Search that found human remains in missing woman's backyard was lawful, B.C. court rules

Warning: This story contains details that may be upsetting to readers.

Newly published court documents shed more light on the investigation into a B.C. man who was charged with manslaughter and indignity to human remains in his wife's death more than two years ago.

Naomi Onotera, a teacher-librarian and mother to a young daughter was reported missing on Aug. 29, 2021. Her disappearance prompted a massive community search effort. In December of that year, authorities announced that Onotera's remains were found and that her husband, Obnes Regis, had been arrested and charged.

He has pleaded not guilty and is set to stand trial by judge alone later this year.

On Tuesday, the B.C. Supreme Court released its ruling in a voir dire hearing during which Regis argued his Charter rights were breached by the RCMP on multiple occasions during the first two weeks of the investigation.

While the judge found that Regis' rights had been violated in some instances, a search of the family's home during which cadaver dogs found human remains in the backyard two weeks after Onotera disappeared was deemed lawful.

THE INITIAL SEARCH OF THE HOME

Onotera was reported missing by her mother, Maureen, who called 911 and said she had not heard from her daughter since the previous evening.

"Maureen had reported it was out of character for her daughter to not be in contact, and she did not know why Mr. Regis had not reported Ms. Onotera missing," court documents say.

Onotera's mother also told police that she saw Regis leaving with the couple's daughter earlier but had not been able to reach him since. When Maureen went into the home, she told police she saw her daughter's purse, keys, and cellphone.

When police arrived roughly three hours after the 911 call, according to the decision, they were told by Maureen and Onotera's sister that they had both been inside the home and found no one there.

Justice Martha Devlin found that members of the Langley RCMP overstepped their authority when they entered the home without a warrant and searched it "multiple times" between Aug. 29 and 30.

The fact that family members had reported the home was empty, combined with the fact that there was no information about a potential risk to Onotera meant the police should have pursued "other reasonable alternatives" instead of conducting a search without a warrant.

"There was nothing in the 911 call or subsequent information to indicate that it was necessary to enter the residence in order to protect or otherwise assist Ms. Onotera, nor was it necessary to enter in order to investigate her disappearance," Devlin wrote.

HUSBAND RETURNS

At around 6:30 a.m. on Aug. 30, Regis returned home with his daughter, the court heard. At that time, he was handcuffed and put in the back of a cruiser. During the roughly 15 minutes he was detained, police admitted they did not grant his request to consult with a lawyer.

This, the Crown conceded, was a violation of Regis' Charter right to be protected from arbitrary detention, as well as a breach of his right to consult counsel.

When a supervisor arrived, the decision says, he was "shocked to see Mr. Regis sitting in the police car and immediately directed that he be released and his handcuffs removed," the decision says. At this point, the judge said, Regis was no longer being detained – rejecting his argument that he was unlawfully detained when he was taken to the police station and that he was being treated as a suspect during the five-and-a-half-hour interview that followed.

"I am satisfied that a person in Mr. Regis’s situation would reasonably perceive that he was free to leave," Devlin wrote.

"It is readily apparent from a review of the interview that the length was because Mr. Regis wanted to keep talking. Indeed, as discussed earlier, it was essentially a monologue by Mr. Regis. Neither the length of the interview, nor how it was conducted, support a finding that Mr. Regis was a suspect," she continued.

THE SUBSEQUENT SEARCHES OF THE HOME

On Aug. 30 and Sept. 13, respectively, police conducted two searches of the home with Regis' consent. Defence counsel argued, however, that this consent was not voluntary and informed, alleging that Regis was not told that he was being investigated as a suspect.

The judge disagreed, citing text messages and a signed consent form as proof that Regis knew what he was consenting to, prior to the Aug. 30 search. Devlin also described the interactions Regis had with officers after that search.

"It is evident from the exchanges between Mr. Regis and (the officer) that Mr. Regis was comfortable speaking to the police and assisting them with their investigation," she wrote.

"There is nothing to support the suggestion that the police considered Mr. Regis a suspect. The police were continuing a missing person investigation, not a criminal investigation, and Mr. Regis was viewed as a valuable source of information. Mr. Regis continued to be forthcoming with information and entirely cooperative."

On Sept. 13, a second search was conducted with the assistance of two police service dogs. Regis also consented to this search but his counsel argued that he was not explicitly informed that the dogs were cadaver dogs that were being brought in to search for human remains.

Again, the judge disagreed – upholding Regis' consent and rejecting the argument that he was being investigated as a suspect at that time.

"I am satisfied that Mr. Regis was provided sufficient information regarding the nature of the search," Devlin's decision says.

"Mr. Regis was informed that he was not a suspect. He was also informed that if a search located incriminating evidence, his status might change. At the relevant time, the police were conducting a missing person investigation and Mr. Regis was considered a witness who could assist the police in determining the whereabouts of Ms. Onotera. While the police may have considered the circumstances suspicious, that did not render Mr. Regis a suspect," Devlin said.

HUMAN REMAINS FOUND

Two days after the search with the cadaver dog, however, Regis was informed that he was officially considered a suspect in his wife's slaying.

The court heard that police brought two dogs to assist with their search of the property.

One of the dogs, PSD Kimber, is trained to "indicate olfactory detection of human remains by laying down, with feet front and low posture, as close to the article as she can," the court heard.

"In the northwest corner of the yard, near a collection of children’s toys, there was an electric mitre saw on the grass, plugged in via a cord to the house. PSD Kimber made an indication near the saw," the decision continues.

The dog's handler did not initially see anything in the area, but returned for a closer look after the dog returned and made another indication.

At that point, an officer located what he said believed was "Ms. Onotera or a piece of her skin" and then his colleague discovered additional "pieces of biological material in the grass near the mitre saw" and forensic testing indicated the likely presence of human blood.

At that point, officers called off the search so they could apply for a warrant and the Integrated Homicide Investigation Team took over the case.

A constable told Regis that he would have to leave the property but did not inform him of what was found.

"Mr. Regis said he was willing to dig up the yard to show that Ms. Onotera was not there. (The officer) also cautioned Mr. Regis that he did not need to speak to the police, but anything he did say could be used in evidence. Despite the caution, Mr. Regis told (the officer) that he had cut his hand on the saw two weeks earlier and that it had bled on the saw," Devlin's decision said.

Regis left the property and went to stay at a hotel the RCMP paid for.

That night, he called the constable again and "insisted on explaining" how blood got on to the saw.

The constable met with Regis in person on Sept. 15 and told him "he was no longer considered a witness in a missing person investigation, but was now a suspect in the murder of Ms. Onotera," the decision says.

Regis is due back in court on Jan. 16 for a further voir dire, according to the BC Prosecution Service.