The parents of a Cape Breton teen who died 24 years ago say they have run into yet another roadblock as they continue to search for answers about his death.
Clayton Miller was found face down in a brook days after police raided a party in New Waterford, N.S. in 1990. He was 17 at the time of his death.
Miller’s mother and father, Maureen and Gervase, recently applied for documents, under Access to Information, about the RCMP investigation that eventually cleared local police of any wrongdoing in his death.
However, they were told many of the documents have been destroyed. Instead, they received an incomplete set of documents and an emailed explanation from the officer of the information commissioner.
“In his email, he sent a copy to our lawyer and a copy to us, stating that Clayton’s documents from 1990 to the year 2000 were destroyed,” says Maureen Miller.
The documents included witness statements and much of the evidence pertaining to the case.
In the email, the information commissioner’s office says that, in 2000, the documents were stored in an electronic file that would automatically delete the files after two years.
The Millers say they were never told that would happen.
“We don’t think it’s destroyed at all and we hope that when it gets to court, whoever’s in charge there will force the authorities and/or government to give us the information,” says Gervase Miller.
The Millers say they are considering taking their fight to court. Their lawyer, Ray Wagner, says he too is baffled by the inconsistencies in the case.
“One possible action, of course, is judicial review to determine exactly what happened, why it happened, and what has been lost,” says Wagner.
A spokesperson for the information commissioner says there is an ongoing investigation pertaining to the Miller matter. However, she wouldn’t answer specific questions, saying the information commissioner is bound by law to conduct investigations in private.
The Millers say that only leaves them with more questions.
“Investigation into what? When did it commence? Who ordered it?” asks Gervase.
“Knowing what we know, it would drive us crazy not to fight Clayton’s case,’ says Maureen.
They say the latest developments will only further motivate them to keep fighting for answers.
With files from CTV Atlantic's Ryan MacDonald