Inquiry into police-shooting deaths of 2 men calls for mandatory legal funding for families

An inquest report into the police shooting deaths of two men in Winnipeg has put a spotlight on the struggles some families face in attending such hearings, recommending mandatory funding for lawyers to represent them.

“Two Indigenous males were killed by WPS officers. These are not the only times this has happened and in many of those deaths, like these two, family members have not been able to obtain legal representation for the inquest,” states the report by Judge Robert Heinrichs, filed on July 26.

Many families can’t afford lawyers and provincial court judges don’t have the authority to an agency or organization to pay for one, he wrote.

Heinrichs underscored the importance of that service as part of reconciliation. Legal funding isn’t cited in the Truth and Reconciliation Commission’s calls to action, but “we need to remind ourselves” of two key principles, he wrote:

• Reconciliation must create a more equitable and inclusive society by closing the gaps in social, health, and economic outcomes that exist between Aboriginal and non-Aboriginal Canadians.
• Reconciliation requires political will, joint leadership, trust building, accountability and transparency, as well as a substantial investment of resources.

Without a lawyer to help, families can be overwhelmed by the magnitude of material to sift through, and how to offer recommendations, the report states. Counsel can provide that but also spare grieving families from the trauma of studying reports, photos, videos, and statements.

Heinrichs headed the inquest earlier this year into the deaths of Adrian Lacquette, 23, and Evan Grant Caron, 33, who were fatally shot by police in separate incidents 10 days apart in September 2017.

An inquest is mandatory if a person’s death is believed to be the result of force by a peace officer acting in the course of duty.

‘I’m out. I’m done.’

Both Vivian Caron and Lacquette’s mom, Joanne Malcolm, wanted to have legal counsel represent them at the inquest and both were unsuccessful, Heinrichs wrote.

They tried to continue but Malcolm eventually gave up in frustration, saying “I’m out. I’m done,” the report noted.

As a result, the inquest did not hear much about who Adrian Lacquette was prior to his death, Heinrichs wrote.

Heinrichs instead relied on evidence Malcolm, and Lacquette’s sister Chantelle, provided during an investigation by the Independent Investigation Unit of Manitoba, which found the use of deadly force was justified.

Vivian did push through, however. She questioned witnesses and made recommendations but it wasn’t easy, Heinrichs wrote, citing the expense of making repeated trips to the Crown’s office to view disclosure.

Lacquette’s death

In the evening of Sept. 12, 2017, Lacquette attacked his sister, Chantelle, following a binge of alcohol and cocaine.

He kicked her in the head and hit her with the stock of the gun before leaving the home on Pritchard Avenue in the North End, carjacking a woman a couple of blocks away and then robbing a beer vendor on Notre Dame Avenue, the inquest report states.

Officers caught up with the stolen SUV just after 1 a.m. on Alfred Avenue, where Lacquette was pressing a gun to his head and described as having a crazed, determined look.

When he pointed it at the officers, police opened fire. An autopsy confirmed Lacquette died from nine gunshot wounds and was under the influence of cocaine, oxycodone and alcohol.

An expert in police training and use of force testified the officers’ response was appropriate and reasonable.

Evan Caron’s death

Vivian said her son became addicted to meth while living in the city after being displaced from their home reserve as a result of the 2011 Fairford River flood.

His behaviour changed and he became paranoid, thinking people were following him or out to get him.

In the afternoon of Sept. 23, 2017, several calls were placed to 911 about Evan being armed with knives and attacking his brother at a home on Madrigal Close, in The Maples area of the city.

When Vivian called, there was desperation in her voice and a lot of screaming in the background, the inquest report states.

Police rushed to the scene, believing a homicide was in progress. An officer banged on the locked door, saying he heard screaming and running coming from inside.

After multiple kicks, the door broke open and the officer’s momentum carried him into the foyer, where he fell. Evan thrust the blade of a knife at the head of the officer, who twisted away and began shooting, hitting Evan six times.

The officer later saw the knife blade sticking out of his left shoulder, the inquest report states.

Evan was pronounced dead at hospital. The autopsy report revealed “a significant amount of methamphetamine” in his system.

Again, the expert on use of force determined the officer’s response was justified.

Judge calls for separate inquests

The Fatality Inquiries Act allows for a single inquest to be held into multiple deaths if the circumstances are similar enough, so those of Evan and Lacquette were combined. Heinrichs wants to see that practice halted.

He recommended an inquest involving multiple deaths only take place when those deaths stem from the same incident.

The personal lives and the circumstances of the deaths of are not identical and should be given their separate due, he wrote.

“This ensures that families are given dignity,” he wrote, quoting Vivian.