Family Hopes For Justice - Craig McDougall Inquest

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On August 2nd, 2008, Craig McDougall, a young man from Wasagamack First Nation in Northern Manitoba was shot and killed by Winnipeg Police officers, after a confrontation in front of his father's Winnipeg home.

To learn more about Craig, and the struggle the McDougall family has faced, watch APTN's 20 minute report on the case. Where you'll also learn that Craig McDougall was the nephew of famous Indigenous rights activist JJ Harper, who was also killed by police. http://www.aptn.ca/news/2015/11/28/aptn-investigates-the-cops-are-here/

It has taken 8 years, but now, on the eighth anniversary of the week Craig was killed, the mandatory inquest into his death is set to begin on August 7th, 2016. The Inquest is a 4-5 week court hearing, with a Provincial Court Judge, who will hear evidence from family members, witnesses, the police, and experts on use of force and structural racism.

The Inquest will determine when, where and by what means Craig died, and the material circumstances of his death. The Inquest may also recommend changes to reduce the likelihood of similar deaths in the future.

For the first time in Manitoba, the Inquest Judge has specifically allowed evidence dealing with the role structural racism played in Craig's death, to be part of the Inquest. http://www.winnipegfreepress.com/local/craig-mcdougall-inquest-will-consider-systemic-racism-within-winnipeg-police-372503821.html

Your donation will empower the McDougall family and the family's legal counsel to address issues including structural racism targeting Indigenous peoples, police violence, mental health and the justice system as a whole.
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Why is the inquest important?
The Inquest is important because it is the first (and likely the only) chance for the McDougall family to get answers about Craig's death.
It is also important because it may lead to changes in the way the Winnipeg Police and other government institutions address structural racism, specifically towards Indigenous peoples.

Why do you need our help?
The law firm that is representing the McDougall family is not charging the family any legal fees. Preparing for and participating in a 4-5 week Court hearing, like this one, is time consuming and expensive (it can cost up to $100,000!). We want to ensure that they are able to secure the most qualified experts, and devote the time needed to make the Inquest a success.

Where does my donation go?
Your donation will be received on behalf of the McDougall family by Bob Norton, a private investigator who has worked with the McDougall family and their legal counsel for the past 8 years.

Once received, 100% of your donation will go to paying the costs associated with the family’s representation at the Inquest. In order of priority, your donation will go to:

1) Pay an honorarium to an expert witness hired on systemic racism who was hired by the family to testify at the Inquest, and to pay an honorarium to the private investigator who investigated the shooting for the family.

2) Reimburse the expenses which legal counsel has paid out of their own pocket (disbursements) such as printing, travel and transcript costs.

3) Compensate legal counsel for some of the nearly 300 hours that they will be donating to the McDougall family’s representation.

As a donor, do I get to instruct the lawyer or get confidential information?
No. Your donation does not create any legal relationship between you and the law firm. However, the law firm representing the McDougall family has agreed to provide donors with weekly updates each week the Inquest is sitting in August
Help spread the word! https://www.gofundme.com/2hhtnpg

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"While we are disappointed that after 8 years, the McDougall family will have to wait even longer for answers, Brian McDougall and his family want to ensure that the Inquest is done the right way. The delay is not ideal, but there was no reasonable way to avoid it. We intend to ensure that there are regular check-ins and that the Inquest resumes as soon as possible."

Corey B. Shefman
Barrister & Solicitor

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AUGUST 8, 2016
FOR IMMEDIATE RELEASE

MCDOUGALL FAMILY LOOKING FOR ANSWERS
AS INQUEST BEGINS AFTER 8 YEARS

The Inquest will be the first in Manitoba to consider the role of systemic racism

Winnipeg, Manitoba - Over 8 years after Craig McDougail was shot and killed by a Winnipeg Police officer, the mandatory Inquest concerning his death was scheduled to begin today. Change in a witness statement has forced postponment.
https://www.google.ca/search?q=craig+mcdougall&tbm=nws

The purpose of the inquest is to determine the circumstances of his death and make recommendations about how future deaths in similar circumstances can be avoided. As a result of advocacy in court by the McDougaiI Family, this Inquest will be the first in Manitoba that will explicitly consider the role, if any, which systemic racism played in Craig's death.

Brian McDougali, Craig?s father, will be present both as a witness and an observer throughout the inquest and will be joined over the course of the next three weeks by other members of his family.

According to Brian McDougall;

We've been waiting for eight years. For eight years we haven't had answers. When i
was taken to the ground and put in handcuffs by police, as Craig lay in front of me in the yard, i asked the officer who had his knee on my back if my son was breathing, I didn't get an answer.

This Inquest is our first chance to get answers and I'm looking forward to hearing all of the evidence and the recommendations that the Judge will make at the end. I don't want what happened to our family, to happen to any other family.

When Craig was growing up, our family was close in Wasagamack. Craig enjoyed
spending time with his grandfather on the family trapline and participating in other
traditional customs. Growing up, Craig heard stories about his uncle JJ Harper, who
fought for respect and justice for our people.

My family is grateful that our lawyer, Corey Shefman from Boudreau Law, has
volunteered his time to represent us. We know that most families in our situation won't be so lucky. We hope that in the future, the government will treat families at Inquests more fairly than they treated our family, because we have seen how important it is to have an advocate in the Inquest system."

Despite repeated applications, including a direct appeal to Minister of Justice Heather Stefanson, the family's application for funding to assist with their legal costs in this inquest were unreasonably denied- Lawyer Corey Shefman noted that:

This is one of the clearest possible cases of an inquest which meets the requirements
of Manitoba's funding program for families at inquests.

Twice, we have argued contested motions on behalf of the McDougall family. Twice, the Crown took positions in opposition to the family. And yet Manitoba insists that the family does not need a lawyer and would be adequately represented by Inquest Counsel.

The record of this proceeding shows that the Government of Manitoba's position is
demonstrably incorrect. Manitoba's decision on this issue has compounded the injustice already caused by the 8 year delay in Craig McDougall's death coming before an Inquest. The Manitoba Government's decision on this issue exposes a serious access to justice problem in Manitoba.

Our focus for the next three weeks is ensuring that Brian McDougall and his family are finally given the answers that they deserve about how and why Craig was killed eight years ago. Credit is due to counsel for the Inquest, David Gray, and counsel for the Winnipeg Police Service, Kim Carswell, as well as Associate Chief Judge Krahn, for working together to ensure that the Inquest has proceeded to this point since being called in early 2015 in a relatively timely manner, with great attention to detail.

it has been a privilege for me to work with the McDougall family on this important issue.

Allies of the McDougall Family have set up a GoFundMe campaign to help pay the cost of out-of-pocket expenses, experts and legal fees. The campaign can be found at: https://www.gofundme.com/2hhtnpg

The McDougall Family has indicated that it is diffcult for them to talk about Craig and the events which will be discussed at the Inquest. They ask media to respect their privacy and direct all questions to Corey Shefman, legal counsel for the McDougall Family, who will be available after Court each day of the Inquest, as well as by telephone and email.

204-318-2686 (0)
204-230-3590 (C)
cshefman@boudreaulaw.ca

BACKGROUND
http://www.turtleisland.org/discussion/viewtopic.php?p=18505#p18505