THUNDER BAY — Legal counsel for the Office of the Independent Police Review Director argued on Wednesday there was a “reasonable delay” in their review of three Thunder Bay police officers for their investigation into the 2015 death of an Indigenous man.
Stacy DeBungee, 41, an indigenous man from Rainy River First Nation, died in Thunder Bay after his body was found in the McIntyre River on Oct. 19, 2015.
At the time, Thunder Bay Police had ruled the death was non-criminal shortly after DeBungee’s body was found. An investigation by the OIPRD was launched in 2016 after questions were raised about how city police handled the investigation.
The report concluded officers on the case ignored or neglected important leads and that racism may have influenced the handling of the investigation and there were “probable grounds to support an allegation of neglect of duty.”
Under the Police Services Act, police officers are to be notified within six months of disciplinary hearings into their conduct.
However, because the OIPRD report took nearly two years to complete, an extension hearing was held virtually before retired Judge Lee Ferrier on Wednesday, Feb. 10 to determine if the delay was reasonable and if disciplinary hearings for the officers should proceed.
Lawyer Miriam Saksznajder for the OIPRD argued the length of time for the review was reasonable considering the systemic review that was also launched around the same time as DeBungee’s investigative report.
“The director found it was not only important to retain [DeBungee’s] investigation but also conduct a current systemic review,” Saksznajder said. “I don’t think anyone could have done this investigation the way we did in six months in the time that was permitted especially with the concurrent systemic review that was ongoing.”
Legal counsel Julian Falconer for the DeBungee family described his 2015 death as a “poster child” for how the Thunder Bay Police Service treats the deaths of Indigenous people.
“In 2021, I don’t think you’re going to find an Indigenous leader in this city of Thunder Bay who says ‘things have really improved,” Falconer said during Wednesday’s hearing.
Joanne Mulcahy, the lawyer for the respondent officers, urged Ferrier to deny the extension hearing application saying there was “investigative delay and unreasonableness” with the OIPRD report and in issuing the notices of hearing.
The virtual hearing concluded on Wednesday afternoon with Ferrier stating he would issue a decision in the future.
“I will have a decision as soon as I can reasonably do it,” he said.
Last week, a spokesperson with the Office of the Chief Coroner confirmed DeBungee's death is being re-investigated. Because the new investigation is not yet complete, no further details were provided.
A publication ban is in effect that protects the identity and any information that could identify the officers involved.
