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Should Fantino go?

The courts lifted a publication ban July 18 on evidence offered before an August 2007 preliminary hearing in the trial of Mohawk activist Shawn Brant. The following is excerpted from a letter by lawyer Peter Rosenthal.

An open letter to Premier Dalton McGuinty

Dear Premier, I am one of the counsel to Shawn Brant of Tyendinaga Mohawk Reserve. However, I am not writing in that capacity I am writ­ing as a resident of Ontario concerned about policing…

It is my opinion that OPP Commissioner Julian Fantino’s activities on the National Day of Action on June 29, 2007, his testimony at the prelim­inary inquiry and his [public] statements demonstrate that he has no re­spect for the recommendations of the Ipperwash Inquiry….

There are blockades and occupations by First Nations people in Ontario from time to time. Unless the head of the OPP understands and is committed to the principles established in the report of the Ipperwash Inquiry, there is a high probability that there will be serious violence…

Some members of your government have refused to comment on the allegations that Commissioner Fantino acted in contravention of the Ipperwash report, on grounds that “the matter is before the courts.”

That is incorrect. The case against Shawn Brant is before the courts (pre­trial motions begin September 2008 and trial by judge and jury in late January 2009). The question of how First Nations blockades should be policed is not. It was before the Ipperwash Inquiry for three years…

Your government expressed strong support for the report. The OPP indicated that they had learned the lessons of Ipperwash and would act very differently in future…

The evidence indicates that [during the National Day of Action block­ade] other OPP officers were be­­having in accordance with the rec­om­mendations, but Commissioner Fantino pushed in the opposite direction….

One of the essential recommendations of the report (number 11) was that the OPP should ensure the involvement of First Nation police services and mediators when responding to Aboriginal occupations (see in­sert). The evidence at the preliminary inquiry shows that this was indeed taking place on June 29.

However, Commissioner Fantino re­peatedly interrupted negotiations by calling Mr. Brant’s cellphone and threatening him…. It must be noted that Commissioner Fantino testified that he had sniper teams nearby as he was having these conversations, and that the OPP was close to moving against the blockade participants.

The point is not simply that a Commissioner of the OPP should speak more appropriately. The concern is that an OPP officer speaking like that in such a context could have derailed negotiations entirely….

Recommendation 9 of the Ipperwash report [dealing with cultural sensitivity], gives overall direction for policing Aboriginal protests (see insert). The evidence at the preliminary inquiry shows that Commission­er Fantino entirely disregarded that recommendation….

When confronted [with the document Framework For Police Prepar­ed­ness For Aboriginal Critical Incidents adopted by the OPP following the Ipperwash Inquiry], Commissioner Fantino responded, “There’s no­­thing in the spirit, the intent or the written word in this document that justifies criminal conduct, or that exonerates people from ac­coun­ta­bility for criminal conduct, or that absents me as a law enforcement officer from exercising discretion or using the authority bestowed upon me to effect a lawful purpose….”

It is my submission that all of his evidence at the preliminary inquiry demonstrates he does not understand or refuses to follow the recommendations from Ipperwash.

Those who are considered by police officers to have broken laws will be charged and tried. But whether or not First Nations protesters are break­ing the law, we want to avoid violence in policing a blockade….

The Ipperwash recommendations were not concerned with what the police would consider to be “lawful pro­tests” and did not involve what the police would consider to be “legitimate First Nations leadership.” The occupation of Ipperwash Park was the same in these respects as the June 29, 2007, 401 blockade…. The recommendations were meant to apply to such situations.

There are many other issues that arise from the preliminary inquiry… [including the use of OPP wiretaps, undercover officers posing as media, and why the Crown spent so much effort keeping evidence secret]… but in my view there is only one issue that requires immediate action by your government: is it safe to have Mr. Fantino remain as commissioner of the OPP?

FROM COMMISSIONER JULIAN FANTINO: “I am disappointed that this matter is being portrayed as something other than the successful negotiation and peaceful resolution of an intense and possibly volatile situation. Consistent with the recommendations from the Ipperwash Inquiry, the OPP continues to work collectively with legitimate First Nations leadership and communities to ensure that both the interests of participants during lawful protests and pub­lic safety can be served in the best way possible.”

FROM THE MINISTRY OF COMMU­NITY SAFETY AND CORRECTIONAL SERVICES: “We’re not about to comment on a matter before the courts. The minis­ter has every confidence in the Ontario Provincial Police to protect pub­lic safety. The minister does not di­rect the police in the exercise of their legally mandated authority.” – Tony Brown, for Minister Rick Bartolucci

IPPERWASH RECOMMENDATIONS

NUMBER 9: “Public order policing strategies should ensure they address the uniqueness of Aboriginal oc cupations and protests, with parti­cular emphasis on the historical, legal and behavioural differences of such incidents. Training should focus on the requirements for peacekeeping, communication, negotiation and building trust.”

NUMBER 11: “The OPP should ensure the involvement of First Nation police services and the assistance of First Nation mediators when it responds to Aboriginal occupations and protests.”

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