Calgary

First Nation chief says complaint to be filed against officers following death of respected Blood Tribe member

The death of Jon Wells on Sept. 17 leaves a void in the hearts of those who knew him, his family said Friday.

Jon Wells leaves a void in the hearts of those who knew him, family says

Jon Wells, a Blood Tribe member who died earlier this month, was the 2012 Indian National Finals Rodeo Steer Wrestling Tour champion.
Jon Wells, a Blood Tribe member who died earlier this month, was the 2012 Indian National Finals Rodeo Steer Wrestling Tour champion. (Eugene Creighton)

Blood Tribe Chief Roy Fox said he and the tribe's council will file a formal complaint against three officers following the death of Jon Wells, a Blood Tribe member who died after an altercation with Calgary police.

Fox said they will demand a thorough and transparent probe into Wells's death on Sept. 17. The Alberta Serious Incident Response Team (ASIRT) is handling the investigation and examining the use of force by officers in the case.

Fox said Wells's death is reminiscent of past challenges faced by the First Nation, located in southwestern Alberta.

He said they spoke out in the 1980s about unsolved tragedies affecting their community — as well as the lack of action by law enforcement — in the public inquiry Policing In Relation to the Blood Tribe.

"That inquiry underscored the cultural gap between our people and the police, highlighting the urgent need for understanding and respect," Fox said.

"Today, it is disheartening to find ourselves addressing these issues once again. However, our community has always risen above adversity with strength and resilience. Now, more than ever, we must stand united in our commitment to seek justice for Mr. Wells and ensure that such tragedies do not continue."

Fox described Wells as a respected and beloved member of the First Nation, adding their hearts are with his family.

Lawyers group calls for investigation transparency

Meanwhile, the Criminal Defence Lawyers Association is calling for a continued commitment to public transparency in Wells's death, after an ASIRT report earlier this week revealed "disturbing and alarming" details about the incident.

The association — a Calgary-based group that represents criminal defence lawyers, their clients and those in conflict with the criminal justice system — commended ASIRT's transparency in publicizing details about how Calgary police tackled, punched and deployed stun guns on an unarmed man, who was later confirmed to be Wells.

The Calgary Police Service (CPS) was called via its non-emergency line that night to the Carriage House Hotel and Conference Centre regarding a man causing a disturbance and refusing to leave the hotel. 

The lawyers association noted "concerning differences" between ASIRT's report about the altercation that followed and CPS's initial news release about the incident.

ASIRT's report said two officers deployed stun guns during the incident, after the CPS release said only one had done so. The police service also said Wells went into medical distress at the scene, without including context that ASIRT provided about Wells bleeding from the mouth and vomiting while restrained and lying face down.

CPS also said Wells died despite the efforts of EMS, while omitting that EMS injected Wells with a sedative while he was lying face down in handcuffs, leg restraints and a spit mask, and that Wells was left in this position for three more minutes until he was noted to be unresponsive.

"These significant discrepancies make public transparency a paramount consideration in the continued investigation of this event," the lawyers association said.

In response to the criticism, the Calgary Police Service said the information it provides in its initial press releases reflects what it knows at the time of the release. CPS also said it's fully co-operating with ASIRT's investigation.

"Any time a person dies in the custody of police, there should be significant rigour around ensuring officers were acting within their lawful authority during that interaction," the police service said Friday.

The Criminal Defence Lawyers Association called for the provincial government and Alberta Crown Prosecution Service to commit to transparency and accountability in its response to ASIRT's recommendations, if ASIRT finds reasonable grounds to believe an offence was committed. It added this could include appointing a special prosecutor to determine whether charges will be laid.

"The disturbing nature of the details shared [Wednesday] heightens the public interest in fully understanding how a non-emergency call for assistance went so horrifically wrong," said the statement from the lawyers group. 

"The public has a right to know what can and will be done to prevent such a tragic outcome in the future."

Wells, 42, was a member of the Blood Tribe. He was at least the seventh Indigenous person in Canada to die after an altercation with police in less than three weeks, from Aug. 29 to Sept. 17.

The lawyers association added that exploring the role that racial stereotypes or unconscious biases played in the case will also be required in ASIRT's investigation.

The recent series of Indigenous deaths in Canada prompted an emergency debate in Parliament on Sept. 16, as MPs called for policy solutions. 

"Calgarians — and Canadians — have every right to be concerned that such an exceptional parliamentary action was almost immediately followed by the death of Mr. Wells," the lawyers association said. 

"They are equally right to be shocked and saddened by the details released by ASIRT surrounding his death. Mr. Wells heartbreakingly feared this outcome. It is clear that change is urgently and desperately needed. That will not happen unless we are prepared to truly get to the bottom of what is wrong."

Wells's death leaves void in community

Laverne Wells said Friday her nephew's death left a void in the hearts of the people who knew him.

"Jon was a loving father, son, grandson, brother, uncle, nephew and friend to many. His dedication to his family and community was unwavering, and his impact on the youth he mentored was profound," Laverne Wells said in a statement.

She noted how Wells travelled across North America for rodeo events, becoming a steer wrestling tour champion in 2012 and competing in the Indian National Finals Rodeo. She added that Wells used his horsemanship at the Kainai Transition Centre to inspire and instruct youth who were experiencing trauma and addiction.

Wells, she added, was a graduate of Lethbridge College's criminal justice diploma program in 2011, a former president of the Blood Tribe Ag Society and a member of the Canadian Pro Rodeo Association.

"Jon's leadership and influence were felt far and wide. His legacy as a mentor, friend and cowboy will forever be cherished by all who had the privilege of knowing him," Laverne Wells said.

ABOUT THE AUTHOR

Andrew Jeffrey is a multimedia journalist with CBC Calgary. He previously worked for CBC News in his hometown of Edmonton, reported for the StarMetro Calgary, and worked as an editor for Toronto-based magazines Strategy and Realscreen. You can reach him at andrew.jeffrey@cbc.ca.