No charges against officers

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This article was published 25/03/2015 (3850 days ago), so information in it may no longer be current.

The Winnipeg Police Service said Tuesday two officers who had contact with Tina Fontaine last summer before she disappeared and was slain will not be charged.

Police said the Crown told them in December it would not be laying charges against the two officers, who encountered the 15-year-old on Aug. 8 when she was a missing person — and did not detain her.

She disappeared shortly after that, and her body, wrapped in plastic, was pulled from the Red River a week later.

Manitoba Justice made the decision not to lay charges three months ago, yet police waited until Monday to make that information public.

Police disclosed Monday one of the two officers is now suspended without pay, while the second officer remains on administrative leave.

Thelma Favel — Tina’s great aunt and the woman who raised her — told The Canadian Press Tuesday, “My baby might still be alive today if they just did their job. They did run her name through the system, because I was told that by the chief investigator that they did run her name through, but they just let her go even though she was intoxicated.”

“They should have just fired them on the spot,” said Favel.

Susan Caribou, whose niece Tanya Nepinak is among Canada’s missing and murdered aboriginal women, said police should inform the public as soon as they have any news.

“They always keep secrets when it comes to the police,” Caribou told the Free Press. “They should be letting people know. Everybody was wondering, what would happen with the officers? If it was someone else, I’m sure they would have charged that person.

“Without pay? That’s nothing,” said Caribou.

“Internal investigation, that’s problematic in itself. Police need to stop policing the police,” said Bernadette Smith, whose sister, Claudette Osborne, is missing. “They get a slap on the wrist, they get suspended without pay for a week — big deal.

“We need to be sending some really strong messages,” Smith said. “If they had detained her, taken her back to her aunt, would she still be alive?”

Police Chief Devon Clunis ordered an internal investigation last year — he wasn’t made aware of the police contact with Tina until Sept. 3.

Clunis assigned the two officers involved — a recruit and a field training officer — to non-operational duties.

“The internal investigation was completed and forwarded to Manitoba Justice Prosecutions to consider criminal charges and charges under the Child and Family Services Act. The Winnipeg Police Service was informed in December the Crown would not proceed with charges under either the Criminal Code or the Child and Family Services Act,” Const. Jason Michalyshen said in a news release issued Tuesday evening.

The Winnipeg police homicide unit has been investigating the killing of Tina since last August, said Michalyshen. “This investigation is ongoing. Numerous people have been interviewed, and a number of forensic tests have been conducted.

“During the course of the investigation, homicide investigators discovered that Tina Fontaine was reported as a missing person on July 31,” Michalyshen said.

“Investigators also discovered that two members of the Winnipeg Police Service had contact with Ms. Fontaine on Aug. 8, approximately 24 hours before her disappearance.”

An aide to Justice Minister James Allum said Tuesday night, “It’s inappropriate for the attorney general to interfere in an investigation or comment on an ongoing case.”

Michalyshen said police are now proceeding internally.

“The Winnipeg Police Service has now commenced disciplinary proceedings against the members involved under the Winnipeg Police Service regulations,” he said.

— with files from The Canadian Press

nick.martin@freepress.mb.ca