Two years after Campbell River RCMP fatally shot Jared Lowndes his family has filed a B.C. Supreme Court lawsuit against the B.C. government and the four officers involved.
“The actions of the police defendants were unprovoked, unwarranted and in complete disregard of the ordinary standard of morality and decent conduct,” said a notice of civil claim filed with the court July 7 by Vancouver lawyer Neil Chantler.
Lowndes, a member of the Wet’suwet’en First Nation, died July 8, 2021.
He had been in a relationship with Ketisha Hackett with whom he had a child, Phoenix. She had another child, Patience, by a different man who passed away. Lowndes cared for Patience as his own.
Hackett is a plaintiff on behalf of the children. The other plaintiff is Lowndes’ mother Laura Holland.
“The plaintiffs have suffered grievous psychological harm, including depression, anxiety, post-traumatic stress and anguish over the loss of a son and father,” the claim said.
Named as defendants are B.C.'s public safety minister and solicitor general, and four constable John Does.
The claim said the shooting happened at a Tim Hortons on Island Highway in Campbell River.
Court documents state one police vehicle had rammed Lowndes’ car and that a police dog had jumped through a window and attacked him and his dog. The lawsuit said Lowndes left his car after three or more police vehicles boxed it in.
The incident was investigated by the Independent Investigations Office of BC (IIO). On Dec. 1, that office said it was “preparing a report to be submitted to the BC Prosecution Service for consideration of charges in the coming months.”
IIO chief civilian director Ronald MacDonald reviewed the evidence. He determined that reasonable grounds existed to believe three officers might have committed offences in relation to various uses of force.
The IIO announced it was investigating on the day Lowndes died.
The BC Prosecution Service has yet to receive such a report, spokesman Dan McLaughlin said.
MacDonald was out of the office July 7 and unavailable to comment.
The claim further said the government failed to ensure officers were adequately trained, and that the officers’ behaviour was negligent.
The family is claiming general, special, punitive and aggravated damages as well as costs of the lawsuit.
The Ministry of Public Safety and Solicitor General says it can't comment as the matter is before the courts.
