More updates from police needed on TRC day fatal collision investigation, says law professor

More updates from police needed on TRC day fatal collision investigation, says law professor

UBC professor says Delta police should make more efforts to engage with broader Indigenous community

Nearly two weeks with no public updates on an investigation into the deaths of two elders outside a B.C. mall on the National Day for Truth and Reconciliation is too long, says a law professor.

Two Tsawwassen First Nation elders, Virginia Splockton and wilapiya (Barb Joe), were killed on Sept. 30 after a vehicle struck them and two others at a house pole raising event outside Tsawwassen Mills mall in Delta, B.C., after a National Day for Truth and Reconciliation walk.

"The police aren't doing a lot to help quell people's very righteous sense of injustice and hurt and anger about the incident," said Patricia Barkaskas, a Métis associate professor of law at the University of British Columbia in Vancouver.

"They are doing a very poor job of communicating given the immense tragedy that has occurred."

Police last provided a public update on the fatal collision Oct. 1. It said there was no information to suggest the collision was intentional or connected to the planned event "at this stage of the investigation."

"Investigators continue to examine whether a medical emergency experienced by the driver before the collision may have been a contributing factor," said the Oct. 1 news release.

Police provide update on fatal Tsawwassen Mills collision

"Since the collision, investigators have gathered witness statements, reviewed available surveillance and other video evidence, and examined information related to the incident."

In a statement to CBC News on Friday, a Delta Police spokesperson said the investigation remains active, and investigators are continuing to review evidence and follow up on a number of aspects of the file.

"At this time, we do not have any additional information that we are able to release. We anticipate providing a further public update next week," said the statement.

The day of the crash, Delta Police said the incident was not related to the Truth and Reconciliation walk, and preliminary information indicated the driver may have experienced a medical emergency.

Barkaskas said due to the history of mistrust between police and Indigenous people when it comes to investigations into Indigenous deaths, the police should be making more of an effort to engage with the broader Indigenous community.

"There are obviously parameters on what they can share given an ongoing investigation if that is what's happening," said Barkaskas.

"Simply a reassurance that the investigation is ongoing and that they need more time, that they are following up on these leads, would be very helpful to people."

Tsawwassen Mills mall in Delta, B.C. (Ivanhoe Cambridge)

Tsawwassen First Nation released a video statement Friday on its Facebook page, thanking those who "showed compassion, support and generosity" to its community.

"What should have been a day of reflection became a day of heartbreak... our priority this week was to honour wilapiya Barb Joe and Virginia Splockton, by supporting them in the good way our culture teaches us," said Chief Laura Cassidy.

"We are in active communication with the Delta Police Department about the ongoing investigation and await the results," she said.

"Please reach out to them if you have any questions or information."

Over the past year, First Nations leaders have said anti-Indigenous racism is growing in B.C., due to reaction to the Cowichan decision and political rhetoric over Indigenous rights.

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There are heightened tensions around public event safety in Metro Vancouver after 11 people were killed by a driver last year at the Lapu Lapu street festival. In 2022, a driver struck several people with his vehicle during a memorial march for residential school survivors in Mission, B.C.

A white nationalist gathering at Tk'emlúps te Secwépemc land in Kamloops, B.C., on Sept. 27, also sparked safety concerns in the Indigenous community for National Day for Truth and Reconciliation events.

Cynthia Callison, a lawyer and Indigenous advocate who is a member of the Tahltan Nation, said the initial vague messaging from police on the driver's medical status in relation to the crash has left the community with questions.

"In the absence of any information or update from the Delta Police, it leaves the door open for people to come up with their own theories and conclusions about the events," said Callison.

"I think that that's been very harmful."

Callison said she wants a review of Delta Police's safety measures at the National Day for Truth and Reconciliation event at Tsawwassen Mills on Sept. 30.

"It was reasonably foreseeable that Indigenous people in British Columbia could be the targets of hostility and hatred," said Callison.

"We are awaiting the outcome of the Delta Police [investigation], but I believe that there should be a special prosecutor appointed, just given that justice needs to be seen to be done."

Delta Police did not respond to requests for comment on safety measures at Tsawwassen First Nation's National Day for Truth and Reconciliation event.

Edzi'u Loverin is a registered member of the Tahltan Nation and a member of the Taku River Tlingit First Nation. Based in xʷməθkʷəy̓əm, Sḵwx̱wú7mesh, and səlilwətaɬ territories, Edzi'u graduated CBC's Indigenous Pathways Program in 2024 and has reported in Vancouver and Winnipeg. You can email Edzi'u at edziu.loverin@cbc.ca with story ideas.