The Frank Paul Inquiry’s massive probe into the freezing death of Frank Paul, a 47-year-old Mi’kmaq man, has now concluded. The BCCLA participated in the public inquiry. The Inquiry uncovered the significant role that Vancouver Police Department (VPD) officers played in Mr. Paul’s tragic death and highlighted systemic failures in how various institutional agencies responded to his death.
The Vancouver Police dropped Mr. Paul off in a downtown eastside alley without shelter from the elements in the early morning hours of December 6, 1998. Mr. Paul was soaking wet, unable to walk or communicate, and grossly intoxicated at the time. Less than an hour before an officer left him in the alley, a jail sergeant had refused to admit him to the jail’s drunk tank.
The BCCLA was a participant at the public inquiry which sought to uncover the truth of what occurred on that night and why the various agencies involved in investigating his death never adequately responded or scrutinized the officers’ conduct.
The Inquiry uncovered that the VPD homicide squad conducted a woefully inadequate criminal investigation into Mr. Paul’s death. For example, rather than seeking to interview the officers whose conduct was at issue, the VPD immediately arranged for the respondent officers to be provided with legal counsel. The officers provided written statements, some of which contained statements that were contradicted by the physical evidence found at the scene, but these inconsistencies were never identified or reconciled by VPD investigators. No VPD officer was interviewed during the investigation. The VPD did not segregate any of the police witnesses at the scene who had had contact with Mr. Paul shortly before his death in order to ensure that their recall of events would not be contaminated or compromised. The investigation resulted in a final investigative report that was full of omissions, oversights, and left many critical questions unanswered.
VPD witnesses testified that in cases of in-custody deaths, where the individual potentially died as a result of police conduct, the accepted practice was to prepare a report that did not make judgments about the credibility of witnesses or the veracity of statements, and did not highlight or identify outstanding issues or unanswered questions, or inconsistencies in the evidence. Today, in-custody deaths are investigated in the same wholly inadequate manner.
The failure of the VPD to conduct a proper investigation of Mr. Paul’s death polluted every subsequent investigation and review by the coroners service, the police disciplinary body, and the office of the police complaint commissioner. The coroners service failed to utilise their investigative powers, and chose merely to rely on the fruits of the VPD investigation. The coroners service determined it was not necessary to hold an inquest. The police disciplinary body conducted virtually no investigation and handed out one and two day suspensions to the officers. The police complaint commissioner, Don Morrison, was the person with the final opportunity to ensure that there was a public airing of the circumstances surrounding Mr. Paul’s death, but he refused to order a public hearing.
The Inquiry provided a unique opportunity for the BCCLA to uncover the truth of Mr. Paul’s death and to advocate for positive changes for reform. The BCCLA urged the Commissioner to find that there is a fundamental flaw in the manner in which the VPD routinely investigates police involved deaths and to recommend that in cases involving death or serious injury in which the police are involved or implicated, that the police must not investigate themselves. Because there is a significant potential for real or perceived improper influence when police officers are called upon to investigate serious criminal matters involving other police officers, the BCCLA advocated for the implementation of a system of civilian oversight, in part modeled on the Ontario Special Investigation Unit, whereby civilians trained in investigating major crimes would take charge of all such investigations.
The BCCLA also advocated that the Commissioner should consider broad recommendations in the area of decriminalisation of intoxication. The VPD should not be responsible for the care of intoxicated individuals, instead a properly staffed and funded sobering center should be immediately established.
The 60-day inquiry concluded after hearing from 68 witnesses. The Commission will now prepare an interim report and will issue a final report pending a Supreme Court decision on whether Crown prosecutors must testify like everyone else. The BCCLA was represented by Michael Tammen of Harper Grey LLP and Grace Pastine, BCCLA Litigation Director.
