Justice inquiry tackled prejudice, unfair treatment against Natives

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This is part two of a two-part series continuing from Aug. 2

To recap: A judicial inquiry in British Columbia uncovers the poor state of relations between Natives of the Cariboo-Chilcotin region, and all levels of the justice system there. One on-going issue is the problems created through the legacy of residential schools.

With that for an emotional foundation to face later life, a little contextual light is thrown on the relations between Cariboo-Chilcotin Natives and the justice system.

"Everybody feels the impact of them (residential schools), even if they didn't attend," says Joan Gentles, Chilcotin spokesperson for the Native testimony steering committee.

As conflicts with the law became more frequent it soon became obvious something concrete would have to be done to deal with the situation.

The idea of an inquiry to look into the situation first arose in 1989 but instead of an inquiry the bands west of the Fraser River got the Nenqay Deni Yajelhtg Law Centre. The name means "the people of the world speak" in the Chilcotin language.

It was established to provide legal counsel to the six Chilcotin and one Carrier villages west of the Fraser. Gentles, who helped start the centre, was initially positive about the program.

The problem with the law centre was that funding only allowed for one legal council to be hired.

At the insistence of their lawyer, the justice council set up a meeting last year with Colin Gabelmann, the attorney general of British Columbia. The justice council is made up of Gentles, Francis Laceese and Marvin Alexander. They are charges with co-ordinating the operation of the law centre.

After the meeting, Gabelmann appointed retired Provincial Court Judge Anthony Sarich to look into the situation in the Cariboo-Chilcotin. Sarich, after an extensive investigation, recommended a public inquiry looking into all levels of the justice system in the Cariboo-Chilcotin.

Gabelmann agreed and appointed Sarich to head up the inquiry.

The purpose of the inquiry, as stated in its terms of reference, "is not to initiate disciplinary action against any individual or group". Rather, it is to investigate allegations of unfair treatment, prejudice and the use of unnecessary force; determine the circumstances under which these allegations were made and make recommendations to rectify the situation.

The inquiry began December 8, 1992. Originally, the inquiry was to travel to four reserves in the Cariboo-Chilcotin to hear testimony from Natives, with Judge Sarich presenting his final report in spring of 1993.

As it became clear the Natives would be making detailed complaints about the RCMP, the legal aid society and other aspects of the justice system, the "road show", as Marion Buller, the Commission Counsel called it, grew. And they realized the inquiry would need more time.

At one point, a former RCMP officer, Jim Greyeyes, sought to have the inquiry halted the Supreme Court of B.C. He feared revelations of his past behavior would be damaging to his reputation.

While waiting for a decision, Judge Sarich wrote a private interim report and made a request to have the inquiry deadline extended. He was granted the extension and Greyeyes' request was denied the Supreme Court.

A good number of cases heard the inquiry are complaints against the RCMP. They range from excessive use of force to cruel and unusual treatment.

In one case, Williams spoke about one case where a young man was handcuffed to a narrow bridge for hours. The bridge was used huge logging trucks and the time he was released from the bridge the man was scared witless.

Supt. Stan Wilcox, head of the Prince George detachment of the RCMP, is co-ordinating the RCMP's response to the inquiry.

'I represent the client, being the Mounted Police. I provide instructions to those lawyers. I also assist the lawyers in terms of developing and preparing information that is going to be presented to the inquiry," says Wilcox.

Wilcox's posiion is not an enviable one. He, as the representative of the RCMP, is the target of a considerable amount of vitriol.

"You must remember," says Wilcox, "the mandate of this isn't just the RCMP, it's the justice system."

True enough, but as the front-line troops of the justice system they, for the most part, carry out the dirty work and are the mostly easily targeted.

Consider as well the fact most RCMP officers have no concept of the circumstances of Native life in the Cariboo-Chilcotin and you have the potential for a complete breakdown in communications between the two communities.

"We can't let uneducated...RCMP officers from all over Canada come and be popped into an Indian community...with only two weeks of what a Native is in their training and be expected to adapt," says Williams.

Marion Buller, the commission counsel, believes that the charges of racism and excessive use of force being leveled against the RCMP are the symptoms of a communications breakdown.

"There is certainly work to be down both sides in understanding what the other side is about," says Buller and she adds," there is work to be done the Native people to understand the justice system. There is a lot of work to be done the justice system to understand Native people and their values."

Wilcox admits that "the nature of the complaints coming forward there are obvious problems."

He also agrees with Buller.

"I don't think that we are looking for any panacea, don't think one exists, there is a lot of hard work that needs to be done."

So where does that leave the Commission?

Well, according to Williams, with one more week of testimony to be head. So the catharsis continues.

Cathartic is how many observers have interpreted the testimony to date.

"I suppose another reason for the commission going ahead is one of venting. Natives getting these things off their chests and out into the open where they can be examined and dealt with," says Wilcox.

Buller, too, thinks the inquiry is a helpfl exercise.

"It has been helpful for a lot of people to come forward and tell stories that have been pent up inside them for a lot of years. There has been a bit of a healing process."

Joan Gentles, the native spokesperson, would like to see that healing process continue. She realizes that with everybody's dirty laundry fouling the air at the inquiry something will have to be done to clear the situation.

The Cariboo-Chilcotin group has three main requests.

First, they would like to see Natives trained for police duty so they can patrol their own people. Supt. Wilcox, of the RCMP, has indicated they will co-operate fully in this respect, offering their facilities and knowledge in training Native officers.

Secondly, they would like to discipline their own people when they commit a crime.

"What we need to do is develop some more meaningful penalties and I think we can turn over the penalty giving to the elders of the tribal council," asserts Williams.

Thirdly, people who will be dealing with Natives in the justice system have to be better trained. They must be prepared to deal with another culture that has been treated poorly the white justice system in the past, he said.