Letter from the Musgamagw Tsawataineuk Tribal Council
March 6, 2000

Chiefs and Councils
First Nations Summit
British Columbia

Dear Chiefs and Councils:

On August 13, 1999, Anthany James Dawson, a member of the Musgamagw Tsawataineuk died while in police custody in Victoria. We, the Musgamagw Tsawataineuk Tribal Council, which includes Anthany's family, want to find out why.

We thank the First Nations Summit for supporting us in our call for an independent public inquiry. We received an instant approval once your support was in place.

We thank all the First Nations who responded to Anthany's Mother's Plea for assistance in December 1999. At that time, many of you sent letters of support requesting that two of the five inquest jurors be of First Nations' descent. The Chief Coroner, along with the Attorney General granted this request and informed us that letters of support were received from places that they had never heard of!

This goes to show that together and united, we can make a difference.

Anthany's mother has stated that anything that we say or do will never bring her son back. But as a people, we must ensure that no person and family will ever endure pain such as this again.

Unfortunately, the death of Anthany is not new to us as First Nations peoples. We read with despair, the suffering and death of many First Nations people in Saskatchewan. And we have also heard of the death of a young man in the Yukon as well. We, the Musgamagw Tsawataineuk lost a member in 1995 when he was shot in the head while naked, by a police officer.

Our National Chief, Phil Fontaine has suggested that these issues around the police force and First Nations people could be the tip of the iceberg and likened it to the way the lid was blown off the residential school abuse issues that are now at the forefront.

Anthany's mother, Nancy Dawson has asked us to provide you with an update. The inquest has been postponed indefinately. The mother has been told that the police need more time to prepare for the inquest. Nancy has been denied the right to review the RCMP Investigation Report into her sons' death. In order for her to review it, she must sign a release promising not to discuss this with her sons' father, her sisters, or the media until after the inquest as it may cause speculation. We point out that speculation began before Anthany even died. The police reported that it was an "apparent heart attack" , the hospital and doctor speculated that it was an alcohol and/or drug overdose. When both of these assumptions were disproved, there was no retraction printed in the media.

In frustration and a total loss of faith in the system, Nancy has filed a civil suit in an attempt to ensure that this death is explained and to ensure that it does not happen again. We have considered criminal charges but are informed that the only people who can lay criminal charges are the police. With that in mind, we can rest assured that there will be no criminal charges laid. Anthany's family have now been subjected to all members of the justice system attempting to justify why the police used excessive force, including the coroner...No one is helping the family in this system.

While reviewing the autopsy reports, it was discovered, that Anthany's brain was removed from his body. Nancy had to have her lawyer locate his brain...it is at Vancouver General Hospital and can be picked up anytime was the answer she got. Is this the way all Canadians are treated? We had to contact the Chief Coroner in order to have anything done about this. We hope that his brain will be returned to his body soon. We hope to have his cremation soon. We hope to have this all dealt with soon. But it is getting difficult.

The police continue to inform the newspapers that Anthany died of an apparent heart attack. We find out more information from the news media than we receive from the coroner. We read that the new date for an inquest would be in April. When Nancy followed up with a phone call to the coroner she was told that this would not happen by then.

Nancy was told that we had to take into consideration the amount of time that the Police Chief needed to review the RCMP Investigation Report and to take into consideration the amount of time the RCMP lawyer needs to prepare, as well as the coroners lawyer. She was also told that she must take into the consideration the amount of time that the sheriff will need to serve summons to all the witnesses. As well, we must take into consideration the amount of time the jurors need to prepare for the time away from their regular tasks. Throughout all this, we ask, when will the system take into consideration the family's need for answers? When will the system take into consideration the Musgamagw Tsawataineuk's needs for answers?

Why is Nancy not kept informed of the progress in this inquest by the coroner? Why must we have to read about this in the newspapers? Why has this inquest been moved to Sidney despite Nancy lodged concerns about the difficulty of family and friends in obtaining transportation to Sidney. Why can't it be held in Victoria? Why aren't we treated in a fair and just manner?

We cannot help but wonder, if this situation was reversed....would there be such delays?

The Chief Coroner has asked the Regional Coroner to meet with the family's lawyer again, should we not receive an inquest date then we will need help by way of support letters from First Nations calling on the Attorney General and the Chief Corner to ensure that an inquest date is set for Victoria as soon as possible.

We also ask the First Nations Summit to ask the Assembly of First Nations for their assistance.

We have prepared a kit for you which consists of Nancy's press release of September 15, 1999 and the news column which Tehaliwaskenhas - Bob Kennedy of Turtle Island Native Network News has written. We gratefully acknowledge Tehaliwaskenhas for his hard work and we are eternally thankful for the assistance he has given Nancy. The Turtle Island News has their updates which began in September 15 (last page) and carries on with their updates to February 23 (front page). These updates explain some of the struggles that Nancy has endured. Please review this.

We will be at the Summit this week and would appreciate receiving your fax numbers so that we can call on you for letters of support should we need them again. We thank you for your support and your prayers. Gilakas'la. Yours truly,
On Behalf of the Musgamagw Tsawataineuk
Chief William Cranmer
Chairman


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