OPP report clears top Mounties of obstruction around B.C. Tasering death, but raises other concerns

An investigation into criminal allegations against senior RCMP—related to the fatal Tasering of Robert Dziekanski at the Vancouver airport—has concluded.

Top RCMP brass could have shared more information and records with the four officers involved in the death of Polish man Robert Dziekański at the Vancouver airport 18 years ago, according to an Ontario Provincial Police review of the case and its long fallout.

But that review, code named Project Eastbourne, stopped short of recommending criminal charges of obstruction of justice against those senior Mounties, according to a copy obtained by CTV News.

Investigators from Ontario flew to B.C. and interviewed 67 people over five years in the sweeping probe, which touched on whether the four officers it dubs the “YVR4” followed their training in the dramatic moments of Oct. 14, 2007.

It also explored the response by the RCMP amid intense public pressure, behaviour by senior political figures in its wake, the suicide of one RCMP spokesperson, and even how the case figured into tense negotiations over whether the province would leave its policing contract with the Mounties.

“They looked at three previous commissioners of the RCMP—that’s pretty much as high as you get in terms of investigations, and deputy commissioners, and on and on. This is a little unheard of, honestly,” said former OPP commissioner Chris Lewis, who was not involved in the review, in an interview.

The investigation was sparked by complaints from two of the YV4, Gerald Rundel and Monty Robinson, who alleged that their repeated requests for disclosure were denied, and that no investigation was initiated in response to these failures. Asst. Commissioner Eric Stubbs referred their complaint to the OPP.

Allegations that Commissioner Brenda Lucki, Commissioner William Elliott, Commissioner Robert Paulson, Deputy Commissioner Brenda Butterworth-Carr, Deputy Commissioner Jennifer Strachan, Deputy Commissioner Craig Callens, Insp. Kevin Cyr and others committed the offence of obstruction of justice were unsubstantiated, according to the OPP review.

But the probe revealed deep reservations among many officers interviewed over whether the YVR4 were treated fairly in their four perjury cases related to their testimony at the Braidwood Public Inquiry into the use of Tasers and the death of Dziekanski. Those trials found Kwesi Millington and Monty Robinson guilty, but William Bentley and Gerald Rundel not guilty.

One “consideration” in the report was about whether the four officers should have been able to see the video recorded by bystander Paul Pritchard of their actions before testifying or doing interviews to “explain any perceived inconsistencies.”

Another consideration was whether a report called the “IOR report” should have been disclosed to the YVR4, which showed that they “followed policy.” Another report, called a 1004, was drafted three years later by senior commanders in the wake of the Braidwood inquiry and it gave them “negative performance.”

“Commissioner Elliott maintained that the 1004s were reflective of the YVR4 members’ performance,” the report says, later noting that public pressure was a factor in issuing those reports and that despite Elliott’s public statements, the officers were never disciplined.

The OPP also detailed how then-RCMP spokesperson Pierre Lemaitre provided details to the media based on the officers’ interviews with IHIT investigators—details that turned out to be wrong when compared with Pritchard’s video.

“The public and media were extremely critical of (Lemaitre), suspecting that the RCMP were attempting to cover for the actions of the YVR4 members. Sgt. Lemaitre wanted the opportunity to correct the information he provided to the media, but he was not permitted to do so,” the report says, adding “there was growing concern of a cover-up.”

Lemaitre was transferred to traffic services, against his wishes, and died by suicide in 2013. A witness at his coroner’s inquest said he had been “hung out to dry by his superiors,” the report says.

The report also describes a meeting between former B.C. solicitor general Kash Heed and Commissioner Elliott to discuss the renewal of the RCMP contract. Elliott requested an advance copy of the Braidwood Report, but Heed denied him, the report says.

“One week after this meeting, Mr. Heed was advised that he was under investigation by the RCMP in relation to allegations of violations under the Election Act. Mr. Heed was cleared,” the report says.

The report also looks into the presence of former B.C. attorney general Wally Oppal at an Oct. 5, 2013 police interview of a witness, who would eventually testify at the criminal trials of three of the YVR4 members.

Janice Norgard described a meeting of the four officers arranged by Bentley through her ex-husband in May 2009, the report says, though Norgard testified that it was months earlier, in January—and taken as evidence the YVR4 members “colluded” before testifying.

Oppal noted he “did not see an issue with bringing forward Ms. Norgard as a witness to the Braidwood Inquiry because she was a family friend and neighbour,” and attended the interview “because she was distraught and very emotional,” the report said.

“Aside from the fact that it was (is) inappropriate for anyone to be present with a potential witness during a police interview without justification, the involvement of Mr. Oppal in this interview was unorthodox and a conflict of interest based on his involvement in appointing justice Braidwood to the public inquiry, his involvement as a member of provincial parliament with the British Columbia government and his past appointment as attorney general for the province of British Columbia at the time of the YVR incident,” the report says.

The YVR4 weren’t the only ones that had difficulties getting paperwork from the Mounties—Deputy Commissioner Butterworth-Carr had surrendered her notes on the case to “E” Division, but when an inspector tried to search for them, they couldn’t be found.

“Given her recent retirement and rank she held within the RCMP, it is concerning that her notes could not be located. This issue alone was the cause of delays in this investigation,” the report says.