Winnipeg Free Press (Newspaper) - September 25, 2020, Winnipeg, Manitoba
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B 2 FRIDAY, SEPTEMBER 25, 2020 ● WINNIPEGFREEPRESS.COMNEWS I LAW & ORDER
NOTICE TO CREDITORS
IN THE MATTER OF THE ESTATE
OF: HARVEY BERGNER, late of the
Town of Stonewall, in the Province of
Manitoba, Deceased.
ALL claims against the above estate,
duly verified by Statutory Declaration,
must be filed with the undersigned at
their offices, 1700 - 360 Main Street,
Winnipeg, Manitoba, R3C 3Z3, on or
before the 30th day following date of
publication of this notice.
DATED at Winnipeg, Manitoba, this
21st day of September, 2020.
FILLMORE RILEY LLP
Attention: Johanna C.C. Caithness
Solicitors for the Estate
Legals
A seat on the Winnipeg Police Board
that has been open for several months
likely won’t be filled until November,
its chairman said Thursday.
Another councillor should be named
to the board that month when city coun-
cil traditionally holds an organizational
meeting to approve the membership of
multiple city committees, said Coun.
Markus Chambers.
The vacancy was created in July,
when Coun. Vivian Santos was denied a
required security clearance.
Chambers (St. Norbert-Seine Riv-
er) noted the board — which currently
has six mem-
bers — still
has a quorum
for meetings
despite the
vacancy. The
police board is
composed of a
minimum sev-
en and max-
imum nine
civilian mem-
bers, including
the chair and
vice-chair. A
minimum of
five and maximum of seven of those
members are appointed by council. The
province appoints the other two.
“Because the board is functioning
now… we would wait until the organ-
izational meeting that takes place in
November to appoint that individual,”
he said.
Santos (Point Douglas) revealed in
July that she was denied a Winnipeg Po-
lice Service security clearance, which
Chambers has said disqualifies her
from participating as a police board
member.
Global News has reported the rea-
son the security clearance was de-
nied is linked to a former friend who
was accused of trafficking cocaine.
Santos has said she has since cut ties
with the individual and didn’t know
about any alleged illegal activity. The
allegations have not been proven in
court.
The security check process has faced
criticism from some suggesting a con-
flict of interest exists in having the
Winnipeg police conduct background
checks for the board that oversees its
operations.
The city’s legal staff will review best
practices for police board screening if
council approves the study.
joyanne.pursaga@freepress.mb.ca
Twitter: @joyanne_pursaga
Police board
seat likely
vacant until
November
AUTOPSY backlogs are a sad symp-
tom of Manitoba’s stretched-thin sys-
tem, one health-care union says.
Bob Moroz, president of the Mani-
toba Association of Health Care Pro-
fessionals, said Thursday he wasn’t
aware of delays in conducting aut-
opsies in the province until families’
concerns were brought to light in the
Free Press this week.
However, he said, there have been
“whispers for quite some time. There
are backlogs across the system.”
“In this case, it’s very sad, but it’s
not terribly surprising,” he added.
There’s been a spike in autopsies in
recent months, Shared Health previ-
ously confirmed to the Free Press.
During the COVID-19 pandemic, there
is more of a need to conduct complex
death investigations, which must all be
completed in Winnipeg. That’s meant
delays of more than 10 days in a hand-
ful of cases.
Moroz said he feels for families who
have had to delay funerals as they wait
for autopsies to be performed, saying
it’s the result of chronic understaffing
across the provincial health-care sys-
tem. The union doesn’t represent path-
ologists in Manitoba, but counts more
than a dozen autopsy technical assist-
ants among its 6,600 members.
“When you see a situation like this, it
really, really comes to the fore,” Moroz
said. “That’s when Manitobans are
able to see just how thin our health-
care system is.”
The union has a regularly scheduled
meeting with Shared Health set for
today. Moroz said he plans to ask the
provincial health agency for answers
about the autopsy delays.
katie.may@freepress.mb.ca
Twitter: @thatkatiemay
Autopsy backlog linked to understaffing: union
AS a Manitoba cabinet minister re-
leased a report into sexual harassment,
bullying and misconduct in the civil
service, she said she didn’t know if any
of the allegations involved ministers or
their staff.
“All of that knowledge would be re-
ported through this channel, respectful
workplace health and safety, so I don’t
have specific numbers on the differ-
ent cases,” said Cathy Cox, minister
responsible for the status of women, on
Thursday.
For the second consecutive year, the
government reported a slight increase
in investigations into sexual harass-
ment complaints by civil servants.
There were 25 investigations in the
2019-20 fiscal year, a nine per cent in-
crease from the 22 recorded in 2018-19.
Of those, 20 were substantiated, a five
per cent increase from 19 a year ear-
lier.
Those cases resulted in disciplinary
action 10 times, mediation was required
twice, and the others ended with educa-
tion or training.
“We recognize that people are feeling
more comfortable coming forward to
report those incidents of sexual harass-
ment,” Cox said.
“It’s important that we see that those
numbers, while they are just a bit high-
er than last year, it’s because people are
feeling they can come forward in a very
safe environment to make those allega-
tions.
The report says the province re-
ceived 417 allegations that included
harassment, bullying, sexual harass-
ment or other forms of misconduct. Of
those, 288 were substantiated. On bully-
ing, there were 73 allegations, down
from 116 in 2018-19.
The provincial government is in the
midst of updating its respectful work-
place policy, which includes feedback
from employees. Cox said government
employees will have to take respectful
workplace training annually, rather
than just once.
The province updated its approach
to sexual harassment in government
workplaces in 2018, including releas-
ing yearly statistics and requiring re-
spectful workplace training for cabinet
and political staff, after several women
came forward with allegations of sex-
ual misconduct against former NDP
cabinet minister Stan Struthers.
The women alleged their complaints
about Struthers, who left politics in
2016, were never addressed.
Also in 2018, backbencher Cliff Gray-
don was kicked out of the Progressive
Conservative caucus over allegations
he asked two female staff to sit on his
lap, and suggested another lick food off
his face. Another woman alleged Gray-
don groped her at a party function.
Last year, a Tory member of the
legislature was given sensitivity train-
ing after he was found to have violated
the respectful workplace policy on five
occasions, including one in which he
phoned his assistant while he was in the
bathtub and another during which he
showed her a picture of naked women.
Rick Wowchuck was allowed to re-
main in the Tory caucus and was re-
elected in his Swan River constituency
in the 2019 provincial election.
malak.abas@freepress.mb.ca
Twitter: malakabas_
Province
releases
bullying,
harassment
statistics
A JURY has found Kane Moar guilty in the 2018 stabbing death of an inner-city group home manager.
Jurors deliberated less than six hours
on Thursday before convicting Moar of
second-degree murder.
Ricardo Hibi, 34, was stabbed to
death Dec. 17, 2018, after answering the
door to his McGee Street group home.
“We’ve got some kind of closure with
the verdict, but it’s not going to bring
him back,” said Candace Woloshyn,
Hibi’s fiancée and mother of their young
son. “There’s still all that pain and emo-
tion because I don’t have Ric here.”
The mandatory minimum sentence
for second-degree murder is life in
prison with no chance of parole for at
least 10 years.
Moar will be sentenced at a later date.
Security video at the group home,
played for jurors at trial, captured Hibi
slumping to the floor 12 seconds after
answering the door. Jurors were also
shown clips from more than a dozen
security cameras prosecutors allege
show Moar’s movements in the area in
the minutes leading up to and immedi-
ately following the killing.
In a video police statement played
for jurors, Moar’s sister, Trinity Moar,
told investigators Moar showed up at
the door of her home the afternoon
of the killing, with blood on his hands
and a knife in his pocket. He told her
he had “done something f---ing crazy”
and “messed up” her boyfriend’s “Asian
uncle,” Trinity Moar said.
Court heard Trinity Moar’s then-boy-
friend, also a witness at the trial, lived at
Hibi’s group home and had a history of
violence.
Moar wasn’t taken into custody until
Jan. 6, 2019, when police cadets ar-
rested him under the Intoxicated Per-
sons Detention Act. When Moar’s iden-
tity was confirmed, police seized his
clothing, including a black, North Face
brand winter jacket.
Jurors heard Hibi’s DNA was later
connected to the jacket and a blood
smear found on the front door of Trin-
ity Moar’s home.
Moar’s lawyers argued the DNA sam-
ples were contaminated and cast suspi-
cion on Trinity Moar’s then-boyfriend,
who they alleged she was trying to pro-
tect in her statement to police.
On Thursday, Queen’s Bench Justice
Vic Toews gave the green-light to start
deliberations, despite dismissing one
juror amid concerns he was exhibiting
COVID-19 symptoms Wednesday.
During the trial, jurors did not hear
Moar had been released from Stony
Mountain Institution just two months
before Hibi’s death — and just two
months after Moar was involved in the
killing of another inmate.
Moar was granted statutory release
after serving two-thirds of his sentence
for assaulting a man with a hatchet, de-
spite the fact Parole Board of Canada
officials had been provided notice he
was facing imminent arrest in the beat-
ing death of 25-year-old Adam Monias.
Moar and two other inmates pleaded
guilty to assault in the August 2018 at-
tack, and were sentenced in December
2019 to 18 months custody.
The three co-accused were originally
charged with second-degree murder,
but in a plea bargain agreed to admit to
the lesser offence. Court heard identifi-
cation would have been an issue had the
case gone to trial.
dean.pritchard@freepress.mb.ca
Guilty verdict in murder of group home manager
DEAN PRITCHARD
Jury reduced to 11 after COVID symptom concern; deliberates less than six hours
Ricardo Hibi (left) was stabbed to death Dec. 17, 2018. A jury found Kane Moar (right) guilty.
JOYANNE PURSAGA
MALAK ABAS
KATIE MAY
THE Winnipeg Police Board is be-
ing lobbied for several law enforce-
ment changes, including a call to
cut the Winnipeg Police Service’s
budget by 10 per cent next year.
The Police Accountability Coali-
tion, a group of more than 90 local
community-based organizations,
argues those funds should instead
be directed to supports for mental
health issues, addictions, and other
community needs.
The group is also calling for all
WPS interactions to be recorded
on body cameras, and for an end to
“carding, street checks, racial pro-
filing, and the use of facial recogni-
tion technology.”
Coalition member Louise Simban-
dumwe told the board Thursday she
came to Canada as a refugee and in-
itially trusted the local police force
before her experiences changed
that perception.
“Over the years, I’m really sad
to say that my trust in the police
service has been undermined and
eroded,” she said.
Coalition member Dorota Blum-
czynska told the board she works
with two young Black men at the
Immigrant and Refugee Commun-
ity Organization of Manitoba, who
reported being repeatedly and arbi-
trarily stopped by police when leav-
ing their jobs. Blumczynska said the
young men work late helping youth
connect with homework programs,
community centre offerings and
sports practices.
“(They) came forward to talk
about their direct, lived experi-
ence of being arbitrarily stopped,
of being carded, of being accused
of being in a vehicle they couldn’t
possibly have the means of owning,
of being questioned why they were
in the communities that they were
driving in at the hour that they were
driving at,” she said.
Blumczynska said the young men
took part in a meeting with the WPS
about the matter a year ago, but
were told Winnipeg police officers
don’t engage in such practices.
“We took the risk of leaning in and
sharing these tremendous points of
pain, and what we had the courage
to say was left at the door when the
service left our building,” she said.
WPS Chief Danny Smyth said he
doesn’t support arbitrary stops and
expects officers to treat all com-
munity members fairly. He said ten-
sions remain high for police officers,
amid calls to abolish the service,
with individuals recently following
and videotaping officers on the job.
“At times, it’s a grind for our
members and they’re doing their
best… but they’re faced with a lot of
stresses,” he said.
The police chief said he does not
believe such surveillance of officers
is linked to local Black Lives Matter
protests, which were held to oppose
police brutality and systemic racism.
Smyth said he welcomes the
chance for further discussions with
the coalition. He said he’s not sure
how to address other groups who’ve
declined to speak with police about
their complaints.
“There is a big difference be-
tween working as a partner in the
community, and then doing every-
thing you can to eliminate an insti-
tution,” said Smyth.
The police chief said he doesn’t
oppose police body cameras but isn’t
convinced the technology would of-
fer a “panacea” for all policing com-
plaints.
“I’m just not sure that the $8-mil-
lion to $10-million investment will
give us the benefit that we need,”
said Smyth.
Coun. Markus Chambers (St. Nor-
bert-Seine River), the Winnipeg Po-
lice Board’s chairman, said the dis-
cussion on reducing the WPS budget
is taking place just as rising crime
rates and the meth crisis increase
the demands on police.
Chambers said those budget pres-
sures make it difficult to determine
how police funding could be cut. He
said he does see a need to explore
how city council and other levels
of government can better fund non-
profit community support groups.
“We have to look at aligning the
services and the resources we have
to better meet the needs of the com-
munity,” he said.
joyanne.pursaga@freepress.mb.ca
Twitter: @joyanne_pursaga
JOYANNE PURSAGA
Coalition calls to redirect
piece of police budget
MIKE DEAL / WINNIPEG FREE PRESS
Chief Danny Smyth says he welcomes further discussions with the Police Accountability Coalition.
Coun. Vivian Santos
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