Inquiry results disappoint friends of Frank Paul

Crown Prosecutors in the Frank Paul Inquiry have been absolved of bias and improper conduct for their decision to not lay charges on two Vancouver Police officers in connection to the Mi’kmaw man’s 1998 death.

The announcement, which was released by the Attorney General June 22, brought a close to the Frank Paul Inquiry headed by Commissioner William H Davies.

The news also brought disappointment to First Nations leaders that say the case was fraught with racism and ignorance.

“The family of Frank Paul, First Nations in British Columbia, and the public at large, have waited for the final report of the Davies Commission in the hopes that the Commission would fully explore all perspectives of the tragic circumstances that led to the death of Frank Paul. We are disappointed that based on the final report of the Commission, it is apparent that Commissioner Davies chose to accept the evidence of various Crown counsel when substantial evidence presented by the legal counsel of participating parties strongly suggested that he should be wary of doing so,” said Grand Chief Edward John of the First Nations Summit Political Executive, in a statement following the announcement.

“It remains our belief, founded upon the evidence, that charges should have been brought forward in this case. We are disappointed the Commissioner chose not to issue a finding of whether charges should have been laid.”

“It [the final report] represents a terrible injustice to the family of Frank Paul and Aboriginal people in general,” said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs. He echoed John’s comments that charges should have been laid.

On Dec. 5, 1998, 47-year-old Frank Paul was picked up for public intoxication by Constable David Instant, a VPD rookie who was still on probation at the time. Paul was taken from Vancouver’s eastside and driven to the Vancouver police station.

But soon after being brought to the police department, Cst. Instant, under the request of Sergeant Russell Sanderson, dropped Paul off in a Vancouver alley at approximately 9 p.m. Paul was found dead in the same alley in the early morning hours of Dec. 6, 1998. The coroner’s report stated Paul had died of exposure, due to intoxication and hypothermia.

The two officers involved in the case were never charged and a public Inquiry into the officer’s involvement with Paul the night he died began.

In December 1999, after a criminal investigation into police actions, an investigation that the commissioner’s report says was “in many ways inadequately preformed”, Crown Counsel advised the VPD that criminal charges would not be laid.

The initial inquiry left unanswered questions for the Paul family and their supporters.

“We ran into this issue of questioning why there weren’t charges laid against the officers,” said Phillip.

Another inquiry into the actions of the Crown prosecutors in the Paul case began in 2010. This time the review was focused on the former Crown prosecutors, now judges. The Supreme Court of Canada ordered that the Crown testify and a review be made into whether the prosecutors’ close working relationship with police was a conflict of interest in the Paul case.

“They [Crown] weren’t prepared to acknowledge the systemic disparity and racist practices in the criminal justice system,” said Phillip.

“It was the first time ever in the history of the province of British Columbia that Crown Council was required to give testimony,” he said. “We definitely felt that it was a major breakthrough,” he said.

But the inquiry took its toll on supporters.

“It took a lot of time and it was difficult for the family of Frank Paul,” Phillip said.

But he says that despite the outcome, the decade-long fight for justice in the Frank Paul case was a testament to the resolve and ongoing fight for dignity and respect of Aboriginal people.

There needs to be an appreciation for the very long struggle of those who brought the pressure to bear,” acknowledged Phillip.

“It was a relentless, ongoing campaign,” he said. “It was a very committed group of individuals and organizations that lobbied and advocated for a full public inquiry,” he explained.

While Frank Paul’s death was a tragic one, Phillip said it didn’t have to be in vain. However, he says the decision in the final report does nothing but cast a dark shadow of discrimination over the case.

“The way the inquiry presented itself was disappointing”
“We had a public opportunity to address the systemic racism and disparity that exists, and that opportunity was lost in the final report,” Phillip said.

“There’s an issue of racism for sure,” agreed David Dennis, president of the Frank Paul Society.

“We felt there was enough evidence that charges should have been recognized,” he added. “Obviously it was a bit concerning for us.”

But while authorities investigating the case have been cleared of wrongdoing; criticisms and a total of nine recommendations were made by Commissioner Davies in the final report. One suggestion includes the implementation of a sobering centre for Vancouver and another would limit the possibility of a conflict of interest when charges are considered against police.

Davies said that in the likelihood of a conflict of interest, charge assessments [decisions concerning prosecution] should be assigned to a private, external body and not the Criminal Justice Branch.

But while First Nations leaders remain hopeful that the recommendations, if implemented, will provide reform, they are also voicing their frustration over a flawed justice system.

“In the end there is no question that the system failed Mr. Paul,” Jody Wilson-Raybould, Regional Chief of the Assembly of First Nations, said in a statement. “The Vancouver Police Department failed to safeguard his life, services for the homeless were severely lacking and most significantly, the police investigations were fundamentally flawed. We are hopeful that the Attorney General’s office will implement the recommendations contained in the final report and continue to implement recommendations contained in the 2009 interim report to ensure this tragic event is not repeated in the future,” she stated.

Dennis said the Frank Paul Society has a mandate to ensure the suggestions outlined in the report get implemented.

“We’re here to make sure the recommendations go through and to honor the memory of Frank Paul,” he said.

“The BC Civil Liberties, Vancouver Coastal Health, the Vancouver Police Department and the RCMP are all in support of creating a sobering centre,” said Dennis. “But the province hasn’t stepped up to issue funding,” he adds.

“We’re not going to rest or stand down until the recommendations are complied with and implemented,” Phillip added.

“Never again will we allow someone to die such a lonely and cold death as Frank Paul.”