'Why are these people in handcuffs?': Systemic racism behind treatment of McDougall's family, expert says

Systemic racism played a role in how the family of a man killed by police was treated following the incident, an expert said Wednesday at the inquest into the fatal police shooting of Craig McDougall.

Jonathan Rudin is an expert on Indigenous people, the justice system and police. He was commissioned to testify by the McDougall family's lawyer, Corey Shefman.

• Inquest into fatal police shooting hears witnesses were treated differently

"If there is already a level of distrust between the community and police, then incidents like this make it worse," Rudin said.

Systemic racism behind treatment of McDougall's family, expert says

8 years ago

Duration 1:06

Systemic racism played a role in how the family of a man killed by police was treated, said an expert at the inquest into the fatal police shooting of Craig McDougall on Wednesday.

McDougall was shot and killed by Patrol Sgt. Curtis Beyak on Aug. 2, 2008 outsidehis father's Simcoe Street home. The inquest previously heard that officers were called to the home for a reported stabbing.

Seconds after they arrived, the officers involved testified, they spotted McDougall holding a large knife. The three officers said the 26-year-old refused to drop the knife and was shot with a Taser, which failed to take him down, and Beyak fired the lethal shots. The whole incident unfolded in minutes.

"I don't think you can point to anything in those 100 seconds that points to systemic racism," testified Rudin. "My concern is what happened after."

Rudin pointed to the way McDougall's family was treated after he was shot. His father, uncle and father's girlfriend were all put in handcuffs and left on the lawn near McDougall's body.

"It's not something I think can be explained other than [by] systemic racism," he said.

The three family witnesses were in handcuffs for nearly 40 minutes. McDougall's father and uncle were only uncuffed when they arrived at the police headquarters to give their statements.

"No one stops to say, 'Why are these people in handcuffs?'" testified Rudin. "It was clear that those three had nothing to do with the shooting."

Court heard McDougall was shot while walking towards the front door of the house. The officers involved testified he appeared to be "on a mission" and "walking with purpose.

Rudin interpreted the officers' actions as an effort to protect the people inside the house, and questioned why those people were then handcuffed.

The inquest previously heard the officers say emotions were running high, a fight broke out and they were trying to maintain the scene.

• Police officer feared for his life before he shot and killed Craig McDougall, inquest hears

But Rudin suggested McDougall's family members may have been treated differently by officers because they are Indigenous.

"If you handcuff middle-class people on the ground too long, they are going to start yelling," said Rudin.

Winnipeg Police lawyer Kimberly Carswellasked Rudin if that statement was his perception or bias.

He responded by saying it was based on the work he does in Toronto with the Indigenous community on policing.

"You're importing your opinions and biases to Winnipeg," said Carswell.

"I would agree we all have preconceptions,' Rudin answered. "This is based on my experience and work. It's not based on assumption or bias of a police force or police officer."

The inquest heard that theWinnipeg Police Service has training for officers meant to counter bias, and that the service has an Aboriginal and Diversity Unit. It also has community strategies, such as Block by Block, a safetyinitiative that focuses on 21 blocks in Point Douglas.

Rudin agreed these are all good initiatives, but recommended that theymust be re-evaluated to make sure they are still accomplishing what they set out to do.

The inquest will continue on Friday with testimony from Zane Tessler, the head of the Independent Investigation Unit and a use-of-force expert from the RCMP. Closing statements are scheduled for December 16.