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Four years after her death, the family of Arlene Westervelt are demanding justice. When Westervelt's body was pulled from Okanagan Lake in 2016 it was reported as a drowning, but there were suspicions.
She had been canoeing with her husband Bert on a calm and sunny day when the boat overturned. Three years later Bert Westervelt was charged with murder in the second degree. Then in July of this year, Crown Counsel announced that the charges had been stayed.
Today, on what would have been the start of a preliminary hearing in the case, friends and family of Arlene Westervelt gathered outside the Kelowna courthouse demanding to know why.
A group of family, friends and co-workers held a banner that read "Justice for Arlene", as Debbie Hennig approached the microphones and cameras.
"Arlene's death shattered our family," said a grief-stricken Hennig, "she was my little sister." She was wearing a guardian angel pendant around her neck that Arlene sent to her father before her death. "It's engraved with the words 'protect us all', she told our dad she's coming home to us. She had booked her flight and sent me her itinerary and five days later she is dead."
The victim's family and friends say the rules of the court prohibit them from sharing some of the things they wish to say, but they are clear about one thing. They don't believe what police were told after Arlene's death.
"He said she disappeared into the lake and was gone," said Hennig. "We don't believe it. We have never believed that." She went on to describe her sister as an experienced canoeist.
"Today, we are asking one, simple question," said Arlene Westervelt's friend Deborah Johnston. "What happened to dismantle this prosecution?"
The BC Prosecution service is not providing a detailed explanation, except to say that decision was prompted by new information in the case.
"After carefully reviewing new information received relating to this matter," explained spokesperson Dan McLaughlin wrote in an email to KelownaNow, "Crown Counsel determined that the BC Prosecution Service's charge assessment standard was no longer met."
McLaughlin went on to explain that the standard to take a matter like this to court is that the case passes a two-part test.
First, there has to be evidence that provides a substantial likelihood of a conviction, and secondly, that proceeding is in the public interest.
"Where this test is no longer met," continued McLaughlin, "it is appropriate for Crown Counsel to direct a stay of proceedings."
The victim and her family are not satisfied with that answer. And they've hired former Alberta prosecutor, Anthony Oliver to help them press for answers.
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