Report of the Commission of Inquiry Into Matters Relating to the Death of Neil Stonechild The Honourable Mr. Justice David H. Wright Commissioner October 2004 Report of the Commission of Inquiry Into Matters Relating to the Death of Neil Stonechild The Honourable Mr. Justice David H. Wright Commissioner October 2004 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page i Contents PART Introduction 1 1 Overview of the Facts 1 PART Creation of the Inquiry 2 The Public Inquiries Act 2 2 Order-In-Council 3 Terms of Reference 4 Minister’s Press Release 5 Standing and Funding Guidelines 5 Rules of Practice and Procedure 8 PART The Objectives of a Commission of Inquiry and the Standard Applicable 3 to Inquiries 14 PART The Evidence 23 1 | The Stonechild Family 24 4 Stella Bignell (Stonechild) 24 Debra Mason 27 Jerry Mason 27 Marcel Stonechild 27 Erica Stonechild 28 i 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page ii Contents PART 2 | Stonechild Acquaintances and Other Civilian Witnesses 29 Patricia Pickard 29 Gary Pratt 32 4 Jason Roy 33 Tracy Lee Horse 49 Cheryl Antoine 50 Julie Binning 53 Lucille Horse (Neetz) 54 Gary Horse 55 Trent Ewart 56 Bruce Genaille 57 Diana Fraser 59 Brenda Valiaho 60 Richard Harms 64 Larry Flysak 64 3 | The Saskatoon Police Service in 1990 65 A Brief History of the Saskatoon Police Service 65 The Organization of the Saskatoon Police Service in 1990 67 Departments and Divisions 68 Command Structure 69 4 | The Saskatoon Police Service Officers Dispatched to Snowberry Downs 72 Police Records for November 24/25, 1990 73 Constable Lawrence Hartwig 75 Constable Bradley Senger 82 5 | The Investigation by Saskatoon Police Service 86 The Saskatoon Police Service Investigation File 86 Rene Lagimodiere 87 Staff Sergeant Michael Petty 89 ii 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page iii Contents PART Sergeant Gregory Robert 92 Robert Morton 93 Keith Jarvis 95 4 James Allan Brooks 115 Sergeant Douglas Neil Wylie 115 Constable Geoffrey Brand 116 Raymond Pfeil 117 Glen Clayton Winslow 118 James Edward Drader 119 Theodore Hugh (Bud) Johnson 120 Constable Ernie Louttit 120 Bruce Bolton 122 Eli Tarasoff 123 David Scott 124 Dave Wilton 126 Frank Simpson 128 Murray Montague 128 Joe Penkala 128 James Maddin 129 Constable Brett Maki 131 6 | The Saskatoon Police Service at the Present Day 131 Staff Sergeant Murray Zoorkan 131 Deputy Chief Daniel Wiks 132 7 | The RCMP Investigation of The Death Of Neil Stonechild 138 Chief Superintendent Darrell McFadyen 138 8 | The Expert Evidence – Forensic and Medical Witnesses 140 Dr. Brian Fern 140 Dr. Jack Adolph 145 Dr. Graeme Dowling 147 Dr. Emma Lew 156 iii 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page iv Contents PART 9 | The Expert Evidence – Photogrammetric Evidence 167 Gary Robertson 167 4 10 | The Expert Evidence – Memory Experts 172 John Steven Richardson, Ph.D. 172 Dr. William James (Jim) Arnold 174 Dr. John Charles Yuille 176 PART Overview of the Evidence 191 5 1 | The Events of November 24/25, 1990 191 2 | The Discovery and Identification of the Body of Neil Stonechild 196 3 | The Investigation of the Death of Neil Stonechild, November 29, 1990 – December 5, 1990 198 4 | Missed Opportunities – December 1990 – March 1991 200 Investigation File Supervision 200 Internal Complaints within the Saskatoon Police Service 201 External Complaints in the Press 201 5 | The Sudden Death of Neil Stonechild Revisited – February 2000 203 The Media 203 The RCMP Investigation 204 6 | The Saskatoon Police Service – Then and Now 205 Organization and Operation of the Plainclothes Division 205 Breakdown in the Chain of Command 205 The Need for Racial and Cultural Diversity in the Saskatoon Police Service 206 iv 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page v Contents PART Responsiveness to Complaints 207 5 7 | Final Comments 208 PART Summary of Findings 212 6 PART Recommendations 213 7 Acknowledgements 214 Appendices A i v 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page 1 Introduction Overview of the Facts On November 29th, 1990, two construction workers discovered the frozen body of a young male in a field in the northwest section of the City of Saskatoon. The deceased was subsequently identified as Neil Stonechild, age 17. As the police investigation unfolded on that day and subsequently, it was established that Mr. Stonechild had last been seen on November 24/25 in a residential area in the western part of the City. The coroner attended the death scene as did members of the Saskatoon Police Service, including an Identification Officer and a Canine Unit Officer. The death scene lay in an industrial area north of 57th Street. The field was undeveloped land. An autopsy was subsequently performed at St. Paul’s Hospital in Saskatoon. The Pathologist who conducted the autopsy concluded that Mr. Stonechild died of hypothermia. The weather at the time of his disappearance was extremely cold. On the night of his disappearance the temperature fell to -28.1 degrees Celsius. The Saskatoon Police Service investigated the death and determined that there was no evidence of foul play. Subsequent events raised the question as to whether the youth had been in police custody on the evening of November 24/25. In particular, it was suggested he had been picked up after a complaint was made against him of disorderly conduct at an apartment complex called Snowberry Downs. His companion of the evening was Jason Roy, age 16. Mr. Roy told various persons at the time and later that he had seen his friend, Neil, in the back of a Saskatoon Police cruiser on Confederation Drive on the evening of November 24/25, and that his friend was bloody and calling for help. Newspaper reports appeared from time to time setting out the Stonechild family suspicions that the Saskatoon Police Service had not adequately investigated the youth’s death. There were early suggestions he had been killed by Gary Pratt. This allegation proved groundless. It was suggested that the two Saskatoon Police Service members who answered the call to the disturbance attributed to Mr. Stonechild had taken him from the scene to the remote area of the city and abandoned him. It was confirmed that he was drunk on the evening in question and that he had caused a disturbance at Snowberry Downs and apparently an earlier disturbance at a 7-Eleven store located on Confederation Drive, close to the Snowberry Downs site. There were other complaints against the Saskatoon Police Service during this time and later about members transporting Aboriginal persons to remote locations in and outside of Saskatoon. Two police officers were ultimately charged and convicted of unlawful confinement of an Aboriginal male, Darrel Night. Night survived. In the year 2000, the Royal Canadian Mounted Police were instructed to carry out an investigation of Neil Stonechild’s death and that of other persons who had been found dead in remote locations. On February 19, 2003, the Minister of Justice of the Province of Saskatchewan established a judicial commission to inquire into the death of Neil Stonechild and the investigations carried out by the Saskatoon Police Service and the RCMP. The Commission began sitting on September 8th, 2003, at the City of Saskatoon. The Inquiry was concluded on May 19, 2004. 1 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page 2 Creation of the Inquiry The Public Inquiries Act The Commission of Inquiry was established pursuant to The Public Inquiries Act.1 The provisions of The Public Inquiries Act are reproduced below: “Short title 1 This Act may be cited as The Public Inquiries Act. Commissions of inquiry 2 The Lieutenant Governor in Council, when he deems it expedient to cause inquiry to be made into and concerning a matter within the jurisdiction of the Legislature and connected with the good government of Saskatchewan or the conduct of the public business thereof, or that is in his opinion of sufficient public importance, may appoint one or more commissioners to make such inquiry and to report thereon. Power to summon witnesses 3 The commissioners shall have the power of summoning before them any witnesses, and of requiring them to give evidence on oath, or on solemn affirmation if they are persons entitled to affirm in civil matters, and orally or in writing, and to produce such documents and things as the commissioners deem requisite to the full investigation of the matters into which they are appointed to inquire. Power to compel attendance of witnesses 4(1) The commissioners shall have the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of record in civil cases. (2) The commissioners and any counsel engaged pursuant to section 5 shall have the same privileges and immunities as a judge of the Court of Queen’s Bench. Services of experts 5(1) The commissioners, if thereunto authorized by the Lieutenant Governor in Council, may engage the services of such accountants, engineers, technical advisers or other experts, clerks, reporters and assistants as they may deem necessary or advisable, and also the services of counsel to aid and assist the commissioners in the inquiry. (2) The commissioners may authorize and depute any such accountants, engineers, technical advisers or other experts, or any other qualified persons, to inquire into any matter within the scope of the commission. 1 R.S.S. 1978, c. P-38 2 04-195-006.Stone_Oct5 10/20/04 4:05 PM Page 3 Part 2 – Creation of the Inquiry (3) The persons so deputed when authorized by the Lieutenant Governor in Council, shall have the same powers as the commissioners have