The family of a woman killed by a Victoria police officer on Christmas Day in 2019 is calling for a prohibition on firing of plastic bullets at close range, a bolstering of mental-health and addictions treatment services, and better documentation by police during investigations.
A public hearing resumed Monday into the death of 43-year-old Lisa Rauch, who was shot in the back of the head three times with plastic projectiles from an ARWEN weapon after she barricaded herself in supportive-housing unit at 749 Pandora Ave.
Final arguments and recommendations are scheduled this week before adjudicator Wally Oppal, a retired judge and former B.C. attorney general, in a Fort Street boardroom, with the hearing expected to wrap up Thursday.
Oppal will determine whether Victoria police officer Ron Kirkwood, who has been promoted to sergeant since the incident, abused his authority or neglected his duty by recklessly or intentionally using unnecessary force in shooting Rauch with the ARWEN.
Oppal will also decide on recommendations including those submitted by lawyers and Rauch’s family.
In his final arguments Monday, public hearing counsel Brad Hickford said despite the fact police officers have a duty to make comprehensive and timely notes following an incident, a culture had developed within the Victoria Police Department of officers not immediately doing so if they knew they would be the subject of an independent investigation — triggered by any police shooting of a civilian, for example.
Instead, the practice was for an officer to request legal counsel first.
Hickford suggested the provincial government enact legislation for a provincial note-taking standard for all police in B.C. to eliminate any confusion. (The Victoria Police Department has since revised its policies.)
Chris Considine, counsel for the Office of the Police Complaint Commissioner, suggested there are strong legal and policy reasons — as well as those of public oversight and confidence in policing — for officers to make full and timely notes of their actions, “regardless of any third-party investigation” and that the chief constable should continue to ensure that happens.
Considine noted that duty is not restricted by the Charter of Rights and Freedoms.
He said evidence revealed that Rauch was shot by an ARWEN in a reduced-visibility environment without a verbal warning or command to raise her hands or to crawl out of the room. He suggested a review of the department’s use-of-force policy with regard to verbal commands before firing a lethal weapon.
The lawyers stressed the need for improved communications between police and firefighters, and cross training to better prepare for emergencies like that which involved Rauch.
Evidence was heard that the scene was very loud and chaotic, with alarms going off because of a fire in the suite. Two firefighters at the threshold of the suite said they had extinguished the fire and were backing out to let Greater Victoria Emergency Response Team members to enter — a 46-second transition — but that not every team member was aware the fire was out.
“Had they been informed by the firefighters that the fire was out, this would have created an opening for other options other than what occurred,” said Hickford.
Considine said the OPCC also recommends the Victoria Police Board consider equipping on-duty police officers with body cameras, noting pilot projects using such cameras are underway in Vancouver and Delta.
Victoria Police Department requested $150,000 last year to initiate a pilot, but Victoria and Esquimalt councils didn’t approve the request, along with several other budget items.
Oppal agreed that body cameras not only better serve the public but better protect police against wrongful claims.
Considine noted that both the Rauch family and Kirkwood received “poor communication from the Victoria Police Department” about the death.
Rauch’s parents were in the United States when they were initially relayed incorrect information by police about how their daughter died.
Afterward, there was no communication from police other than a brief acknowledgment by an officer when Rauch’s belongings were delivered in a bag to her sister.
Hickford recommended that a “properly informed member of the police department” be assigned the task of dealing with and providing information to family members when there has been a death involving a civilian interacting with police.
Rauch’s family wants to see an end to so-called catch and release practices for people held in custody. Rauch was put in cells intoxicated and released at 6:30 a.m. on Christmas morning still in what one person described as “psychosis.” She could have been kept in custody or released into care, the family maintains.
“If Lisa hadn’t been released from custody on Christmas morning, this incident would not have happened,” said the family in its recommendations.
The family also wants to see better de-escalation practices by police and trained negotiators on the scene quickly.
The public hearing continues today .
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