5 Yukon Mounties face probe over death in cell

Five Whitehorse RCMP members will face an internal investigation for their role in the 2008 death of Raymond Silverfox while in custody, the territory's top Mountie announced in a rare video statement Friday.

Supt. Peter Clark said the decision to launch the investigation came after a coroner's inquest heard last month about Whitehorse detachment staff mocking and ridiculing Silverfox, 43, as he lay in a drunk-tank cell for 13 hours on Dec. 2, 2008.

Transcripts of cellblock video recordings revealed some officers and guards insulted and laughed at Silverfox as he lay in his own excrement and vomit, having vomited 26 times while in custody.

One officer even told Silverfox to "sleep in your own shit," after he asked to use a mat, according to the transcripts.

"A total of five RCMP members have been notified that they will be investigated pursuant to the Code of Conduct provisions found within the RCMP Act and Regulations," Clark said in a video statement posted on the RCMP's website on Friday.

Died of pneumonia

Silverfox had been taken to the Whitehorse RCMP drunk tank on the morning of Dec. 2, 2008, after he was picked up at a downtown shelter.

The inquest heard detachment staff did not check on his health during his 13 hours in the cells until someone noticed he had stopped moving. He died in hospital of acute pneumonia several hours later.

Clark said independent investigators who looked into Silverfox's death did not transcribe the audio from the cellblock footage, so the RCMP did not know of the remarks in question until three days before the inquest.

"An alert member of the Whitehorse RCMP, who was preparing to give evidence at the inquest, discovered that the investigators had not transcribed the audio portion of what was said in the cellblock," Clark said.

"The fact that important information was missed, and the content of the audio, causes me grave concern. A further review of the transcripts was immediately undertaken."

The new investigation will focus on the RCMP members, not the guards who were on duty at the detachment when Silverfox died. The guards were employed by the Commissionaires, not the RCMP. One guard has left the Commissionaires and the other no longer works at an RCMP facility, Clark said.

RCMP considers changes

The inquest, which ran from April 15 to 23, concluded that Silverfox died of natural causes. The inquest panel recommended the police force boost its guard staffing levels, review guard wages, hold health and safety committee meetings and establish a consultative group to review the issue of public intoxication.

Clark said the police force will "endeavour to comply with each recommendation as well as look for other opportunities to implement positive changes."

As well, the RCMP has requested inquest transcripts be sent to the Commission for Public Complaints Against the RCMP and to a Crown prosecutor, who will determine "if the actions or the inactions of the RCMP or its employees are of a criminal nature," Clark said.

Parts of Clark's video statement, made Friday afternoon, repeated a written statement he released on April 27.

"I am shocked and disappointed, as are many members of the RCMP that Mr. Silverfox had to endure the insensitive and callous treatment he endured while he was in our care," Clark said, a sentiment he expressed in his previous statement.

"We have failed you, and we have failed ourselves."

Recent complaints not addressed

Silverfox's daughter, Deanna Lee Charlie, told CBC News earlier this week thatClark has not apologized to her personally for her father's death.

As with his written statement last week, Clark used his video statement to express "sincere condolences and regret" to Silverfox's family, friends and community members.

The video statement also did not directly address allegations made this week by the Council of Yukon First Nations that racism and stereotyping against aboriginal people were factors in the officers' treatment of Silverfox, who was a member of the Little Salmon Carmacks First Nation.

Clark said the Yukon RCMP are working on three strategic priorities this year, including a "focus on aboriginal policing needs" and First Nations cultural awareness for officers.