Whitehorse Daily Star

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STRENGTHENING THE JUSTICE SYSTEM – Dennis Cooley, the deputy minister of the territorial Justice department, Justice Minister Marian Horne and RCMP Supt. Peter Clark (left to right) face the media during this morning's news conference in Whitehorse.

Policing review fails to mollify opposition

A review of policing in the Yukon is not good enough,

By Jason Unrau on April 22, 2010

A review of policing in the Yukon is not good enough, say opposition parties, and not soon enough for Raymond Silverfox, nor his family and friends who gathered Wednesday outside the territory's courthouse where a coroner's inquest into the man's death in RCMP cells December 2008 is ongoing.

Silverfox was the fourth aboriginal person to die in RCMP custody in the Yukon in 10 years. Last month's trial and acquittal of two police officers charged in March 2009 with raping a woman in Watson Lake have also tarnished the police's credibility in the territory.

And there are questions of why it has taken so long for the government to act.

Following Silverfox's death, then-NDP member John Edzerza – who crossed the floor in October to rejoin the Yukon Party government – demanded a public inquiry. When he suggested the police were practicing "systematic prejudice” in dealing with first nations people in cells, Premier Dennis Fentie rebuked Edzerza, calling the McIntyre-Takhini MLA's comments "an outrage.”

But revelations from the Silverfox inquest – that police let the 43-year-old Carmacks man, who vomited 26 times while in custody, lay in his own vomit for more than 12 hours without medical attention – have lawyers for the deceased man's family making similar allegations.

When confronted with Yukoners' concerns about law enforcement during question period on April 12, Justice Minister Marian Horne rebuffed NDP member Steve Cardiff's questions on communications, if any, her department had with local RCMP in the wake of the sex assault case that riled women's groups.

Instead, Horne listed moneys directed at victims of crime initiatives, then insisted she could not talk about the case because it was still before the courts; the jury delivered its not-guilty verdict March 16.

A day later, Horne appeared to change her tune and a press conference at Whitehorse RCMP headquarters was tentatively scheduled that afternoon where the Justice

minister would announce "a Review of Policing in Yukon.” Then it was cancelled.

On Wednesday, Horne introduced a motion to the legislature urging the government to conduct a policing review; opposition parties call it little more than a gesture in light of the debate which unfolded.

"Why wouldn't the government just issue a press release and say it's doing it?” asked Liberal house leader Gary McRobb. "Why bring it to the floor and shut out any

suggestions on how to improve the motion.”

Both McRobb's and NDP Justice critic Steve Cardiff's efforts to include more non-governmental organizations – particularly those whose staff and clients have direct

interaction with police – were voted down.

Cardiff called the review panel's membership, to be co-chaired by deputy Justice minister Dennis Cooley and Yukon RCMP Supt.Peter Clark, "very, very government-heavy.”

In the legislative assembly's lounge this morning, Cooley, Horne and Clark made the policing review official.

Clark acknowledged the trial of two officers accused of sexual assault and Silverfox's death in RCMP cells "tested the confidence” citizens had of their police force.

"This is disappointing to us and it shakes the trust of those we serve,” Clark said.

New Democratic Party Leader Liz Hanson believes it was evidence heard at the Silverfox inquest that finally spurred the government to act.

"It's an about-face,” Hanson told the Star. "It became clear that situation with Mr. Silverfox was so damaging, they had to do something to make it look like they were

responding.”

But Horne denied it was the Silverfox inquest that pushed her government to respond, more than a year after the fact.

"Everything takes time, everything must follow due process,” said Horne. "Do not lose the relevance of what we're doing together ... this is a precedent-setting action that

we're taking.”

But to date, the only public agency taking any action has been the RCMP. Constables Graham Belak and Shawn McLaughlin were acquitted of sexual assault charges laid in Watson Lake, but now face internal disciplinary hearings and punishment could include termination from the force.

Today, Clark told media the RCMP "M” Division based in Whitehorse has submitted a report on Silverfox's death to the Commission for Public Complaints Against the RCMP.

The force is also taking "disciplinary action” against one officer, Clark noted. According to testimony at the Silverfox coroner's inquest, Const. Geoff Corbett is under a code-

of-conduct investigation for his role in the incident.

Asked why the government voted down motions to include more non-government agencies, Horne said the motion already included them.

"They will be part of the review committee,” the Justice minister declared. "We don't have the actual details of the actual people who are sitting on that committee yet.”

During Wednesday's debate on Horne's motion, Cardiff's amendment to include aboriginal women's and youth groups was rejected by the ruling Yukon Party government, as was McRobb's amendment to include community justice groups.

Horne expects the panel's report by September 2010.

Like the Yukon government's 2006 policing review, and coroner's inquests, the upcoming review and subsequent report will contain non-binding recommendations.

Comments (1)

Up 0 Down 0

Nile on Apr 22, 2010 at 9:50 am

Gary McRobb. "Why bring it to the floor and shut out any

suggestions on how to improve the motion.”

Probably because you would have turned it into a circus show with no results.

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