The Province

Family of B.C. man shot by RCMP says investigat­ions set up to fail

- Beth Leighton

The family of a British Columbia man fatally shot by RCMP is asking questions about the office that investigat­es police-involved deaths across the province, saying its very structure makes it “designed to fail.”

Peter de Groot was living on a homestead in southeaste­rn B.C. when he was involved in a confrontat­ion with RCMP in October 2014 and fled into the bush.

The 45-year-old, described by his family as an accomplish­ed scholar who had suffered a disabling brain aneurysm, was found in a cabin four days later and police have said he was shot and killed by an officer after he pointed a rifle at them.

A report released March 29 by the Independen­t Investigat­ions Office concludes the officer’s actions were justified and charges are not warranted, but de Groot’s family says in a statement that many key issues remain unanswered.

They say the office carefully selected the evidence used in its report, that it was stymied by a lack of resources and received no co-operation from the RCMP officer who fired the fatal shot.

Ron MacDonald, chief civilian director of the office, said in an interview Friday that the law clearly states people who are being investigat­ed for a potential criminal offence can’t be forced to give a statement.

“That has to be their voluntary choice, and that’s what the Supreme Court of Canada has told us.”

The family’s lawyer, Donald Sorochan, said the structure of the Independen­t Investigat­ions Office makes delays and inadequate results inevitable.

Sorochan said the agency is modelled on Ontario’s Special Investigat­ions Unit, but in setting up B.C.’s office, the province “ignored the many years of challenges and resistance to oversight by police stakeholde­rs in Ontario, which had necessitat­ed several reports by senior judges.”

B.C.’s office uses a memorandum of understand­ing with police agencies and doesn’t have the “statutory and regulatory enactment foundation” found in Ontario, Sorochan said in a statement issued Friday on behalf of de Groot’s family.

“Unlike Ontario, the IIO is required to investigat­e actions of members of the RCMP, a force that does not welcome oversight by anyone outside their ranks,” he said.

The report clearing the RCMP officer of wrongdoing does not comment on most of the interactio­n between de Groot and police, focusing instead on whether there was any basis for a criminal charge, the family statement said.

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PETER DE GROOT

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