Sentencing delayed for B.C. Mountie found guilty of obstruction
Lawyers for officer have applied to have charges stayed
The sentencing of a Prince George RCMP officer found guilty of obstruction of justice in a case spanning over seven years will now be delayed until at least 2025.
In July, Const. Arthur Dalman was found guilty of obstructing justice for ordering a bystander to delete cellphone video showing the aftermath of the police takedown and arrest.
Dalman was one of two officers on trial in the case — which stemmed from the arrest of Dale Culver, a 35-year-old Gitxsan and Wet'suwet'en man who died in police custody on July 18, 2017, 29 minutes after he was arrested following a struggle with multiple police officers.
The other officer accused in the case, Staff Sgt. Bayani (Jon) Eusebio Cruz was found not guilty.
In an email to CBC News, the B.C. Prosecution Service confirmed that on Aug.16, 2024, counsel for Dalman filed an application for a stay of proceedings based on alleged breaches of sections 7, 11(b) and 11(d) of the Canadian Charter of Rights and Freedoms.
Section 7, 11(b) concerns the right to have a trial within a reasonable time, and Section 11(d) concerns the right to be presumed innocent until proven guilty.
Under B.C. law, a stay of proceedings puts a prosecution on pause, and if it is not resumed within a year, it is treated as if it never started.
The court has set aside April 28 to May 2, 2025, to hear the application. These proceedings will delay Dalman's sentencing hearing, which has not yet been scheduled.
Police federation says case took too long
Culver's arrest and death happened on July 18, 2017. That was followed by an investigation by B.C.'s Independent Investigations Office, which filed its initial report on July 16, 2019, followed by an updated report on May 29, 2020.
Crown prosecutors announced charges of manslaughter against two Mounties and charges of obstruction against three others on Feb. 1, 2023, the first time the accused were publicly named.
Charges against the two officers accused of manslaughter were stayed on April 5, 2024. Charges against one of the officers accused of obstruction were stayed on May 14, 2024, while the trial for the other two officers accused of obstruction was completed on July 25, 2024, resulting in Dalman's guilty verdict.
National Police Federation Pacific North Director Chris Voller describes the length of time involved in Dalman's case as a complete failure.
"We welcome police oversight, but we want it to be timely. We want it to be effective, and we need it to be something that is going to serve the public so they can have trust in it," he said.
"I would say this is adverse to public trust. I don't believe that in any fashion it serves the public, let alone Constable Dalman or the Culver family in this circumstance."
Culver's death and its aftermath have been viewed by civil rights advocates and First Nations leadership groups as a key test of the B.C. justice system's ability to hold police accountable, with the B.C. Civil Liberties Association (BCCLA) saying it believes it is the first time law enforcement in the province had been charged in the death of an Indigenous man.
"The law crawls towards justice, and we've noticed that time and time again, particularly in this case. Dale Culver lost his life in 2017. Seven years later, we're still waiting," said Latoya Farrell
She said this is another delay that will impact Culver's family.
"It doesn't help alleviate the uncertainty on behalf of the family. You know, the frustration with how slow everything's been moving and the fact that the family is still waiting to hear what's going to happen with Constable Dalman."
Timeline of events:
- July 18, 2017: Dale Culver is arrested and dies in police custody.
- July 19, 2017: Independent Investigation Office of B.C. (IIO) begins its investigation.
- August 22, 2017: IIO appeals for key witnesses to come forward.
- July 16, 2019: IIO completes its investigation and forwards a report to the B.C. Prosecution Service to consider charges.
- May 29, 2020: IIO announces it's made updates to its investigation and has expanded the file in consultation with Crown Council. IIO has determined that reasonable grounds exist to believe that two officers may have committed offences in relation to the use of force, and three others may have committed offences regarding obstruction of justice.
- Feb 1, 2023: Manslaughter charges are sworn against Const. Paul Ste-Marie and Const. Jean Francois Monette, while Const. Arthur Dalman, Const. Clarence (Alex) Alexander MacDonald and Sgt. Bayani (Jon) Eusebio Cruz faces attempted obstruction charges.
- February 2, 2023: IIO Director Ronald J. MacDonald responds to concerns regarding delays. MacDonald says the time it has taken to lay charges is unacceptable. He says the IIO is hindered by its ability to attract and retain enough qualified and experienced investigators to fully and properly staff the IIO.
- April 5, 2024: Prosecutors stay manslaughter charges against Const. Paul Ste-Marie and Const. Jean Francois Monette after a pathologist determined Dale Culver died of a heart attack, not blunt force trauma as was initially believed.
- May 14, 2024: The Crown stays a criminal charge against Const. Clarence (Alex) Alexander MacDonald, three days before his obstruction of justice trial was set to begin. The spokesperson said the BCPS wouldn't comment on the reasons for the decision until the conclusion of trial proceedings against two other officers also charged with obstruction of justice in the Culver case.
- June 14, 2024: Trial begins for Const. Arthur Dalman co-accused Staff Sgt. Bayani (Jon) Eusebio Cruz.
- July 25, 2024: Judge Adrian Brooks finds Const. Arthur Dalman guilty but acquitted co-accused Staff Sgt. Bayani (Jon) Eusebio Cruz.
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