December 3rd, 2000
Recommendations arrive but Justice does not!
Family Disappointed but Determined
Further Action is Planned
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher, Turtle Island Native Network
www.turtleisland.org

The jury in the Anthany Dawson coroners inquest in Victoria, British Columbia has ruled his death was accidental. Perhaps to a fault, jury members followed the instructions from Coroner Diane Olson who reminded them this was "fact finding and not fault finding".

More than fifteen months after his death, a jury of two men and two women deliberated for more than twelve hours before bringing down recommendations directed at the police, hospital and paramedics --- calling for obvious improvements. (At the beginning of the inquest there were five jurors, but one of two Native jurors was released from duty early on because of medical reasons.)

Eight witnesses testified during the inquest about a police officer punching Anthany but the Coroner and the jury refused to address the specific issue of force or alleged brutality. Perhaps they did indirectly when they said a contributing factor in Anthany's death was how the police and paramedics restrained him. But because of 'wall-to-wall lawyers', the jury's hands were tied. As community member Alex Nelson said during closing remarks, "You did your best." His prayers were aimed at offering a healing message and encouraging people to move forward.

But the family is left with too many unanswered questions, and now wants a public inquiry. Already a wrongful death lawsuit against the police, hospital, paramedics and others, has been filed in the Supreme Court of British Columbia.

The Dawson family and the Aboriginal community believe there's been an obvious cover-up by 'the system'. Even John Orr, Coroner's counsel points out the Victoria Police Department has yet to do any internal review of the situation at all, and has not adequately addressed the family's concerns about racism and brutality.

What exactly happened to Anthany Dawson on Oak Bay Avenue? That was the key issue at this inquest. Or it should have been.

On that sunny but sad day August 11th, 1999 eight citizens who just happened to see Anthany on the road, saw a police officer walk up to Anthany and punch him in the head. While they varied as to whether Anthany was punched 1,2,3 or 4 times they were consistent that he was in fact punched.

While police lawyers lined up to try and discredit this evidence, it became clear that 8 people could not be mistaken. How could it be said that 8 people were mistaken and they all made exactly the same mistake?

The police officer later took the stand and testified that he did not punch Anthany at all. All 8 citizens were mistaken.

Against the 8 witnesses, the police officer's sworn evidence that he only decided to have contact with Anthany in order to help him, sounded more ironic than candid.

On the one hand he said he was afraid of on-coming traffic hitting Anthany. Then he said in cross-examination that he did nothing to try and stop traffic around Anthany.

But, ultimately, the fundamental question was never answered by this inquest: not by the Coroner, not by the jury. Were all 8 mistaken? Were all eight lying? Was the police officer lying?

Of equal importance was what the police didn't do when Anthany was known to be in intensive care after his cardiac arrest. Virtually no notes were made by the officer who had contact with Anthany. He did those several days later.

No thorough door-to-door canvas was done to discover exactly what citizens may have seen on Oak Bay Avenue.

As a result, 5 of the 8 citizens who saw Anthany punched were located by a private detective hired by the family. One was left to wonder what investigation would have happened if the family had not been so determined to find out the truth.

Should it be up to private citizens to hire their own investigators to find out what the police are paid to find out? What happens when the family doesn't have the resources or the information to immediately investigate for themselves?

Nancy Dawson wrote in a June 19th letter to the Premier of British Columbia and the provincial Attorney General, "My family and community have a great need to see an open and transparent process. This is especially true in light of the perception that the 'system' is stacked against us as Aboriginal Peoples." She never received an adequate response to her concerns, "I believe there is a need for timely, comprehensive information being made available to my family, the Aboriginal community, the media and the general public, in order to ensure that at a minimum 'justice is seen to be done'."

At the inquest much salt was rubbed into the wounds during testimony from the use-of-force expert who appeared on behalf of the police. Essentially he testified that it was OK to punch citizens in order to gain control over them. Such a wide range of forceful responses was "reasonable" with little regard to whether they were really necessary. Furthermore, arrestee safety was not part of the equation. Anthany's well being, his condition, himself as a human being seemed to be dismissed.

When one remembers that Anthany was laying there, ill, on Oak Bay Avenue when he was punched, it seems particularly cruel to refer to the police action as "reasonable."

The police behaviour toward its citizens was never fully resolved by this inquest. John Orr, is quoted in the local paper as saying the most disappointing aspect of the inquest was the "drawbridge mentality" of the Victoria Police Department when they came under public attack by the Dawson family. Orr said the police should have reached out to the Aboriginal community to try to undo the damage, and should have been "open and forthright and forthcoming".

Nancy Dawson's efforts to shine the light of justice on the Victoria Police Department must await the Police Complaints procedure --- another "foreign" process which is still available to the family.

Others have suggested there are better and more appropriate ways to do the right thing --- so we all can answer Anthany's question, "Why Did I Die?".

In a March 7th letter to the British Columbia Government, Union of BC Indian Chiefs President Stewart Phillip called for an independent investigation to determine "if human rights violations have occurred ... subsequently if it is deemed that police have violated the human rights of Anthany Dawson then appropriate charges must be laid at once".

The Aboriginal community has provided the Dawson family with an absolute commitment of support and will continue to watch as developments unfold. Others watch too because Anthany's question is not asked in isolation.

An international gathering of Warriors Societies this month in Kenora, Ontario will consider long term strategies to help our young people who are subjected to racism and abuse at the hands of authorities.