The BCCLA is raising questions about an RCMP investigation of an off-duty auxiliary RCMP officer in Lake Cowichan, British Columbia that has been the subject of recent media attention. A Lake Cowichan resident alleges that the auxiliary officer, along with an employee of the city of Lake Cowichan, were involved in painting a homophobic slur on the side of the resident‟s fence. None of the allegations has been proven or otherwise established. The auxiliary RCMP officer facing the allegations is also a Lake Cowichan city employee.
The allegations arise from video taken by the Lake Cowichan resident that shows two Lake Cowichan employees with blue spray paint used for painting city well heads near the fence around the time of the tag‟s appearance. The controversial tag is painted in blue paint.
“Defacing property with discriminatory slurs is unwelcome in any community. It should be investigated no matter who may have done it,” said Robert Holmes, President of the BCCLA.
“Where allegations of such conduct involve law enforcement personnel, including when they are off-duty, public concern is heightened. Every accused person is entitled to the presumption of innocence. A thorough and complete investigation and public report is required for the benefit of the accuser, the accused and the public.”
Pending further developments, the RCMP have completely cleared the involved city employees, including the Auxiliary RCMP officer, even though the paint samples have not yet come back from the lab to indicate whether the samples of the graffiti paint match paint used by the City of Lake Cowichan. Public statements from the RCMP to local media say that it is clear from their investigation that the accused individuals “did not commit any mischief to the property.”
“The public expects the RCMP to show that it has been as thorough and complete in dealing with this investigation as it would with one involving a private citizen,” said Robert Holmes, President of the BCCLA. “The RCMP‟s mission statement asserts a commitment to „unbiased and respectful treatment of all people.‟ That is what the public wants – equal protection of the law for all.”
Review some of the materials collected by the Lake Cowichan resident and provided to the BCCLA:
View video of the town workers in front of Mr. Hanson‟s fence >>
MEDIA CONTACTS:
Robert Holmes, President, 604-838-6856
David Eby, Executive Director, 778-865-7997
BACKGROUNDER
The BCCLA has a number of concerns with the RCMP investigation of this incident, including: In an exchange the resident recorded with the investigating RCMP officer, the officer says that she did not need to verify Lake Cowichan RCMP claims about the incident “because they are police officers” and they would not lie to her.
The RCMP has advised the Lake Cowichan resident that they have cleared the individuals alleged to have been involved unless additional evidence comes to light, even before paint samples come back from the RCMP lab that indicate whether or not the paint used on the fence and the well head was the same, and even if the tests indicate a match. The sample is due back from the lab on December 26, 2010.
The RCMP has made public statements that the video of the allegedly involved individuals “clearly shows that the Lake Cowichan Town employees did not commit any mischief to the property,” when much of the activity of the employees behind the fence is not visible in the video, before the paint tests come back from the lab, and when the resident has produced a video that he says shows that the type of spray can held by the city workers could have been used to produce the tag.
