Deadly force: 10 years after fatal encounter with Yukon police, man's family still wants justice

This story is part of Deadly Force, a CBC News investigation into police-involved fatalities in Canada.

Relatives of Grant EdwinMcLeod, who died in Whitehorse in 2008 aftera police encounter, still feel like they haven't seenjustice for his death.

He is one of two men who died in Yukon since 2000 while under arrest afterviolent police altercations. McLeodand Clark Whitehouse, who died in 2003,are now part of anational database compiled by CBCof 461people who have died in police encounters in Canada since 2000.

• Most Canadians killed in police encounters since 2000 had mental health or substance abuse issues

• How CBC analyzed details of hundreds of fatal encounters between Canadians, police

In 70 per cent of those cases, the deceased had eithermental health issues or substance abuse problems, or both.

Further analysisshows that 42 per cent of those who died were mentally distressed, while 45 per cent were under the influence of drugs or alcohol.

Both McLeod'sand Whitehouse's deaths were ruled by coroner's inquests to be accidental due to cocaine overdoses.

No recommendations from Whitehouseinquest

On Sept.28, 2003,Whitehouse, 34,was driving away from Whitehorse after seeing his father, Jack Whitehouse, according to CBCreports at the time. The father told a coroner'sinquest in 2005 that his son had looked "dishevelled and was gasping for breath."

Whitehouse ended up in a police chase down the highwaybefore it ended on foot, 25 kilometres from the city. RCMP Const.Paul Thalhofertold the inquest he had attempted to pull Whitehouseover for not wearing a seatbelt.

After the foot chase, Thalhoferused a Taser to firetwo shotsand demanded Whitehouseput his hands behind his back. Thalhoferlater testified that he saw Whitehouse eat a chunk of cocaine while he was on the ground, and Thalhoferagain shot him with the Taser before Whitehouseput his hands behind his back.

Shortly after being handcuffed and escorted into the back of the police car,Whitehouse became unconscious and started drooling. Thalhofer performed CPR until an ambulance arrived.

Whitehousewas pronounced dead atWhitehorse General Hospital a short while later.

Thalhofer admitted to the inquest that he had little experience dealing with people on drugs but had dealt with people usingalcohol almost daily. At the time,Thalhofer was a 16-year veteran of the force.

Vancouver-based toxicologist Dr. Stuart Huckin told the inquest that Whitehouse had41 milligrams of cocaine per litreof blood in his system, morethan four times the lethal amount.

The toxicologist did not comment in the inquest on the effects of the Taser on a person using cocaine.

However, the inquest did focus on Whitehouse's cocaine addiction and mentioned he had been hospitalized before for overdoses.

There were no recommendations made by the six-person jury.

Jack Whitehouselater told local media that he was disappointed no recommendations were made, andthat he hoped RCMP would conduct aninternal review.

In an email to CBC, Yukon RCMPsaid they "have not located any internal RCMPreview" in relation to the case.

Whitehouse's family declined to be interviewed but a family spokesperson sent a statement on itsbehalf.

"Our family has come to peace and terms with the outcome of this tragedy," the statement reads."We wish to express our heartfelt sympathies to individuals and families with similar struggles and loss."

'He ... needed to be cared for, not killed'

In the case of Grant Edwin McLeod, 39, only one recommendation was made by an inquest jury to install security cameras in the Chilkoot Trail Inn in Whitehorse, where the police altercation took place.

The morning McLeod died, on Aug. 30, 2008, RCMP were called to investigate a complaint that he was wandering around the motelwith a syringe. When officers arrived at the hotel, they attempted to arrest McLeodunder Yukon'sMental Health Act because he was displaying what was described as"abnormal, erratic behaviour"and because they thought he had a needle and could be a dangerto himself or others, according to two lawsuits filed by McLeod's daughter,Elycia Carlick.

"There is a lot of doubt and hurt about how theRCMPtreated this man that we loved,"- Susan Carlick

"He was a person who needed to be cared for, not killed," said SusanCarlick, a former partner ofMcLeod's,andElyciaCarlick'smother.

ElyciaCarlickfiled a wrongful death claim and a misfeasance in public office claim against seven members of the WhitehorseRCMPin the death of her father. The cases were ultimately thrown out on technicalities.

"There is a lot of doubt and hurt about how theRCMPtreated this man that we loved," said Susan Carlick. She sat through the weeklong coroner's inquest intoMcLeod'sdeath.

During his arrest,RCMPofficers ended up in a violent struggle with McLeod. It eventually took six officers to handcuff him. Officers searched for the reported syringe, but Susan Carlicksaid one was never found. Neither of the claims mention if one was ever found.

Shortly after being handcuffed,McLeodwent into medical distress and an ambulance was called. He was pronounced dead at Whitehorse General Hospital soon after.

Carlick saysshe and her daughterknew McLeodhad been sufferingfrom a cocaine addiction.

McLeod had 2.3 milligrams of cocaine per litreof blood in his system when he died,forensic toxicologist Walter Martztold an inquest in 2009.

Also at the inquest, forensic pathologist Charles Lee said that such high levels of the drug could explain McLeod's behaviour. He alsosaid the violent strugglewith police could have contributed to McLeod's death because of underlying medical conditions.

However, the inquest found the main cause of death to be high levels of cocaine in McLeod's system.

The claims ElyciaCarlicklater filed referred to an expert report byforensic pathologist John C. Butt, who was hired by the Carlicks. The report was based off of notes from the inquest, according to Carlick, and it questioned the findings of the inquest.

"When we launched the wrongful death claim, my hope was that theRCMPwould learn from it and admit what they have done and change how they operated," said SusanCarlick.

"That was ournumber one goal, was what happened to Grant would never happen to another person who needed help and care."

Was anything changed?

According to Yukon RCMP, a review of McLeod'sdeath was conducted by a senior RCMP officer from outside the territory.

The reviewconcluded that the officers involved "acted in accordance with their training and approved procedures and tactics that were in place at the time."

The review did make internal recommendationsrelated to internal employee support and first aid procedures. It also recommended officers involved in high-profile incidentsnot be directly involved in follow-up investigations into those incidents.

• Deadly force: Fatal encounters with police in Canada, 2000 to 2017

Out of the 461 fatal police encounters in Canada since 2000,CBC identified18 cases that resulted incriminal charges laid against an officer. There have been two convictions, and some are still before the court.

No charges were ever laid againstRCMPofficers in the deaths ofMcLeodorWhitehouse.

"It's gotta change,"said SusanCarlick."They [theRCMP]have to admit where the problems areand make the changes that are needed."