Boushie family sues Gerald Stanley, RCMP
Lawyer says lawsuit is aimed at self-reflection by Mounties
REGINA The same day news broke of a lawsuit filed by the family of Colten Boushie against Gerald Stanley and the RCMP, people gathered at a protest camp in the shadow of the Saskatchewan Legislative Building to mark the second anniversary of the young man’s shooting death.
At the Justice for Our Stolen Children Camp, some 50 people came together at a memorial Thursday evening under hazy, hot skies to remember Boushie, killed on the Stanley farm on Aug. 9, 2016.
The justice system was on the minds of many, with some hoping the Boushie family’s civil case could bring some solace to the community.
“I think every minor victory is a good step in the right direction,” said Courtney Arlt, who came with her three young children. “But there’s a lot of work to do.”
As Arlt stood in the midst of the 15 teepees still standing there, she thought about the words of Boushie’s uncle, whom she recalls from a rally right after the acquittal.
“He was saying how he was worried that people would forget who he was, and forget about Colten Boushie, that this would just be another event in a long string of events in our lives as Indigenous people,” said Arlt.
“I don’t want to forget about what happened.”
Boushie’s sister Satin Denny was also at the gathering.
“On behalf of my family I’d like to thank you guys for being here in support,” she said.
Camp spokeswoman Robyn Pitawanakwat said they took direction from the family in holding the gathering. She said the acquittal is still a fresh wound for many, further eroding their trust in the justice system.
“With this case it’s one that is still so fresh for Indigenous people,” she said. “It doesn’t feel like two years. It’s been such a significant part of how most of us live our lives now. We are changed people.”
A lawyer representing the family of Colten Boushie said he hopes a lawsuit filed this week against the RCMP forces the organization “to look deep within itself ” and examine the manner in which it interacts with Indigenous people.
In a statement issued Thursday, lawyer Chris Murphy further said “there can be no true reconciliation until the RCMP, itself, acknowledges that the callous manner” in which its members treated the Boushie family “was due — at least in part — to the fact that they were proud members of the Red Pheasant First Nation.”
Boushie, a Cree man from the First Nation, was 22 years old when he was fatally shot by Gerald Stanley in the Stanley farmyard in the Rural Municipality of Glenside on Aug. 9, 2016.
Stanley was acquitted in the shooting death earlier this year. At trial, he admitted firing the fatal shot, but said it was an accident and he had only meant to fire warning shots into the air after Boushie and four of his friends drove onto his property.
Boushie’s family has filed two lawsuits in Saskatoon Court of Queen’s Bench: One against the RCMP and one against Stanley.
Boushie’s mother, Debbie Baptiste, and two of Boushie’s brothers, Jace Boushie and Boyblue Boushie, are named as plaintiffs in the lawsuit against the RCMP. Baptiste is the lone plaintiff in the lawsuit against Stanley.
The statement of claim filed against seven RCMP officers and the Attorney General of Canada, which oversees the RCMP, seeks $550,000 in damages for Baptiste and $450,000 each for Jace and Boyblue.
Statements of claim contain allegations which have not been tested in court.
The family’s suit alleges the RCMP violated their Charter rights by “unlawfully” searching the Boushie home on Aug. 9, 2016 when they attended to inform Baptiste that her son was dead. According to the lawsuit, Baptiste screamed and fell to the ground when she learned her son was dead. The plaintiffs claim an officer told her to “get herself together,” then asked if she had been drinking and smelled her breath.
“The Search Officers who attended the Home deliberately engaged in discrimination by subjecting three proud members of the Red Pheasant First Nation to ridicule, unlawful searches and humiliating breath tests,” the lawsuit reads.
“While the loss of Colten has devastated the Plaintiffs, it has been the unending memory of the Defendants’ highhanded and egregious conduct that has caused the Plaintiffs’ injuries.”
The lawsuit states that, because of that interaction with RCMP, Baptiste, Jace and Boyblue have suffered depression, anxiety, posttraumatic stress disorder, nervous shock, mental anguish, interference with normal sleeping patterns, loss of enjoyment of life, loss of income, suicidal ideation and “physical, psychological and emotional harm.”
Boushie’s family filed a public complaint against the RCMP in December 2016, expressing concern about the manner in which officers interacted with the family on Aug. 9, 2016. The RCMP conducted an internal investigation into the matter and cleared itself of any wrongdoing.
In a letter sent to Boushie’s family last year, RCMP Supt. Mike Gibbs said a “thorough investigation” was done into the complaints and no evidence was found to support the claims that officers were behaving inappropriately. In his letter, Gibbs said no RCMP officers recalled hearing anyone ask Baptiste if she had been drinking or telling her to “get it together.”
The Civilian Review and Complaints Commission for the RCMP is now reviewing how the RCMP handled the response to Boushie’s death.
The RCMP issued a statement on Thursday saying it would be inappropriate to comment due to the independent review and the civil suit.
The lawsuit filed this week against Stanley alleges Boushie’s death “is a direct result of the negligent, reckless or intentional acts of the defendant, Gerald Stanley.”
In the suit, the family claims Stanley failed to assess or monitor the risk of the situation and failed to contact police to deal with any potential risk. The family claims Stanley then used “excessive force when it was uncalled for,” shot Boushie at “point-blank range” when he wasn’t a threat and did not administer or call for any medical assistance.
The suit alleges Baptiste, as a result of Stanley’s actions, has suffered grief and has lost “guidance, care and companionship” from Boushie as well as past income and future earning capacity. Her claim is for $470,000, which includes $20,000 in funeral expenses, $60,000 in grief counselling, $100,000 in lost employment earnings and $200,000 in “aggravated, exemplary and punitive damages to be proven at trial.”
Eleanore Sunchild, a second lawyer representing Boushie’s family, said in a statement that the lawsuit “will hold the person responsible for Colten’s wrongful death accountable. Nothing can return Colten to his family, yet the Boushie Family will continue its relentless pursuit of justice for Colten.”
Scott Spencer, the lawyer who represented Stanley during his criminal trial, declined to comment on the lawsuit.
This spring, the Crown announced it would not appeal Stanley’s acquittal. In a rare public address to explain why no appeal would be sought, Assistant Deputy Attorney General Anthony Gerein said there could be no appeal against the outcome of the jury trial because there had been no error in law.
The defendants have 30 days to provide a statement of defence.
Boushie’s family was holding a memorial feast on Red Pheasant First Nation in honour of the second anniversary of Boushie’s death on Thursday and could not be reached for comment.