2 Montreal police officers lied about man who died in custody in 2017, ethics committee says

Two Montreal police officers blatantly lied to independent investigators when they said they weren't aware of a man's medical condition before he collapsed and died while in custody, the Quebec police ethics committee has ruled.

According to last Tuesday's decision, the ethics committee said the difference between the officers' version of events and the video evidence was "striking," and when presented with the proof, the two officers tried to "explain the inexplicable."

It also ruled that the officers knowingly provided false information to Quebec's police watchdog, which investigated the man's death.

David Tshiteya Kalubi was arrested on Nov. 7, 2017 during a traffic stop.

Two police officers — Dominique Gagné and Mathieu Paré — questioned Kalubi that night at the Service de Police la Ville de Montréal's (SPVM) operation centre in the city's east end.

According to transcripts made available in the decision, Kalubi was asked if he had a pre-existing medical condition. He told them he had sickle cell anemia and relied on medication to treat it.

The following morning, Kalubi — who hadn't had any medication on him at the time of his arrest — was transferred to municipal court, where he was also detained.

The information about his condition was never documented on the inmate control sheet, the ruling states. There would have been no way for officers at the municipal court to know about Kalubi's condition.

The 23-year-old died several hours after arriving there. However, a Quebec coroner concluded that Kalubi did not die because he didn't have access to medication.

The coroner determined that the cause of death was a cardiac arrhythmia and that the presence of cocaine found in his blood was a contributing factor.

The committee said the officers' omission amounts to negligent and careless behaviour.

"The officer has the duty to respect the rights of each person under his supervision," the ruling reads.

Ultimately, no one was charged in connection with the 23-year-old's death. Quebec's Crown prosecutor's office determined that even though the police officers didn't follow proper procedure the night Kalubi was taken into custody, their actions didn't contribute to his death. 

In a statement to CBC News, Montreal police said they were "sensitive to the situation in question" and would follow the file closely.

"The SPVM has, like any other police force in Quebec, a legal obligation to apply the imposed sanctions. The officer or officers cited can, within 30 days, appeal the decision," the statement said.

"We will take time to analyze the decision and let the judicial process take its course."

Officers' claims didn't add up, ethics committee says

Both police officers submitted written accounts of their encounter with Kalubi to Quebec's police watchdog, known by its French acronym BEI.

Gagné was the one asking questions. Paré recorded Kalubi's answers and filed the control sheet that would eventually be sent to municipal court when the 23-year-old was transferred.

According to the ethics committee, Paré said Kalubi never mentioned any pain or discomfort.

"But his account is silent when it comes to the information provided by Mr. Kalubi regarding his condition and his medication," the ruling reads. "He doesn't mention anything regarding the control sheet."

The ruling also points out that Gagné claimed he asked the 23-year-old if he had any medical condition or medication he needed to take. Gagné said Kalubi told him no.

In January 2018, BEI investigators met with the two officers and their legal counsel.That day, both of them saw the video footage of themselves questioning Kalubi. Both officers decide to end the meeting and leave.

The ethics committee said the video serves as a reliable and impartial witness.

"Faced with this reliable and impartial witness, the police officers then tried, during their testimony in front of the committee, to explain their inaccuracies and contradictions," the ruling reads.

"Their credibility quickly became a major issue in this case."

Gagné and Paré had 12 and 10 years of experience respectively at the time of Kalubi's death. 

For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.