#rafuse & sons

[lazyjacks]

Schooner under construction at Rafuse & Sons shipyards, Salmon River,  N.S. DesBrisay Museum & Exhibition Centre Accession number: 2011.13.80

[atlanticcanada]

Rare public incitement of hatred charges laid in N.S. noose incident

Greg Dean is keeping himself busy this summer with his landscaping business, but he'll never forget being the target of a racist incident involving a noose last year.

Learning charges have now been laid in connection with that incident has brought some relief.

"It is bringing awareness to the situation," he says, "so at the end of the day, that is a good thing."

He and his spouse Cyndi Rafuse spoke out about the incident last August, days after a weekend family outing with their two young sons in the Chester Basin area took a disturbing turn.

The couple said several groups of teens approached the family while at a local lake and started staring at them. Then, they said, one of them started swinging a noose made out of what appeared to be fishing rope.

"And then my wife looked up and his friend had it," recalled Dean at the time, "and he was swinging it."

Shaken and worried for their safety, the family returned to the campground where they were staying. They recounted what had happened to the campground owner, who contacted Nova Scotia RCMP.

The couple said the RCMP came to talk to them the next day and told them the incident "wasn't chargeable."

"To me, that's a death threat," said Rafuse, "and I'm a white woman. But to a Black man?"

"If my 13-year-old can understand that what they were doing was terrible to his father, then these 17-year-olds know that what they were doing is wrong," she added.

The RCMP did investigate, and nine months later, have charged two male teens for both public incitement of hatred, and willful promotion of hatred, under the Criminal Code.

The two are scheduled to appear in court in Bridgewater next month.

Canada's Youth Criminal Justice Act requires their identities remain under a publication ban.

While officials with Nova Scotia's Public Prosecution Service can't comment on the specifics of the case because it is before the courts, they do say these charges have not been laid very often in the province.

"Just in the past year, there have been at least six charges laid across Nova Scotia," explains Ingrid Brodie, Chief Crown Attorney of the western region.

That's out of the more than 40,000 charges laid under the Criminal Code in a typical year.

STRICT REQUIREMENTS MUST BE MET

She says it's also a relatively rare charge throughout the rest of Canada as well, partly because the charges have strict requirements that must be met in order to have the necessary approval of the Attorney General.

"Both public incitement of hatred and willful promotion of hatred require a fairly intensive investigation," she says.

Both charges must involve public statements inciting hatred "against any identifiable group…. where such incitement is likely to lead to a breach of the peace."

Brodie says the courts have also determined "hatred" must meet a very specific definition.

"That the hatred that's being communicated be intense, that it be extreme," she explains, "and that to some extent that it almost demonstrates an aggressive or almost dangerous motive."

As co-chair of the Public Prosecution's equity and diversity committee, Brodie says the office is making a concerted effort to strongly prosecute cases involving racism as a public deterrent. She says members of the committee – which focuses on race-based issues in the justice system – often advise Crown Attorneys, and sometimes even law enforcement, on just what the law requires.

"We have to build the capacity of individual Crowns to understand and identify racism issues in cases," Brodie says, "because it's not just these types of (charges) … There can be other cases of racial profiling or other racism issues …"

"We want to be sure that we are finding these cases and putting a lens of cultural competency on the cases," she adds.

While Greg Dean is relieved to see the charges laid, he knows that alone won't wipe out racism in Nova Scotia.

But, for the sake of his 10-year-old Black son who was with him when the incident occurred, he says he hopes it will help.

from CTV News - Atlantic https://ift.tt/3vn9Hw0

[atlanticcanada]

'That's a death threat': Nova Scotia couple speaks out after noose incident

A Nova Scotia couple is speaking out after they say a disturbing act of racism marred a recent family camping trip.

Greg Dean is Black, as is their nine-year-old son. Cyndi Rafuse and their 13-year-old son are white.

The group went to the Chester Basin, N.S., area this past weekend to join several other families for a few days of fun in the sun. On Saturday, they all headed to an area lake for some swimming. The fun stopped when a truck pulled into the parking lot, along with another car. They say several groups of teens got out.

"At that point Greg realized they were staring," Rafuse says. "We caught the vibes. We just ignored it for a minute or so, and then the guy that was driving the truck picked up a noose and began to wave it, and smiling at us."

"He was swinging the noose at me," says Dean. "And then … his friend had it, and he was swinging it."

Dean says the noose appeared to be made out of thick fishing rope. The couple also says they noticed the truck had a small noose hanging from the rearview mirror.

As a Black man born and raised in Nova Scotia, Dean says it's not the first time he's come face to face with racism. He says he knew "it was time to go," so the families started getting the kids out of the water and to their respective vehicles.

"I'm putting stuff in my trunk and I asked the guy if there was a problem, and he said, 'There might be'," recalls Rafuse.

She says, at one point, she took the noose from the bed of the teen's truck and threw it into the woods.

The families returned to their nearby campground, shaken. After they told staff what had happened, a campground employee called the local RCMP detachment.

Dean says he and his brother-in-law sat up awake all night at their campsite, worried the teens would come there to find them.

The couple says the RCMP did not get in touch with them until the next morning. They say the officer seemed more interested in an alleged incident at the beach involving one of Dean's family members, than in the noose.

"Well, that's not chargeable," Dean says they were told. "Because we were told, being racist is not a criminal offence."

In response to a request for an interview, Nova Scotia RCMP spokesperson Cpl. Lisa Croteau would only say that Lunenburg District RCMP did respond to a disturbance at a beach on Lower Grant Road in Chester Basin on Saturday afternoon.

In an email to CTV News, Cpl. Croteau writes, "No charges have been laid and the investigation is ongoing."

In Canada, a "hate crime" is not something police can specifically charge an offender with. Rather, crimes commonly referred to as such are cases in which judges take the motivations of an offender into account to determine an appropriate sentence.

There are sections of the Criminal Code which deal with "hate propaganda" and "public incitement of hatred," but the sections have historically rarely been used.

Dean and Rafuse say they're speaking out to show others that racism does happen in Nova Scotia and needs to be addressed.

"My son's nine years old," says Dean. "I don't want him to go through the same stuff I went through."

Rafuse posted about the incident on Facebook, writing, "My husband … calmly tells this guy that it's not to [sic] late for him to turn his life around he explains to this racist human being that he a black man is a good person as I stand there looking at all of these white guys and girls who just threatened my family my heart broke the hate in this world is unbelievable."

She says she's encouraged by the many messages she's received since posting her comments.

The Municipality of Chester also denounced the incident in its own Facebook post, stating it became aware of a "citizen report" that "described blatant racism and implied violence."

The post continues: "We want residents and visitors to know that we do not, in any way whatsoever, support discriminatory behaviour."

Dean and Rafuse say they just want to see action from the RCMP.

"To me, that's a death threat," says Rafuse. "And I'm a white woman, to a Black man? If my 13-year-old son can understand that what they were doing was terrible to his father, then these 17-year-olds know that what they are doing is wrong."

from CTV News - Atlantic https://ift.tt/2Qd1E1D

[atlanticcanada]

Constables charged in man's police-cell death going to trial in October 2019

Two special constables charged in connection with the death of a man found unresponsive in a Halifax police cell almost two years ago won’t go to trial until fall 2019.

Dan Fraser and Cheryl Gardner have each been charged with one count of criminal negligence causing the death of Corey Rogers.

Rogers was arrested for public intoxication outside the IWK Health Centre the night of June 15, 2016. He was taken into custody at Halifax Regional Police headquarters, where he was placed in a cell around 11 p.m.

Police found the 41-year-old man unresponsive in the cell around 1:45 a.m. on June 16. Emergency Health Services were called, but Rogers couldn’t be revived.

Nova Scotia’s Serious Incident Response Team launched an investigation into Rogers’ death and, in November 2017, charged Fraser and Gardner, who were working as booking officers the night Rogers was arrested.

Fraser and Gardner have elected to be tried by a jury at Nova Scotia Supreme Court.

The trial is set to take place from Oct. 28 to Nov. 8, 2019.

Rogers’ mother, Jeannette Rafuse-Rogers, says she was told her son died from asphyxiation. She believes the use of a spit hood – a device that covers a person’s head and prevents them from spitting on police – was a factor in his death.

from CTV News - Atlantic https://ift.tt/2LP3SRI

[atlanticcanada]

Documents reveal spit hood regulation changes following N.S. police-cell death

CTV News has learned Halifax Regional Police changed its regulations on spit hoods following the death of Corey Rogers, who was found unresponsive in a police cell in June 2016.

Documents obtained from Halifax Regional Police through the Freedom of Information Act state that since Roger's death, the force issued an order to all ranks regarding the use of spit hoods.

According to the department order issued by Deputy Chief Robin McNeil on July 14, 2017, “spit hoods shall only be stored and deployed in the prisoner care facility and shall not be used in police vehicles or in the field.”

The memo also states, “only those formally trained on the use of a spit hood are authorized to apply them to a prisoner” and they must “use increased vigilance when using a spit hood to ensure the safety of the prisoner.”

Corey Rogers was arrested for public intoxication at the IWK Health Centre the night of June 15, 2016. The 41-year-old man was found unresponsive in a police cell three-and-a-half hours later. Attempts to revive him were unsuccessful.

His mother, Jeannette Rafuse-Rogers, says Corey was wearing a spit hood at the time and has been told his cause of death was asphyxiation. She also says an arresting officer put the spit hood on her son in the vehicle parked at the police station.

“He should have been in hospital, not in a jail cell," says Rafuse-Rogers.

Nova Scotia's Serious Incident Response Team just completed a 17-month investigation and charged special constables Cheryl Gardner and Dan Fraser with criminal negligence causing death. 

SiRT alleges the two booking officers accepted Rogers into custody without medical assessment, failed to adequately check on him, and left him unsupervised with a restraint device over his head. The allegations have not been proven in court.

Dalhousie law professor Archie Kaiser wants to see a province-wide policy on spit hoods.

“I think it would assure the public that detainees are going to be safe from asphyxiation due to substance use anywhere in the province and not just in Halifax,” Kaiser says. 

Halifax Regional Police says it's working on a high-risk prisoner policy, but won't answer any questions citing court proceedings and legal action against the service.

Police policy consultant Paul McKenna calls SiRT’s two-and-a-half page report into the death of Corey Rogers slim. He believes in order to ensure public safety, it's critical to know more immediately.

“I think there is a big window of opportunity that has blinds on it right now and I think we should think about lifting those blinds and shedding some light on those things,” says McKenna. 

The SiRT report states the agency doesn't want to compromise a fair trial and may release more details after the court case.

Since 2012, Nova Scotia’s independent police watchdog has conducted four investigations into the deaths and serious injuries of people in Halifax Regional Police cells. Corey Rogers' death is the only one to result in charges.

His mother doesn't want another family to live her nightmare.

“This will be my son's legacy,” she says. “Things need to change within the system or some other family is going to end up standing where I am.” 

Halifax Regional Police did provide CTV News with stats that show from 2015 to now approximately 1,900 people are arrested by their officers every year under the Liqiour Control Act, so changes to policies have the potential to affect a large number of people being taken into custody.

With files from CTV Atlantic’s Kelland Sundahl.

from CTV News - Atlantic http://ift.tt/2jeyySD

[atlanticcanada]

Two Halifax police officers charged with criminal negligence in man's death

Two special constables with the Halifax Regional Police are facing charges in connection with the death of a man who was found unresponsive in a police cell in June 2016.

Nova Scotia’s Serious Incident Response Team says police first responded to a report of an unwanted man at the IWK Health Centre shortly after 10 p.m. on June 15, 2016.

Officers arrested Corey Rogers outside the hospital for public intoxication. He was taken into custody at Halifax Regional Police headquarters, where he was placed in a cell around 11 p.m.

SiRT says police found the 41-year-old man unresponsive in the cell around 1:45 a.m. on June 16. Emergency Health Services were called, but Rogers couldn’t be revived.

SiRT launched an investigation into Rogers’ death and, on Tuesday, charged Const. Daniel Fraser and Const. Cheryl Gardner with one count each of criminal negligence causing death.

Investigators say Fraser and Gardner were working as booking officers the night Rogers was arrested. They are both due to appear in Halifax provincial court Tuesday afternoon.

Rogers’ mother, Jeannette Rafuse-Rogers, says she was told her son died from asphyxiation. She believes the use of a spit hood – a device that covers a person’s head and prevents them from spitting on police – was a factor.

Rafuse-Rogers is now calling on Nova Scotia’s justice minister to launch an official inquiry into her son’s death.

Halifax Regional Police issued a statement Tuesday, saying it cannot address specifics of the incident, but that it is committed to the care of people in custody.

“Proper care of those in custody is a priority for us, and as such, we review and enhance our practices and are confident in our employees’ ability to appropriately manage the care of people in custody,” said Const. Dianne Penfound.

Penfound says a Police Act investigation into Rogers’ death remains open, but will be suspended until the court process has concluded.

from CTV News - Atlantic http://ift.tt/2zEiuAr