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No wrongdoing found for offi cer who shot Moore

New Brunswick Police Commission fi nds “insuffi cient evidence” that policeman commiç ed a breach of conduct

By Denise Titian Ha-Shilth-Sa Reporter

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Edmundstun, N.B. – “We are a fair and independent civilian police oversight body,” reads the greeting page of the New Brunswick Police Commission, but friends and family of Chantel Moore beg to diff er after learning the commission cited insuffi cient evidence as the reason that the police offi cer involved did not commit a breach of the Code of Professional Conduct Regulation. The Commission released its report Nov. 19. “The Commission has completed its review of the Police Act investigation conducted by an investigator appointed by the Commission and will take no further action as there is insuffi cient evidence that the offi cer committed a breach of the Code of Professional Conduct Regulation,” said Commission Chair Marc Léger in the report. In other words, they found there was no wrongdoing on the part of Jeremy Sun, the Edmundston Police Force offi cer who shot 26-year-old Chantel Moore to death during a June 4, 2020 wellness check. “They don’t protect us, they only protect themselves!” wrote Martha Martin, mother of Chantel Moore, in a social media post after the report was released. “Cops investigation(s) cannot be done by retired cops…. They will never arrest their own!” The June 4, 2020 shooting death drew national attention after it was learned that Moore, a mother of a young daughter, had lost her life during a wellness check. She was, according to police testimony, asleep on her sofa in plain view of the police offi cer who went to check on her safety in response to a call from a concerned friend. Moore had been drinking with friends at her apartment hours earlier. By the time the police offi cer arrived at her thirdstory walk-up apartment, Moore’s friend had gone home. The offi cer alleged that when he woke Moore by pounding on her window, she retrieved something from the kitchen counter and went to the door. He said she was holding a blanket around herself with one hand while wielding a knife with the other. The offi cer told investigators that she refused to drop the knife after repeated, loud commands in French, and was advancing toward him in a threatening manner. Moore suff ered multiple gunshot wounds and died on scene. “This fi nding of no misconduct is outrageous,” said NTC President Judith Sayers. “They and the Crown basically say it is ok to shoot an Indigenous woman four times if the offi cer feels his life was endangered. That it is reasonable force. How can that be considered reasonable? A large offi cer against a small woman cannot disarm her? And has to shoot her that many times?” “The systemic discrimination in the system is rampant and must be changed for justice for Chantel and other First Nations people,” Sayers added. “We need big changes to police acts and complaints procedures. We need Indigenous peoples involved in the complaints procedures.” “This is yet another example of the so called ‘justice system’ in Canada failing First Nations peoples,” said NTC Vice-President Mariah Charleson. “We cannot forget that Chantel was murdered and shot numerous times on a ‘wellness check’ by an on-duty policeman. When we see no accountability from these horrendous actions that have led to the loss of precious life, it tells the whole world that young First Nations women’s lives don’t matter, which couldn’t be further from the truth.” Charleson pointed to the fi nal report on the National Inquiry into Missing and Murdered Indigenous Women and Girls. Its 231 calls to justice have yet to be implemented, she said. “When we see Canada’s lack of response to these imperative calls to justice, we are seeing a country continue to infl ict genocide on our precious women, girls, 2 spirit +,” added Charleson. The NB Police Commission says it will not release its report to the public in accordance with their Privacy Act, Police Act, and other privacy rules. However, Léger, the commission’s chairman, noted the investigation’s policy and procedural review found issues outside the commission’s mandate. “The Coroner’s Inquest into Ms. Moore’s death may raise those issues as well and the commission is ready to fully cooperate with the coroner,” said Léger. Sayers says there will be a coroner’s inquest scheduled for February 2022. The purpose of the inquiry is not to fi nd fault or wrongdoing, but the coroner can rule on the manner of death, whether it be homicide, suicide or accidental. The purpose of the coroner’s inquest is to investigate the circumstances of a death in order to prevent a similar tragedy in the future. According to Sayers, the Crown Special Investigators Report said it was homicide but that it was justifi ed. She said the coroner’s inquest makes recommendations. “The recommendations from the Rodney Levi coroners inquiry were good. We can hope for the same,” she added. Rodney Levi, 48, was an Indigenous man shot by police in New Brunswick on June 12, 2020, just eight days after the death of Chantel Moore. The jury in the coroner’s inquest ruled his death a homicide rather than “suicide by cop” which a forensic suicide expert alleged at the trial. The coroner’s inquest jury in the Rodney Levi case presented recommendations, including the reinstatement of the Indigenous band constable program, as well as opening detox centres and more mental health services in First Nation communities. They also recommend that RCMP offi cers not be fi rst responders during wellness checks but should be on standby. “We also hope for Justice of Chantel in other ways. Better and more de-escalation tactics. Trauma-informed teams used in wellness checks. More training for offi cers on respect and valuing Indigenous lives,” said Sayers. She went on to say that a civil lawsuit is likely the next step. On her Facebook page Martha Martin wrote, “I love you my girl, I will continue to fi ght for justice. Your life mattered.”

Submitted photo Chantel Moore, 26, was fatally shot during a police wellness check on June 4, 2020.

DFO pledges ‘continued prosperity’ for First Nations

Continued from page 1. “DFO can adjust their numbers accordingly to the rest of the sectors.” During the AGM Tseshaht Chief Councillor Ken Watts noted that over the years the federal department has operated according to its own plans, regardless of what party holds power in Ottawa. “DFO is its own machine of government,” he said. “It doesn’t matter who is in power, what mandate has been put forward, they’re going to do whatever they want in DFO.” But part of Fisheries and Oceans Canada’s mandate is to “support Indigenous participation in fi sheries,” a stake that ensures “continued prosperity”. “There remains no more important relationship to me and to Canada than the one with Indigenous Peoples,” stated Prime Minister Justin Trudeau, in his supplementary mandate letter sent to former fi sheries minister Bernadette Jordan in January. “You, and indeed all ministers, must continue to play a role in helping to advance self-determination, close socioeconomic gaps and eliminate systemic barriers facing First Nations, Inuit, and Métis Peoples. As minister, I expect you to work in full partnership with Indigenous Peoples and communities to advance meaningful reconciliation.” “All of the DFO policies since the ‘60s and ’70s have been put in place to get the Indian out of the water,” said Charleson. “It’s gotten so bad now that we have four commercial fi shermen in all of Nuu-chahnulth who actually do it for a living.” A new mandate letter from the prime minister has not yet been publicized, but a formal invitation for Murray to meet with the Council of Ha’wiih Forum on Fisheries is expected in the coming weeks as the minister settles into her new role.

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Photo by Eric Plummer Despite disastrous fl ooding elsewhere in the province and heavy rain in Port Alberni, the Somass River has not risen to an alarming level for the Tseshaht First Nation. Pictured is the First Nation’s administrative building over the Somass River. Tseshaht avoids fl ood devastation

As river levels remain manageable, First Nation considers its community fortunate

By Sam Laskaris Ha-Shilth-Sa Contributor

Port Alberni, BC – Gina Pearson just might want to go out and purchase some lottery tickets. That’s because Pearson, who is the emergency response co-ordinator for the Tseshaht First Nation, has surprisingly not had any additional stress at work in recent weeks. Yes, various parts of British Columbia have suff ered devastating consequences of late because of fl oods and landslides. And the B.C. government declared a provincial state of emergency on Nov. 17 to provide a response to the widespread damage. Mike Farnworth, the minister of Public Safety and Solicitor General, had announced the provincial emergency. He made the announcement after recommendations from Emergency Management BC and the Ministry of Transportation and Infrastructure. The original state of emergency was scheduled to be in eff ect for 14 days. On Monday, the state of emergency was extended for an additional two weeks, until Dec. 14. “Extending the state of emergency will extend the ongoing support and recovery from the widespread damage already caused by fl ooding while positioning us to take all necessary steps in the days ahead,” Farnworth said on Monday while announcing the extension. But Pearson, who works out of the band administration offi ce, said her First Nation has been extremely fortunate. Even though the First Nation’s community of Port Alberni has received a tremendous amount of rain, no issues have resulted from that, she said. “We’ve been very lucky,” Pearson said. “We just haven’t had any fl ooding.” Some were anticipating some fl ooding to occur as part of the First Nation is located beside the Somass River. Flooding has occurred in Tseshaht in the past because of its proximity to the river. “We are on fl ood watch,” Pearson said. “And that’s about all we can do right now.” Pearson added the First Nation has yet to take any preventative measures to avoid fl ooding, and is somewhat surprised that the river has not risen to concerning levels. “We monitor the houses that are along the river,” Pearson said, noting there are a dozen homes that are closely monitored on a consistent basis. “The closest house to the water is 50 feet from the riverbank. Once the water reaches that house, then we have a problem.” As the emergency response co-ordinator for her First Nation, Pearson’s duties include doing a visual inspection of the water levels in the community. On days it rains, she leaves her offi ce and heads to the community’s Papermill Dam to assess water levels. She’ll also monitor if there are any signs of potential water troubles for the Tseshaht homes along the river. “We’ve been lucky for about four years now,” Pearson said, as fl ooding has not been a concern for community members recently. She added the last fl ooding in town occurred because there was also a large amount of snow on mountains surrounding the community. Heavy rains melted substantial amounts of accumulated snow, then forcing additional water into the community and into various homes. Pearson recalled some Tseshaht homes were evacuated at the time and residents had to spend three days in hotel rooms. If needed, Pearson would have to place a phone call to offi cials with Emergency Management BC. This organization would then be responsible for providing bags and sand to help mitigate any potential problems in the community. Emergency Management BC would also cover the expenses for any residents who would need to evacuate and fi nd alternate housing arrangements.

Ha-Shilth-Sa belongs to every Nuu-chah-nulth person including those who have passed on, and those who are not yet born. A community newspaper cannot exist without community involvement. If you have any great pictures you’ve taken, stories or poems you’ve written, or artwork you have done, please let us know so we can include it in your newspaper. E-mail holly.stocking@nuuchahnulth.org. This year is Ha-Shilth-Sa’s 47th year of serving the Nuu-chah-nulth First Nations. We look forward to your continued input and support. Kleco! Kleco!

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