Police watchdog investigating after Mi'kmaw man killed by RCMP at Elsipogtog First Nation
Elsipogtog First Nation calls for thorough investigation of incident
A Mi'kmaw man was shot and killed by police late Sunday night on the Elsipogtog First Nation, about 55 kilometres north of Moncton.
A
statement from the First Nation said the band sent its condolences to
the man's family and the entire community. It said immediate action is
being taken.
"We are doing our best to gather information and understand what transpired," the statement said.
"We are doing everything in our power to ensure that a thorough investigation is conducted and that proper justice is served."
The statement said that though residents may notice an increased RCMP presence, the officer involved in the incident has been removed from the community.
The statement urged anyone with information or who witnessed the incident to contact Nova Scotia's Serious Incident Response Team (SIRT), which is investigating.
The Serious Incident Reponse Team is a civilian-led police oversight agency that investigates incidents that stem from police actions, including death, serious injury, and sexual assault. It has an agreement with the New Brunswick government to investigate serious incidents involving the police in New Brunswick.
A statement from SIRT said RCMP were called about a man threatening to hurt himself. Two RCMP officers responded and were approached by a man carrying weapons.
The SIRT statement said one officer attempted to Tase the man "but it was ineffective" and the other officer shot the man, who was declared dead soon after.
Community members set up a fire outside the Elsipogtog RCMP station Monday for people to share prayers and come together to drum and sing to remember the man.
A statement from RCMP published Monday afternoon said officers from the Elsipogtog detachment responded to a call around 11:19 p.m. about a man in mental distress with a weapon at a residence in the community.
The statement said the man refused to drop his weapon and a member shot their gun at the man. The statement said first aid was immediately administered and the man was taken to hospital where he later died.
Cpl. Hans Ouellette, spokesperson for New Brunswick RCMP, said the member's status with the organization is currently under review and they are being supported by the RCMP's health services office.
This marks the third fatal shooting of a First Nations person by police in New Brunswick in under five years.
ABOUT THE AUTHOR
Family challenges RCMP statement after Mi'kmaw man shot and killed during wellness check
Elsipogtog team to assist RCMP on wellness checks not called until after shooting
The family of a Mi'kmaw man killed by police Sunday in Elsipogtog First Nation say officers used excessive force when they should have been trying to help him.
Steven "Iggy" Dedam, a 34-year-old father and fisherman, was shot and killed by an RCMP officer during a wellness check in the community about 55 kilometres north of Moncton.
"He loved gatherings with his family and his friends," said his sister Amber Joseph.
"He loved his son; he loved spending time with his son and he was very outgoing, loved everyone."
Dedam's family, some of them witnesses to the incident on Sunday evening, say there are inaccuracies and omissions in the RCMP statement from Monday afternoon.
The RCMP statement said officers from the Elsipogtog detachment responded to a call around 11:19 p.m. about a man in mental distress with a weapon at a residence in the community. RCMP said the man refused to drop his weapon and a member shot their gun at the man. RCMP said first aid was immediately administered and the man was taken to hospital where he later died.
A statement Monday from the Serious Incident Response Team (SIRT), the agency that is investigating the shooting, said one officer attempted to Tase the man "but it was ineffective" and the other officer shot the man.
Joseph and Dedam's brother Samuel were on the phone with Dedam as the incident unfolded and arrived just after they heard the shots.
"He was Tased and shot three times," she said.
"After he was Tased, they didn't even give time for the Taser to work. It was Tase, shot, shot shot."
They said the RCMP's statement did not reflect that RCMP were called to the home for a wellness check, and that the statement should have indicated how many times Dedam was shot. The family also challenges the statement's claim that first aid was administered immediately.
"It wasn't administered right away as they say it," said Samuel Dedam.
"It took them like maybe 10-20 minutes to actually put pressure to his wounds."
Cpl. Hans Ouellette, spokesperson for New Brunswick RCMP, referred CBC Indigenous to the statement and directed any questions to SIRT.
SIRT director Erin Nauss confirmed initial evidence indicates there were three shots fired, and that from the information they have received the RCMP were responding to "what they call a wellness check." The investigation is ongoing.
Wellness check team called after shooting
Hayley Sock, the partner of Dedam's brother Samuel, said at the hospital they weren't allowed to to say goodbye.
"He died alone with the cops," she said.
"We deserve to hug him, kiss him, say our last goodbye and they didn't even want to give us that. Instead, he died surrounded by ... seemed like 50 cops in there, when he should have been surrounded by us."
Kopit Lodge, an Elsipogtog-based advocacy organization, oversees the Indige Watch project to assist and accompany RCMP in wellness checks in the community.
In a joint statement, Kopit Lodge and Indige Watch said they received a call from RCMP at 11:40 p.m. to assist, when the events that took Dedam's life had already transpired.
The statement said the RCMP's failure to communicate to Indige Watch that they were performing a wellness check "was not in the good spirit of working collaboratively."
In previous meetings, "Indige Watch made it clear that they want to be involved in nearly every aspect of RCMP calls that relate to our people who are in distress," said the statement.
Elsipogtog First Nation administrator Bo Augustine said the community is in shock and anger but is coming together to provide support. There is a community-led sacred fire at the RCMP detachment, the community centre is a drop-in site and the youth access centre is having sweat lodges daily.
He said mental wellness teams are also checking up on individuals who might have been close to the incident.
Augustine added there are conversations happening about next steps for the community, especially around essential services like policing and who should deliver these services.
"How many people is our community going to lose before we start to see something change?" he said.
ABOUT THE AUTHOR
Lawsuit alleges RCMP failures in shooting death of Rodney Levi
Family suing after police fatally shot 48-year-old in June 2020
Rodney Levi's family allege in a lawsuit that failures by the RCMP led to his 2020 death, allegations the federal government rejects in a recent court filing which calls for the case to be thrown out.
The lawsuit, filed last year, claims the police force failed to adequately train and equip its officers.
Levi, of the Metepenagiag Mi'kmaq Nation, was shot twice in the chest by RCMP Const. Scott Hait on June 12, 2020, at a home about 15 kilometres west of Miramichi.
Witnesses at a coroner's inquest in 2021 testified the 48-year-old had two kitchen knives that he wouldn't release, even after being Tasered three times by Const. Justin Napke. The officers testified Levi moved toward Hait, who then shot Levi while the two were a few feet apart.
Levi's daughter, Shalisa Augustine, filed the lawsuit on behalf of 12 family members.
Claim alleges policies weren't followed
The lawsuit alleges RCMP had a duty of care and failed to provide adequate training on de-escalation, use of force,and appropriate responses to mental health crises and the needs of Indigenous people.
"The Defendants, Constable Hait and Constable Napke, failed to follow established policies, practices, and operational protocols, including with respect to clearing the scene, positioning, proximity to Mr. Levi, and the paramount principle of the protection and preservation of life," the statement of claim filed June 10 alleges.
The case seeks an unspecified amount of money.
The lawsuit's claims have not been proven in court.
Defendants deny claims
The RCMP, represented by the Attorney General of Canada, deny the claims in a statement of defence filed Feb. 15.
It says Const. "Hait was acting in the course and scope of his duties as a peace officer and believed, on reasonable grounds, that the force used was necessary to protect himself and others from grievous bodily harm or death."
It goes on to deny negligence, saying RCMP officers were provided with appropriate instruction, training and support.
The statement of defence asks for the lawsuit to be dismissed.
Levi had gone to pastor Brodie MacLeod's home on Boom Road where a family dinner was taking place on a deck.
The inquest has heard he appeared to be acting strange and had two kitchen knives in his hoodie pocket. Residents of the home, worried about Levi, called police .
When Hait arrived, he said the situation appeared calm and he tried to talk to Levi to persuade him to give up the knives, but he wouldn't. Hait testified Levi said he was suicidal, so the officer told Levi he would take him into custody under the province's Mental Health Act.
The inquest heard Hait and Levi were less than 10 feet (about three metres) apart on the deck. Hait had his back to a house wall.
An expert on police use-of-force training and policies testified at the inquest that Hait and Napke should have cleared other people from the deck to protect them and that Hait was too close to Levi to use anything but his firearm.
Inquests are quasi-judicial proceedings that don't assign blame, but are meant to find ways to avoid similar deaths in the future.
A criminal investigation into the officers' actions concluded in 2021 without charges. Prosecutors determined the officers were acting lawfully to protect the residents of the home.
Chantel Moore, 26, was shot and killed by police during a wellness check in Edmundston on June 4, 2020. (Chantel Moore/Facebook)
Levi's death came days after a police officer in Edmundston shot and killed 26-year-old Chantel Moore.
The deaths of the two Indigenous people in New Brunswick sparked calls for justice by First Nations communities in the province and across Canada. They also led to calls for an inquiry into systemic racism in the New Brunswick justice system.
Moore's family is suing the City of Edmundston, alleging it failed to adequately train and equip its police force.
CBC requested comment from the federal justice department about the Levi lawsuit. It directed the request to RCMP headquarters in Ottawa. Robin Percival, a spokesperson for the RCMP, said it doesn't comment on ongoing civil cases.
Alisa Lombard, the lawyer representing Levi's family in the case, said they have no comment at this time.
ABOUT THE AUTHOR
Deseronto (Head Office)
136A Bayshore Road
Deseronto, ON, K0K 1X0
613-914-0823
613-914-7726
Fax: 613-900-1687
info@lombardlaw.ca
New Brunswick
356 Big Cove Road, Elsipogtog First Nation
New Brunswick, E4W 2S6