Appendices: Chair-Initiated Complaint Regarding the In-Custody Death of Mr. Raymond Silverfox

Appendix C: Independent Observer Program

In March 2007, the RCMP and the Commission for Public Complaints (CPC) implemented a pilot project whereby a Commission employee, along with an Office of Investigative Standards and Practices (OISP) RCMP member, was assigned to observe and assess the impartiality of the investigations conducted by the RCMP in British Columbia ("E" Division) involving high-profile and serious incidents such as in-custody deaths. While it is the role of the CPC to observe, the role of the OISP liaison member is to act as a conduit to facilitate access to information so the Independent Observer can fulfill his or her mandate.

The Independent Observer Pilot Project sought to address the public's concerns about the impartiality of RCMP investigations into incidents where the actions of RCMP members had resulted in serious injury or death.

On September 9, 2008, following an evaluation of the effectiveness of the Independent Observer Pilot Project, the RCMP and CPC formalized the Independent Observer Program (IOP) for "E" Division.

The IOP assesses the impartiality of RCMP investigations according to the following criteria:

1. Line management: Assess whether there are any actual or perceived conflicts of interests in terms of the members of the investigative team and those who are the subject of the investigations. Determine the appropriateness of the management structure and reporting relationships.
2. Appropriate level of response: Assess whether the RCMP investigative team response to the incident is appropriate and proportionate to the gravity of the incident. Has the RCMP assigned the appropriately qualified investigators to the investigative team? Are the team leader(s) and the lead investigator(s) Major Case Management accredited?
3. Timeliness of response: Assess whether members of the RCMP investigative team responded in a timely fashion to the incident.
4. Conduct: Assess whether the conduct of members of the RCMP investigative team is consistent with section 37 of the RCMP Act.

It should be emphasized that it is not the goal of the CPC's Independent Observer to assess the adequacy of an RCMP investigation or RCMP policies.

Appendix F: Selective Cellblock Video Timeline

5:19 Constables BULFORD and Van MARCK exit vehicle. Raymond SILVERFOX who is not handcuffed is removed from the drivers side rear seat area of the vehicle.

Constables BULFORD and Van MARCK process Raymond SILVERFOX. Constable Van MARCK requests Raymond SILVERFOX to remove his jacket, hoody top, shoes and the contents from his pockets as well as the removal of one of two t-shirts. SILVERFOX is now wearing an orange shirt, jeans and socks. Constable BULFORD assists Constable Van MARCK by moving clothing to the locker storage area. Mr. Craig MacLENNAN is the guard on duty. Constable Van MARCK searches Raymond SILVERFOX.

5:21 Constable Van MARCK escorts Raymond SILVERFOX to the front of the CABS processing station and Raymond SILVERFOX has dark staining on the rear seat area of his pants and leg area.

5:22 Constables BULFORD and Van MARCK escort Raymond SILVERFOX to Cell # 3 where he is lodged with two other prisoners Dale MYRA and Douglas JACK. After entering the cell Raymond SILVERFOX sits on the floor near the door of the cell and then laid down on his back.

5:28 Raymond SILVERFOX in cell # 3 assumes a fetal position lying on his right side in front of the cell door.

5:29 Raymond SILVERFOX in cell # 3 repositions himself onto his back and a discoloration is noted on the floor near his right elbow.

5:49 Raymond SILVERFOX in cell # 3 is in a fetal position on his right side in front of the cell door his body appears to be pulsating in a motion similar to a person vomiting. Discoloration visible on floor.

5:50 Raymond SILVERFOX in cell # 3 is in a fetal position on his right side in front of the cell door and his body appears to be pulsating in a motion similar to person vomiting.

5:58 Raymond SILVERFOX in cell # 3 repositions himself from lying on his back to the fetal position on his right side in front of the cell door and his body appears to be pulsating in a motion similar to a person vomiting.

6:16 Raymond SILVERFOX in cell # 3 is in the fetal position lying on his right side and his body appears to be making pulsating motions similar to a person vomiting.

6:19 Raymond SILVERFOX in cell # 3 repositions from the fetal position where he is lying on his right side to lying on his back with his hands on his stomach. SILVERFOX then moves to a fetal position where he is lying on his left side. The right leg of Raymond SILVERFOX’s pants appear to be wet and pulled back up but remain undone. A dark stain is visible on the cell floor where he had first been positioned.

6:21 Raymond SILVERFOX in cell # 3 repositions himself onto his back from being on his left side in the fetal position. A smaller dark stain in now visible near the area his head was positioned.

6:24 Raymond SILVERFOX, who is lying on his right side in the fetal position, sits up and appears to be conversing with one of the other prisoners in the cell (just over 10 seconds), prior to lying back down on his right side, fetal position.

6:29 Raymond SILVERFOX in cell # 3 is in a fetal position lying on his right side facing the cell wall and his body pulsates in motion similar to a person vomiting.

6:47 Raymond SILVERFOX in cell # 3 is in a fetal position lying on his right side facing the cell wall and his body pulsates in a motion similar to a person vomiting. After SILVERFOX repositions himself to lying on his back his body again makes pulsating motions similar to a person vomiting.

6:48 Raymond SILVERFOX in cell # 3 positions himself into a fetal position lying on his left side and his body pulsates similar to a person vomiting.

6:52 Constable CONNELLY attends cell # 3 and opens the sliding window cover and then the cell door. Prisoners Dale MYRA and Douglas JACK depart cell with Constable CONNELLY.

7:05 Guard Craig MacLELLAN checks attends cell # 3 and opens the sliding window cover conducting a physical check on Raymond SILVERFOX, he is lying on his back at this time.

7:12 Raymond SILVERFOX in cell # 3 repositions himself from the fetal position lying on his right side facing the cell wall to his back. Two dark stains are visible on cell floor next to his right side.

7:22 Constable CONNELLY checks attends cell # 3 and opens the sliding window cover conducting a physical check on Raymond SILVERFOX, he is lying on his back at this time.

7:38 Guard Heather BALFOUR checks cell # 3 with Raymond SILVERFOX. SILVERFOX laying on his back.

7:57 Constable CONNELLY opens sliding window to check on Raymond SILVERFOX in cell # 3. SILVERFOX is laying on his stomach.

8:00 Raymond SILVERFOX in cell # 3 positions himself into a fetal position lying on his right side in front of cell door and his body pulsates in a fashion similar to a person vomiting. Stained area observed on cell floor near SILVERFOX=s extended right arm.

8:03 Corporal MacLEOD and Constable HANNIGAN attend cell area via Detachment entrance door. Corporal MacLEOD attends booking ledger counter.

8:04 Corporal MacLEOD removes her jacket and goes to the C-13 desk, stood across from Constable CONNELLY, appears to the reviewing C-13 of Raymond SILVERFOX.

8:14 Raymond SILVERFOX in cell # 3 is lying in the fetal position on his left side moves in a pulsating motion similar to a person vomiting.

8:17 Raymond SILVERFOX in cell # 3 lying in fetal position on his left side repositions himself to the kneeling position. Stain observed on cell floor where SILVERFOX had been laying. SILVERFOX moves from the kneeling to standing position and walks to toilet and after pulling pants and underwear down he sits on toilet. SILVERFOX observed to be holding stomach periodically while on toilet.

8:42 Raymond SILVERFOX in cell # 3 stands up and walks to the toilet area and appears to be drinking from the sink. Then sits down next to the toilet, before lying back down on the floor. He then sits up for a moment, before lying back down on the floor.

8:56 Raymond SILVERFOX in cell # 3 is checked by Guard BALFOUR by looking through the cell door window, and observation window. SILVERFOX is lying on his back with his knees bent.

9:13 Raymond SILVERFOX in cell # 3 is checked by Guard BALFOUR by looking through the cell window above the toilet. SILVERFOX is lying in the fetal position near the center of the room.

9:31 Raymond SILVERFOX in cell # 3 rolls onto his right side, and a small dark spot is observed on the floor near his head.

9:32 Raymond SILVERFOX in cell # 3 is checked by Guard BALFOUR by looking through the cell door window. SILVERFOX is lying in the fetal position near the center of the room and a small dark spot is observed on the floor near his head.

9:43 Raymond SILVERFOX in cell # 3 is the fetal position near the center of the cell and is observed vomiting a large pool of liquid onto the floor next to him. SILVERFOX vomits for several minutes.

10:09 Raymond SILVERFOX in cell # 3 is checked by Guard BALFOUR by looking through the cell door window. SILVERFOX is lying in the fetal position near the cell door.

10:27 Raymond SILVERFOX in cell # 3 is the fetal position near the cell door and is observed vomiting a pool of liquid onto the floor next to him. He continues to vomit intermittently over the next several minutes.

10:37 Raymond SILVERFOX in cell # 3 stands up and walks to the sink and appears to take a drink. Then walks over to the corner further from the cell door and lays down into the prone position.

10:41 Raymond SILVERFOX in cell # 3 briefly raises to the kneeling position and then returns to the fetal position. SILVERFOX is observed vomiting a pool of dark liquid.

10:50 Raymond SILVERFOX in cell # 3 is in the fetal position near the base of the toilet and is observed vomiting a dark liquid.

10:59 Raymond SILVERFOX in cell # 3 is checked by Guard BALFOUR by looking through the cell window above the toilet. SILVERFOX is lying in the fetal position near the base of the toilet.

11:34 Raymond SILVERFOX in cell # 3 stands up and walks to the sink and appears to take a drink. Then lays down into the fetal position near the toilet.

11:42 Raymond SILVERFOX in cell # 3 is in the fetal position near the toilet and is observed vomiting a dark liquid.

12:06 Raymond SILVERFOX in cell # 3 stands up and walks to the sink and appears to take a drink. Then lays down into the prone position near the toilet. Shortly after lying down he vomits.

12:24 Raymond SILVERFOX in cell # 3 is in the fetal position near the base of the toilet and is observed vomiting a dark liquid.

12:32 Raymond SILVERFOX in cell # 3 is in the prone position near the center of the cell and is observed vomiting. A dark liquid is visible when he moves overs slightly.

12:54 Raymond SILVERFOX in cell #3 in prone position vomits on the floor, then briefly raises onto his hands and knees and is observed vomiting a dark liquid. SILVERFOX then moves to side and lays back down into the prone position.

13:01 Raymond SILVERFOX in cell # 3 is in the fetal position near the center of the cell and is observed vomiting a large pool of dark liquid.

13:02 Raymond SILVERFOX in cell # 3 is checked by Guard BALFOUR by looking through the cell door window. SILVERFOX is lying in the fetal position near the center of the cell near a pool of vomit.

13:03 Raymond SILVERFOX in cell # 3 crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then stands up and takes a drink from the sink before lowering himself back down into the prone position.

13:21 Raymond SILVERFOX in cell # 3 stands up and walks to the sink and appears to take a drink. He then hangs his head over the toilet and appears to be vomiting. Then lays down into the prone position near the toilet.

13:37 Raymond SILVERFOX in cell # 3 crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then lowers himself back down into the fetal position near the toilet.

13:57 Raymond SILVERFOX in cell # 3 vomits a small amount on the floor, and then crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then lowers himself back down into the fetal position near the toilet.

14:07 Raymond SILVERFOX in cell # 3 crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then lowers himself back down into the fetal position near the toilet.

14:17 Raymond SILVERFOX in cell # 3 stands up and walks to the sink and appears to take a drink. He then hangs his head over the toilet and appears to be vomiting. Then lays down into the fetal position near the toilet.

14:24 Raymond SILVERFOX in cell # 3 while lying in fetal position near back wall. Pool of vomit noted as he changes position.

14:30 Raymond SILVERFOX in cell # 3 while lying in fetal position in the center of the room is observed vomiting a pool of dark liquid.

14:39 Raymond SILVERFOX in cell # 3 while lying in fetal position in the cell door is observed vomiting a pool of dark liquid.

14:47 Raymond SILVERFOX in cell # 3 crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then pulls himself to the standing position and takes a drink from the sink before walking back to the corner of the room and laying down into the fetal position.

15:15 Raymond SILVERFOX in cell # 3 crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then crawls back into the corner and lays back down into the fetal position.

15:21 Raymond SILVERFOX in cell # 3 stands up and walks over to the cell door. While leaning on the wall next to the door SILVERFOX begins knocking on the cell door. After a short time he lowers himself back onto the floor and into the fetal position.

15:22 Raymond SILVERFOX in cell # 3 is checked by Hector MacLELLAN by looking through the cell door window.

15:49 Raymond SILVERFOX in cell # 3 is checked by Constable Geoff CORBETT by looking through the cell door window.

15:59 Raymond SILVERFOX in cell # 3 crawls over to the toilet and appears to vomit into the toilet. SILVERFOX then crawls back into the corner and lays back down into the prone position.

16:34 Raymond SILVERFOX in cell # 3 repositions from laying on his right side in the fetal position to kneeling. He proceeds to crawl over to the toilet and positions his head over the bowl. SILVERFOX 's body pulsates in a fashion similar to a person vomiting. SILVERFOX the returns to the floor to a position of laying on his stomach with his head on his shirt.

17:08 Raymond SILVERFOX in cell # 3 repositions from the fetal position to kneeling. He the proceeds to crawl over to the toilet. While remaining on his hands and knees, SILVERFOX 's body pulsates in a fashion similar to a person vomiting. SILVERFOX then crawls back to his original position and lays down into the fetal position.

17:24 Raymond SILVERFOX in cell # 3 rises to the seated position with his arms around his knees. SILVERFOX remains in this position briefly before standing and walking over to the toilet area. SILVERFOX proceeds to lean over the sink and toilet from the standing position in a motion similar to drinking. He then returns to his original position in the cell and lays down in the prone position.

17:46 Raymond SILVERFOX in cell # 3 repositions briefly from the fetal position to the prone position near the cell door, then returns to the fetal position on his left side. This is also a brief position. SILVERFOX rises up onto his hands and knees, then crawls to the toilet area. While remaining on his knees SILVERFOX hangs over the sink, in a position similar to drinking. He then lowers himself back to the floor and into the fetal position.

17:51 Raymond SILVERFOX in cell # 3 repositions briefly from the fetal position in the center of the cell, to seated with his arms around his knees. He then rises to his knees and crawls to the toilet area of the cell. While remaining on his knees SILVERFOX hangs over the sink, in a position similar to drinking. He then lowers himself back to the floor and into the fetal position near the center of the room. He continues to flip back and forth between prone and the fetal position.

18:12 Raymond SILVERFOX in cell # 3 repositions briefly from the fetal position, to kneeling position. He then crawls to the toilet area of the cell. While remaining on his knees SILVERFOX hangs over the sink, in a position similar to drinking. He then drops back to the floor next to the toilet and into the fetal position. He remains in this position for a short time, then rolls back and forth between prone the fetal position.

18:24 Raymond SILVERFOX in cell # 3 repositions from the fetal position to the prone position in the center of the cell.

18:30 Raymond SILVERFOX in cell # 3 remains in the prone position in the center of the cell. His head is visible moving slightly. Turning his face towards the floor. Followed by SILVERFOX's right hip moving slightly in an upward motion.

18:36 Raymond SILVERFOX in cell # 3 is checked through the cell window by Constable HANNIGAN. SILVERFOX is laying prone in the center of the cell.

18:41 Raymond SILVERFOX in cell # 3 is checked through the cell window by Cpl MACLEOD. MACLEOD is joined by Guard MACLELLAN at the door and the food door is seen opening. SILVERFOX is laying prone in the center of the cell.

18:42 Corporal MacLEOD exits cell area and retrieves key from guard desk area. Guard MacLELLAN remains outside Cell #3. Corporal MacLEOD returns to Cell #3, followed shortly by Constable HANNIGAN and Constable MULLER.

18:43 The door to Cell #3 is opened. Constable MULLER enters the cell and checks SILVERFOX. He is found to be unresponsive. Corporal MacLEOD, Constable HANNIGAN and Guard MacLELLAN exit cell area to guardroom, and then return to cell area.

18:44 Cst MULLER drags SILVERFOX from the cell into the corridor.

Appendix G: Guard Log Book Entries in Respect of Mr. Silverfox