Call for Justice: Gitanyow Leaders React to Legal Maneuver in Dale Culver Case

Lawyers representing a Royal Canadian Mounted Police (RCMP) officer from Prince George, British Columbia, have filed a legal motion to halt proceedings in a case that has drawn significant attention and outrage, particularly from Indigenous communities. Constable Arthur Dalman was convicted of obstruction of justice related to the 2017 death of Dale Culver, a 35-year-old Gitxsan and Wet’suwet’en man. The development has been condemned by Gitanyow leaders, among others.

Culver died in police custody in 2017, leading to an investigation by the Independent Investigations Office (IIO) of British Columbia. Dalman was found guilty in July for instructing bystanders to erase cellphone footage of Culver’s arrest, a key piece of evidence.

The legal team for Dalman is seeking a stay of proceedings, arguing that his Charter rights, including the right to a trial within a reasonable time, were violated. This application may delay his sentencing, according to the British Columbia Prosecution Service (BCPS), which confirmed the legal filing. The case has exceeded 80 months, well beyond the 28-month timeframe set for trials by the Supreme Court of British Columbia.

The call for a stay has prompted outrage from Culver’s family and community. “After seven long years, an officer was finally held accountable,” said Debbie Pierre, Culver’s cousin, voicing her anger about the possibility of Dalman escaping justice on procedural grounds.

In July 2017, Prince George RCMP officers attempted to stop Culver, initially mistaking him for a Caucasian suspect. Culver, who was identified as Indigenous by the BCPS, attempted to flee on a bicycle. During the subsequent arrest, officers reportedly used excessive force, leading to Culver’s death within 30 minutes of his apprehension.

In 2022, the IIO recommended charges, including manslaughter, against several officers involved in the incident, but most of these charges were dropped. Gitanyow Hereditary Chiefs have criticized the police as a “racist institution” needing serious reform.

The call for a stay highlights broader issues about the treatment of Indigenous peoples in the justice system. Recent statistics indicate a disproportionately high number of Indigenous deaths in police custody across Canada. Joel Starlund, Executive Director with the Gitanyow Hereditary Chiefs, said Culver’s death exemplifies systemic injustices against Indigenous communities.

Former IIO Chief Civilian Director Ronald MacDonald has previously noted concerns around the BC Prosecution Service overseeing police-related cases, citing potential conflicts of interest. These procedural issues, compounded by recent legal developments, have revived calls for a national strategy for First Nations justice.

The indigenous leaders and Culver’s family, represented by figures like Terry Teegee of the B.C. Assembly of First Nations, continue to demand justice and reforms. “We will not rest until justice is served for Dale and all Indigenous peoples who have lost their lives in police custody,” Pierre stated, emphasizing the ongoing struggle for accountability.