A provincial court inquest into the fatal Winnipeg police shooting of an Indigenous teen in 2020 will examine whether systemic racism played a role in her death.
A Winnipeg Police Service officer shot Eishia Hudson, 16, twice after a high-speed chase, which followed a robbery at the Sage Creek liquor store on April 8, 2020. One of the bullets struck her in the shoulder and lodged in her spinal column.
The Independent Investigation Unit (IIU) cleared the officer of criminal culpability in the shooting in January 2021. The officer, whose name hasn’t been released, said in a prepared statement to the police oversight agency during its probe that he feared the girl was driving at police to try to strike them. Five other officers were near the vehicle at the time.
Provincial court Judge Margaret Wiebe issued her written decision on the scope of the inquest on May 21 but it was released online Friday.
“Many questions have been raised about the cause, manner, and circumstances of her death. This inquest will endeavour to answer those questions and, in the result, make recommendations to prevent a similar death from occurring in the future,” said Wiebe in her written decision.
”To do so, it is important to examine the material circumstances holistically, and give consideration to the social and cultural context of Eishia Hudson’s life and how that impacted the cause, manner and circumstances of her death.”
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Eishia Hudson, 16, was shot and killed by a Winnipeg police officer in 2020.
Wiebe ruled the inquest will examine Hudson’s life and death, including the social and cultural context of her life; whether systemic racism played a role in her death; the use of force in the case and whether it was warranted; a report from the Manitoba Child Advocate’s office on Hudson; and social context evidence from First Nations Family Advocate Office.
Lawyers for Hudson’s family, the Winnipeg Police Service, the Manitoba Advocate for Children and Youth and the First Nations Family Advocate Office made submissions about what they believed the scope of the inquest should be.
All agreed the inquest should consider the context of Hudson being a First Nations youth, but the Hudson family’s lawyers, Danielle Morrison and Kris Saxberg, and Winnipeg police lawyer Kimberly Carswell disagreed about whether systemic racism in policing should be examined.
Hudson’s family took the position that an expert should provide evidence into whether structural or direct racism was a factor in her death.
Carswell said systemic racism in policing has already been broadly considered in a previous provincial inquest and it wouldn’t be necessary to look at it again. Carswell also argued an expert for the IIU would have already considered whether the shooting was driven by racism during that agency’s investigation.
“Eishia was identified as an Indigenous person during the incident with WPS on the day of her death. What effect or influence, if any, this had on the decisions and actions of the WPS will form part of the factual matrix of this case,” Wiebe decided.
“Notwithstanding the IIU may have looked at this issue, this case calls for an independent examination of the issue by an independent person with expertise in the subject of structural racism/discrimination and if possible, an expert who can speak specifically to the interactions between Indigenous persons and police.”
The child advocate’s office’s report, titled Memengwaa Widoodaagewin or Butterfly Project, reviewed and assessed the services provided to Hudson and her family. Part of the report focused on interactions between police and racialized youth and considers the benefits of widely accessible wrap-around services. The report will be entered as evidence at the inquest.
Wiebe said Hudson’s experience in the child-welfare system will also be important to understand.
The family advocate’s office will hold focus groups with Indigenous youth involved in the child welfare system who have had police encounters to discuss their experiences, then prepared a report, which will be presented at the inquest by a youth advisor, Wiebe decided. The family advocate will also have an academic prepare a report for the court on the perceptions and experiences of kids who’ve been in the child welfare and youth justice systems.
The judge said that evidence will help the court better understand how a teen like Hudson came to be in the situation she was in, and how her life experience may have affected her perceptions and actions the day of her death.
JOHN WOODS / FREE PRESS FILES
Police investigate the scene where Hudson was shot near the intersection of Lagimodiere Blvd at Fermor Ave., on April 8, 2020.
The shooting occurred near Lagimodiere Boulevard and Fermor Avenue. Hudson was behind the wheel of the vehicle with four teen passengers.
During the police pursuit, the vehicle crashed into multiple other vehicles, including at least one police cruiser.
The IIU said cellphone video of the shooting taken by an eyewitness was “the most crucial piece of evidence” in the case.
In his prepared statement submitted to the IIU, the police officer who fired the fatal shot said he was concerned about his safety and that of a fellow officer. He said he believed the teen was trying to strike officers with the vehicle.
After the watchdog’s findings were released, critics of the findings, including the girl’s family, Indigenous leaders and lawyers, denounced the agency’s findings, saying they thought the video contradicted the officer’s statement.
Inquests are called by Manitoba’s chief medical examiner, under the provincial Fatalities Inquiries Act, when a person has died due to use of force by police.
Inquests don’t assign blame, but the judge overseeing them may make recommendations to governments and agencies meant to prevent similar deaths from occurring in the future.
A date for the inquest into Hudson’s death hasn’t been set.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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