B.C. RCMP officer could spend 6 months in jail for obstructing justice in Gitxsan and Wet'suwet'en man's death

After a two-day audience, B.C. Provincial margaret court adjudicate Michael Fortino testament at present take a two-week period to weigh the evidence presented at a sentencing hearing for Prince George, B.C., RCMP officer Arthur Dalman, who was found guilty of obstruction of justice in 2024. 

Dalman was charged after the 2017 death of Dale Culver. The 35-year-old Gitxsan and Wet'suwet'en man died in police custody 29 minutes after he was arrested, following a struggle with multiple police officers.

Dalman was not involved with the physical altercation but was one of the officers tasked with securing the scene. He was found guilty of ordering a witness to delete a video taken at the scene of Culver’s arrest. 

Culver's death and its aftermath have been viewed by civil rights advocates and First Nations leadership groups in B.C. As a key test of the justice system's ability to hold police accountable. Of the five officers charged in relation to the events surrounding Culver’s arrest and death, Dalman is the only one to be convicted.

Crown prosecutors are seeking a six-month prison sentence for Dalman. 

“Obstruction of justice strikes at the fundamental values that underpins our society and the community as a whole suffers when this type of offence occurs,” said Crown prosecutor Cory Lo. 

He emphasized that when Dalman testified, his account was rejected by the trial judge and the court found that Dalman lied during his testimony. 

“A police officer occupies a privileged position in society and has a special duty to uphold the law,” said Lo. 

Dalman’s defence counsel are seeking a conditional discharge of 12 months, which means he would not have a criminal conviction on his record after a period of probation.

Defence lawyer Danielle Ching McNamee said because of a number of mitigating factors — including the five-and-a-half years between when the offence occurred and when charges were laid — Dalman’s sentence should be diminished. 

“I will say his actions were the result of an unrefined zeal for the job,” she said, noting Dalman had been a five-month recruit at the time of the offence.

“In the view of the significant pre-charge delay and the knock-on effect it had personally and professionally, as well as his level of experience as a junior officer at the time of the offence, a conditional discharge is a proportional sentence.”

The court heard victim impact statements from Culver's family including his daughter Lily Speed-Namox and aunt Debbie Pierre who spoke in court about the profound impact Culver’s death had on the family and their loss of trust in the justice system and the RCMP. 

“This has all forever changed my life and made me see the world a little bit differently. This entire experience has opened my eyes to how broken our justice system is and the lengths people are willing to go,” said Speed-Namox, who was 14 years old when Culver was killed. 

“Obstruction of justice is not a victimless crime. In this case it stole from our family the dignity of knowing the full truth of what happened to Dale,” said Pierre. 

“It prolonged our suffering, delayed our justice and deepened the trauma of losing a loved one in a violent and preventable circumstance.” 

Dalman also read a statement in court detailing his upbringing, his commitment to public service and the impact of the lengthy case on his life and career.

“During this prolonged period of uncertainty my career would remain in limbo and my reputation was irrevocably affected and my family lived under sustained stress," he said.

Dalman said following his charge approval, his family received credible death threats which caused them to relocate from northern B.C. He said because of the conviction he also lost out on the opportunity to become a full-time member of the RCMP’s Emergency Response Team, for which he was working for on a part-time basis while balancing general duties. 

He said because of the impact of sustained exposure to trauma, public scrutiny, and credible threats to his health and family, he made the decision to resign from the RCMP and transition into a career outside of law enforcement.

McNamee argued that Dalman will lose his employment opportunity if found to have a criminal record.

Justice Fortino said a date for the decision will be scheduled on Friday.

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