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Regina man pleads guilty to child abduction

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Regina Court of Queen's Bench and Saskatchewan Court of Appeal in downtown Regina.

Nearly two years after her eight-year-old son was abducted, a Regina mother told the court both she and the boy are still trying to get past it.

“His innocence has been stolen,” she wrote in a victim impact statement filed at Regina Court of Queen’s Bench on Wednesday.

Andrew Harper, 42, had been standing trial this week on a charge of child abduction in relation to the incident from November 2018. There was no allegation before the court that he physically harmed the boy during the hours they were together.

The mother testified earlier in the week and the boy — who cannot be identified because of a court-imposed publication ban — was to take the stand on Wednesday.

Instead, the self-represented Harper opted to plead guilty to the charge. The fact he spared the boy from having to testify factored into the Crown’s agreement with Harper to request a sentence for time already served. Harper had spent close to 10 months on remand, although he was later released. The sentence — which Justice Naheed Bardai agreed to impose — also includes a 12-month probation term and a three-year order limiting Harper’s access to children, including the victim.

Crown prosecutor Nathanial Scipioni told the court the mother had contacted a relative she trusted, asking if he wanted to spend the day with her son. The man said he did and they agreed to meet at a local mall. When the woman arrived with her son, Harper — who was known to her, her relative and her son — was waiting.

Believing Harper was there with her relative, the woman left her son with him. In fact, the relative had become ill so had gone home, leaving Harper alone with the boy.

Scipioni said Harper did not receive permission to take the boy on his own, and was aware of that. Even so, court heard he and an unknown male took the boy shopping, buying him a toy shield and a swimsuit. They then took him swimming.

In the evening, the mother texted her relative to ask how the day with her son had gone. Unbeknownst to her, Harper had the relative’s cellphone and responded as if he was the man, telling the woman the day was going well. He then asked if the boy could stay over that night.

The woman thought the request unusual, so headed to her relative’s. There, she learned her relative was at home and that her son was in fact somewhere with Harper. She called 9-1-1 in a panic — the state in which police witnesses described finding her.

Upon learning the boy had been picked up by a cab at one point, police asked that a notification be put out to all local cabs, asking anyone with information on the boy to call in.

At that time, a local cab driver realized the boy was in his cab. The driver told the court earlier this week he picked the boy up at about midnight, alone outside a hotel. He called police and officers met the cab, then returned the boy to his mother.

Scipioni noted Harper has a previous record, although nothing similar to this offence. The prosecutor argued any offence involving a vulnerable child victim needs to be treated seriously. He pointed out Harper used deceit to enable him to spend the day with the boy and that the event proved a “shocking and scary time” for the mother.

The woman wrote that she’s now afraid to let her son out of her sight and no longer trusts anyone with him.

“No mother should ever feel that level of fear and betrayal and terror of not knowing where her son is and what’s happening to him,” Bardai said.

hpolischuk@postmedia.com

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RCMP organized crime unit seize almost three million cigarettes, 70 pounds of cannabis, $500K

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The RCMP's seizure after a 17-month investigation by the Federal Serious and Organized Crime Unit.

A long-term investigation by the RCMP Federal Serious and Organized Crime Unit (FSOC) has led to eight arrests and the seizure of almost three million illicit cigarettes.

According to an RCMP press release, the investigation started in March 2019. The target was a Saskatchewan-based network selling illicit cannabis products from British Columbia which it exchanged for illicit tobacco products from Quebec.

As part of the investigation the mounties seized 69.3 pounds of cannabis, 5,152 grams of cannabis shatter, $573,735 Canadian currency and 2,856,500 cigarettes.

 A 17-month investigation by the RCMP’s Federal Serious and Organized Crime Unit lead to eight arrests, $573,735 in seized Canadian currency and over 2.8 million illicit cigarettes

The 17-month investigation led to 64 charges spanning Criminal Code Conspiracy offences and Cannabis Act offences. Police say a variety of techniques and tactics were used over the course of the investigation and that over 50 businesses, homes and vehicles were searched for evidence.

All nine accused — eight arrested and one served with a summons — are set to appear in Regina Provincial Court on Sept. 10.

The investigation relied on federal, provincial and municipal RCMP resources and agencies in British Columbia, Quebec and Saskatchewan.

 A 17-month investigation by the RCMP’s Federal Serious and Organized Crime Unit lead to eight arrests, $573,735 in seized Canadian currency and over 2.8 million illicit cigarettes

Victim services workers offer support in a dark place

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Stephanie O'Soup, coordinator for the Victim Services Unit of the Regina Police Service, sits in front of police headquarters in Regina, Saskatchewan on August 17, 2020.

Donna Blondeau had held a number of roles in the justice and policing field when, in 1994, a friend showed her a job posting with the Moose Jaw Police Service.

The job was to set up and operate the police service’s first victim services unit.

“I’m not going to tell a story,” she says. “I was kind of scared when I came into this. I was (thinking), how on earth am I going to do this?”

She was hired in May that year as co-ordinator of the new unit. By October, she was to have the program up and running.

With just a desk and a phone, along with some advice and information from existing Canadian victim services units — including ones in Regina and Saskatoon — Blondeau managed the task.

She’d intended to work at the job for a couple of years, then move on, maybe go back and complete her Masters degree.

“But 26 years later, I’m still here,” she says.

Victim services jobs aren’t for everyone, and they can be very tough on the people who do them. It takes a certain kind of person to do the work, to act as a listening ear or provide necessary information to people at what can often be the worst time in their lives.

 Donna Blondeau, Victim Services co-ordinator with the Moose Jaw Police Service, and her canine partner Police Service Dog Kane.

Blondeau now has a quarter-time administrative assistant and seven active volunteers, although COVID-19 has impacted their ability to work in some cases.

“I can’t imagine this program being run without volunteers,” she says.

While some are interested in policing as a career — and some volunteers have, in fact, gone on to police work — many are not. All are there to be of help to fellow Moose Jaw residents.

“Some of the people are people that have gone through a situation where they themselves have been a victim and they want to give back to a service that may have assisted them,” Blondeau says. “I also find volunteers, people that are retired from possibly helping or a service in the community, whether that be teaching, nursing, what have you.”

Some are stay-at-home moms or people who have some spare time to give.

In all cases, victim services volunteers need to be able to listen without judging or criticizing and capable of offering support — both emotional, if needed, and practical, such as through referrals to community supports.

Regina Police Service victim services co-ordinator Stephanie O’Soup says her unit employs six paid staff, including an administrative assistant, and 14 active volunteers. Four more were being trained when the pandemic hit and haven’t yet been able to complete office training.

O’Soup says some of the paid workers specialize. One works with child victims at the Regina Children’s Justice Centre. Another deals with missing persons files. Another specializes in helping Indigenous victims of crime. Each, though, is capable of lending a hand to colleagues — which is helpful as the caseload is huge.

Just last year, Regina’s unit opened more than 1,000 files.

“And that was a decrease actually from the year prior,” says O’Soup, although she adds that was in part because of an increasing amount of files involving serious violence which can require additional work. “We’re noticing that our files are getting more extreme.”

Caseloads vary based on experience, with some volunteers averaging 10 files. O’Soup herself carries 80 while others in her office have as many as 130. O’Soup points out not all require attention at the same time. For instance, one role victim services workers often play is attending court either for or with victims of crime. Given court dates are usually staggered between cases, they are able to get there and provide the needed support.

Some cases need more work than others. Just as people vary in personality and background, so too do they vary in how much help they need from victim services — or if they need help at all. For some, they wave off the offer immediately, O’Soup says. Others might require no more than a periodic call. But some, such as those who have no family nearby, might need more support.

“Sometimes they don’t have family here, and they just need that person,” she says. “We’re a neutral party.”

 Stephanie O’Soup, co-ordinator for the Victim Services Unit of the Regina Police Service.

Sometimes, the workers themselves need support. As awareness about occupational stress injuries grows, victim services workers know they’re not immune.

“It’s physical and mental,” O’Soup  says of the impact the job can have, given the intensity of the emotion to which they’re so often exposed. “It’s cumulative stress. You know, 20 years ago, I thought I could do this forever. What happens, I think, is that passion is still there to help people but I think you get (so) you’re just not surprised anymore at what’s happening in the community … the level of violence that’s out there.”

She says the RPS has a good employee assistance program and adds that her unit engages in regular debriefings and check-ins to cope with the toll the job can take.

Blondeau says the MJPS also looks after its workers through an employee assistance program and other ways similar to the RPS. Blondeau herself has one such method at her fingertips: a canine partner named Kane. Blondeau is the facility dog’s handler, and she says he comes in handy for both sensing and relieving stress.

Kane is frequently made available to those impacted by crime, helping to calm and relax them while they’re speaking with police.

“He just has that effect on people,” Blondeau says. “He doesn’t say a word, but if you listen, he says a lot.”

 Donna Blondeau, Victim Services coordinator with the Moose Jaw Police Service, and her canine partner Police Service Dog Kane.

Not only is he well known in the community, he’s a staple around the police station, and Blondeau has seen everyone from small children to veteran police officers finding relief from stress and trauma through spending a few minutes with Kane.

“Our volunteers, they absolutely love him,” she says. “They look forward to him being here. We talked about the de-stressing debriefing, and I think he certainly can offer that to people — and he does that all the time with our uniformed officers, with our civilian staff, with our volunteers …

“And I’m not going to lie. He’s here for me too.”

O’Soup says the job victim services workers do is beneficial to more than victims and victims’ families. It also helps the police. Having a worker capable of acting as liaison means the victim can stay updated on the case and the investigator has the extra time to keep working on it.

And there’s a more personal side as well. Something an officer once told Blondeau has stuck with her.

“He said, ‘The hardest part for the police is to have to leave that person because they have other calls backing up,’ ” she says.

Blondeau notes in pre-victim services days, officers would struggle with the fact they had to leave a person, sometimes after something as gut-wrenching as informing them of a loved one’s death. The officer told her that thanks to victim services workers, he no longer feels that stress.

“(He) said to me, ‘We know now that you guys are there, so when that other call comes in and we’re finished what we need to do, we feel confident that person is going to be looked after until family members arrive or clergy or neighbours or children,’ ” Blondeau says.

hpolischuk@postmedia.com

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Sask. ICE Unit investigation leads to arrest of Australian man

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RCMP Staff Sgt. Scott Lambie stands at the door of the Saskatchewan Internet Child Exploitation unit's office.

Parents of a Regina teen and the province’s Internet Child Exploitation Unit paved the way for the arrest of a man in Australia who is believed to have targeted numerous other kids.

“This is an incredible achievement from our unit here in Saskatchewan,” said Staff Sgt. Scott Lambie with the Saskatchewan ICE Unit on Tuesday. “Being able to get such great success overseas by using what we did in our investigation to support their investigation makes us feel really good about getting so many kids saved worldwide.”

In a news release issued on Tuesday, the ICE Unit revealed an Australian man — identified as 26-year-old Joshua Nicholas Baird — was arrested by Australian authorities and charged with 117 offences. He has since pleaded guilty in an Australian court to 56 of those charges. Sentencing has been set for December.

Saskatchewan’s ICE Unit said Baird wasn’t known to Australian authorities prior to these offences coming to light. He’s accused of grooming and luring young females online, and is said to have targeted a 14-year-old Regina girl.

On Oct. 3, 2019, the girl’s parents came to the ICE Unit, reporting their daughter was being lured online and that the offender was using two social media applications to try to goad her into sexual touching.

The investigation revealed the suspect was a male youth care worker based in Australia. Through Interpol, the ICE Unit was able to contact its counterparts in Australia — the Australian Federal Police Joint Anti Child Exploitation Team — to further the investigation.

Lambie said the Saskatchewan ICE Unit’s portion of the investigation completed in February or March, by which time Australian police were running with it. Australian authorities used Saskatchewan-gathered intel to obtain a search warrant and seize various devices from the suspect. Lambie said analysis of those devices revealed more than 30 victims, and said it’s likely closer to 50 or more will be identified by the time the investigation is complete.

Saskatchewan police don’t yet know the locations of the other child victims.

Lambie said the unit is proud of its work, which reveals in a concrete way how police around the world are combatting offences against children, often by working together.

“It just shows you how small the world is and how somebody in Australia can target children anywhere in the world, even here in Regina,” he said. “The world is so tiny now with the internet … It’s only with this great co-operation to target these offenders and save these kids can this whole system work. This is just incredible, everybody worldwide looking to do the same thing.”

Lambie added that while police and policing partners are necessary in protecting children and stopping predators, parents and guardians have a crucial role to play as well. But for the parents in this case paying attention to their child’s online activities and bringing their concerns to the police, the investigation wouldn’t have started in the first place.

“It has to be the parents really bringing this to the police so we can actually work these files,” Lambie said. “This one was a terrific success, the investigation we did here in Regina.”

hpolischuk@postmedia.com

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Appeal hearing to proceed for men convicted in Reno Lee murder

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The three men convicted in the 2015 murder of Reno Lee. From left, Andrew Michael Bellegarde, Bronson Chad Gordon and Daniel Theodore.

A wish to attend court in person is not sufficient to adjourn an appeal in the case of three men convicted of murdering Reno Lee, the province’s highest court has decided.

The appeal of Daniel Theodore, Andrew Bellegarde and Bronson Gordon is scheduled to take place over two days next week.

Theodore had requested an adjournment to a future date, “when the current COVID-19 concerns have abated so that he can attend the hearing in person,” according to a recent decision from the Saskatchewan Court of Appeal.

Gordon advised he prefers to attend court remotely because of concerns caused by the pandemic. Bellegarde had also hoped to attend in person, but didn’t join Theodore in requesting an adjournment.

 Reno Lee (Submitted photo)

Ordinarily, offenders appealing their matters are entitled to be personally present in court, save for certain exceptions. The court noted personal attendance is not, however, “an absolute right.” As such, the court denied Theodore’s request for an adjournment and ordered he attend, like the others, via videoconference.

In denying the request, the court noted the videoconferencing platform it has been using to hear appeals “works very effectively.”

“It permits the Court and all parties to engage in simultaneous visual and oral communication,” the unanimous decision read. “Furthermore, given that two days have been set for the hearing of these appeals, we observe that the proceedings can unfold at a pace that will permit breaks at regular intervals to allow for consultations, as necessary, between the appellants and their counsel, and among counsel.”

The court found hearing the appeals by video won’t negatively impact anyone.

“We are satisfied that the fairness of the process will not be compromised by hearing the appeals in this fashion and that, given the health and safety risks of the COVID-19 pandemic, it is appropriate to proceed in this way,” read the decision, signed by Justices Robert Leurer, Jerome Tholl and Jeff Kalmakoff.

Bellegarde, Gordon and Theodore were each found guilty of first-degree murder following trial and subsequently appealed their convictions and life sentences. Court heard 34-year-old Lee was confined upon visiting Gordon’s Regina apartment on April 16, 2015. He was taken to a Garnet Street house where, sometime during the night, he was fatally shot. Court heard he was then dismembered by Theodore and Bellegarde, who were further convicted of offering an indignity to human remains.

Lee was found later that month, buried in a shallow grave on the edge of the Star Blanket First Nation.

hpolischuk@postmedia.com

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Two to stand trial for offences related to violent crime spree

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Members of the Regina Police Service and the RCMP during the search for suspects in a series of shooting incidents in May 2019.

Two men accused of participating in a violent crime spree in May 2019 will stand trial on their charges.

A preliminary hearing wrapped up earlier this month for Jamie Ray William Munroe (also previously identified as Jamie Rae Munroe) and Donnelly Edward Nanaquatung (also previously identified as Donnely and Donelly Nanaquewetung) on numerous charges, including a range of attempted murder allegations.

Munroe faces an additional charge of first-degree murder in relation to the death of 21-year-old Isaiah Terrel Akachuk, but that charge has already been sent to Regina Court of Queen’s Bench via direct indictment, meaning a preliminary hearing will not be held.

Trial dates have not yet been set.

 Isaiah Terrel Akachuk

Preliminary hearings are held to determine whether there is sufficient evidence to send a matter to trial. As is typical, a court-imposed publication ban means details of evidence heard at the preliminary hearing can’t be reported.

In total, Munroe and Nanaquatung are co-accused on 11 counts: five of attempted murder (all shootings), three of pointing a firearm, and one each of robbery, assault with a weapon and disguise with intent. Nanaquatung faces an additional attempted murder charge, alleging he struck a man with a vehicle. Munroe has eight further charges: two shooting-related attempted murders, three robberies, two assaults with a weapon and one assault causing bodily harm.

Following the hearing, committals to stand trial were ordered on all but one on Munroe’s robbery charges.

Akachuk’s death and the range of other alleged offences all occurred within just a few days, between May 17 and 22, 2019. The incidents culminated in an intense manhunt by police, one that came to include vehicle thefts and chases and ended in arrests within days of the incidents.

Several others also face charges in connection with the alleged offences.

hpolischuk@postmedia.com

twitter.com/LPHeatherP

Parole jumper found in rideshare car with loaded gun

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Regina Provincial Court.

A driver for Regina Rides got more than they bargained for when a passenger turned out to be a parole jumper with a loaded gun.

Earlier this week, Marc Anthony Lerat pleaded guilty at Regina Provincial Court to several offences, including possession of a loaded firearm, possession of a firearm contrary to a prohibition order, possession of methamphetamine and failing to appear.

Judge Marylynne Beaton said the 33-month consecutive sentence jointly requested by Crown and defence counsel was likely on the lower end, given she has seen terms in the four- to six-year range for similar offences. Even so, she agreed to impose the sentence, which kicks in only once Lerat completes his current sentence for unrelated violent offences.

Back in 2016, Lerat was arrested for a range of serious violent offences and eventually pleaded guilty to aggravated assault, assault causing bodily harm and assault with a weapon. He was handed a five-year sentence — along with a lifetime firearms ban — and was eventually released with conditions, including meeting with his parole officer.

On Oct. 15, 2019, he was to attend a meeting with his parole officer to discuss a positive drug test. He didn’t show, nor did he attempt to re-establish contact with Correctional Service Canada.

For more than two months, he remained on the lam, until a Regina Police Service officer recognized him as a backseat passenger in a car being driven by a Regina Rides driver. Regina Rides is a Facebook group which acts similar to Uber, pairing drivers with passengers.

Police had stopped the vehicle for a traffic-related reason, and at that point realized Lerat was inside.

“And so the random traffic stop turned into something that was much more,” Crown prosecutor Chris White told the court.

Lerat tried to get out and walk away, in the process dropping a camouflage backpack. Police arrested him, then searched the backpack, which was found to contain a .22-calibre rifle with one round in the chamber. Police also found a box containing what appeared to be 55 live rounds of .22 ammunition.

While being booked into the Regina jail, officers there found a baggie containing a gram of crystal meth.

Defence lawyer Adam Fritzler said his client struggles with meth and alcohol, both his parents having attended residential school and coming away with addictions of their own. Lerat has faced additional tragedy, his girlfriend Keesha Bitternose becoming the victim of a homicide on Jan. 5 this year.

hpolischuk@postmedia.com

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The Real CSI: Forensics not actually like you see on TV, Sask. investigators say

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Cpl. Keith Malcolm of the Regina Police Service Forensic Identification Unit, stands in the force's forensics lab at police headquarters  in Regina, Saskatchewan on August 6, 2020.

Cpl. Keith Malcolm smiles knowingly when the term “CSI effect” is mentioned.

“You’ve struck a chord because I talk about the CSI effect all the time when I train police recruits,” says Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section. “The dangerous part of the CSI effect is that it affects everybody, and that includes people who sit on juries and lawyers and judges and people who should otherwise know better.”

The expression came into being a number of years ago when those working in policing and the justice system began noticing jurors expected forensic evidence to mirror what they saw on shows like CSI. Despite some significant advancements in forensic evidence collection and testing, rarely does physical evidence provide as seamless and conclusive a result as people might expect after an hour of TV.

It’s a concern for Sgt. Jon Kachur, manager of North Battleford RCMP’s Forensic Identification Section. He notes some shows present forensic investigators as catchall members: They collect and examine evidence, they interview suspects, they even occasionally strap on Kevlar vests and join the SWAT team — and they do it all within an hour, less commercials.

“It puts a lot of pressure on us, and it’s because it creates that false sense of reality,” says Kachur. “As a forensic ident officer, our sole job is processing that crime scene.”

Kachur and Malcolm note the work they and their teams do is part of a larger whole. They can, and often do, play a key role in piecing together a case, but so do non-FIS members. Evidence like DNA means little on its own.

“DNA is circumstantial evidence,” Malcolm points out. “It can be very, very powerful, but it can also be remarkably not all that useful.”

He provides the example of a cigarette butt found in a stolen car which, when tested, turns up a DNA profile matching to an identified individual.

“You haven’t proven anything, actually,” Malcolm says. “It could reasonably be said that that cigarette was being smoked by that person. Doesn’t mean they stole the car. Doesn’t even necessarily prove that they were in the car.”

Even in sexual assault cases, all DNA might prove is that sex occurred. When a case goes to court, a judge will need to be shown, beyond a reasonable doubt, the complainant didn’t consent.

“It’s a piece of the puzzle, DNA is,” Malcolm says. “Nothing is solved purely on DNA or any other aspect of forensic evidence, physical evidence. There’s a whole bunch of parts that go into a file. And this is just one of them.”

There’s also the problem of time. Television suggests DNA results can be made available within a matter of hours or overnight. For Canadian officers — and many police agencies outside Canada — that’s just not possible.

Kachur says a high-profile homicide case might yield results within a few weeks to a month.

“A simple break and enter at somebody’s residence where a culprit cut their finger going through a broken window, the turnaround time sometimes can be in excess of six months to a year, depending on the backlog of case files,” he says.

 North Battleford RCMP Forensic Identification Section manager Jon Kachur. (submitted photo)

Kachur notes RCMP labs handle evidence from across the country, not just from RCMP investigators but from municipal and other police agencies as well.

“The public has a perception that because we obtain a blood swab at the scene that we go back to the office and put it into a magical box and we get a DNA profile like you see on TV, and that just is not the reality of it,” he says.

Malcolm points out the role of physical evidence is most often to corroborate or disprove other evidence. In the case of the stolen car, if a suspect says he was nowhere near it but his blood or fingerprints are located inside the vehicle, it’s highly likely he’s lying.

Nor do FIS officers simply turn up on a scene, automatically spot and seize the evidence they need and breeze out.

“We spend hours and hours and hours on our hands and knees in really disgusting places, picking up stuff, carefully taking our notes, carefully describing it and carefully photographing it and packaging it and bringing it lovingly into the police station,” Malcolm says. “And probably a solid 75 per cent of it is nothing. It’s not important to the case, it doesn’t go to the lab, it never ends up as evidence.”

Malcolm says he and officers he works with bear in mind the court process that will be coming at the end of their investigations, ensuring their documentation and reports are highly detailed.

“We do everything in the back of our mind imagining being in the courtroom on a witness stand two years down the road, explaining what I did, why I did it and why the court should believe or have faith in what I’m saying,” he says. “And you always have to be thinking that far ahead … We’re doing this so that we can bring our evidence into court and have it be useful.”

Part 1 of a three-part series

Related

hpolischuk@postmedia.com

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The Real CSI: Forensic advancements helping police piece together crime scene puzzles

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North Battleford RCMP Forensic Identification Section manager Jon Kachur. (submitted photo)

For Sgt. Jon Kachur, manager of North Battleford RCMP’s Forensic Identification Section, a crime scene is like a massive jigsaw puzzle.

“You’ve got pieces everywhere, and lots of times you don’t really make sense of it, but the longer you stay in that crime scene, the more time you have to look around and to gather the information, the pieces slowly start to fit together,” he says. “Some crime scenes, you complete the puzzle and you have a very good idea as to what happened. There’s other crime scenes where you may never know exactly what happened but you have three-quarters of the puzzle complete and you have a general idea of what the picture looks like.”

Forensic Identification Section (FIS) investigators are called in after a crime has occurred. Their role is to locate, collect and analyze evidence found at a scene or on individuals who were present. Kachur says crime scenes don’t always give up their secrets — not simply through fingerprints, DNA or blood spatter analysis anyway. Additional information is required, such as witness interviews or surveillance footage, to really show the step by step of what happened.

That said, the world of forensics has advanced incredibly — certainly from a hundred years ago, but also within the past few decades or even years.

“For the most part, the technologies have helped us put those pieces of the puzzle (together) and have added much more clarity to the end result that we get and can provide for the court,” says Kachur. “Ultimately, we’re collecting this evidence for court down the road, so through aerial photographs, regular photographs, video of a crime scene and the evidence that we can collect, we can oftentimes provide a fairly accurate depiction of the scene and events that transpired there.”

The changing face of forensic technology

DNA has likely been the biggest change within the past few decades, both as a tool for crime-solving and a respected piece of evidence that can help solidify a case for judges and juries.

Technology in the areas of DNA extraction and analysis has seen incredible improvements over the years, so much so that labs can now take DNA from surfaces they once couldn’t and can examine it at the mitochondrial level.

 Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section, demonstrates how officers swab for DNA on a knife. HEATHER POLISCHUK/Regina Leader-Post

Kachur points out a fingerprint is no longer just a fingerprint. At one time, if police couldn’t find enough ridge detail to conduct a fingerprint search, there was no real way to identify a suspect through that print. Now labs are able to successfully draw DNA from the skin cells left behind when a suspect touches something — known as contact DNA.

But DNA isn’t alone in seeing significant change.

From the moment FIS members first arrive on the scene, they take advantage of improvements to technology. Cameras are a big one. Kachur recalls a time when members used film cameras with no way to see, pre-development, how the photos would come out. Digital cameras and video changed things, allowing them to not only make sure they were getting the best shots possible for investigative and court purposes but to document crime scenes in a whole new way.

“When you’re photographing a small image like a fingerprint, you want to make sure that fingerprint is in sharp focus because if it’s not, you’re going to have issues with your comparison later on,” Kachur says.

Fingerprint technology has changed, allowing FIS teams to develop prints on paper even more than a century old. New technology is also making it possible for the first time to retrieve fingerprints from spent shell casings — once thought impossible due to the heat generated during firearm discharge.

“They’re having quite a bit of luck with that now so the RCMP out in Ottawa, they’re looking at purchasing one of these devices …,” Kachur says. “Things are always changing and evolving and the new technology out there definitely keeps our job interesting.”

Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s FIS, says live scans are now used for fingerprints, providing an inkless and sharper option for taking prints. Police also use a type of scanner called a FARO to document crime scenes — which includes detailed 3D images as well as measurements to the half-millimetre — instead of wielding a basic camcorder.

“I think where that’s really going to be useful is recording scenes for future, for cold cases especially, or outdoor scenes because landscapes change,” Malcolm says.

 Cpl. Keith Malcolm of the Regina Police Service Forensic Identification Unit, stands in the force’s forensics lab at police headquarters in Regina.

He says Regina’s FIS members have been asked to go to other Saskatchewan cities with the FARO to document homicide scenes for their counterparts there.

Kachur says FIS members also make use of unmanned aerial vehicle (UAV) technology to provide a bird’s eye view of scenes.

“There’s lots of evidence that can be captured from that such as tire marks and stuff like that,” Kachur says, adding that pre-UAV/drone, they’d have to book the RCMP aircraft to get those types of pictures—something that often took weeks.

“Sometimes things would change, so you’re not actually capturing the crime scene how you found it,” Kachur says. “It could be a month later and by then, the snow’s melted and you see grass. So we carry (the UAV) now to all crime scenes and it’s just a matter of sending it up in the air and we can capture the images that we need.”

 Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section, demonstrates use of a forensic light source in locating fingerprints on a laptop. HEATHER POLISCHUK/Regina Leader-Post

Forensic light sources are another tool used to help investigators see things they might otherwise miss. Once not easily portable, they’re now sized like a large flashlight. And Kachur says they recently purchased a laser to see even more at scenes.

“What that does is you can actually see through walls that have been freshly painted and you can see what’s underneath them,” he says of the laser, noting this is useful for incidents such as those in which someone has tried to conceal blood. “A lot of evidence can be located and recovered using this technique, which has proven very successful in a lot of the crime scenes that we’ve attended to.”

Police can also spray a type of chemical which reacts with blood or when clean-up at a crime scene has been attempted.

Malcolm points out, though, that even the best tools are meaningless in the wrong hands.

“It all means nothing unless you’re making good observations and you’re making excellent notes and you’re being very thorough,” he says.

The down — and way down — side

Not all change is good. Dr. Ernie Walker — a noted professor, archaeologist and forensic anthropologist often called upon to help police in investigations — has observed that dental identification of human remains comes with its own set of challenges.

Sometimes families don’t know what dentist their loved one used — if their loved one visited a dentist at all. Sometimes the dentist is no longer in practice and can’t be located. And sometimes, the records don’t contain enough information.

“The Saskatchewan Dental Association works with the Coroners Service and they put out electronically a call to all of their members: ‘Do you have dental records for this individual?’ … And that’s only been in the last number of years. That’s helped a lot,” Walker says.

 (L-R) Cst., Mark Ryttersgaard, Cst., Melissa Bannister and Dr. Ernie Walker, a forensic archaeologist from the U of S at Sakimay First Nation, Sask. on August 9, 2013 during a search for human remains.

Dental records for use in identification involve more than just X-rays. Walker also relies on clinical notation (such as documenting various procedures) and charts.

“Do we get all three all the time? Rarely,” he says. “Yes, this is a problem.”

He adds it is common for old files to be thrown out when a dentist retires or his or her business is sold.

“So we don’t have dental records going back very far,” he says.

Unfortunately, some dentists also don’t record as well as they should, he says.

Walker notes dental records are now attached to the national missing persons database, giving investigators something to reference when remains are found.

He has also seen changing technology find a way into the search for and recovery of human remains.

“I use ground-penetrating radar, for instance …  (and) there are all kinds of laser technology and thermal imaging and things like this,” he says, adding that Saskatchewan RCMP has actually led the way in this area. “Back in the day, it wasn’t anywhere near that, so just the expertise and the way that scenes are managed is vastly different.”

In terms of DNA, Walker says advancements have enabled him to study the molars of bison archaeological specimens and determine geographic location and even what a particular animal ate.

“Right now, the question is: could you do that with humans,” he says. “It’s in its infancy, but it’s on the horizon.”

Walker says many advancements in forensics started out as something else.

“I think a lot of these new techniques are being developed in other areas for other things and then they just get adopted by people who are working in forensics,” he says.

Part 2 of a three-part series

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Regina police seeing rash of Bitcoin scams

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Sergeants Kelley Berting and Bryant Westerman with the Regina Police Service's Commercial Crimes Section with a poster warning the public about bitcoin scams currently impacting people in Regina. HEATHER POLISCHUK/Regina Leader-Post

Not just on the lookout for new people to scam, fraudsters are also constantly searching for new ways to steal others’ money.

Bitcoin-related scams have been around for a while, but police in Regina have seen a significant jump in these offences within the past year.

As with other frauds, the best offence is in defence, so police are asking the public to stay alert to avoid being victimized.

Partners in the Regina Police Service’s Commercial Crimes Section, Sgt. Kelley Berting and Sgt. Bryant Westerman have had their hands full with cases involving people defrauded — often of significant amounts of money — through Bitcoin scams. While Commercial Crimes has only recently begun to specifically track Bitcoin fraud, Berting says her experience is that the numbers have been quite significant.

“In a general sense, I would say we get at least probably five reports a week,” she said. “And that could be from $500 up to $60,000. So huge amounts of money.”

And those are just the people who are reporting scams involving the cryptocurrency. As with any fraud, there are many more out there who don’t come forward.

“We know that fraud is grossly underreported,” Berting said. “A lot of people don’t want to talk about fraud once it’s happened because they’re embarrassed or they feel guilty.”

Berting and Westerman pointed out no one should feel guilty or embarrassed for being victimized. Those carrying out scams like this are often professional con artists who are very good at what they do.

Unfortunately, they are also very good at doing it on an international scale. Because of that, and because of the very nature of Bitcoin, it’s currently next to impossible to get your money back once you’ve sent it away.

Which is why the Commercial Crimes Section is doing what it can to push as much information out to the public as possible, in the hopes people will recognize the warning signs before falling victim.

 Regina Police Service poster warning the public about bitcoin scams currently impacting people in Regina. HEATHER POLISCHUK/Regina Leader-Post

While scams change with the times, police in Regina are currently seeing a couple in particular connected with Bitcoin: Con artists pretending to be police or a government entity, such as the Canada Revenue Agency. Fraudsters use an app to mask where they’re calling from and can even duplicate existing numbers — including the RPS’s main line.

“They’ll identify themselves as being a police officer, they’ll give a fake name and badge number, which is more convincing to the person who’s receiving the call,” said Berting. “As soon as people hear ‘police’ and ‘there’s a warrant for your arrest,’ they get panicked.”

Sometimes, scammers will also have a few pieces of personal information about their victims, making themselves seem more legitimate. With threats of arrest or other ramifications, would-be victims aren’t always in a state to think critically about the fact they’re being asked to pay their taxes or fees at a Bitcoin machine.

Often, by the time people realize what’s happened, it’s too late. While credit cards or cheques have safeguards in place to counter fraudulent purchases, not so for Bitcoin. Once the money’s gone, it’s gone, Berting and Westerman said.

“Now that it’s gone to this cryptocurrency, it’s just made it that much harder for us to assist anyone who becomes a victim of fraud,” Berting said.

The unit has produced posters which they’ve placed at Bitcoin machine locations around the city. Commercial Crimes has also tried reaching out to Bitcoin companies in the hopes they will impose security measures, such as a temporary hold on funds similar to cheques.

Police ask people to bear in mind that government agencies will never ask for payment in Bitcoin and police never call to solicit money. Nor will legitimate agencies request payment in prepaid credit cards, gift cards, wire transfers or direct deposit to personal accounts.

Anyone contacted by someone demanding money and claiming to be from a legitimate agency should hang up, then look up the proper number for that agency and call to confirm. If you believe you’ve been the victim of fraud, call the RPS at 306-777-6500 or your local police agency.

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The Real CSI: Occupational stress injury a reality for investigators

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Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service's Forensic Identification Section, demonstrates use of a forensic light source in locating fingerprints on a firearm. HEATHER POLISCHUK/Regina Leader-Post

After a crime has been committed, it’s up to forensic investigators to come in and search for evidence.

That means one thing for a simple break and enter. It’s another thing altogether when it’s a homicide.

“It’s difficult work and it comes at a cost …,” says Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section (FIS). “Not everybody cares to do this work. Not everybody’s cut out for it.”

While he notes that goes for all sections, FIS members undoubtedly see much of the worst. They’re required to not only be inside what are often gruesome scenes, but they have to get up close and personal with it. And they’re not only required to search — in often minute detail — for important evidence, they’re having to do so in a hands-on way.

“We spend a lot of time in bloody, smelly, awful stuff, right there, taking pictures of stuff that nobody should ever want to see,” Malcolm says.

If the sensory and visceral elements of the job weren’t enough, members also have to bear in mind the very real costs to investigations if they aren’t spot on in their work.

“You’re dealing with terrible people in terrible circumstance and you have a terrible amount of responsibility with terrible consequences if you screw it up,” says Malcolm. “So those four things combined can make for really long days and nights.”

 A Regina police forensics officer gathers evidence from the scene of a triple homicide in Regina in August 2010. This year marked the 10th anniversary of the yet unsolved murder of Gray Nay Htoo, 28-year-old Maw Maw and three-year-old Seven June Htoo.

On the job, members work to develop coping mechanisms, such as what Malcolm — a seven-year FIS member — terms “a certain amount of clinical detachment.”

Even so, occupational stress injury (OSI), including PTSD, is a real possibility for FIS members, something the Regina Police Service has taken into consideration by requiring members of various units — including FIS — to attend annual psychological assessments.

There are other supports in place as well. Malcolm notes FIS does critical incident stress debriefing and has access to counselling, among other avenues, and he considers the RPS support structure to be “fairly robust.”

“There’s lots of supports out there,” he says. “There’s been leaps and bounds, even in the last 10 years, huge. And it’s just a simple acknowledgment that it’s hard work and it costs you. You can be profoundly affected and that’s normal. You can be not affected and that’s normal. You can appear to be not affected and then end up being affected some time down the road and that’s normal too.”

The current views on OSIs didn’t always exist. Malcolm recalls when he started in policing, the psychological impacts of the job were treated very much with a suck-it-up attitude. That’s no longer the case with the RPS.

He adds while some police services allow FIS members to stay in those positions their entire career, that’s not the case in Regina.

“By and large, our members are rotated out five, six, seven years, and most of the time, people are ready to be done and to do something different, stretch some different muscles, see some different stuff,” Malcolm says.

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The Real CSI: DNA databank, now 20, crucial for Sask. police

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Cpl. Keith Malcolm of the Regina Police Service Forensic Identification Unit, stands in the force's forensics lab at police headquarters in Regina, Saskatchewan on August 6, 2020.

Twenty years ago, a piece of legislation launched Canada’s DNA databank. Since then, the databank has come to play a huge role in crime-solving, not just by helping investigators link suspects to offences, but sometimes by connecting dots they didn’t even see.

Two decades of DNA

In June 2000, the DNA Identification Act became official, bringing into creation the national DNA databank. The same legislation provided a mechanism for judges to order the taking of DNA samples from offenders convicted of various offences, including for violence.

Many sentencings in Saskatchewan now include use of the provision — contributing to a system that allows for solving both new and old crimes.

Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section, says the database has become a routine fixture in the life of his unit.

“Our bread and butter is actually attempting to solve more or less routine crimes through DNA analysis and the national DNA database,” he says.

 Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section, demonstrates use of a forensic light source in locating fingerprints on a firearm.

There are essentially two parts to it. The first is the databank’s convicted offenders index, where DNA samples go after being ordered taken following sentencing. The second part is the crime scene index, where samples taken from unsolved crimes are stored.

“Those are kept around until they’re identified,” Malcolm says of the latter index. “Some of them will never be.”

When a sample is taken from an offender and placed into the database, it’s automatically run against samples in the crime scene index. Sometimes, there’s a hit and police will suddenly be able to put a face to a previously unknown suspect in an unsolved crime.

The DNA databank can come in handy even without providing a match to a suspect. Malcolm says there are times DNA from a piece of evidence is connected through database analysis to other crimes. If an unknown offender has, for example, left behind DNA at a range of bank robberies across the Prairie provinces, the database allows police to connect the dots. It can then be a matter of one police agency contacting their law enforcement counterparts in other centres and comparing notes.

“That can take your investigation in a different direction,” Malcolm says.

Sometimes, when agencies join forces, they can then obtain enough information to complete the puzzle.

Sgt. Jon Kachur, manager of North Battleford RCMP’s Forensic Identification Section, says use of the databank by police probably happens “more often than a person thinks.”

He says the ideal is to try to connect a suspect to a crime scene through fingerprint evidence — it’s cheaper and simpler since police services typically run their own testing in-house. But he added it’s not uncommon, in cases where blood swabs are sent in for testing, to get a positive search result in the database.

Like Malcolm, he’s seen older cases solved simply by the addition of a new DNA sample following an offender’s sentencing.

“It’s funny how one person will send in a sample and then all of a sudden, you’ll get five notifications on existing files where that sample was present on all these different occurrences,” Kachur says. “So there is a lot of the linking of crime scenes as well which helps investigators maybe bring bring closure to multiple investigations based on one court order for a DNA sample. So it’s definitely a very valuable tool for the RCMP to have.”

 North Battleford RCMP Forensic Identification Section manager Jon Kachur. (submitted photo)

The limits of DNA

Forensic investigation in general has come a long way since Dr. Ernie Walker started doing work for police services 40 years ago.

In his time, he’s seen DNA come to the forefront as a key feature in both crime-solving and identification of human remains.

“The technology has changed so much,” Walker says.

Despite the confidence many place in the role of DNA in investigating crime, Walker notes there remain complications.

“You can get DNA out of soft tissue if it’s in good shape,” he says. “Remember, most of the things that I’m dealing with are not in good shape. They’re fragmented, they’ve been in water, they’re burned, what have you. So I like to look at teeth.”

In particular, the molars. He says the pulp cavity is hollow, providing a place from which to extract DNA. He can also get DNA from bone and even some degraded tissue or possibly blood.

“DNA, the problem is can you get it?” he says. “Most of the time we can if it’s not too degraded. But it is expensive. And … gee whiz, it takes a long time to get results back, sometimes even months.”

 Archaeologist Ernie Walker, who has done extensive work uncovering artifacts at Wanuskewin and who works with law enforcement to help identify human remains, also lectures at the University of Saskatchewan.

Ordinarily, Saskatchewan police send seized evidence to the national RCMP lab for DNA testing. Given the fact the national lab takes in evidence from all across the country — and from both RCMP and non-RCMP services — it’s always swamped. A major case, such as a high-profile homicide, might see DNA results within the month. Less serious cases, such as break and enters, might not see results for several months or even as long as a year.

Malcolm says investigators need to be selective about what they send. A crime scene might be full of objects that would yield DNA — liquor bottles, cigarette butts or food containers, for example — but they can’t, and shouldn’t, send it all.

“Yeah, I can seize all those things and theoretically I could send them all away for DNA analysis — at enormous expense to everybody, including the taxpayer,” he says.

The trick for investigators is not only figuring out which items are likely to yield results, but which will be the most useful to the investigation. The obvious contenders are weapons, clothing and blood evidence, for instance, although other items can also make the list.

There are times when police send evidence to private labs if they need it sooner, or if the national lab can’t take it.

“We have paid cash to have them do analysis for us in situations where we kind of need this yesterday,” Malcolm says.

 Cpl. Keith Malcolm, one of the officers in charge of the Regina Police Service’s Forensic Identification Section, demonstrates how officers swab for DNA on a knife.

One particular advancement in DNA technology is the amount needed to obtain a result. Kachur notes investigators now need only a minute sample of a DNA-containing substance, such as blood. And where they once needed the nucleus of a hair sample, technicians can now extract mitochondrial DNA if necessary.

“It’s not a full profile, but it can add value in the investigation,” Kachur says.

Contact DNA from skin cells left behind by fingers touching a surface can also be tested, he says — particularly helpful when it comes to figuring out who handled a weapon.

There are moments DNA testing has become too sensitive. Malcolm notes it’s not uncommon for testing to reveal various DNA profiles mixed together — such as when several different people have handled an object. Testing might be able to point out the major contributor, but at other times, it might not reveal enough information to identify an individual.

“So the good news is it’s super-sensitive and we can pick up invisible stuff,” says Malcolm. “The bad news is it’s super-sensitive and we’re picking up everybody, and everybody isn’t useful.”

There are also times when DNA itself isn’t enough. Walker was consulted on a case involving a woman believed murdered sometime around 1914 in Saskatoon. Found in a well in 2006, they were able to obtain what Walker calls “an excellent DNA profile” for her. They have yet to figure out who she is.

“I know a lot about her,” he says. “I just don’t have anybody to compare it to.”

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Last in a three-part series.

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Racial prejudice not addressed in Reno Lee murder trial: lawyer

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The three men convicted of first-degree murder in Reno Lee's 2015 death. From left, Andrew Michael Bellegarde, Bronson Chad Gordon and Daniel Theodore.

The brutal, execution-style killing and dismemberment of a 34-year-old man was enough to inflame jurors and to set off any biases they might have had, argued the lawyer for one of the men convicted in the killing.

Because of that, argued Christopher Murphy on Monday, the judge and Crown had an obligation to ensure potential jurors were questioned on racial prejudices prior to being placed on the jury — even though defence counsel at the time didn’t petition for such questioning.

“I submit that the participants’ turning a blind eye to the realistic potential or possibility for the partiality of the jurors was a grave error,” he argued. “I submit the cumulative effect of the irregularities is an appearance of unfairness. Ultimately, that’s what we’re talking about when discussing whether or not a miscarriage of justice occurred in this case.”

Murphy represents Daniel Theodore, who is the only one among the convicted men or the victim not described as Indigenous. Even so, Murphy argued if the trial was unfair to fellow convicted offenders Bronson Gordon and Andrew Bellegarde, it was unfair to Theodore by extension.

Crown prosecutor Dean Sinclair argued such a claim — that Theodore was prejudiced as a Caucasian if the process was, in fact, unfair to his then-co-accused (Sinclair argued it was not) — is without merit. Sinclair added neither Gordon nor Bellegarde raised such a concern at the time.

Theodore, Bellegarde and Gordon were each convicted in early 2018 of first-degree murder in the April 2015 shooting death of Reno Lee. Theodore and Bellegarde were further found guilty of offering an indignity to human remains.

During trial, court heard Lee was confined in Gordon’s Regina apartment before being taken to another city location. There, he was confined further and finally shot in the head. He was then decapitated and dismembered and his remains buried in a shallow grave on the edge of the Star Blanket First Nation.

 Reno Lee.

The men each appealed. What is to be a two-day hearing began on Monday at the Saskatchewan Court of Appeal. The hearing is being held via videoconference due to COVID-19 restrictions, and each of the three men attended by video from various custody locations.

Murphy argued the case “cried out” for the trial judge, Justice Catherine Dawson, to ensure attempts were made from the start to weed out jurors with biases against Indigenous people. While going through the process of jury selection, judges commonly put a number of questions to would-be jurors, such as whether they know anyone connected to the case, if they have problems hearing, or if they’re Canadian citizens, for example. Murphy argued since racial prejudice exists in society, similar questions should have been raised about that, and that a failure to do so raises the possibility jurors held biases while reaching their verdicts.

But Sinclair refuted that point, stating the presumption in Canadian law is that jurors are impartial. He said the onus is on the appellants to show juror partiality or bias, and that requires more than a simple legal argument.

“There’s no evidence the jury was partial,” he said.

Sinclair added it’s not for judges to insert themselves in jury pre-screening save in cases like “manifest bias,” instances in which a would-be juror clearly states a bias. A judge taking steps beyond that — whether on race, religion or other factors — would be unlawful, Sinclair stated.

He further argued this is the sort of issue that is intended to be raised and addressed at trial. Failure to do so means it’s not open to appellants to successfully raise it at appeal, Sinclair contended.

Justices Robert Leurer, Jerome Tholl and Jeff Kalmakoff will continue hearing arguments on Tuesday.

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Regina police investigating two separate sudden deaths

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Regina police are investigating after two bodies were found in the city.

Two deaths in the city are under investigation after separate incidents in as many days.

The first body was found Sunday morning near Wascana Marina, according to a news release issued Monday afternoon. “Although it is still early in this investigation, based on all available information, this does not appear to be a criminal matter,” the release from Regina police stated.

Officers were sent at 11:18 a.m. to an area along the north shore of Wascana Lake, between the waterfall and the marina.  A caller to police indicated that there was a person lying on the shore, who was not moving or responding. The caller was in a watercraft on the lake, with a view of the shoreline not available to pedestrians or other recreational users of the park. Police located a man, who was confirmed deceased by EMS. The officers requested a coroner as well as a forensic identification investigator to the scene.

Police said the man — no name was released — has been identified and his next of kin have been notified of his death. The Saskatchewan Coroners Service is leading an investigation to determine as closely as possible, the circumstances surrounding this death.

A second body was found near the CP Rail tracks, near the Ring Road on 6th Avenue and Park Street, Monday morning.

Police say a man was found unresponsive near the tracks around 7:56 by CP staff. The workers tried to rouse the man, according to an RPS release, but they were unable to wake him.

EMS pronounced the man dead at the scene. At the moment police say this does not appear to be a criminal matter but the Coroners Service and forensic identification attended the scene.

The Saskatchewan Coroners Service will continue to investigate the cause and circumstances surrounding the man’s death.

Anyone who may information to assist police and the Saskatchewan Coroners Service in this investigation is asked to contact the Regina Police Service at 306-777-6500 or Crime Stoppers at 1-800-222-TIPS (8477).

 

Appeal court reserves decision in Reno Lee murder case

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The three men convicted of first-degree murder in the death of Reno Lee in 2015. From left, Andrew Michael Bellegarde, Bronson Chad Gordon and Daniel Theodore.

The Saskatchewan Court of Appeal has reserved its decision in the case of three men seeking to have their first-degree murder convictions overturned.

Andrew Bellegarde, Bronson Gordon and Daniel Theodore were convicted by a jury in early March 2018 of first-degree murder following a lengthy trial. Bellegarde and Theodore were also found guilty of offering an indignity to human remains after Lee’s body was discovered to have been dismembered and then buried in a shallow grave after he was fatally shot in the head.

All three men appealed their convictions and resulting life sentences, and arguments were heard this week — via videoconference due to COVID-19 restrictions — at the Court of Appeal.

Once submissions concluded early Tuesday afternoon, Justices Robert Leurer, Jerome Tholl and Jeff Kalmakoff reserved decision on the matter. As is usual for the court, a date for the return of the decision has not been set.

Arguments varied amongst the three convicted men, although each took issue with elements of Regina Court of Queen’s Bench Justice Catherine Dawson’s lengthy charge to the jury.

The length itself was among the issues referenced by Brian Pfefferle, lawyer for Bellegarde. He noted the judge’s instructions to jurors took place over the course of three days — potentially, in his view, leading to confusion in the jury room over a number of legally complex issues.

While Kalmakoff remarked it was indeed a “monster” instruction size-wise, he challenged Pfefferle on what could have been left out. Pfefferle suggested some material in the area of post-offence conduct could have been skipped, but Crown prosecutor Dean Sinclair noted that area actually took up little of the charge and contained information important to the jury — including reference to a remark Bellegarde made after Lee was shot, calling it a “rush.”

 Reno Lee.

Sinclair further argued there is no evidence the jury was left confused by Dawson’s instructions. It isn’t uncommon for juries to return mid-deliberation with questions, but Sinclair noted that in this case, the only question jurors had involved a request to re-listen to some evidence.

Among arguments made by Gordon’s lawyer Christopher Funt, he claimed the process for counsel’s input into the judge’s instructions was inadequate and that Dawson further erred by failing to explain a particular path jurors might have used to lead them to a manslaughter conviction against Gordon rather than murder.

Gordon was the only one of the three accused to testify at trial, and while on the stand, he denied knowledge of any plan to kidnap or murder Lee— claims Sinclair argued run contrary to the evidence, in part given Lee was initially confined at Gordon’s Regina apartment.

But Funt argued that even if jurors determined Gordon played a role in the kidnapping, it doesn’t necessarily follow he knew a murder was in store for Lee when the 34-year-old man was taken from Gordon’s to the Regina residence where he was later killed. Funt urged the appeal court to find Dawson was obligated to instruct the jury that they could find Gordon guilty of the lesser charge of manslaughter by finding he didn’t have foreknowledge of the killing and therefore couldn’t have had the necessary intent for murder.

Both Sinclair and Kalmakoff pointed to passages in Dawson’s instructions in which she made the jury aware that if they found Gordon didn’t have the necessary intent, they had to acquit.

While there was no evidence at trial that Gordon was present when Lee was killed, the Crown had argued he was guilty as a party, whether as an aider, abettor or counsellor.

Some witnesses had described Gordon directing others on the night of the kidnapping and murder.

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Ambiguous loss: The challenge of dealing with missing persons files

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Rhonda Fiddler, missing persons liaison with the Regina Police Service Victim Services Unit, stands next to a new electric billboard displaying missing persons in front of the new police headquarters building on Saskatchewan Drive in Regina, Saskatchewan on Sept. 16, 2020.

When Rhonda Fiddler’s daughter was five, she disappeared.

Fiddler remembers calling 9-1-1 and she remembers the moment her daughter was found after several hours. But abject fear robbed Fiddler of every memory in between.

“It was the most terrifying thing in my life,” she says of the incident approximately 30 years ago. “And for the rest of her life, whenever she does not answer me within a certain timeframe, I start to panic. That fear does not go away.”

The experience has given Fiddler — the missing persons liaison with the Regina Police Service’s Victim Services unit — a taste of what her clients experience in their daily lives. It’s a part of why, while she can leave many of her non-missing persons files at the office, these ones stay with her long after she goes home for the day.

“It would be wonderful to say that we set it aside and leave it at work, and for most of my files, I do,” she says. “But when it comes to the missing persons, those are always with me.”

Fiddler has carriage of a wide number of files in her regular duties with Victim Services, but she also has 18 long-term missing persons files. She says in general, a missing persons file is considered long-term once it reaches the six-month mark.

The files she carries have each impacted her in their own way. Tamra Keepness , Kimberly Cruickshank, Richele Lee Bear , Ronald Kay— names that are familiar to the public have become a part of Fiddler’s being.

 Tamra Jewel Keepness

She also has far older cases, including one involving a man who hasn’t been seen by his family since the late-1950s. Gilbert Brabant’s son reported him missing, and the family has yet to learn what happened to him.

Fiddler notes missing persons cover a gamut of circumstances. In some cases, the person chose to walk away. In others, their lives were taken.

In many cases, Fiddler has contact information for families, but not all. In the case of Jaroslav Joseph “Joe” Heindl — missing since 2002— family contacts have since passed away and there’s no one listed currently.

This being Missing Persons Week, Fiddler would like to change that, not just about Heindl but other cases in which family isn’t listed.

“Missing Persons Week is great just for sending that message out and hoping that families will reach out to us,” she says.

She also wants the extra spotlight on missing persons to let people know about the supports that exist should they be needed.

Saskatchewan’s missing persons liaison program has proven groundbreaking, not just in this province but nationally. Not only is it said to be the first of its kind in Canada, liaisons created a toolkit that has been requested by jurisdictions out of province.

 Richele Lee Bear

Among key areas of focus in the program are what are termed “ambiguous loss” and “supporting hope.”

“When you have a missing persons case, there is this whole unknown, and so there are all of these questions and there are no answers,” Fiddler says. “We don’t know where they are. We don’t know why they’ve gone missing. We don’t know if they’re safe. We don’t know if they’re alive. We don’t know that they’re dead. We don’t know anything. And so every day, the family wakes up with this big question and no answers.”

That’s where support comes in. And it differs in each case, just as the people experiencing the loss differ. Fiddler points out people can be okay one minute and not the next. One family member can believe their loved one is alive while another is convinced they’re dead. The job of people like Fiddler is to find ways to provide support regardless.

One reality she has come to see is that, for worried family members, missing people are nowhere and everywhere at the same time.

“When you’re living with that ambiguity, the person who’s missing is not here physically, but mentally, emotionally, psychologically, they’re everywhere,” she says.

Those wishing to contact Fiddler about a missing loved one can call 306-777-8660.

 A new electric billboard displaying missing persons stands in front of the new police headquarters building on Saskatchewan Drive in Regina, Saskatchewan on Sept. 16, 2020.

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Bladed brass knuckles, nunchaku among items seized at Sask.'s North Portal this summer

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Over the course of this summer, the CBSA seized 18 guns at the North Portal Canada-U.S. border crossing in Saskatchewan.

Eighteen firearms, blow guns, nunchaku and bladed brass knuckles were among the weapons seized at the North Portal border crossing this summer by the Canada Border Services Agency (CBSA).

While the Canada-United States border remains closed to non-essential travel, North Portal is one of five Canadian ports of entry where Americans making their way to Alaska are allowed to enter the country.

U.S. residents are currently only allowed to travel to Alaska through Canada for non-discretionary purposes, such as work or returning to their primary residence.

The first incident happened on June 30, when a U.S. resident was in transit to Alaska. CBSA officers seized a prohibited .45-calibre pistol, a prohibited 9mm pistol, a .22-calibre rifle, a 12 gauge shotgun, two prohibited pistol crossbows, a prohibited airsoft replica firearm, a prohibited stun gun, a prohibited switchblade and a prohibited magazine.

 Over the course of this summer, the CBSA seized 18 guns at the North Portal Canada-U.S. border crossing in Saskatchewan.

CBSA officers arrested the traveller and seized his vehicle, which was released upon payment of a $4,500 fine. The man forfeited the seized items and returned to the U.S.

On June 30, officers searched a U.S. resident and seized a restricted .44-calibre revolver, a restricted .22-calibre handgun, a .50-calibre muzzleloader rifle, two .22-calibre rifles, a .17-calibre rifle, a .410 shotgun, two sets of prohibited nunchaku sticks, a prohibited blow gun, bladed brass knuckles and 17 prohibited magazines.

The 51-year-old male traveller was arrested and forfeited the restricted and prohibited items. The man was been charged with three counts pursuant to the Customs Act and two counts pursuant to the Criminal Code. The man was released, and a court date is set to be determined.

On July 5, officers searched a U.S. resident travelling to Alaska and seized a restricted 9mm pistol and 10mm pistol, a prohibited blowgun and extender, five prohibited magazines and a barrel for a 10mm handgun. Officers arrested the traveller and seized his vehicle, which was released upon payment of a $3,000 fine. The man forfeited the seized items and returned to the U.S.

On July 21, officers searched a U.S. resident travelling to Alaska and seized a prohibited AR-15 pattern semi-automatic rifle, three prohibited magazines and a prohibited silencer. Officers arrested the traveller and seized his vehicle, which was held upon payment of a $1,500 penalty. The man forfeited the seized items and returned to the U.S.

Travellers crossing the border are encouraged to leave their guns at home, and must declare firearms they are transporting to the CBSA and meet import regulations.

Travellers who do not declare their firearms can face arrest, seizures, fines and criminal prosecution. Failing to declare a firearm can also make visitors inadmissible to enter Canada.

 Over the course of this summer, the CBSA seized 18 guns at the North Portal Canada-U.S. border crossing in Saskatchewan. Over the course of this summer, the CBSA seized 18 guns at the North Portal Canada-U.S. border crossing in Saskatchewan.

COVID-related stays mean fewer warrants, police observe

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Regina Police Service Chief Evan Bray.

In an effort to stay on top of ballooning adjournments and potential delay issues due to COVID-19, courts have had to find ways to do business a little differently.

One option Regina prosecutors have reportedly exercised has been to toss out a number of charges — and that, in turn, has impacted the number of warrants city police have had to enforce.

For the past few years, the Regina Police Service has employed a warrant strategy intended to address current outstanding warrants and any future ones police might receive.

While police have observed an overall increase in the number of warrants, this year saw a significant decrease from January to the end of June in the number of wanted offenders in Regina (24.24 per cent) and the number of outstanding warrants (24.16 per cent).

During Tuesday’s Board of Police Commissioners meeting, police surmised the reason for the drop comes down to actions taken in the courts to deal with matters differently.

“Part of the reason for the decrease, I think, is at Saskatchewan Provincial Court; they basically stayed close to 1,000 charges related to COVID,” said Insp. Jeff Wagner, adding charges being dealt with through stays or in other ways means those matters don’t end up with police as warrants later on if people don’t attend court.

Wagner told the board the Ministry of Corrections and Policing also had a decrease in warrant requests for breach-related charges.

“I’d like to say the numbers are going to stay that way, but we’ll see what happens,” Wagner said.

Chief Evan Bray noted that over the past couple of years, police have observed an increase in warrants overall.

“We’ve seen some increases in crime in general and with that comes warrants that get issued for people not attending court or not presenting themselves in court when they’re supposed to,” he said, adding “administrative warrants” are also generated.

Bray said the warrant strategy was put in place a number of years ago to stay on top of an “ever-mounting and increasing number of warrants in our city.”

“It’s kind of like leaves on your front lawn,” he said. “You could go and write them today. Tomorrow, there’s going to be more there, but if you don’t rake them today, there will be twice as many tomorrow. That’s kind of how our warrants work in the city.”

The number of wanted offenders dropped over the first six months of 2020 from 3,255 to 2,466. The number of warrants dropped from 4,246 to 3,220. While most warrants are for criminal matters, others involve provincial statutes or municipal bylaws.

hpolischuk@postmedia.com

twitter.com/LPHeatherP

Property crime, violent crime down in Regina

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Chief Evan Bray speaks at the Regina Police Service headquarters in Regina on Thursday, February 13, 2020.

Drugs continue to be a significant problem in Regina, but crime stats nonetheless show a marked year-over-year decrease in various types of crime.

According to monthly crime statistics released at Tuesday’s Board of Police Commissioners meeting, August numbers revealed a 4.3 per cent decrease in crimes against the person when compared to August 2019. A comparison of this August to last in terms of property crime shows a far more significant drop of 36.1 per cent. Combined with year-to-date figures, police have observed a total year-over-year decrease of 31 per cent.

Speaking to reporters, Regina Police Service Chief Evan Bray said drugs — one of the main drivers behind crime in Regina, as in other cities — remain a significant issue. While overall crime stats have dropped, offences under the Controlled Drugs and Substances Act were up by 29.4 per cent.

Bray suggested the increase in drug offences is largely enforcement-related.

“It’s often like impaired driving,” he said. “If you’re going to put energy and resources to it, you’re likely going to see an increase in stats. If we put 50 officers on the street tonight and we do an impaired driving blitz, we’re going to see impaired driving numbers go up tonight likely …

“The reality is we have some huge problems in our community with drugs, and we’ve seen it most prominently lately with overdoses.”

He noted investigators, through various projects, have targeted drugs coming into the province, and have made some significant seizures and arrests as a result.

“But with great success comes an increase in stats, and so, yes, we are seeing an increase in that and I’m proud of that because it shows and is reflective of the work that our drug team is doing in terms of the overall crime rate and showing some decreases,” Bray said.

He said while certain types of crime that have plagued Regina at times — robbery, break and enter and vehicle theft, for example — are down, other types of calls for service are up, such as domestic disputes , attempted suicides and overdoses. In a number of those calls, police will attend to deal with potential risks and then hand off the cases to community partners, he said.

“So sometimes, those types of calls, although there’s a decrease in crime, there’s an increase in the demand on our police service (for) those types of social justice-related calls,” Bray said.

He said domestic disputes have gone from an average of 16 per day to 20. He described overdose calls and attempted suicides as having gone “through the roof.”

In early July, police responded to six fatal overdoses within just 36 hours. At that time, police had been made aware of 451 overdose incidents since the start of 2020. By the end of August, the number had shot up to 705 — 60 of them fatalities.

hpolischuk@postmedia.com

twitter.com/LPHeatherP

Man suffers serious injuries in Regina shooting

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Regina police are investigating a shooting in the city that seriously injured a man.

A man suffered what Regina police described only as “serious injuries” after a shooting in the city Tuesday night.

Shortly after midnight, officers responded to the 1100 block of Athol Street for a report of an injured man, after what the caller said sounded like a gunshot, according to a news release. Police arrived and located a 28-year-old who had suffered what appeared to be a gunshot wound. As of Tuesday afternoon, police said the injured man remained in hospital.

Officers tried to control the victim’s bleeding until EMS arrived and transported him to hospital. At the same time, other responding officers gathered potential witness statements and followed physical evidence to the area where the shooting is believed to have occurred.

The incident is still under investigation. Police asked that anyone who has information which could assist in the investigation to contact the Regina Police Service at 306-777-6500 or Crime Stoppers at 1-800-222-TIPS (8477).

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