Saanich waits for ruling on appeal of 2004 police shooting

The District of Saanich seeks to overturn a 2011 B.C. Supreme Court decision in the shooting death of Majencio Camaso.

The B.C. Court of Appeal heard submissions last week as the District of Saanich seeks to overturn a 2011 B.C. Supreme Court decision that found a Saanich police officer “grossly negligent” in the shooting death of Majencio Camaso.

In April 2011, Justice Grant Burnyeat ruled that Const. Kristopher Dukeshire’s actions on July 11, 2004 negligently resulted in the death of Camaso.

“Dukeshire breached the duty of care owed to Mr. Camaso when he did not use the least amount of force necessary to carry out his duties,” Burnyeat wrote in his judgment.

He also said the Saanich police investigation into the death was negligent for a number of reasons, including the failure “to test the theory of whether Const. Dukeshire had reasonable grounds to believe it was necessary to shoot Mr. Camaso to protect himself.”

Burnyeat also ordered Saanich pay $354,000 in losses and damages to the Camaso family.

Saanich, on its end, entirely disputes the Supreme Court ruling, and that the officer used appropriate force for the circumstances.

Saanich’s municipal solicitor Chris Nation said this week that the Court of Appeal has reserved its decision, and has given no indication to either party when a ruling will be made.

“There’s a pretty substantial volume of material in front of them, so it’s likely not to be made that quickly,” Nation said.

On July 11, 2004, Camaso’s wife Teresa called 9-1-1 because her husband, who had known mental health issues, had attempted to set their apartment on fire.

A foot chase involving Camaso, three attending Saanich police officers and an ambulance attendant ensued when Camaso, 33, evaded police.

In a field at the former Richmond elementary school, Dukeshire fired three shots at Camaso, who was running at him brandishing one or two metal objects (possibly a pipe and crowbar).

kslavin@saanichnews.com

 

 

Just Posted

Greater Victoria-based digital crisis line sees spike in chats

Service allows youth to chat with volunteers through instant messaging services, text message

Rollover crash in Colwood occurred after driver had epileptic seizure

Colwood Fire used the Jaws of Life to extricate two people inside the vehicle

13-year-old Langford boy missing

West Shore RCMP say Alex Meickle was likely headed to Tofino

B.C. declares state of emergency as more than 560 wildfires rage

This is only the fourth state of emergency ever issued during a fire season

Historic documentary film screening at Royal Roads

The filmmakers will host a Q&A session at the event

Average Canadian family spends 43% of income on taxes: study

Fraser Institute’s consumer report shows taxes accounting for larger chunk of income each year

RCMP deploys officers to help B.C. communities impacted by wildfires

RCMP officers heading to communities particularly within central, northern and southern B.C.

Interim GoFundMe payments approved in Humboldt Broncos crash

$50,000 to be given to each of the 13 survivors and each family of the 16 people who died

B.C. gangster charged after man allegedly beaten with a golf club

Langley man facing aggravated assault charge after incident allegedly involved golf club and machete

442 Squadron medevacs injured fisherman at Graham Island

442 Squadron medevacs injured fisherman at Graham Island

Are you Canada’s next Masterchef?

Home cooks looking to follow their cuisine dreams can apply now.

Regional climate adaptation agriculture testing to expand in B.C.

Ottawa funds farm projects to conserve water, remove invasive species

VIDEO: B.C. RCMP officers excel in Amazing Race Canada Heroes Edition

Courtney and Taylor Callens have become the team to beat

‘Can’t erase history’ by tearing down statues, Minister says

Environment Minister Catherine McKenna spoke on the contentious removal of John A. Macdonald

Most Read