Disputed inquiry into police shooting of Montreal teen set to begin

A coroner's inquiry into the police shooting of a Montreal teenager last August is set to begin Monday despite widespread criticism of the process as being one-sided and too narrow in scope.

Several witnesses and community groups have bowed out from the inquest into Fredy Villanueva's death, claiming the investigation has lost all credibility.

Villanueva, 18, was shot dead in a Montreal North park on Aug. 9, 2008, while officers were trying to arrest his older brother, Dany. Two other men — Denis Meas, 18, and Jeffrey Sagor Metellus, 20 — were in the park at the time playing dice with the Villanueva brothers and were also shot, but survived their injuries.

The neighbourhood erupted with a night of rioting and looting in the multicultural, working-class borough that caused thousands of dollars in damage.

Coroner Robert Sansfaçon, a Quebec court judge, is heading the inquiry, which has a mandate of establishing what happened between police officers and Villanueva, and how he died.

Villanueva's relatives have said they will boycott the inquiry unless subpoenaed to testify, after the provincial government refused to pay the fees of lawyers representing the victims.

Many community groups — including the Coalition Against Police Repression, Black Coalition of Quebec, the Centre for Research Action on Race Relations, and the Ligue Des Droits et Libertés — have also pulled out after obtaining intervenor status because the inquest will not probe broader issues of racial profiling, police accountability and youth poverty in Montreal North. 

'We will get a better understanding of what transpired, and what happened. There's still a lot that needs to be explained.' —Quebec Premier Jean Charest

Their absence won't help the inquiry fulfil its mandate, but everyone feels it's a matter of principle, said Alain Arsenault, a Montreal lawyer representing Villanueva's family.

"[The government] made certain choices and they have chosen to rescind certain promises and they'll have to live with the consequences," Arsenault told CBC News.

The coroner's office said no group has formally withdrawn from the inquiry yet, and they will be allowed to intervene at the last minute, if they want. 

Police investigation cleared officer

The Quebec government ordered the coroner's inquest after prosecutors said there would be no charges against the officer who shot Villanueva. A police inquiry into the shooting — conducted by the Sûreté du Québec, as per provincial policy — determined the officer who fired at the teen acted with justified force, given the circumstances.

A coroner's inquest is absolutely necessary, emphasized Premier Jean Charest.

"We need to allow the coroner to ... enlighten us on the events of that day," he told CBC News last week.

"And from here we will get a better understanding of what transpired, and what happened. There's still a lot that needs to be explained."

Charest said steps have already been taken to address long-standing tensions between Montreal North residents and police.

"The city of Montreal put together working groups, we're working with the city on social issues... And we have been active in addressing some of the issues in that part of Montreal," he said.

"But the events themselves, because a young man has lost his life, justifies knowing what happened and why that happened on that day."

Community organizers like Victor Henriquez believe Villanueva's death reflects a larger social problem that the inquest won't investigate, to the detriment of Montrealers at large.

"We need to analyze the police's behaviour," said Henriquez, who works at Fourchette de l'Espoir, a community group in Montreal North. 

'A growing number of people are saying the system used to investigate when a citizen is killed or injured when police is involved is not transparent, leaves too many questions unanswered and doesn't inspire public confidence.' —Marvin Rotrand, Montreal city councillor

"The main issue is that we have many places in Montreal, in several boroughs, where poverty, misunderstanding, and maybe [lower levels] of education, is building a hole between police officers and citizens," he told CBC News. 

Tension doesn't just exist between authorities and young people, Henriquez added. "Remember in the Montreal North riot, you saw people in the balconies, applauding what was going on [in the streets].

"People are tired of seeing, because they live in poor neighbourhoods, they are treated [by police] in a different way."

A full public inquiry would air those concerns and help to alleviate friction between police and residents, who have lost faith in the justice system, Henriquez said.

Quebec lags behind Ontario, says Montreal politician

Quebec is overdue for a revision of how police shootings are handled, according to Marvin Rotrand, a municipal councillor in Montreal.

"A growing number of people are saying the system used to investigate when a citizen is killed or injured when police is involved is not transparent, leaves too many questions unanswered and doesn't inspire public confidence," said Rotrand, who represents the Montreal riding of Snowdon. 

'People are tired of seeing, because they live in poor neighbourhoods, they are treated [by police] in a different way.' —Victor Henriquez, community organizer

"I believe Quebec is far behind other provinces. In Ontario, there is an independent civilian agency, the Special Investigative Unit, that goes into action immediately after a death or severe injury," he said last week.

"Its rules for debriefing officers are very different  than what happens here [in Quebec]. There is no ability for the officer to give a statement weeks later. It's immediate."

Lawyers for the two Montreal police officers involved in the shooting have been granted a publication ban during the coroner's inquest, which means their names, images and photos cannot be released.

Villanueva's family has filed a $990,000 civil suit against Montreal and the police force.

Meas and Metellus, the surviving shooting victims, have also sued the city and police for $810,000.

The coroner's inquiry will continue until Wednesday and then resume for five days, beginning next Monday.