Inquiry into police-shooting deaths of 2 men calls for mandatorylegal funding for families

An inquest report into the police shooting deaths of two men in Winnipeg has put a spotlight on the struggles some families face in attending such hearings, recommending mandatoryfunding for lawyers to represent them.

"Two Indigenous males were killed by WPS officers. These are not the only times this has happened and in many of those deaths, like these two, family members have not been able to obtain legal representation for the inquest," states the reportbyJudge Robert Heinrichs,filed on July 26.

Many families can't afford lawyers andprovincialcourt judges don'thave the authority to an agency or organization to pay for one, he wrote.

Heinrichsunderscored the importance of that service as part of reconciliation. Legal funding isn't cited in the Truth and Reconciliation Commission's calls to action,but "we need to remind ourselves" of two key principles, hewrote:

• Reconciliation must create a more equitable and inclusive society by closing the gaps in social, health, and economic outcomes that exist between Aboriginal and non-Aboriginal Canadians.
• Reconciliation requires political will, joint leadership, trust building, accountability and transparency, as well as a substantial investment of resources.

Without a lawyer to help, families can beoverwhelmed by the magnitude ofmaterial to sift through, and how to offer recommendations, the report states. Counsel can provide that but also sparegrieving families fromthe trauma of studying reports, photos, videos, and statements.

Heinrichsheadedthe inquest earlier this year intothe deaths of Adrian Lacquette, 23,and Evan Grant Caron,33, who were fatally shot by police in separate incidents 10 days apart in September 2017.

An inquestismandatory if a person's death is believed to be the result of force by a peace officer acting in the course of duty.

'I'm out. I'm done.'

Both Vivian Caron andLacquette's mom,Joanne Malcolm,wanted to have legal counsel represent them at the inquest and both were unsuccessful, Heinrichs wrote.

They tried to continue but Malcolm eventually gave up in frustration,saying "I'm out. I'm done," the report noted.

As a result, the inquest did not hear much about who Adrian Lacquette was prior to his death,Heinrichs wrote.

Heinrichsinstead relied on evidenceMalcolm, and Lacquette'ssister Chantelle, provided during aninvestigation by the Independent Investigation Unitof Manitoba, which foundthe use of deadly force wasjustified.

Vivian did pushthrough, however. She questionedwitnesses and made recommendations but it wasn't easy, Heinrichswrote, citing the expense of makingrepeated tripsto the Crown's office to view disclosure.

Lacquette's death

In the evening of Sept. 12, 2017, Lacquette attacked his sister, Chantelle, following a binge ofalcohol and cocaine.

He kicked herin the head and hither with the stock of the gun before leaving the home on Pritchard Avenue in the North End,carjackinga womana couple of blocks away and then robbing a beer vendoron Notre Dame Avenue, the inquest report states.

Officers caught up with the stolen SUVjust after 1 a.m. on Alfred Avenue, where Lacquettewas pressing a gun tohis head anddescribed as having a crazed, determined look.

When hepointed it at the officers, police opened fire. Anautopsyconfirmed Lacquette died fromnine gunshot wounds and was under the influence of cocaine,oxycodone and alcohol.

An expert in police training and use of force testified the officers' response wasappropriate and reasonable.

Evan Caron's death

Vivian said her sonbecameaddicted to meth while living in the city after beingdisplaced from their home reserve as a result of the 2011 Fairford River flood.

His behaviour changed and he becameparanoid, thinking people were following him or out to get him.

In the afternoon of Sept.23, 2017, several calls were placed to 911 aboutEvanbeing armed with knives and attacking his brother at a homeonMadrigal Close, in The Maples area of the city.

When Vivian called, there was desperation in her voice anda lot of screaming in the background,the inquest report states.

Police rushed to the scene, believing a homicide was in progress. An officer banged on the lockeddoor, saying he heard screaming and running comingfrom inside.

After multiple kicks, the door brokeopenand the officer's momentum carried him into the foyer, where he fell. Evan thrust the blade of a knife atthe head of the officer, who twisted away andbegan shooting, hitting Evansix times.

The officer later saw the knife blade sticking out of his left shoulder, the inquest report states.

Evan was pronounced dead at hospital. The autopsy report revealed "a significant amount of methamphetamine" in his system.

Again, the expert on use of force determined the officer's response was justified.

Judge calls for separate inquests

The Fatality Inquiries Act allows fora single inquest to be held into multiple deaths if the circumstances are similar enough, sothoseof Evan and Lacquettewere combined. Heinrichswants to see that practice halted.

He recommendedan inquest involvingmultipledeaths only take place when those deathsstemfrom the sameincident.

The personal lives and the circumstances of thedeaths of are notidentical and should be given their separate due, he wrote.

"This ensures that families are given dignity," he wrote, quotingVivian.