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

Second puppy killed by poisonous mushrooms in Victoria

Springer spaniel puppy died after consuming mushrooms in Fairfield neighbourhood

Western Speedway racing legend ‘The Flying Plumber’ turns 98

Dave Cooper recalls car crashes, his first win, and more

Driver charged in Central Saanich pedestrian’s death appears in court

Victim Kim Ward, 51, died on scene at the August 2018 crash

Nuisance tree will remain on perimeter of Fireman’s Park

Council re-affirm pledge to protecting healthy tree canopy

Saanich safety upgrades, bike lane extension on Finnerty Road near completion

Raised instersection and sidewalks part of safety improvements near UVic

WATCH: Greater Victoria’s top stories of the day

A round-up of the day’s top stories

POLL: Do you think the day of the federal election should be a statutory holiday?

Increasing voter turnout has long been a goal of officials across the… Continue reading

Woman, 24, faces life-altering injuries after being dragged 4 blocks by vehicle in Vancouver

A gofundme account says the woman will have to undergo multiple complex surgeries

Fatal overdoses down by 33% in B.C., but carfentanil deaths continue to spike

Carfentanil, an illicit drug more powerful than fentanyl, causing more deaths than ever

Two RCMP vehicles vandalized in Duncan over long weekend

Local Mounties asking for help in finding culprits

A year after pot legalization in Canada, it’s a slow roll

It’s one year into Canada’s experiment in legal marijuana, and hundreds of legal pot shops have opened

ELECTION 2019: Climate strikes push environment to top of mind for federal leaders

Black Press Media presents a three-part series on three big election issues

Most Read