Chair-Initiated Complaint into the Shooting Death of Kevin St. Arnaud in Vanderhoof, British Columbia and into the Adequacy of the Subsequent RCMP Investigation
Commission's Review of the Facts Surrounding the Events
It is important to note that the Commission for Public Complaints Against the RCMP is an agency of the federal government, distinct and independent from the RCMP. When reviewing a Chair-initiated complaint, the Commission does not act as an advocate either for the complainant or for RCMP members. As Chair of the Commission, my role is to reach conclusions after an objective examination of the evidence and, where judged appropriate, to make recommendations that focus on steps that the RCMP can take to improve or correct conduct by RCMP members. In addition, one of the primary objectives of the Commission is to ensure the impartiality and integrity of RCMP investigations involving its members.
My findings, as detailed below, are based on a careful examination of the following materials: the RCMP's original investigation into the death of Mr. Kevin St. Arnaud, including the original Report to Crown Counsel; the RCMP's responses to the Commission's questions and concerns identified through the Chair-initiated complaint process; the RCMP's letter of disposition; and applicable law and RCMP policy. I am grateful for the assistance of a former senior member of the Vancouver Police Department who assisted in reviewing the issues involving the adequacy of the RCMP's investigation.
A coroner's inquest into the death of Mr. St. Arnaud was held in Vanderhoof, British Columbia on January 18 and 19, 2007 and from January 23 to 26, 2007. The purpose of an inquest is to ascertain how, when, where and by what means the deceased died. Although the mandate of an inquest is quite limited, I considered the evidence heard to be an important part of the fact-finding process related to Mr. St. Arnaud's death. It is for this reason that a representative from the Commission was present for all testimony given during the inquest and the Commission has reviewed the witness transcripts from the inquest.
To better understand the physical location where the incident occurred, the Commission's representative viewed the location of the shooting as well as the route taken by Mr. St. Arnaud and the location of witnesses present in the vicinity at the time of the shooting.
To ensure the accuracy of the times noted in the report, the Commission's representative listened to the original RCMP North District Operational Communications Centre audio recordings played on the RCMP's proprietary software and viewed the software's contemporaneous display of the continuous time readout for the audio recordings.
It should be noted that the RCMP provided unfettered access to all materials contained in the original investigative file and to all materials identified as part of the Chair-initiated complaint investigation. To assist with reviewing the original criminal investigation, the RCMP arranged a briefing for me and senior members of the Commission at "E" Division headquarters.
Issues: Whether members of the RCMP improperly entered into a situation with Mr. St. Arnaud that resulted in his death; whether a member of the RCMP improperly discharged his firearm in the incident; and whether members of the RCMP failed to conduct an adequate and independent investigation into the death of Mr. St. Arnaud.
Background
Mr. St. Arnaud lived in the town of Vanderhoof, British Columbia, which is located approximately 100 kilometres west of Prince George, British Columbia, and has a population of approximately 4,500 people. Mr. St. Arnaud worked as a welder for a local fabrication business. He was twenty-nine (29) years old in December 2004, was 176 centimetres (5 feet 9½ inches) tall and weighed approximately 86 kilograms (190 pounds).5
Constable Ryan Sheremetta worked as an RCMP member in Vanderhoof. He graduated from the RCMP's six (6)-month-long Cadet Training at Depot Division on January 20, 2003 and immediately started work as an RCMP member at the Vanderhoof RCMP Detachment. RCMP members are required to complete six (6) months of field training when they first start working as police officers. Constable Sheremetta completed his field training on July 20, 2003 and commenced working as a regular member of the RCMP in Vanderhoof.
Constable Ryan Sheremetta was twenty-four (24) years old in December 2004. He was 179 centimetres (5 foot 10½ inches) tall and weighed approximately 79 kilograms (175 pounds).6 Constable Sheremetta did not have any prior experience as a peace officer but he possessed a two-year post-secondary college diploma in "Police Foundations" from Ontario.
Facts
The following account of events flows from witness statements and testimony provided during the initial police investigation, the coroner's inquest and the additional investigation carried out pursuant to my Chair-initiated complaint. I put these facts forward, as they are either undisputed or because, on the preponderance of evidence, I accept them as a reliable version of what transpired. The reader will note that there are gaps in the depiction of what occurred on that night. These gaps are attributable to a myriad of factors including the frailty of human powers of observation and recollection, the adverse environmental conditions that existed at the time of the shooting, the uneven quality of forensic evidence and expert testimony, and most importantly significant reservations concerning the credibility of statements made by Constable Sheremetta where the veracity of such statements cannot otherwise be independently corroborated.
The events of December 18, 2004
On the evening of December 18, 2004, Mr. St. Arnaud and his girlfriend, Ms. Rebecca Gingera, attended a work-related Christmas party at a local pub in Vanderhoof. Mr. St. Arnaud was observed by various patrons to consume a significant amount of alcohol. Mr. St. Arnaud got into a disagreement with his girlfriend. She subsequently left the pub. According to one witness, Mr. St. Arnaud was upset because of this disagreement and stated that he wanted to "get high." Mr. St. Arnaud was subsequently escorted from the pub shortly before midnight after he had initiated a physical confrontation with another patron.
Mr. St. Arnaud's girlfriend had gone to a mutual friend's residence, which Mr. St. Arnaud also attended sometime after having been escorted from the pub. Mr. St. Arnaud was very intoxicated7 and according to his girlfriend he left the residence after having been there a short time. Mr. St. Arnaud subsequently went to another residence looking for someone who no longer lived there. According to the current resident, Mr. Michael Bulkley, while talking with Mr. St. Arnaud he formed the belief that Mr. St. Arnaud was intoxicated and he noticed vomit on his porch. The following morning he discovered that somebody had also defecated on his porch. Mr. Bulkley reported that Mr. St. Arnaud was obviously intoxicated but that he had no difficulty walking as he left the residence.
Constable Sheremetta was working on the evening of December 18, 2004. Constable Colleen Erickson, a twenty-four-year veteran with the RCMP, was also on duty. They were the only two members on duty in Vanderhoof that night and both were in uniform. They were working a shift from 5:00 p.m. to 3:00 a.m. This was Constable Sheremetta's last of three night shifts that had followed two day shifts.
The Intrusion alarm at the Vanderhoof Rexall Pharmacy
A Greyhound bus was scheduled to stop at the Vanderhoof Co-op Mall at 12:30 a.m. that night and there were people waiting for the bus who witnessed some of the events that followed. Mr. John Thiessen had driven to the mall to drop off a passenger for the bus. He arrived at about midnight but since the bus was late he continued to wait. The bus arrived shortly before 1:00 a.m. During that time he witnessed a man drop down from the ceiling of the Rexall Pharmacy located in the mall. Originally he thought the man might be performing maintenance but after a few minutes he became suspicious because there was no ladder and he considered calling the police.
Shortly before 1:00 a.m., the RCMP received notice of an intrusion alarm having been activated at the Rexall Pharmacy. Constable Sheremetta responded to the alarm in his police SUV. Constable Erickson also responded in her police truck. Prior to arriving at the scene, Constable Erickson noticed some people yelling and making noise and drove by to take a look. She then continued on to the pharmacy and believed that she arrived within a minute or so of Constable Sheremetta. Further information was received that the intrusion alarm had come from the drug dispensary inside the pharmacy. Upon Constable Sheremetta's arrival, he first drove to the back of the building to ensure that there was no vehicle waiting to be used for a getaway. After returning to the front of the pharmacy, he spoke with Mr. Thiessen, who advised him that he had seen someone drop down from the ceiling inside the pharmacy. Constable Sheremetta radioed this information to Constable Erickson, who was still on her way.
Mr. Abe Klassen was also waiting at the mall to pick up a delivery from the bus. Just as the bus was arriving, he was approached by Mr. Thiessen who told him that there had been a break-in at the pharmacy. Mr. Klassen noticed the police presence and decided that he would drive toward Stewart Street so he could have a better view of the mall.
Constable Erickson arrived and stopped in front of the mall while Constable Sheremetta went to the intersection of Bute Avenue and Stewart Street8 where he could see the side and back of the building. Constable Erickson exited her vehicle and took a look inside the pharmacy where she briefly saw somebody crouched down. This individual was later identified as Mr. St. Arnaud.9 She noted that the person held a white bag in his hand. Constable Erickson lost sight of the individual and returned to her police truck.
She then spoke to Mr. Thiessen and asked him to keep a look out. Constable Erickson maintained watch at the exterior of the pharmacy for a short time, until Mr. Thiessen advised her that he had seen Mr. St. Arnaud running through the mall away from the pharmacy.10 Constable Thomas Davies of the Fraser Lake RCMP Detachment was aware of these events and called for a police dog to assist with tracking. Constable Erickson advised Constable Sheremetta who returned to the front of the mall to find out in which direction Mr. St. Arnaud was running. Constable Erickson recalled telling Constable Sheremetta that she would watch the front and he should go around back, at which point Constable Sheremetta drove his SUV around the building, eventually parking his vehicle where he had a view of the back of the building. He turned off all the lights on the police vehicle and rolled the windows down.
Constable Erickson took a drive down the front of the building where she would have a better vantage point to observe the building. It was at this point that Mrs. Janice Biggin-Pound, the property representative, arrived on the scene after being called by the alarm company. Her husband, Mr. Dennis Biggin-Pound, accompanied her and the two exited their vehicle and approached the pharmacy intending to deactivate the alarm and check the store. Just as Mrs. Biggin-Pound began disarming the alarm, Constable Erickson drove back to the doors of the pharmacy, exited her vehicle and told Mrs. Biggin-Pound to hold off because someone was still inside. The Biggin-Pounds returned to their vehicle and waited.
A few minutes later Constable Sheremetta observed Mr. St. Arnaud, whom he believed had jumped down from the roof of the mall close to where he had parked his vehicle. Constable Sheremetta was parked on a side of the fence that prevented him from pursuing the suspect.
At 1:08:10 a.m., Constable Sheremetta radioed Constable Erickson that he had just seen Mr. St. Arnaud jump off the roof and head toward Stewart Street. He began driving around an adjacent building and onto Stewart Street, where he encountered Mr. St. Arnaud running. Constable Sheremetta recalled that the parking lot and roads were very slippery due to icy conditions. While in his SUV with emergency lights activated, Constable Sheremetta pursued Mr. St. Arnaud onto Stewart Street. Mr. Klassen recalled seeing Mr. St. Arnaud running from behind the pharmacy, across Stewart Street toward the courthouse. Immediately thereafter he noticed a police vehicle on Stewart Street. Constable Sheremetta stated that at this point he yelled out his open window for Mr. St. Arnaud to stop but Mr. St. Arnaud continued to flee.
The Pursuit
Mr. Dennis Nooski and Ms. Sylvia Isaac, two passengers on the Greyhound bus, exited the bus at the mall at approximately 1:00 a.m. and started walking west on Stewart Street and then north on Burrard Avenue toward Ms. Isaac's apartment. Ms. Isaac testified that she arrived at 1:05 a.m. She recalled seeing people running down the alley.11 She saw a female member drive up and shout out asking, "[...] where did he go?" She then saw the female member drive toward the courthouse.
Constable Erickson stated that she ran back to her vehicle and proceeded to Stewart Street. She then received a message that Mr. St. Arnaud was heading behind the courthouse so she drove east on Stewart Street and turned north on Bute Avenue. She received another call from Constable Sheremetta telling her to go to the other side of the curling rink.
Constable Sheremetta followed Mr. St. Arnaud between the courthouse and curling rink. He was able to block Mr. St. Arnaud's path of flight by stopping his vehicle in front of him at an angle. As he exited his police vehicle Constable Sheremetta momentarily lost sight of Mr. St. Arnaud. He later stated that he believed that Mr. St. Arnaud slipped on the ice and fell.
As he exited his police vehicle Constable Sheremetta also slipped on the ice and while struggling to keep his balance lost his cell phone, which broke into pieces. As he rounded the rear of his police vehicle, he drew his gun and gave chase on foot. Mr. St. Arnaud ran back around the front of the curling rink. Constable Sheremetta yelled repeatedly at Mr. St. Arnaud: "Police! Stop!"
Constable Sheremetta stated that Mr. St. Arnaud did not stop and continued around the front of the curling rink. According to Constable Sheremetta, Mr. St. Arnaud started running with his right hand in his jacket pocket and kept looking back at him.
While Constable Erickson was driving on the west side of the courthouse she received a radio message from Constable Sheremetta saying, "Other side Colleen, on the curling rink." She responded by driving between the courthouse and the curling rink in a southerly direction past Constable Sheremetta's stopped vehicle and back onto Stewart Street. She turned east onto Stewart Street, as Constable Sheremetta had radioed that he was proceeding through the tennis courts and then onto the soccer field.
Mr. Klassen testified that he started to drive toward the scene to assist the officer apprehend Mr. St. Arnaud. He noticed that the police officer was pursuing Mr. St. Arnaud on foot. As he approached the area of the courthouse and curling rink, Mr. Klassen heard the member yell, "Stop! Stop! Police!" Just as Mr. Klassen drove by that area, he watched Mr. St. Arnaud run into the tennis court area followed by the police officer. He then watched the member chase Mr. St. Arnaud onto the soccer field.
Constable Sheremetta stated that he chased Mr. St. Arnaud through the tennis court and onto the soccer field that adjoined the curling rink. Constable Sheremetta re-holstered his gun as he ran through the tennis court. Constable Sheremetta stated that he did this because he felt that he might slip and fall. Constable Sheremetta continued to give radio updates to Constable Erickson as he pursued Mr. St. Arnaud. At 1:09:28 a.m., shortly after exiting the tennis court and entering the soccer field, Constable Sheremetta advised Constable Erickson by radio that he was "going through the field, towards the arena." Constable Sheremetta reported that he continued to call out for Mr. St. Arnaud to stop.
The Shooting of Mr. St. Arnaud
Constable Sheremetta entered the field matching Mr. St. Arnaud's pace, with the intent that Constable Erickson would be able to help box Mr. St. Arnaud in and that he would surrender. However, after a brief run through the field, Mr. St. Arnaud stopped and raised his hands. Constable Sheremetta again drew his firearm and ordered Mr. St. Arnaud to get down on his knees. Instead, Mr. St. Arnaud turned around and started coming back towards Constable Sheremetta who continued to yell at him. Constable Sheremetta observed a white bag in Mr. St. Arnaud's right hand but could not identify what it was. According to Constable Sheremetta, Mr. St. Arnaud started walking towards him and put his arms down by his side with his right hand in his pocket. Constable Sheremetta continued to yell commands but Mr. St. Arnaud did not stop and continued to advance towards Constable Sheremetta at a pace that was faster than a walk but slower than a run. In his first statement,12 Constable Sheremetta noted that as Mr. St. Arnaud approached he uttered words to the effect of "you're going to have to shoot me mother fucker or something like that, come and shoot me fucker or something like that."
Independent of the recollection of Constable Sheremetta, a civilian witness, Mr. Klassen, observed Mr. St. Arnaud come to a stop, raise his hands up in the air, turn around toward the officer and start approaching him at a pace between a walk and a run and "bent".
Constable Sheremetta stated that as Mr. St. Arnaud neared him, he tried to step backwards but slipped and fell onto his back. Constable Sheremetta also stated that he kept his gun pointed towards Mr. St. Arnaud and was yelling "Police! Stop!" to the point that his "throat was hurting so much from yelling, I screamed at the top of my lungs." He described Mr. St. Arnaud as having the scariest look that Constable Sheremetta had never seen, "a look of death [...]." According to Constable Sheremetta, he was still on the ground on his back when he shot Mr. St. Arnaud twice in the chest area from a distance of approximately five feet.
Constable Sheremetta stated that Mr. St. Arnaud kept coming so he shot him a third time in the chest area. Mr. St. Arnaud then dropped straight to the ground.
Constable Erickson was in her police vehicle driving around the opposite side of the courthouse while Constable Sheremetta was pursuing Mr. St. Arnaud on foot. According to Constable Erickson, as she came around the curling rink and drove beside the tennis court and soccer field she heard yelling but could not make out what was said or by whom. She also observed Constable Sheremetta standing with Mr. St. Arnaud "kind of charging back at Constable Sheremetta." Constable Erickson testified that she yelled out her window to let Mr. St. Arnaud know that there was another police officer present. Constable Erickson testified that she observed Constable Sheremetta standing in a police shooting stance and that she saw two muzzle flashes and heard two shots followed by Mr. St. Arnaud advancing on Constable Sheremetta and then dropping to the ground. She estimated that Mr. St. Arnaud was within ten feet of Constable Sheremetta when he fell.
At 1:09:47 a.m., Constable Erickson advised the Prince George Operational Communications Centre that a man was down and immediately thereafter Constable Sheremetta advised that shots had been fired. At 1:10:04 a.m., Constable Erickson also requested that a Vanderhoof RCMP Detachment non-commissioned officer be requested to attend the scene. Finally, at 1:10:10 a.m., she requested that Emergency Health Services be contacted. The Operational Communications Centre called Corporal Jim MacLellan, a senior ranking member of the Vanderhoof RCMP Detachment, Staff Sergeant Rick Kowalewich, the Detachment Commander, and Emergency Health Services to attend.
Various civilian witnesses recalled hearing the gunshots. After seeing Mr. St. Arnaud begin advancing upon Constable Sheremetta, Mr. Klassen reported that he drove down the road looking for a place to turn his vehicle around when he heard two shots in quick succession. He turned around and drove back to the scene. He testified that the other police vehicle had arrived and that he saw two members walking from the street toward Mr. St. Arnaud, who was lying in the field.13 Mr. Klassen then departed, as he believed that Mr. St. Arnaud had surrendered.
Mr. Biggin-Pound stated that after waiting for some time, he thought he heard three gunshots, while Mrs. Biggin-Pound thought the sounds might be a flag flapping. Mr. Nooski testified that after travelling about two blocks north on Burrard Avenue he heard three shots one after another.
After seeing Constable Erickson drive off toward the courthouse, Ms. Isaac reported that she and Mr. Nooski began walking away quickly on Stewart Street to Burrard Avenue and then turned north. They walked up the west side of the street for about two blocks. Ms. Isaac testified that she heard a commotion across the street. It sounded like it was coming from a bushy area behind a church on the east side of Burrard Avenue.
Ms. Isaac described sounds of a fight. She testified that she heard sounds like somebody being kicked repeatedly and all kinds of swearing followed by someone saying "stop, stop" and then "get back here." She then recalled hearing three pops. Ms. Isaac remembered that she had looked at her watch and it read 1:10 a.m. She stated that she then ran home with Mr. Nooski. She went to sleep and, later that day, she called the RCMP to report what she had heard.
I find that the observations of Ms. Isaac in relation to the shouting and fighting that she heard that night are not reliable or relevant to the shooting. She describes the voices she heard as coming from near a church directly across the street from her position. In fact, according to the location both Ms. Isaac and Mr. Nooski recall being at when they heard the gunshots, the shooting happened more than a block away. Additionally, Mr. Nooski indicated that he had not heard any shouting or sounds of fighting prior to the shooting and commented that the crunching of the snow impeded his hearing. Ms. Isaac's observations are also inconsistent with those of Constable Sheremetta, Constable Erickson and Mr. Klassen, none of whom described a physical altercation between Constable Sheremetta and Mr. St. Arnaud.
In discounting Ms. Isaac's evidence on this point, I have the benefit of the Commission investigator's report that upon his attendance at the location where Ms. Isaac and Mr. Nooski say that they heard the gunshots, he determined that the distance was likely too far away to have heard any voices. I therefore conclude that the voices and sounds of a struggle described by Ms. Isaac were unrelated to this event.
The Events Immediately after the Shooting
After the shooting Constable Erickson radioed the Operational Communications Centre and advised that a man was down. Constable Sheremetta radioed that shots had been fired. Shortly thereafter Constable Erickson requested a non-commissioned officer and emergency services personnel urgently. Constable Sheremetta testified that he got up and backed away from Mr. St. Arnaud while Constable Erickson exited her police vehicle and approached him in the field. He recalled Constable Erickson checking to make sure he was alright. He confirmed that he was and stated, "See what he has."14
Constable Erickson testified that Constable Sheremetta was not that close to where Mr. St. Arnaud was lying when she arrived, possibly four or five paces away but did not remember whether he had backed away from Mr. St. Arnaud. In her statement, Constable Erickson noted that when she approached the scene Constable Sheremetta commented, "He kept coming." Constable Erickson circled Mr. St. Arnaud while Constable Sheremetta covered her. She observed that Mr. St. Arnaud was still moving his head and jaw and that he was still breathing. She moved a white plastic bag from Mr. St. Arnaud's right hand and noted that there were pill bottles located near that hand. Pill bottles were later identified and secured near both of his hands. Although no white plastic bag was recovered from the scene, Constable Erickson testified that it was windy and it possibly blew away.
Constable Sheremetta could not stand any longer and he testified that he went down on one knee. He also recalled feeling "really, really cold [...]." Constable Erickson stated that she approached Constable Sheremetta and observed that he did not have a jacket on so she offered to retrieve his jacket from his police vehicle.15 Constable Sheremetta remained alone on the soccer field while Constable Erickson went to his vehicle, which was still parked on the far side of the curling rink, to retrieve his jacket. She was not able to immediately find it and had to return to the soccer field to ask Constable Sheremetta where it was. Constable Erickson returned to Constable Sheremetta's SUV and found the jacket. En route to the SUV, she observed the ambulance arriving at the scene and briefly spoke to the ambulance attendants before continuing.
Medical Assistance
In Constable Erickson's statement given shortly after the shooting she made the following observations,
[...] I could see that the guy was like having, like really laboured breathing, ah, or like just not breathing it was just like [gasps] like ah, sort of, ah, slow intermittent breaths sort of thing, and ah, I circled around [...] and the guy was, by this time like not really breathing, like I kept checking his chest and he, he didn't look as though he was ah, breathing, I could see his mouth like a few times move ah, just his jaw was like, you know, sort of trying to breathe [...] he was moving his jaw [...].
After removing the white bag and looking at his hands, she noted, "I couldn't see him breathing anymore [...]." She did not address the issue in her second statement provided to Sergeant Krebs on January 6, 2005.
In her testimony at the inquest, Constable Erickson responded to cross-examination as follows,
Q. You went up to the body to check it?
A. Yes.
Q. And the man wasn't moving correct?
A. There was just some movement from his jaw.
Q. But – just the last sort of breaths?
A. Yes.
Constable Sheremetta made no observations about Mr. St. Arnaud's condition after the shooting.
At the time of the shooting RCMP policy required the first member on the scene to seek immediate medical assistance,16 which Constable Erickson did. It also required that, if a person cannot be roused by speaking to them or touching them, then that person should be checked for a variety of factors including "irregular breathing" and "injury".17 Neither officer checked for any of the listed factors, including taking Mr. St. Arnaud's pulse.18 However, they both knew of his injuries and, during her safety check, Constable Erickson observed Mr. St. Arnaud having difficulty breathing. Under these circumstances, policy stated, "If you observe any conditions outlined in sec. 2.2, initiate first responder first aid/CPR and seek immediate medical assistance."19 The members failed to initiate first aid/CPR.
It is important to note that Dr. James McNaughton, the pathologist who performed the autopsy of Mr. St. Arnaud, testified that his death was caused by the rapid loss of blood caused by his gunshot wounds and that his death would have occurred anywhere from ten minutes to two hours after he was shot. By this estimation, Mr. St. Arnaud was still alive after Constable Erickson performed her security check, at a time when treatment could have been administered. I also note that Dr. McNaughton expressed the view that the efforts of the police or even a basic ambulance crew would probably not have prolonged Mr. St. Arnaud's life. Notwithstanding, this information was not known by the officers and policy should have been followed.
Finding: Constable Sheremetta and Constable Erickson failed to provide first aid/CPR to Mr. St. Arnaud, as required by policy.
Mr. Drew Hunsaker, one of the two ambulance attendants who attended the scene, testified that they arrived on Stewart Street at 1:24 a.m. and spoke with Constable Erickson who directed them to go to the officer in the soccer field and follow his instructions. From the road he saw "a person laying on the ground in the snow and we could see the constable walking around a fair distance, 20 feet or so, away from the person laying on the ground [...]."
Mr. Hunsaker also testified that Constable Sheremetta directed him to walk to the east of Mr. St. Arnaud because it was a crime scene. He asked Constable Sheremetta what had happened and was told that he had shot Mr. St. Arnaud. This was the first time that the attendants were aware of the nature of the call. At this point the other ambulance attendant, Mr. James Vanderploeg, arrived carrying an oxygen bottle. The attendants approached Mr. St. Arnaud from the east, one following in the footsteps of the other.
Mr. Hunsaker checked Mr. St. Arnaud's breathing, pulse and eye dilation. He questioned Constable Sheremetta as to whether any medical treatment had been administered and was advised that no aid had been given. He testified, "Our policy at that time is if somebody has been down with no artificial respirations or CPR done to them for greater than 15 minutes, that we don't initiate." At approximately 1:30 or 1:35 a.m. he concluded that Mr. St. Arnaud was deceased. As a safety measure, Mr. Vanderploeg conducted a separate examination of Mr. St. Arnaud and arrived at the same conclusion.
Mr. Hunsaker asked Constable Sheremetta if he had been injured and he said no. However, the attendants noticed that the back of Constable Sheremetta's left hand was bleeding. Both attendants backed away from Mr. St. Arnaud and cleaned and dressed Constable Sheremetta's hand. Mr. Hunsaker believed that Constable Sheremetta indicated that the cut may have been caused by the snow. Both ambulance attendants described the snow as crusty and described their steps as breaking through the top layer into softer snow.
After the ambulance attendants had treated Constable Sheremetta, Constable Erickson took him back to her vehicle at his request. She sat in the car with him and he asked her if she had seen what happened and she responded affirmatively. According to her testimony he then asked her what he should do. She further testified that she was aware that it was a best practice to separate witnesses to avoid contamination of their evidence. Accordingly, she consciously chose not to engage in a conversation about the events.
The RCMP Investigation
Staff Sergeant Kowalewich and Corporal MacLellan were both contacted by the Operational Communications Centre at approximately 1:15 a.m. They were advised that a man was down and were requested to attend the location. Staff Sergeant Kowalewich arrived at approximately 1:35 a.m. Corporal MacLellan arrived shortly thereafter and Staff Sergeant Kowalewich instructed him to take Constable Sheremetta to the detachment, seize Constable Sheremetta's duty belt and sidearm and obtain an accounting of the circumstances. Mr. Vanderploeg indicated that the ambulance attendants were asked to leave by one of the supervisors so as not to draw attention to the scene and left at 1:55 a.m.
Corporal MacLellan drove Constable Sheremetta to the detachment arriving at approximately 1:55 a.m. Corporal MacLellan took possession of Constable Sheremetta's duty belt, which included his firearm, pepper spray and ASP baton.
Sergeant Glenn Krebs, the primary investigator on the file and a member of the "E" Division North District Major Crime Unit (MCU), received a call from the Operational Communications Centre at approximately 1:55 a.m. The caller relayed that the matter concerned an officer-involved shooting and requested that he contact the Vanderhoof Detachment for additional information. Sergeant Krebs reached Corporal MacLellan at 1:58 a.m. and received a synopsis of the events after which he requested that Corporal MacLellan obtain a statement from Constable Sheremetta being mindful of the Criminal Code and RCMP Act. Sergeant Krebs also discussed the need for a dog to search the scene and look for a weapon, for scene protection, coroner notification, seizure of the member's footwear, media releases and an exhibit person.
Constable Erickson's notes indicate that she left the scene to go to the detachment at 2:01 a.m. and returned at 2:07 a.m. During her absence Sergeant Gerald Grobmeier,20 who had heard the radio calls and travelled to Vanderhoof from patrolling in the Fraser Lake area, maintained security at the scene. Constable Erickson then prepared her notebook entry on the incident and kept note of people attending the scene. She recorded advising one civilian not to walk down Stewart Street if he did not need to do so and then recorded the time when Constable Fred Muraca came to relieve her at the scene.
At 2:11 a.m. Corporal MacLellan commenced taking an audio/videotaped statement from Constable Sheremetta. The weight to be given to Constable Sheremetta's various statements and testimony is addressed in Appendix I.
After speaking with Corporal MacLellan, Sergeant Krebs contacted other members of the MCU, Constable Vince Foy and Constable Bram Huisman, to assist with the investigation. He then contacted the Operational Communications Centre to obtain copies of all dispatches.
Staff Sergeant Kowalewich briefed Corporal Trevor Beach of the Forensic Identification Section by telephone at 2:17 a.m. He then spoke with Sergeant Krebs and Inspector Kirke Hopkins, the interim Team Commander, and updated them. Sergeant Krebs received confirmation that the tasks assigned to Corporal MacLellan would be undertaken and requested that the scene be secured and a police service dog brought in to assist at the scene as soon as possible.21
At 2:40 a.m. Staff Sergeant Kowalewich arranged for assistance from off-duty members and was able to enlist the aid of Constable Muraca and Corporal Frank Paul to provide scene security at the field and the mall respectively.
Sergeant Krebs spoke with Inspector Hopkins at 2:45 a.m. and provided an update. Inspector Hopkins requested that he be contacted once the briefing note on this file was ready.
At approximately 3:00 a.m. Staff Sergeant Kowalewich arranged for notification of the coroner, a media relations person and a Member Employee Assistance Program agent.22 Corporal Paul arrived at the detachment at about that time and had a meeting with Staff Sergeant Kowalewich and Corporal MacLellan. After the meeting Corporal Paul left to check local businesses for any surveillance footage.
At 3:16 a.m. Constable Muraca attended the field and relieved Constable Erickson from scene security. Constable Erickson returned to the detachment. Constable Muraca's notes contain references to periods of rain and an increasingly strong wind as the early morning hours progressed.
At 3:35 a.m. Constable Phil Sullivan, the police service dog handler from the Prince George RCMP Detachment, arrived in Vanderhoof, received a briefing and headed for the scene to "work the track."
At the same time, Sergeant Krebs, who was still in Prince George, received a package containing the dispatch log and tapes of the radio transmissions from the Operational Communications Centre.
Constable Sheremetta spoke on the telephone with a psychologist at 3:40 a.m. Sometime thereafter Staff Sergeant Kowalewich asked Corporal MacLellan to arrange for Constable Sheremetta to speak with a lawyer. At 4:08 a.m. a message was left at the home of a Prince George attorney, Mr. Brian Gilson, requesting that he call the detachment.
Shortly after 4:10 a.m. Corporal Paul attended the local Tim Horton's restaurant and arranged to have the owner contact him in order to access the surveillance video. He also obtained descriptions of potential witnesses from the employees of the 7-Eleven convenience store.
At 4:25 a.m. Corporal MacLellan obtained an audio/videotaped statement from Constable Erickson. That interview lasted approximately thirty minutes.
Sergeant Krebs arrived in Vanderhoof at 4:45 a.m. He prepared a briefing note and at 5:05 a.m. spoke with the Forensic Identification Section members, Corporal Beach and Sergeant Glen Doll. They were provided with brief details including that Constable Sheremetta had been pursuing a suspect in a break and enter investigation, that he had fallen to the ground because of the slippery conditions and that he had fired three shots at the suspect who fell where he was shot.
Corporal MacLellan drove Constable Sheremetta home and seized his boots at 5:30 a.m. Upon returning to the detachment he turned the boots over to Constable Foy, who was designated as the exhibits officer.
Corporal Beach and Sergeant Doll arrived at the crime scene at approximately 5:30 a.m. and began photographing outside of the mall before making their way to the soccer field, while continuing to photograph the area. The Ident Occurrence Report made note of the difficulty posed by the low light conditions. The members surveyed the scene including the paths apparently taken by Constable Sheremetta and Mr. St. Arnaud leading onto the soccer field. Corporal Beach and Sergeant Doll left the soccer field at 6:22 a.m. and returned to the mall where they examined the scene outside the mall, photographing as they went along.
Members of the investigative team met for the first time at 6:15 a.m. and held a briefing until 7:00 a.m. In addition to investigative team members, namely Sergeant Krebs, Constable Huisman and Constable Foy, it appears that the participants included Corporal MacLellan, Staff Sergeant Kowalewich and Corporal Paul. In response to questions posed by the Commission analyst, Corporal MacLellan indicated that he advised members of the MCU at that meeting about the two conflicting versions of how Constable Sheremetta was positioned when he shot Mr. St. Arnaud. During that meeting, the investigative team members also received their assignments and a media release was prepared along with an initial report.
At 7:00 a.m. Corporal Beach and Sergeant Doll attended the detachment and relayed the preliminary results of their investigation to the investigative team, concluding the briefing at 7:17 a.m. In addition, Sergeant Doll noted that Staff Sergeant Kowalewich, Corporal MacLellan and Corporal Paul were in attendance.
Corporal Paul commenced scene security at the mall as of 7:20 a.m. and he continued this task until the end of his shift.
At approximately 7:30 a.m. Corporal Beach and Sergeant Doll returned to the soccer field along with Sergeant Grobmeier. Together with Constable Muraca they entered the field for the purpose of erecting a tent over the scene in order to protect Mr. St. Arnaud's body and provide general cover against the elements. They were joined on the field at intervals by Constables Sullivan and Foy. By 8:00 a.m. all but Corporal Beach and Sergeant Doll left the soccer field, as they began to collect evidence. A few minutes later the wind began blowing the tent away. Constable Muraca returned to the field to help secure the tent and was followed a short time later by Constable Sullivan. The tent, however, was too damaged and as a result it was dismantled and removed.
The coroner arrived at 10:55 a.m., received a briefing from Sergeant Doll and conducted an inspection of the scene. At 12:35 p.m. Mr. St. Arnaud's body was removed from the scene under the supervision of the coroner. Corporal Beach and Sergeant Doll spent the balance of the day securing exhibits, taking measurements and samples, as well as inspecting and photographing the entire scene from the mall to the soccer field. By 1:00 p.m. they were inspecting the roof of the mall and then continued the investigation from the door through which Mr. St. Arnaud exited the mall, backtracking to the pharmacy. During that time they seized a variety of exhibits including blood samples. They concluded their work at 5:00 p.m.
Over the next few days the investigative team identified and interviewed many potential witnesses. Some witnesses were re-interviewed either because of problems with faulty recording equipment or to clarify facts as more information became available.
In addition to the work of the investigative team, Corporal MacLellan assisted with the investigation. On December 20, 2004, he spoke with several witnesses who had seen Mr. St. Arnaud in the hours prior to the break-in. He took brief notes of those discussions and formal statements were later sought by members of the MCU. Corporal MacLellan also seized a bag of drugs discovered by staff members at the pharmacy, which they had found behind a bathroom door in the staff room. His continuation report for that day indicates that at 5:00 p.m., the end of his shift, he met with Constable Sheremetta and requested his notes. Constable Sheremetta advised Corporal MacLellan that he had not made any. Corporal MacLellan also helped Constable Sheremetta with some administrative functions such as ordering a new duty belt, advising him of the Critical Incident Stress Debriefing session,23 and providing him with an application for legal fees payment. Finally, the two officers spoke about Mr. St. Arnaud's flight from the scene and Corporal MacLellan noted, "Cst. Sheremetta still convinced that the suspect jumped off the roof."
On December 20, 2004, Sergeant Krebs updated Superintendent Larry Killaly, who was the officer in charge of the "E" Division Major Crimes Section and one of the Program Managers for the MCUs throughout the division. Sergeant Krebs also met separately with Inspector Leon Van De Walle, another Program Manager for the division MCUs, and Inspector Hopkins, the interim Team Commander, to brief them.
That afternoon Corporal Beach was able to arrange for a helicopter and took aerial photographs of the scene.
On the morning of December 21, 2004, Corporal MacLellan and Staff Sergeant Kowalewich met with the mall manager "to explore the possibility that the suspect had quick access to the roof and may have jumped off as perceived by Cst. Sheremetta." They determined that "[t]here is no quick access to the roof and it would have been virtually impossible for the suspect to have gotten to the roof and jumped after he was seen in the store running thru the mall." They also viewed the mall from the vantage point of where Constable Sheremetta had been waiting in his vehicle and determined that there was a blind spot of approximately eight feet from the exit door to where Mr. St. Arnaud would have been visible to Constable Sheremetta.
Following that meeting Corporal MacLellan returned to the detachment where he received a telephone call from Constable Dan Michaud who had been appointed to the investigative team that day. During that call Corporal MacLellan advised Constable Michaud of the witnesses with whom he had spoken.
At 8:25 a.m. the investigative team held a briefing, which included Inspector Van De Walle.
At 10:00 a.m. that day, Dr. James McNaughton performed an autopsy on Mr. St. Arnaud. Sergeant Doll and Constable Mark Davidson of the Kamloops Serious Crime Unit were in attendance to take photographs and seize exhibits, respectively. Dr. McNaughton determined that Mr. St. Arnaud had suffered three gunshot wounds to the chest, one of which had first passed through his left hand. He also identified a number of lacerations, abrasions and contusions.24 He concluded, "Death is attributed to multiple gunshot wounds to the body with the associated blood loss."
Early that afternoon Inspector Van De Walle met with Ms. Rebecca Gingera regarding her concerns over Sergeant Krebs and Staff Sergeant Kowalewich's handling of the investigation and recorded her comments about Mr. St. Arnaud's activities the evening prior to his death.
At 3:20 p.m. Sergeant Krebs attended the Tim Horton's restaurant and spoke with the manager who knew Mr. St. Arnaud and had viewed the tapes but had not seen Mr. St. Arnaud in them. Sergeant Krebs asked the manager to save the tapes and contact Constable Huisman for copying.
At 4:40 p.m. Inspector Van De Walle met with Staff Sergeant Kowalewich and Inspector Hopkins to discuss the case.
At 7:30 a.m. the following morning, Inspector Van De Walle met with Inspector Hopkins and Superintendent Harris before attending the MCU briefing. Following the briefing Sergeant Krebs met with Mr. Gilson who advised him that he directed Constable Sheremetta not to provide any further statements without counsel.
At noon on December 22, 2004, Ms. Gingera, who had been involved in a relationship with Mr. St. Arnaud and had been out with him the night before he died, spoke with Corporal MacLellan on the telephone. She told him that she wished to cancel her appointment with Sergeant Bruce Ward, another member of the investigative team. Corporal MacLellan's notes indicate that she expressed concern over the police investigating the police and did not want to cooperate with the investigation.
Later that afternoon, Corporal MacLellan attended the Tim Horton's restaurant near the pharmacy and viewed the security tapes.25 His continuation report for that day indicated that he attended at the request of the store owner to help identify Mr. St. Arnaud. He noted "nothing significant" as a result of his review and it appears that he did not seize the tapes.26
Also on December 22, 2004, Inspector Van De Walle spoke with Ms. Delores Young, Mr. St. Arnaud's mother, and listened to her concerns about the investigation. He also promised to update her on the investigation, which he did over the following weeks.
Inspector Van de Walle spoke with Ms. Gingera again on December 24, 2004, but was still unsuccessful in obtaining recordings of Mr. St. Arnaud's telephone messages.
On January 3, 2005, Sergeant Krebs again spoke with Mr. Gilson about obtaining a statement from Constable Sheremetta. Mr. Gilson advised him that one was complete but it was not turned over at that time.
On January 4, 2005, Ms. Gingera turned over to Corporal MacLellan her telephone answering machine, which contained three voice messages from Mr. St. Arnaud, apparently made in the hours leading up to the shooting.
Sergeant Krebs sought to clarify the discrepancies between the versions of the shooting as related by Constable Sheremetta and Constable Erickson. He obtained a statement from Constable Erickson on January 5, 2005.
The toxicological report was prepared on January 5, 2005.
On January 6, 2005, Inspector Van De Walle requested that Constable Sheremetta be re-interviewed. Sergeant Krebs discussed this with Constable Sheremetta's lawyer but there was no agreement on allowing a new interview.
The need to obtain an expert opinion relating to the use of force was addressed by assigning, on January 6, 2005, Constable Huisman the task of contacting an expert. In this first instance the name of Constable Gregg Gillis was noted in the daily log. On January, 18, 2005, Constable Gillis confirmed his availability to assist in the analysis and provided a list of documents that he would require in order to provide an opinion, which he estimated would take two to three weeks. This was the last reference in the investigative material to Constable Gillis, who did not provide an opinion on the use of force.
The autopsy report was completed on January 26, 2005.
On February 2, 2005, after reviewing the data compiled by the forensics investigation, Sergeant Krebs determined that an expert biomechanics opinion may be required to help interpret that evidence relating to the paths, speed and location of Constable Sheremetta and Mr. St. Arnaud. He began contacting outside agencies while trying to find a suitable expert. On February 4, 2005, Staff Sergeant Larry Flath, the new Team Commander, advised Sergeant Krebs that Superintendent Killaly did not feel that it was necessary to outsource this work and that Sergeant Krebs should concentrate his efforts in house.
Sergeant Krebs and Corporal Beach enlisted the assistance of Sergeant James Gallant to prepare a blood stain analysis report on February 8, 2005.
On February 9, 2005, Sergeant Krebs followed up on a previous contact relating to the biomechanics report. He identified an outside expert who indicated that the information required fell into her area of expertise. He was also advised that the expert was unaware of any in-house police resources that could accommodate his request. On February 10, 2005, Staff Sergeant Flath advised Sergeant Krebs of Superintendent Killaly's lack of support for this plan as well as Superintendent Killaly's wish to have a meeting with Sergeant Krebs to discuss the matter.
Also on February 10, 2005, Civilian Member Earl Hall received Constable Sheremetta's firearm and shell casings for analysis.
On February 14, 2005, Sergeant Krebs spoke with Inspector Van De Walle about using the biomechanics expert and received his support.
On February 21, 2005, Sergeant Krebs spoke with Corporal Tim Anctil27 for assistance in obtaining a use of force expert. He was eventually referred to Inspector Booth, who, on March 7, 2005, according to Sergeant Krebs' notes, indicated that he "supported" using Corporal Anctil as the expert. The following day Sergeant Krebs noted that Corporal Anctil had sent an email indicating that he would not be able to assist in the investigation.
On February 23, 2005, Sergeant Krebs met with, amongst others, Superintendent Killaly, Inspector Van De Walle and Staff Sergeant Flath. Sergeant Krebs received authorization to use the biomechanics expert and immediately thereafter contacted the expert to advise that he would forward material for the review.
On March 2, 2005, Sergeant Krebs and Constable Huisman attended Mr. Gilson's office and he provided a typed statement from Constable Sheremetta.
Sergeant Gallant completed his blood analysis report on March 11, 2005.
Civilian Member Hall completed his firearm report on March 14, 2005.
Sergeant Krebs met Sergeant Gallant on April 26, 2005. Sergeant Gallant provided his opinion as to a timeline which, according to Sergeant Krebs' notes, could have had Mr. St. Arnaud standing still for up to a minute before being shot. Sergeant Krebs recognized that it was inconsistent with other evidentiary lines but accepted Sergeant Gallant's report, although not agreeing with it.
On April 27, 2005, Sergeant Krebs noted that based upon the contradictions between the physical evidence as well as the preliminary expert opinions and the statement provided by Constable Sheremetta, specifically in relation to the position from which he shot Mr. St. Arnaud, a charge of obstruction of justice may be warranted. He also noted that if Constable Sheremetta agreed to provide another statement it should be a warned statement.
Later that day Sergeant Krebs met with Superintendent Killaly who, according to Sergeant Krebs' notes,
[...] based on his limited knowledge of the investigation and presentation does not feel the 'warning' is justified [...]. Supt. Killaly feels that circumstances and situation account for inaccuracies in [statement] of Sheremetta and therefore this does not make criminal and no warning required to speak with Sheremetta on the inaccuracies.28
On April 28, 2005, Sergeant Krebs noted a telephone call from Inspector Van De Walle in which the latter undertook to seek a subject matter expert (use of force expert) in "K" and "F" Divisions.29
Sergeant Krebs spoke on May 17, 2005 with Staff Sergeant Peter Sheristan from "K" Division who had been advanced as a candidate to prepare the report. He indicated that he was waiting for approval from his chain of command before committing to undertake preparation of the report. Sergeant Krebs then sought Inspector Van De Walle's approval to bring Staff Sergeant Sheristan into the investigation.
On May 20, 2005, Sergeant Krebs forwarded materials for Staff Sergeant Sheristan's review. However, on June 1, 2005, Staff Sergeant Sheristan informed Sergeant Krebs that he was unable to continue with the analysis due to illness. That same day Sergeant Krebs identified an alternate expert after again speaking with Corporal Anctil. He contacted the Operations Officer for the Surrey RCMP Detachment, Superintendent Ken Gates, who supported using Sergeant Lee Chanin. Sergeant Krebs spoke with Sergeant Chanin the next day and was advised that Sergeant Chanin was able to assist but wanted to speak with Corporal Anctil first. Corporal Anctil recalled that they spoke about the case and that, although it was one of Sergeant Chanin's first cases, "he felt competent in his ability to do it."
On June 3, 2005, Sergeant Krebs placed a request to Inspector Van De Walle and copied Chief Superintendent Al MacIntyre, the "E" Division Deputy Criminal Operations Officer. Sergeant Krebs asked for support in utilizing Sergeant Chanin, which Chief Superintendent MacIntyre immediately provided. That same day Sergeant Krebs forwarded investigative material to Sergeant Chanin for his review.
In July 2005, Sergeant Chanin completed his expert opinion on Constable Sheremetta's use of force.
Expert Witnesses
It is common police investigative practice, when investigating serious matters such as a homicide, to employ a range of forensic techniques with a view to reconstructing from available physical evidence the most likely series of events that led up to the critical incident under investigation. The traditional range of techniques runs the gamut from fingerprint to DNA analysis. The ultimate relevance and weight of these techniques can vary significantly and in some cases they are heavily influenced by the experience of the "expert" who has offered an opinion. The investigative team in this case sought to employ a number of such techniques with varying degrees of success. For reasons that are detailed in the appendices attached hereto, I have discounted the opinion of Sergeant James Gallant, the blood splatter expert;30 Sergeant Lee Chanin, the use of force expert;31 Dr. Rick Parent, the expert on police shootings;32 and Civilian Member Earl Hall, the firearms expert, save for that portion of his opinion in which he identifies the shell casings as coming from Constable Sheremetta's firearm.33 I have accepted the relevance and the opinion of Dr. Gail Thornton, the biomechanics expert34 and Dr. James McNaughton, the pathologist.35
Major Case Management
In order to assess the quality of the RCMP's investigation, it is necessary to understand how it should have been managed. As the investigation into Mr. St. Arnaud's death was a police-involved homicide, it was a "major case" to which the principles of the Major Case Management Model (MCM) applied.
The MCM is "a methodology for managing major incidents which provides accountability, clear goals and objectives, planning, utilization of resources and control over the speed, flow and direction of the investigation." It is designed to ensure a "competent and consistent effort in every investigation." The MCM is managed by the Major Case Management Team (MCMT) illustrated by the "command triangle,"36 which includes the Team Commander (formerly called Team Leader), the Primary Investigator and the File Coordinator.
The Team Commander has "ultimate authority, responsibility and accountability37 for the MCMT, its resources (human and physical) and its mandate." The Primary Investigator controls the "overall investigative process." The File Coordinator is "responsible for the control, supervision, organization and disclosure of the file documentation."
As per RCMP policy,38 the investigation was subject to an Independent Officer Review by Inspector Marlin Degrand, the Officer in Charge of the Terrace RCMP Detachment (since transferred to the RCMP's "K" Division in Alberta). Inspector Degrand had no connection to the Vanderhoof RCMP Detachment or to Constable Sheremetta, and was not involved in the incident or the investigation.
5 Dr. McNaughton reported Mr. St. Arnaud's weight as 86.4 kilograms at the time of the autopsy, including the weight of his wet clothing.
6 This figure appears to have come from Constable Sheremetta's testimony at the inquest, which referred to his weight on that date, January 23, 2007, and not at the time of the shooting more than two years earlier.
7 The toxicology report recorded a blood alcohol level of 200 mgs% (200 milligrams of alcohol in 100 millilitres of blood), an amount which is two and one-half times the legal limit for driving. At the inquest Dr. McNaughton described this as a significant amount of alcohol, which was enough to demonstrate outward signs of intoxication, perhaps even quite pronounced signs. The report also indicated that Mr. St. Arnaud did not have any drugs in his system other than acetaminophen, an over-the-counter pain medication.
8 Attached as Appendix H are maps of the area for reference purposes.
9 For clarity's sake and given that his identity is not in dispute, "the man" observed will be identified as Mr. St. Arnaud for the balance of the narrative, although the participants did not know his identity at that time.
10 A short time later, after the bus arrived and Mr. Thiessen dropped off his passenger, he departed the scene.
11 During testimony at the inquest, the alley was identified as being the drive between the courthouse and the curling rink.
12 This was the first account given by Constable Sheremetta shortly after the shooting. It was audio/videotaped by Corporal MacLellan.
13 Mr. Klassen's reference to the two officers approaching Mr. St. Arnaud from the street does not accord with the evidence of either officer nor does it appear to be consistent with the evidence as a whole in relation to the shooting and immediate post-shooting events. I believe that this evidence was Mr. Klassen's best recollection of the events but that it is demonstrative of the frailty of eye witness accounts.
14 There is no record of Constable Erickson confirming that she heard this statement.
15 Constable Sheremetta stated in his duty to account statement that he asked Constable Erickson to retrieve his jacket.
16 Operational Manual 19.2.2.1.
17 Operational Manual 19.2.2.2.
18 Constable Erickson testified that she never touched Mr. St. Arnaud.
19 Operational Manual 19.2.2.3.
20 The relevant material did not include any notes or statements from Sergeant Grobmeier.
21 After it was determined that Mr. St. Arnaud had died, the original call for a police dog had been cancelled.
22 The Member Employee Assistance Program is a confidential counselling program, similar to those used by large organizations and in other branches of government. In this case, Critical Incident Stress Debriefing sessions were made available to the various personnel involved in this incident.
23 Constable Sheremetta telephoned Corporal MacLellan at 7:30 p.m. and advised him that he would not be attending the counselling session.
24 See Appendix J for a summary of the autopsy findings.
25 The position of the cameras did not present a view of the scene of the break-in or of the route taken by Mr. St. Arnaud during his attempt to escape.
26 In fact, it appears that only the video surveillance tapes from the nearby 7-Eleven were seized. The file did not contain an explanation as to why. Under the circumstances, it would have been prudent to seize them so that MCU members could assess the tapes themselves rather than relying upon others, i.e. Corporal MacLellan or the store manager. Additionally, the tapes could have proved beneficial in identifying potential witnesses.
27 Corporal Anctil was described as "the unofficial head of the 'Use of Force' experts for British Columbia" by Sergeant Chanin who was the member finally assigned to prepare the use of force report.
28 No further record was found relating to attempts to make a statement and it appears that Constable Sheremetta was not prepared to provide one.
29 These divisions encompass Alberta and Saskatchewan respectively.
30 See Appendix K.
31 See Appendix L.
32 I find that the analysis and conclusions found in the police shooting report to be of no relevance to this investigation.
33 See Appendix M.
34 See Appendix N.
35 See Appendix J.
36 The illustration and description of the command triangle may be found in RCMP policy, Operational Manual 25.3.2.1.1, attached hereto as Appendix O.
37 This accountability relates to the "direction, speed and flow of the case..." Operational Manual 25.3.2.2.3.
38 Operational Manual 25.12.