February 5 -- Gary Weaver's Initial Segregation
In accordance with standard procedure after an incident of this kind,
a lock-down was announced and all prisoners were ordered to return to
their houses. Also as part of standard procedure, a search was conducted
involving the visual scanning of prisoners for marks such as cuts or abrasions
that might indicate involvement in an assault. Shortly after 10:15 p.m.,
Officers Heck and Miller came into the house in which Gary Weaver resided,
F-7. In his habeas corpus affidavit, Mr.
Weaver described what happened.
At approximately 10:15-10:25 p.m. I was sitting at
the kitchen table in F-7. CO-II Heck and CO-II Miller entered the house.
They told me to remove my clothing so that my body could be inspected
for wounds, as is the normal procedure when an inmate is assaulted. I
did this, and Mr. Heck inspected me from the waist up, using his flashlight.
He saw a small scab on my right wrist which had pink, dry scar tissue
on it. He stated that it looked "fresh" and that I would be taken to SCU
[the Special Correctional Unit] for further examination. He also noticed
faded black ink stains on my shirt and said that it looked like blood.
He then left to check upstairs. I asked CO-II Miller if CO-II Heck was
"for real," and showed him how old the wound was. When I asked him why
he didn't stand up to CO-II Heck, he asked me to be patient and to co-operate
since they had a major incident to deal with. He said that I would be
examined at SCU and probably would be back in a couple of hours. He allowed
me to get a cigarette to bring with me. (Affidavit of Gary Weaver, April
1, 1999, para. 18)
Upon arrival at the segregation unit, Gary Weaver and prisoner Scott
Carter -- also taken to segregation on the basis that he appeared to have
recently inflicted cuts; he claimed they were old punching-bag wounds
-- were placed in the indoor exercise room. Within minutes of their arrival,
the two prisoners asked to see a nurse so that a medical professional
could confirm there were no fresh cuts on their bodies. They were told
someone would be down to see them shortly. The two prisoners also sought
to exercise their legal right to make a phone call to their lawyers. Despite
repeated requests, they were not allowed to make those calls until 3:50
a.m., five hours after they were taken to the segregation unit. During
this period a phone was readily available, and there was no other prisoner
movement within the segregation unit that would have made facilitating
legal calls impractical.
At around 3:30 a.m. on February 6, Gary Weaver, who had gone to sleep
on the floor of the exercise room in the segregation unit, was woken up
and told that the RCMP wanted to interview him. He agreed to the interview
but requested that he be allowed to contact his lawyer to seek advice.
He was permitted to make a phone call and spoke to a Vancouver Island
criminal lawyer. Having done so, he went into the interview room. When
Mr. Weaver was first seen by the RCMP, Ken Williams, the IPSO, was also
present; after Mr. Weaver agreed to talk to the police Mr. Williams offered
to leave, but Mr. Weaver asked him to remain during the questioning so
he could "hear the truth first hand."
Gary Weaver gave the RCMP the following account of his activities on
the previous evening. At around 8:50 p.m. he had phoned Lama Margaret
Ludwig, and he had been on the phone with her until around 9:30. The length
of the phone call was not unusual; in addition to meeting with Lama Margaret
on her twice-weekly visits to the institution, Mr. Weaver spoke to her
on a regular, sometimes daily, basis by phone. Their conversation on the
evening of February 5 covered Mr. Weaver's reaction to his first pass
into the community and his plans for his second pass, which would involve
participating in a meditation service with Lama Margaret at the Buddhist
Centre in Victoria. His phone call ended when another prisoner, George
Storry, came into the F-Unit Community Building to phone his wife. Mr.
Weaver and Mr. Storry were regular users of this phone, and they had a
courtesy arrangement in which each of them would cut short his phone call
when the other person came in to use it. After finishing his phone call
to Lama Margaret, Mr. Weaver went into the laundry room in the F-Unit
Community Building. He took his clothes out of the washer, where he had
placed them before getting on the phone, and put them into one of the
dryers. He then left the F-Unit Community Building to return to his residence
in F-7. Mr. Weaver was dressed only in a shirt and light pants. Although
it was a cold night, he had no coat because it was only a short distance
between his house and the Community Building.
Upon returning to F-7, he met three other prisoners outside, Kenny Sutherland,
Scott Carter, and Kevin Sims, who had come from their residence in B-2
to borrow some tobacco. Mr. Weaver invited them in. Shortly thereafter
they were joined by another prisoner, Ron Perras. At the time Mr. Weaver
and his friends entered F-7, two other residents, Ray Bouchard and Robert
Scott Terry, were inside watching a film on television that had begun
at 8:00 p.m. Mr. Weaver, Mr. Sutherland, Mr. Sims, Mr. Carter, and Mr.
Perras were at the kitchen table drinking coffee until around 9:40 p.m.,
when another prisoner, Chris McCullough, came into F-7 and told everybody
that a prisoner had been attacked and there would likely be a lock-down
of the institution. Mr. Weaver and several of the other prisoners then
left F-7 so that Mr. Weaver could pick up some cigarette tubes at B-2,
where the other prisoners lived, before the lock-down came into effect.
On the way they stopped at the C-unit Community Building and peered into
the office window, where they could see Curtis Caziere slumped in a chair.
At that point, Officer Heck told the prisoners they should return to their
units, and Gary Weaver and the others complied.
At the end of his interview with the RCMP, Mr. Weaver was asked to hand
over his clothes so they could be checked for blood stains. He took off
his clothes, with the exception of his underwear, and was given institutional
coveralls in return. These clothes, including his boots, were the same
ones he had been wearing from the time he got dressed on Friday morning.
After the completion of his interview with the RCMP, Mr. Weaver was
given a Segregation Placement Notice which stated that he was being placed
in segregation pursuant to s. 31(3)(b) of the CCRA,
on the basis that there were reasonable grounds to believe "that the continued
presence of the inmate in the general inmate population would interfere
with an investigation that could lead to a criminal charge or a serious
disciplinary offence." Mr. Weaver was not given any information to explain
these "reasonable grounds."
At 4:50 that afternoon Mr. Weaver was released from segregation and
told to return to his unit in the general population. He was given no
reasons verbally or in writing for his release. He assumed correctional
authorities had checked out his story and accepted the truth of what he
had told them about his whereabouts at the time Mr. Caziere was assaulted.
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