A provincial court judge has ruled that the guilty verdict stands for an RCMP officer convicted of obstruction of justice in the case of an Indigenous man who died in police custody in 2017, clearing the way for sentencing.
A statement from the British Columbia Civil Liberties Association says Judge Adrian Brooks dismissed the attempt by RCMP Const. Arthur Dalman to have the proceedings stayed, rejecting Dalman's claim that his Charter rights were breached.
The B.C. Prosecution Service has confirmed the ruling, which communications counsel Damienne Darby says was released on May 29.
Dalman was found guilty last July of obstruction of justice for ordering witnesses to delete video footage taken at the time Dale Culver was arrested in Prince George.
The civil liberties association says officers used pepper spray during the "violent" arrest and Culver died about 30 minutes later after complaining of breathing difficulties.
The Independent Investigations Office of B.C. recommended charges in 2020 after finding reasonable grounds to believe two officers may have committed offences related to the use of force and three others may have obstructed justice.
But the civil liberties association says manslaughter charges against two officers were stayed last year, one obstruction charge was stayed and another officer was acquitted of obstruction, leaving Dalman as the only officer convicted in the case.
The reasons for Brooks' judgment have not been released, and Darby said in a statement on Monday that Dalman's next appearance is on June 19 to set a date for a sentencing hearing.
Culver was from the Gitxsan and Wet'suwet'en Nations. He was 35 years old at the time of his death.
An RCMP release from the time said police had received a report about a man casing vehicles and found a suspect who tried to flee on a bicycle.
The civil liberties association, meanwhile, said after Culver's death that it was aware of reports from eyewitnesses that he "was taken forcibly to the ground by RCMP members immediately after exiting a liquor store, apparently unprovoked."
The group shared a statement from Culver's daughter, Lily Speed-Namox, following the judge's decision to uphold Dalman's conviction this week.
The family has waited "eight long years" for accountability, Speed-Namox says.
"I have somehow managed to remain positive about my feelings that eventually someone would be held accountable.
"Even if it's because Dalman lied under oath to 'protect' his fellow officers. How many people have to die before people realize that the justice system is broken?"
In the earlier decision finding Dalman guilty of obstruction of justice, the same provincial court judge, Adrian Brooks, found the officer deliberately lied and his evidence was "so fraught with illogical missteps … and so contradictory when compared with reliable evidence, that it (was) not worthy of any belief."
Culver's cousin, Debbie Pierre, says in a statement that Brooks' latest decision upholding Dalman's conviction marks a step toward accountability.
"But true justice goes beyond one decision. My vision is for a system where Indigenous lives are protected — not silenced — and where police are trained to de-escalate, not destroy.
"This is not just about Dale; it's about transforming a justice system that continues to fail our people. We will not stop until that change is real."
Picture Courtesy: THE CANADIAN PRESS/Jason Franson
