B.C. Mountie loses bid to stay obstruction of justice charge connected to 2017 death of Indigenous man
Const. Arthur Dalman found guilty of ordering witness to delete video following 2017 arrest of Dale Culver
A Prince George RCMP officer has lost a bid to stay an obstruction of justice charge and will now be sentenced, in a case connected to the 2017 death of an Indigenous man in custody.
In July 2024, Const. Arthur Dalman was found guilty of obstructing justice for ordering a bystander to delete cellphone video showing the aftermath of the police takedown and arrest of Dale Culver on July 18, 2017.
The 35-year-old Gitxsan and Wet'suwet'en man died in police custody 29 minutes after he was arrested, following a struggle with multiple police officers.
Dalman is one of two officers who went on trial in the obstruction of justice case.
The constable filed an application to stay his 2024 conviction, arguing that lengthy pre-trial delays meant he was denied his Charter rights to a trial within a reasonable timeframe.
However, in a ruling on May 29, Judge Adrian Brooks dismissed Dalman's application. His next court appearance is on June 19 to schedule a date for his sentencing.
The other officer accused of obstruction of justice, Staff Sgt. Bayani (Jon) Eusebio Cruz was found not guilty in 2024.
Time to trial
Culver's arrest and death happened nearly eight years ago, on July 18, 2017. That was followed by an investigation by B.C.'s Independent Investigations Office (IIO), an oversight agency that investigates anytime a police-involved incident results in serious harm or death.
It filed its initial report to Crown counsel in July 2019, followed by an updated report in May 2020.
Close to three years later, in February 2023, Crown prosecutors announced charges of manslaughter against two Mounties and charges of obstruction against three others, the first time the accused were publicly named.
Charges against the two officers accused of manslaughter were stayed in April 2024.
Charges against one of the officers accused of obstruction were stayed a month later, while the trial for the other two officers accused of obstruction was completed on July 25, 2024, resulting in Dalman's guilty verdict.
'Rare occurrence,' civil rights group says
Culver's death and its aftermath have been viewed by civil rights advocates and First Nations leadership groups in B.C. as a key test of the justice system's ability to hold police accountable.
The B.C. Civil Liberties Association (BCCLA) hailed the recent dismissal of Dalman's application, with a staff lawyer saying it's uncommon for officers to be charged with criminal offences and even less common for them to be found guilty.
"We recognize that this is such a rare occurrence — that not only was Const. Arthur Dalman found guilty of obstruction of justice, but that despite his application to challenge that verdict, the judge upheld his guilty verdict," said Latoya Farrell.
"And now we're going to be moving to sentencing, which is monumental in steps towards the police accountability."
In a statement shared by the BCCLA, Culver's daughter asked how many people would have to die before the public realized the justice system was broken.
"We have been waiting eight long years for this, and I have somehow managed to remain positive about my feelings that eventually someone would be held accountable," Lily Speed-Namox said.
Police federation says case took too long
However, the National Police Federation's Pacific-North director, Chris Voller, was critical of Dalman's application being dismissed.
"I think that this was an error," he told CBC News. "I think it was very clearly demonstrated, throughout the testimony of all involved, that Const. Dalman's Charter rights were clearly denied."
Voller said the IIO, which forwarded a report to Crown prosecutors in Dalman's case recommending that charges be laid, made evidentiary errors in the case.
"The public of British Columbia want and deserve to have the ability to say the oversight of their police officers is competent, timely and reasonable," he said.
"We would request a review of the competency, timeliness and reasonableness associated to both the IIO investigations and charge assessment by the Crown counsel."
Timeline of events:
- July 18, 2017: Dale Culver is arrested and dies in police custody.
- July 19, 2017: Independent Investigation Office of B.C. (IIO) begins its investigation.
- Aug. 22, 2017: IIO appeals for key witnesses to come forward.
- July 16, 2019: IIO completes its investigation and forwards a report to the B.C. Prosecution Service to consider charges.
- May 29, 2020: IIO announces it's made updates to its investigation and has expanded the file in consultation with Crown council. IIO has determined that reasonable grounds exist to believe that two officers may have committed offences in relation to the use of force and three others may have committed offences regarding obstruction of justice.
- Feb 1, 2023: Manslaughter charges are sworn against Const. Paul Ste-Marie and Const. Jean Francois Monette, while Const. Arthur Dalman, Const. Clarence (Alex) Alexander MacDonald and Sgt. Bayani (Jon) Eusebio Cruz face attempted obstruction charges.
- Feb. 2, 2023: IIO director Ronald J. MacDonald responds to concerns regarding delays. MacDonald says the time it has taken to lay charges is unacceptable. He says the IIO is hindered by its ability to attract and retain enough qualified and experienced investigators to fully and properly staff the IIO.
- April 5, 2024: Prosecutors stay manslaughter charges against Const. Paul Ste-Marie and Const. Jean Francois Monette after a pathologist determined Dale Culver died of a heart attack, not blunt force trauma as was initially believed.
- May 14, 2024: The Crown stays a criminal charge against Const. Clarence (Alex) Alexander MacDonald, three days before his obstruction of justice trial was set to begin. The spokesperson said the B.C. Prosecution Service wouldn't comment on the reasons for the decision until the conclusion of trial proceedings against two other officers also charged with obstruction of justice in the Culver case.
- June 14, 2024: Trial begins for Const. Arthur Dalman and Staff Sgt. Bayani (Jon) Eusebio Cruz.
- July 25, 2024: Judge Adrian Brooks finds Const. Arthur Dalman guilty but acquits co-accused Staff Sgt. Bayani (Jon) Eusebio Cruz.
- Aug. 16, 2024: Counsel for Dalman files an application to stay the charges due to pre-trial delays.
- May 29, 2025: Judge Adrian Brooks dismisses Arthur Dalman's application for a stay of the obstruction of justice charges.
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