By Amy Romer, Local Journalism Initiative Reporter INDIGINEWS
Lawyers for a Prince George Mountie convicted of obstruction in the death of Dale Culver are calling for a stay of proceedings 鈥� a legal maneuver that has outraged Gitanyow leaders.
Culver, 35-year-old Gitxsan and Wet鈥檚uwet鈥檈n man died in police custody in 2017, sparking an investigation by the province鈥檚 police watchdog.
In July, a judge found Const. Arthur Dalman guilty of obstruction of justice for ordering bystanders to delete cellphone footage of Culver鈥檚 violent arrest.
Three weeks later, Dalman鈥檚 lawyers applied for a stay of proceedings, arguing his Charter rights were breached, including the right to a trial within a reasonable time.
The B.C. Prosecution Service (BCPS) confirmed the Aug. 16 filing to Indigi亚洲天堂, stating in an email that 鈥渢his application, unfortunately, will delay the sentencing hearing, which has not yet been scheduled.鈥�
According to the Supreme Court of B.C., 28 months is considered a 鈥渞easonable time鈥� for a trial. Dalman鈥檚 case lasted more than 80 months, and his latest legal application won鈥檛 be heard until next spring, prosecutors noted.
The application has outraged Culver鈥檚 family.
鈥淎fter seven long years, an officer was finally held accountable,鈥� said Culver鈥檚 cousin Debbie Pierre, in a Gitanyow press release on Sept. 26. 鈥淗e must not escape justice on a technicality.鈥�
On July 18, 2017, Prince George RCMP officers chased Culver for cycling without a helmet and refusing to stop, according to an April 5 document from BCPS. Officers had been looking for a 鈥淐aucasian鈥� man 鈥渙n foot looking in cars,鈥� who they alleged 鈥渕ight have a partner on a bicycle.鈥�
When approached by a police officer shortly after 10 p.m., Culver 鈥� who the BCPS noted was 鈥渧isibly Indigenous,鈥� not the Caucasian suspect 鈥� fled on his bicycle until the officer pulled him backwards off his bike, injuring Culver鈥檚 arm.
During his arrest, multiple officers punched, kicked and kneed him violently, including one who pepper-sprayed his own glove and 鈥減laced the glove over Mr. Culver鈥檚 mouth,鈥� prosecutors said.
Within 30 minutes 鈥� after telling officers, 鈥淚 can鈥檛 breathe鈥� 鈥� Culver died.
Last year 鈥� six years after his death 鈥� the Independent Investigations Office (IIO) of B.C. recommended manslaughter charges for Const. Paul Ste-Marie and Const. Jean Francois Monette, and obstruction of justice charges for Dalman, Sgt. Jon Eusebio Cruz, and Const. Clarence Alexander MacDonald.
Only Dalman鈥檚 charges were pursued.
The Gitanyow Hereditary Chiefs, in a statement last week, called police a 鈥渞acist institution鈥� in need of a 鈥渇undamental overhaul鈥� in the country.
鈥淲e are committed to holding the officers responsible for Dale鈥檚 death accountable,鈥� said the group鈥檚 executive director Sk鈥檃鈥檔ism Tsa `Win鈥橤iit (Joel Starlund), 鈥渨hile also pushing for broader systemic changes to prevent further tragedies.鈥�
Dalman鈥檚 request for a stay of proceedings comes amidst increased scrutiny of a disproportionate number of Indigenous deaths at police hands across the country.
Over 11 days from Aug. 29 to Sept. 9, at least six Indigenous people 鈥� including one youth 鈥� were killed by police or died in their custody across 鈥淐anada,鈥� according to research by Jaad Gudgihljiwah (Michaela McGuire) for the Yellowhead Institute.
As a percentage of the country鈥檚 population, it鈥檚 the equivalent of 114 non-Indigenous people dying in the same timeframe.
鈥淭he dehumanization of Indigenous peoples is reflected in the indifference of Canadians today,鈥� wrote McGuire, a Simon Fraser University criminology doctoral student and Haida Nation member. 鈥淪o much so that our deaths become merely passing bylines.鈥�
Starlund said Culver鈥檚 death more than seven years ago is a reminder it鈥檚 鈥渘ot just about one case,鈥� but about 鈥渢he ongoing injustices faced by Indigenous communities across the country.鈥�
Since 2020, data collected by the IIO shows Indigenous people represent between 18 to 30 per cent of cases it investigated, despite making up only six per cent of the province鈥檚 population.
The provincial justice ministry created the IIO in 2012 as a civilian-led agency to investigate police incidents resulting in death or serious harm. A public inquiry called for the independent watchdog鈥檚 creation after RCMP officers鈥� 2007 killing of Polish immigrant Robert Dziekanski in Vancouver International Airport.
That inquiry鈥檚 final report also argued against the B.C. Prosecution Service 鈥� which is overseen by the province鈥檚 justice ministry 鈥� deciding on criminal charges against police, because of 鈥減ivotal concerns about conflict of interest, public distrust, and an undermining of public confidence in the police and in our justice system.鈥�
In an earlier interview, the former IIO Chief Civilian Director, Ronald MacDonald, told Indigi亚洲天堂 the inquiry鈥檚 recommendation about who should approve charges against police was 鈥渋mportant鈥� and 鈥渟omething that I believe needs to change鈥� 鈥� referring to the inquiry鈥檚 conclusion that 鈥渂ecause prosecutors work with police every day, there is at least the appearance of conflict,鈥� MacDonald said.
鈥淚t鈥檚 a critically important issue that we discuss whether oversight cases in this country are being properly handled by prosecutors,鈥� he added.
After provincial prosecutors declined to pursue all but Dalman鈥檚 charges in Culver鈥檚 death, B.C. Assembly of First Nations Regional Chief Terry Teegee said Indigenous people are 鈥渟till grappling with a system designed to maintain power and control and is deeply rooted in colonialism, discrimination and injustice,鈥� according to a July 31 statement from the First Nations Leadership Council.
鈥淔irst Nations are calling for a justice overhaul,鈥� Teegee said, including a national strategy for First Nations justice 鈥� developed in collaboration with First Nations 鈥� to address the 鈥渟ystemic violence against racialized people in Canada.鈥�
For Culver鈥檚 cousin Pierre, she鈥檚 fed up with what she described as the system protecting its own.
鈥淲e will not rest until justice is served for Dale and all Indigenous peoples who have lost their lives in police custody,鈥� she said. 鈥淐anada must confront this crisis head-on, beginning with accountability for the officers responsible for Dale鈥檚 death.鈥�
