Lawsuit alleges RCMP failures in shooting death of Rodney Levi

Rodney Levi's family allege in a lawsuit that failures by the RCMP led to his 2020 death, allegations the federal government rejects in a recent court filing which calls for the case to be thrown out.

The lawsuit, filed last year, claims the police force failed to adequately train and equip its officers.

Levi, of the Metepenagiag Mi'kmaq Nation, was shot twice in the chest by RCMP Const. Scott Hait on June 12, 2020, at a home about 15 kilometres west of Miramichi.

Witnesses at a coroner's inquest in 2021 testified the 48-year-old had two kitchen knives that he wouldn't release, even after being Tasered three times by Const. Justin Napke. The officers testified Levi moved toward Hait, who then shot Levi while the two were a few feet apart.

Levi's daughter, Shalisa Augustine, filed the lawsuit on behalf of 12 family members. 

Claim alleges policies weren't followed

The lawsuit alleges RCMP had a duty of care and failed to provide adequate training on de-escalation, use of force,and appropriate responses to mental health crises and the needs of Indigenous people. 

"The Defendants, Constable Hait and Constable Napke, failed to follow established policies, practices, and operational protocols, including with respect to clearing the scene, positioning, proximity to Mr. Levi, and the paramount principle of the protection and preservation of life," the statement of claim filed June 10 alleges.

The case seeks an unspecified amount of money. 

The lawsuit's claims have not been proven in court.

Defendants deny claims

The RCMP, represented by the Attorney General of Canada, deny the claims in a statement of defence filed Feb. 15.

It says Const. "Hait was acting in the course and scope of his duties as a peace officer and believed, on reasonable grounds, that the force used was necessary to protect himself and others from grievous bodily harm or death."

It goes on to deny negligence, saying RCMP officers were provided with appropriate instruction, training and support.

The statement of defence asks for the lawsuit to be dismissed. 

Levi had gone to pastor Brodie MacLeod's home on Boom Road where a family dinner was taking place on a deck.

The inquest has heard he appeared to be acting strange and had two kitchen knives in his hoodie pocket. Residents of the home, worried about Levi, called police .

When Hait arrived, he said the situation appeared calm and he tried to talk to Levi to persuade him to give up the knives, but he wouldn't. Hait testified Levi said he was suicidal, so the officer told Levi he would take him into custody under the province's Mental Health Act. 

The inquest heard Hait and Levi were less than 10 feet (about three metres) apart on the deck. Hait had his back to a house wall.

An expert on police use-of-force training and policies testified at the inquest that Hait and Napke should have cleared other people from the deck to protect them and that Hait was too close to Levi to use anything but his firearm.

Inquests are quasi-judicial proceedings that don't assign blame, but are meant to find ways to avoid similar deaths in the future.

A criminal investigation into the officers' actions concluded in 2021 without charges. Prosecutors determined the officers were acting lawfully to protect the residents of the home.

Levi's death came days after a police officer in Edmundston shot and killed 26-year-old Chantel Moore. 

The deaths of the two Indigenous people in New Brunswick sparked calls for justice by First Nations communities in the province and across Canada. They also led to calls for an inquiry into systemic racism in the New Brunswick justice system. 

Moore's family is suing the City of Edmundston, alleging it failed to adequately train and equip its police force.

CBC requested comment from the federal justice department about the Levi lawsuit. It directed the request to RCMP headquarters in Ottawa. Robin Percival, a spokesperson for the RCMP, said it doesn't comment on ongoing civil cases.

Alisa Lombard, the lawyer representing Levi's family in the case, said they have no comment at this time.