has been conducted into your allegations by Inspector Teddy Munro who s an experienced investigatr. 1 had an opportunity to review the investigators report and, accordingly,! am now ina postion to comment on your concerns A. — Background Information on August 3, 2016, Colton Boushie was shot just outside of Bigger, Sastatchewa, on a rural farm property. The police officers attending to the scene identifed that another male had fed on foot and was subsequently taken to a ratler, matching that of Mrs Baptiste residence, on Red Pheasant First Nation. Based on evidence atthe scene, here was a posit that the male could have been in possession ofa frearm.: Pagel 1 Several ofcers attended the vilage f Red Pheasant First Nation to conduct the Next OF—tin notifeation (NO and to determine if the other mate was inthe residence. Upon ath, offeers surrounded the residence on fot while Corporal Oney, Corporal Sansome and Constable Doucette approached the front door of house MSSS. Ms. Baptiste, long with her son, Wiliam Boustie, met the offeers on the front steps where members delivered the next ofkin notfication in respects to the passing of Colton. The three offcers and the family went back intothe residence. The residence was checked and clear by the remaining offcers and within twenty mites the three officer exited and departed the residence. 8. Nature offour Complaint You have aleged the folowing concerns with regards to Sergeant Saurento, Sergeant Olberg, Corporal Carer, Corporal Olney, Corporal Sansome, Constable Doucette, Constable Ablers, Costal Bicifoc Constable Cockrum, Constable Park, and Constable Wright Allegation #1 Improper Attitude ~ That the manner in which Corporal Carter, Corporal Oey, Corora Sansome, Constable Doucette, Constable Alters, Constable lackock and Constable Cockrum surrounded Ms. Debbie Baptste‘s home onthe night of her son‘s death seemed out ofthe ordinary and was insensitive. Allegation #2 Improper Attitude — That the manner in which Corporal Carter, Corporal Olney, Comoral Sansome, Constable Doucette, Constable Aller, Constable Backick and Constable Cockrum completed the Next—OF—Kin notiation (NOK) to Ms. Baptist on the night of her so‘s death was insensitive and unacceptable: Allegation #3: Improper Search of Premises — That the search conducted by Comoral Carter Corporal Olney, Corporal Sansome, Constable Doucette Constable Aer, Constable Backiock and Const Cockrum at Ms. Baptists residence on the night of August , 2016, was egal Allegation #8 regulary in Procedure — That the media release disseminated on August 10, 2016, by Sergeant Brent Olberg was inaccurate and caused further anguish for the famly as it mae her son appear asa thief Allegation #5: Driving Iregularty = That Constable Park and Constable Wright put two females, who were taken into police custody and put in a marked pole vehicle atrisk by pursuing other vehicles that were near the location of the scene n an effrt to locate one ofthe other persons that had fled the scene Pace 12 C. — findings ofthe Investigation Allegation #2 Improper Atttude — That the manner in which Corporal Carter, Corporal Olney, Corpora Sansome, Constable Doucette, Constable Alles, Constable lackck and Constable Cockrum surrounded Ms. Debbie Baptst‘s home onthe ight of her son‘s death seemed out ofthe ordinary and was insensitive. "The investigator met and interviewed the family members that were present when police attended the residence on August 9, 2016. Th interviews included Ms. Debbie Baptiste, M. Wiliam Baptiste, Jase Boushie, Skylar Broun, Natasha Baptist and Marie Baptiste. Every family member flt that there was no need for the police to surround the residence in the manner that they id and it was out ofthe ordinary and, based on the circumstances, nsenstve ‘The investigator interviewed the offcers that attended Ms. Baptite‘s residence on that evening. From their statements it was determined that the officers had receive information that a male who ld the homicide investiation, ha been dropped offat Red Pheasant Fst Nation at a riler matching that of Mrs. Baptste‘s residence. Based on evidence at the scene, there was a possiblity that the male could bein possession ofa frearm. s a resut,the offcers attending had two tasks; one was to deliver the NOK notfation to s. Debbie Baptste and the other was to safely locate ths male. The fact that both asks were to take place at the same residence atthe same time was, as expressed by the investigator, was extremely "unique" in nature. This station made it diffclt and not possible to deal wih both tasks separately. Based on the information avalable atthe time, and for offcer and public safety seven offcers attended and stationed themselves around Ms. Baptite residence. Upon arrval at the residence, Corporal Olney, Corporal Sansome and Constable Doucette approached th front door and spoke to Ms. Baptist to delverthe tragic news of he son‘s death. Mr. Baptist, the offeers determined that the safety of the publ and of themselves was a priorty when delvering the NOK notifeation and, asa resul, several officers attended to the residence. Given thi information, for safety and tactcal reasons, support the number of offcers who attended. After reviewing all of the information, I do not support your allegation Alegation #2: Improper Attitude — That the manner in which Corporal Carter, Corporal fney, Comoral Sansome, Constable Doucette, Constable Aes, Constable Blacklock and Constable Cockrum completed the Next—OFKin notication (NOK) to Ms. Baptiste on the night of he son‘s death was insensitive and unacceptable. buring their Interview, Ms. Baptiste and her son, Wilam Roush, explained that when the polic showed up at thir residence that evenig, wh fve to seven police cars, they met the police on the deck and were tol of Colton Roushies passing. In Ms. Baptists words,she indicated that the male offer asked her, "If she was Debbi Baptiste" and when she repled, "ves" the offcer asked, "What Colton Boushie was to her?" She repled, "My son." The officer Pasels told her, "He was dead." She fell tothe flor and was ater helped back ito the house by the offeers where she, again, fll back to the foo. That is when the offer told her, "Get t together" and asked her, "Have you been drinking?" Both Ms. Baptist and her son, Willam, said that those comments were cold and insensitive. Marie Baptist indicate, inher statement, that when she arrived at the Baptiste residence she observed an older female offer rubbing Wiliam Boushie‘s back and consoling him. As she was leaving the residence, she noticed an older emale ofice being compassionate towards everybody. However, Mare also flt thatthe other offcers were not sensitive based on her perspective, but could not provide a specife example during her statement. When interviewing the offers that were present that evening, Corporal Olney, Corporal Sansome and Constable Doucette advised that they approached the front door where they were met by Ms. Baptiste. Corporal Olney asked, "If she was the mother f Colton Boushie>® and when she indicated, "ves" he informed he that, "Calon had passed away." Comoral Oney said that Ms. Baptist took it extremely hard and, shorty after, one of her sons came out to the porch and then ran back intothe residence. Corporal Olney asked Ms. Raptis i she wanted to go inside, to whichthe offeers indicated she did. Once inside th residence, the family occupied the Iving room with Corporal Olney speaking wth Ms. Baptiste and Corporal Sansome speaking to Ms. Baptste‘s sons. Constable Cockrum indicate that she asked Ms. Baptist if she would lke Vetim Services to which Ms. Baptiste replied, "No." None ofthe members interviewed. who were at Ms. Baptiste‘ residence, recll hearing anyone ak Ms. Baptiste f she had been dining, nor id they hear anyone tell he to "get it together" Corporal Olney acknowledged that the stwation was "unique" t him; "Trying to be sensitive with the next of in {otifeatin}, but at thesame time tying to keep the high is stuation safe was an extreme chalenge." Corporal Olney understood that teling someone that their loved one was deceased was a hard thing to har. However, at thesame time, there were so many questions that they could not answer, atven that th investigation was underway and it was stl unfolding. Corporal Olney understood how their approach could have been perceived as insensitive Nr. Baptiste, based on the unique set of ircumstances, I can acknowledge how the offee‘s approach could have been perceived as insensitive and for ths the RCMP apologizes. However, given the safety risks involved, the on going homicide investigation, an the tited information that could be provided by and to the offers, the approach the RCMP had to take was tactical in nature and in this stvation it was acceptable. Mr. Baptiste, Iknow from personal experence that next of kin notifetions are never easy to deliver, nor are they to hear However, based on the investigation, 1 o not support your alegation. Pace a Allegation #3: Improper Search of Premises That the search conducted by Corporal Carter, Comoral Olney, Corporal Sansome, Constable Doucette, Constable Aer, Constable Blacklock and Constable Cockrum at Ms. Baptste‘s residence on the night of August 9, 2016, was legal. ‘The investigator met and interviewed thase that were present when the police attended the residence on August 9, 2016 Ths included Ms. Debbie Baptiste, Willam Boushie and Jase Boushi. In the interviews, they indicated that they di not recll ging the police permission to search the residence on the night of Aupust 9, 2016 ‘he investigator also interviewed every police office that attended Ms.Baptste‘s residence on that evening. In their interviews, the offcers had received information that a male, who had fle the scene ofthe homicide, had been driven to Red Pheasant Firs Nation and dropped off at a trailer matching that of Mrs. Baptist s residence. There was also a susgesion that, based on evidence located atthe scene ofthe homicide, he may have been in possession o a frearm As a result, the officers attending had two tasks; one was to delverthe Next of Kin nottcation to Ms. Baptist and the second was to safly locate this male. As mentioned, th fct that both tasks were totake place at the same residence, at thesame time, was unique i nature. Again, this station made t dificult and not possible to deal wh both tasks entirely separate. Based on the information and for offee and public safety, seven polce offeer attended to and stationed themselves around Ms. Baptste‘s residence. Upon arrival at the residence, Corporals Olney and Sansome, along wh Constable Doucette approached th front door and spoke to Ms. Baptist and delivered the tragic news of her son‘s death, Corporal Onley stated that he asked Ms. Baptiste to go into the residence afer he had delivered the news of her son‘s death. Corporals Olney, Sansome and Constable Doucette folowed Ms. Baptiste and her son, illam Boushe, back into the residence, in the later prt ofthe conversation, Corpora Olney stated that he was speaking with Ms. Baptiste and he son, who were on the foor, but he was not sure which son he was speaking to as he gets them mixed up. In Corporal Olney‘s statement, he asted, "It he could take a quick ook around to see if anybody els was in the residence?" Corporal Olney indicated that he remembers the son replying, "Go ahead, ake a look, there is nobody here". Corporal Carter also stated in his interview, that he recaled ether Corporal Olney or Corporal Sansome getting permission to search the residence. The members cleared the residence, oom by room, ensuring the male was not present and that the residence was safe. The members also remained with the Baptiste family for twenty minutes in thi incident, there was no definitive evidence other than the word ofthe witnesses and the police. Whie the family were adamant that they did not provide consent to search the residence, Corporal Olney indicated that he receved verbal permission from ether Wilam or Jase Boushie and this was later confirmed by Corporal Carter. Based on the diffrence in the recollection ofthe events by witnesses an that ofthe officers, am unable to support your allegation: Paoels Allegation #4: regularity in Procedure — That the media release disseminated on August 10, 2016, by Sergeant Bront Oberg was inaccurate and caused further anguish for the amy as it made her son appear asa tht. in their statements, the famly members involved fet the medi release(s) by the RCMP made Colton Boushie look lke a criminal and he ‘deserved what he go?. Thar perception was thatit ereated racial tensions and a divsion between local Aboriginal and non— Aboriginal citzens in the area. Orne social media comments were both supportive and racial in nature The investigator reviewed the RCMP National Paley, which stated that a media release should contain the "who, what, where, when, why, and how" without compromising the investigation or privacy interests ofthe parties involved inthe incident. RCMP National Communications also looked atthe media releases and determined that RCMP followed the protocols outined. Regardiess, 1 apologie i you flt the medi releases depicted your son as a thie, and caused your family further anguish, as that was never the intent. "The process as to how RCMP media releases are created, was also examined bythe investigator to ensure that they were approved by the delegated authorities. Intl, media releases begin with a draft by the Major Crimes Team Commander, in consultation with the Communications Unit Once a final media release has been agreed upon, it isthen reviewed and approved by the Offcer in Charge of Major Crimes. n reference to this ncdent, it was determined thatthe media releases allowed this protocot in September 2016, the RCMP "F" Dision established new procedures i the Communications Unit. Aboriginal Police Services now reviews all media releases regarding serious or senstive matters that involve Aboriginal people or communities and our office in charge of our Operation Strategy Branch has ial approval ofall media releases. The resuts o the investigation determine that there were no breaches n the pacy no in the privacy interests of thase involved pertaining to the media releases. Based on these results, Ido not support your allegation. Allegation #5 Driving regularity — That Constable Park and Constable Wright put two females, who were taken into polic custody and put n a marked police vehicle, tisk by pursuing other vehicles that were near the location ofthe scene n an effrt t ocate one ofthe other persons that had fled the scene The investigation included an interview wh a passenger that was n the polic vehice when it tof the scene ofthe hormicide. This passenger stated that she had been taken into custody atier in the day and later placed inthe back ofthe polic veil. She then indcated that two RCMP offers jumped in the vehicle and drove ata high rate of speed, chasing two other vehicles. The passenger did not know the speed ofthe vehicle, but believes the chase lasted Proel over tem minutes. She further indicated that both offeers knew she was n the vehic when they left the homicide scene earler "The investigation also included interviews with Constable Pak, Constable Wrigh Sergeant Saurenko and Corporal Sansome. The interviews determined that Sergeant Savrenko was not involved in the pursut, as you ha intly inleated in your allegation in their interviews, both Constables Park and Wight incieated that they got nto the police vehicle to locate and stop two vehices that approached the scene. Both offers nclcated that they were i a rush and did not notice the female in the backseat ofthe police vehicle. When they had original parked their vehicle, they did not have a prisoner. Later, the two female prisoners were separated and one was put into thir vehicle. Both RCMP offers ncleated that they reached a speed of $0—100 klometers an hour ove a distance of approximately one klometer, before they were advised by Sergeant Sawrento t stop. Both Constables Park and Wright stated they terminated the pursuit. The offee‘s statements were veriied by Comoral Sansome, who was in another veicl infront of the Constables. Section 5.4 ofthe RCMP Operational Manual defines a pursut as, "the operation of any emergency vehide fo the purpose of apprehending a erson/ suspect who refuses to top their vehicle as directed by a peace offer, and attempts to evade apprehension." Based on the investigation, the other vehicles near th location did not refuse to stop as directed by an officer. Rather it is suggested that Constables Park and Wright were attempting to cose the distance‘ between themselves and to iret the vehicles to top. Closing the distance in the RCMP policy manual i defined as, "catching up to a vehide, but does not include a pursut." Mr: Baptiste, the Investigation determined that whle the tuo Constables referred to herr actions as a pursuit, albeit not decarig it as a pursut ( accordance with section 5.4 ofthe RCMP Operational Manual) thir actions could have placed the passenger at risk, Fortunately, Sergeant Savrenko radioed to the Constables and they resumed an appropriate dring behaviour ‘The pubic complaint process determines whether an allegation is supported or not based upon the concept of balance of probability. n layman‘s terms while a Judge or jury n a criminal il can convict an offender ifthe Crown has proven beyond a reasonable doubt*, the deciion maker in a public complaint has t be satisied on a balance of probabilty 50% +1") that an allegation i oris not supported. Mr. Baptiste, take your concern seriously, and based on the investigation, the actions of Constable Park and Constable Wright were not appropriate with a prisoner in the backseat As a result of this investigation, I support your allgation. On August 9, 2016, Constable ark and Constable Wright receive operational guidance pertaining to RCMP Plcy on Emergency Vehicle Operations and safe handing of our prisoners. Pace 17 D.. condusion Please be advised that pursuant to Section 45.64 ofthe RCMP Act, I am notifing you that the investigation ito this complaint has now been concluded. Furthermore, according to ection 45.7(1, if you are not stished with the manner in which your complaint has been disposed by the RCMP, you may request a review bythe CRCC for the RCMP by writing to them within 60 days afte recaving this RCMP Finl Report, atthe folowing address Civitan Review and Complains Commission for the RCMP £0. tox 1722, Station t Ottawa, Ontario rap oss Tet 1.000—207.6637. Fac cr3—952.0008 wine crececetp ge cafen/request review form Yours truly, Mike Gibbs, Superintendent oic central District "F" Division RCMP co: sergeant oiberg Comora Cater Comoral Olney Comoral Sansome Constable Doveette Constable Ablers Constable Blicock Constable Cockrum Constable Park Constable Wright ——. Christopher R. Murphy, Barrister and Soiitor "" Division Professional Responsibility Unik National Publi Complaints Directorate Civitan Review and Complaints Commission Pagel