Transparency in investigations will help build trust

The building of trust is an ongoing process, says Cameron Alexis, outgoing Alberta Regional Chief for the Assembly of First Nations, particularly when it comes to interaction between Aboriginal people and the police.

In May, the Alberta Serious Incident Response Team released the results of its investigation into the last of three shootings which took place in August 2013 and involved RCMP officers and Aboriginal men. In all three cases, ASIRT cleared the RCMP officers of wrong-doing. On Aug. 1, 2013, Curtis Hallock was shot in the arm and leg following an incident in the Victor Lake Métis Co-op residential area. On Aug. 3, 2013, Lance Cutarm died and Larron Cutarm was injured following a traffic stop near Ma-Me-O Beach. On Aug. 15, 2013, Daniel Charland, 52, was shot and killed in a residence on the Cold Lake First Nation.

While Alexis would prefer to see such incidents dealt with by a First Nations tribunal, ASIRT is presently the organization that renders the rulings. ASIRT is an independent body which investigates incidents in which police are involved in serious injury or death of any person.

“It’s important that ASIRT is absolutely neutral, (that it) ensure that the evidence presented and gathered shows impartiality. Sometimes we don’t like what the findings are but that’s something we have to live with,” said Alexis.

Susan Hughson, executive director of ASIRT, understands the importance of transparency.

“The way the Aboriginal community gains confidence in ASIRT is by knowing that we’re trying to be as transparent as possible,” said Hughson. “Confidence is something that, quite frankly, has to be earned and ASIRT’s definitely trying to work towards earning that trust and that confidence.”

Distrust of authority is well-grounded in history, she says, noting that the impact of residential schools (where oftentimes RCMP took children away from their homes) “is absolutely horrifyingly far reaching.”

Hughson, who took over as executive director from Clifton Purves, has pushed transparency to the point where she and team members have personally delivered the findings to the families. She says “lengthy meetings” were held in Wetaskiwin in January with the Cutarm family and Chief Randy Ermineskin and council as well as in Cold Lake in May with Charland family members, Elders and band council members.

“I want them to understand that I have respect for them and I believe they are entitled to information,” said Hughson “Sometimes the results that apply to any given case are not going to make the family happy, may not make the community happy, but ASIRT’s job is to do a full and fair investigation where we can adequately assess what happened and come to a conclusion on that.”

Going to the families first and then the communities and explaining the evidence and how conclusions were drawn is important, says Hughson, who notes that often times the circumstances surrounding the event are neither well-known nor widely-known.

“They’re very difficult decisions to make and very difficult discussions to have with family members Ö because even if there is no misconduct on the part of the officer or any conduct that constitutes an offence, it’s still a horrible tragedy and somebody has lost their life and there’s nothing we can do to make that better for the family,” said Hughson.

Alexis, a retired RCMP officer, held the justice portfolio for the AFN. He says meeting with the family and community is essential.

“I think that’s an important step … because it’s not just the family that’s been affected, it’s the whole Nation, too,” he said.

Alexis says that after the August 2013 shootings, meetings were held with ASIRT and a resolution passed at the Assembly of Treaty Chiefs that ASIRT include Aboriginal investigators. Since that time, two full time and one part time Aboriginal investigators have been added to the team.

Those new members, says Hughson, have been important in not only opening channels of communication between ASIRT and the Aboriginal community, but in guiding ASIRT in dealing with affected families in a culturally sensitive manner.

Hughson notes that ASIRT is not the only organization to investigate an officer-involved shooting. Once ASIRT has completed its work and made a decision, a public fatality inquiry takes place. The family participates in this process, which allows them access to documents and the evidence, including all of ASIRT’s records. This is an open court process in the presence of a judge.

“The purpose of (the public fatality inquiry), even though there may have been no offences committed, I think we all want to know that there’s nothing that could have been done better. And sometimes if there is something that could have been done better, then that can be addressed in the public inquiry process,” said Hughson.