Watchdog clears offi cer in Opitsaht shooting

Watchdog clears offi cer of blame in Opitsaht shooting

Tla-o-qui-aht left in the dark over a decision from investigations offi ce, details delayed until after a trial in June

By Eric Plummer Ha-Shilth-Sa Editor

Opitsaht, BC - B.C.’s police watchdog has ruled out criminal charges from a fatal RCMP shooting in Opitsaht last year, but those aff ected by the tragedy will have to wait until an upcoming trial is completed for reasons why the offi cer is being cleared. On Feb. 27, 2021 two Tofi no RCMP offi cers responded to a call from the Meares Island village reporting a woman was being held against her will. At approximately 9:30 p.m. police arrived at a residence in Opitsaht to “locate a woman in distress,” according to an RCMP press release. An altercation ensued, resulting in the shooting death of 28-year-old Tlao-qui-aht member Julian Jones, while another man was taken into police custody. The Independent Investigations Offi ce of B.C. was on the scene the next day to investigate. The IIO is described as a “civilian led” oversight agency that gets involved when death or serious injury occurs while police are present. After over a year of investigating the incident, on Nov. 17 the agency determined not to recommended charges to Crown counsel, as “there is no reasonable grounds to believe that any offi cer committed an off ence.” “We’re highly disappointed with the fi ndings,” said Tla-o-qui-aht Councillor Francis Frank, noting that the announcement has emotionally triggered the family of Julian Jones. “We’re also extremely upset with the manner that the IIO chose to roll the fi ndings out. More disturbing for us is that they provide no rhyme, reason or rationale behind the fi ndings.” According to Ronald J. MacDonald, the IIO’s chief civilian offi cer, upcoming legal proceedings presented the agency with a tough decision of when to release its fi ndings. A trial from the incident involving the surviving participants that was scheduled for October has been adjourned until June 2023. Crown counsel asked the IIO to not release details of the investigation until after the trial so that the judicial process isn’t compromised. “I do understand the signifi cant frustration involved,” said MacDonald. “Either way, the reasons are going to have to wait until what looks like next year.” For the fi rst time, the IIO appointed an Indigenous monitor from the Tla-o-quiaht community to represent the standpoint of the First Nation. Thomas George submitted a report at the end of the IIO’s investigation, which also will not be publicly available until after the upcoming trial. “He came into our offi ce and spent the better part of two weeks going through anything he wanted to see in the fi le,” said MacDonald. “Our goal was to get that opinion as to determine whether there were things we may have missed, anything about the community we weren’t aware of that he may be able to inform us about.” “I have no recommendations for the integrity of the investigation; the investigation was carried out with excellent procedure,” said Thomas George, in a statement included in an IIO press release from Aug. 2. “I do not see that anyone else needs to be spoken to in order to complete this fi le. The interviews and evidence collected were fulsome. I am content with the way the IIO conducted the investigation.” Despite this process, the IIO’s recent announcement has sparked frustration through Nuu-chah-nulth communities. On Nov. 17 the Nuu-chah-nulth Tribal Council stated it was “disillusioned, frustrated and devastated” by the agency’s decision to not recommend charges against police. Jones’ death by police gunshot was the second to aff ect a Tla-o-qui-aht member within a year, after the shooting of Chantel Moore in Edmundston, New Brunswick on June 4, 2020. Police were called to the 26-year-old’s home to check on concerns others had for her safety, but this late-night wellness check ended with Moore be fatally shot. The Edmundston Police Department stated that the offi cer, Jeremy Son, was defending himself as Moore approached him with a knife, but a coroner’s inquest determined the incident was a homicide. The New Brunswick prosecution service deemed Son not criminally responsible, based on an investigation by a Quebec-based police oversight agency. In its response to the recent IIO an-

Photo by Eric Plummer Pictured is Opitsaht, home to approximately 150 residents, where a fatal clash with the RCMP occurred on Feb. 27, 2021. nouncement, the Nuu-chah-nulth Tribal Council stressed the need for better police training in de-escalation and disarming people rather than shooting to kill, as well as improvements in communication protocols with First Nations. “We believe that there has to be other ways and means to defuse or to de-escalate a situation,” added Frank. “Without knowing all of the details of the circumstance, the RCMP could have easily called one of our council members or community members to go in and check on the situation before they responded.” “Or they could have accompanied them to go in,” continued the Tla-o-qui-aht councillor. “Some familiarity would have helped diff use the situation from where it escalated to.” Although discussions with the RCMP Francis Frank have been “cordial” since the fatal shooting in Opitsaht, Frank believes that clear guidelines are long overdue on how police should enter the First Nation’s communities. “Really there should have been a greater urgency on both parties, including ourselves, on the need to lay in place a clear understanding of our relationship and what protocols should be followed when coming into our communities,” he said. “That’s not in place yet, and one would have thought after that incident that we all have agreed to expedite that.”

At COP27 province pledges to work with First Nations on cu ing oil and gas emissions by 38 per cent by 2030

By Denise Titian Ha-Shilth-Sa Reporter

Sharm El Sheikh, Egypt – How is global warming aff ecting First Nations communities in British Columbia? B.C. Assembly of First Nations Regional Chief Terry Teegee says we have seen climate catastrophes in the form of atmospheric rivers, drought, forest fi res and a heat dome in the past few years alone. “The eff ects of which are most profoundly felt in First Nations communities,” he said in a virtual media conference. The BCAFN sent a delegation to the COP27 conference, which was held in Sharm El Sheikh, Egypt from Nov. 6 to 18. Hugh Braker of Tseshaht was there in his role as political executive at the First Nations Summit. COP27 brought together more than 2,000 speakers and 35,000 participants to take part in discussions around global warming and the environment at the United Nations Framework Convention on Climate Change. COP27 means Conference of the Parties and 27 indicates the number of conventions held. “The hosting of COP27 in the green city of Sharm El-Sheikh this year marks the 30th anniversary of the adoption of the United Nations Framework Convention on Climate Change,” said Egypt President Abdel Fattah El-Sisi. “Thirty years and twenty-six COPs later, we now have a much clearer understanding of the extent of the potential climate crisis and what needs to be done to address it eff ectively.” “The science is there and clearly shows the urgency with which we must act regarding rapidly reducing emissions of greenhouse gases,” continued Fattah El-Sisi, who stressed the need to help developing countries adapt to the negative environmental impacts from global warming and industrialization. He noted the ongoing food security crisis and drought in Africa as examples. Closer to home, fi ve Indigenous delegates that attended the conference shared their concerns. The BC Assembly of First Nations and members of the First Nations COP27 delegation from British Columbia held a virtual media conference November 16. Noting the seasonal storms that are intensifying and ocean levels that continue to rise, Hugh Braker said that it’s the Indigenous communities that are being most aff ected. “The governments of the world gathered to discuss climate change,” he said. “They don’t seem to understand or appreciate the impacts of climate change on Indigenous peoples of the world. We seem to be an afterthought.” Union of BC Indian Chiefs Executive Kukpi7, Judy Wilson, pointed out that, by the end of the century, the average global temperature is expected to rise by 2.5 C, and we’re already experiencing a 1.1 C increase. “We are already experiencing loss and damage,” she said. The UN, she said, recommends that world leaders strive to keep the situation from getting no worse than it already is. The plan is to align, she said, alluding to the BC First Nations Climate Strategy Action Plan. According to BCAFN, they have been working on a provincial First Nations Climate Strategy for the past three years. Atmospheric rivers are something new in our history, said BCAFN Board Mem-

Photo from White House/Wikimedia Commons Ahead of COP27, on Nov. 11 US President Joe Biden met with President El-Sisi of Egypt. The leaders discussed global efforts to tackle the climate crisis, their longstanding defense partnership, and respecting fundamental freedoms. ber Chief Harvey McLeod. “The water took land, homes, crops, roads, and livestock,” he said. “There were evacuations. Many of the homes damaged or destroyed were uninsured. The village of Lytton burned and some of our people are still living in hotels more than a year later.” To rebuild is expensive, he added. “This fall, the salmon were dying due to lack of water as they waited downstream to get to their spawning grounds,” said McLeod. Hugh Braker said Indigenous people of the world are the most aff ected by climate change. “Yet we’re at the bottom of the economic ladder,” he added. “Rich folks move to higher ground. We don’t have that luxury. It aff ects our way of life. We have nowhere to go.” He urged the governments of the world to speak to their Indigenous people and plan for the catastrophe that’s about to fall upon them. “It is not of our making,” said Braker. “We need to have a large Indigenous contingent there to bring a voice loud enough that the leaders of the world hear them. This is a threat to our culture, traditions, way of life. I can’t imagine our people without cedar or salmon.” Taylor Behn-Tsakoza was at the COP27 conference as a youth representative with the BCAFN and Assembly of First Nations. She said COP27 had the highest number of Indigenous representatives of all the COPs. “Hope is alive, seeing our people have infl uence to help change the mindset of world leaders,” she said. The BC delegation heard reports at COP27 and recognize there is a need for better disaster response and mitigation. “We need to eliminate expansion of the oil and gas industry and develop transition plans for our communities that rely on the oil and gas industry,” said Wilson. “We can’t sell more oil and gas, and reduce carbon emissions at the same time.” “We need to access more fi nancing and the necessary resources to deal with the climate change issue,” said Teegee. B.C.’s Environment and Climate Change Strategy Minister George Heyman said there is still much work to be done to bend the curve. He acknowledged the impacts of global warming on Indigenous people, aff ecting their food sources, land, even their languages, he said. Heyman thanked the leadership council for First Nations Climate Action Plan Strategy, saying B.C. will work with them to blend plans and bridge gaps. The province has committed $2 million to the First Nations Leadership Council gathering where the issue will be discussed. Heyman committed to speak to First Nations on how to achieve the 33-38 per cent reduction in oil and gas emission by 2030. “We need concrete, tangible commitments to reduce emissions to prevent further loss and damage,” said Terry Teegee. Taylor Behn-Tsakoza encouraged the youth of the world to learn more about climate change. “I hope to see more youth, not only Indigenous, be a part of this so they can listen, learn and add their voice to this discussion,” she said.

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