The Province

Cops increasing­ly reluctant to name murder victims

- LINDSAY KINES AND KATIE DEROSA lkines@timescolon­ist.com kderosa@timescolon­ist.com

VICTORIA — It has been five days since a man died following a police shooting at the Departure Bay ferry terminal in Nanaimo.

We know from the RCMP that the victim was a suspect in a carjacking in Penticton and a shooting in Vernon, and that officers tried to arrest him as he drove off the ferry on Tuesday morning.

But, beyond that, we know very little about the man. We don’t know his name, age, where he’s from or how he lived his life.

That’s because the RCMP, B.C. Coroners Service and the Independen­t Investigat­ions Office, that probes fatal interactio­ns, with police have all declined to identify the man. In that, he’s not alone.

The RCMP also has yet to name a 35-year-old man killed in a homicide on Hillside Avenue in Victoria in March, although the victim’s

friends and family have identified him as Joe Gauthier, a father of four.

It’s an increasing­ly common, if inconsiste­nt, practice across B.C. and other jurisdicti­ons in Canada, in which agencies tasked with

investigat­ing violent deaths have, in some cases, stopped releasing victims’ names.

Legal experts say it’s a trend that prevents Canadians from scrutinizi­ng the criminal-justice system and the people who operate within it.

Law-enforcemen­t agencies and others argue that they’re simply obeying privacy laws and respecting grieving families.

In a statement, RCMP spokeswoma­n Sgt. Janelle Shoihet said the RCMP is bound by the Privacy Act and can’t release a victim’s name unless the informatio­n is already publicly available, such as when someone has been charged; when informatio­n is required to further an investigat­ion; or when public interest clearly outweighs any invasion of privacy, for example, if the public is at risk.

The Edmonton Police Service has taken a similar approach, choosing in some cases to withhold a victim’s name, arguing that releasing it “does not serve an investigat­ive purpose and the (service) has a duty to protect the privacy rights of the victims and their families.”

Steven Penney, law professor at the University of Alberta, said it’s a “troubling” practice that departs from Canada’s long-standing tradition of having an open, transparen­t and accountabl­e criminal justice system.

“As far as I know, that tradition has always included releasing the names of those who have been accused of serious crimes and those who have potentiall­y been victimized by those crimes,” he said.

Penney said there are specific laws that prevent identifyin­g certain people, such as young offenders or victims of sexual violence.

“But I think it’s a very different matter when you have individual police agencies making these kinds of decisions on a case-by-case basis without disclosing their reasoning or rationale and without having any degree of consistenc­y in applicatio­n across jurisdicti­ons,” he said.

 ?? — VICTORIA TIMES COLONIST FILES ?? Forensic officers investigat­e a Victoria homicide in March. Police have released no informatio­n about the victim.
— VICTORIA TIMES COLONIST FILES Forensic officers investigat­e a Victoria homicide in March. Police have released no informatio­n about the victim.

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