Aboriginals and the Justice System
"Wake-up Call Comes to Canada"

The Anthany Dawson Story
Mysterious Death - Delays and Too Many Questions
Native Politicians Turn Up the Heat
on Province's New Premier

News and Comment
by Tehaliwaskénhas - Bob Kennedy, Oneida

It's not that Nancy Dawson hates the police or wishes them any ill will, she just doesn't like to look at them. Witness this morning's turn of events, as she headed out to attend the local gathering marking International Day for the Elimination of Racial Discrimination.

As an aboriginal person, the significance of the day itself is enough to stir up her emotions, but as she arrives and spots the yellow jacketed police officers, she can't handle it. Nancy Dawson goes home. She begins to cry as she tells me about her morning, and then apologizes.

On August 13, 1999, Anthany Dawson, a member of the Musgamagw Tsawataineuk died while in police custody in Victoria. He was arrested at a busy intersection during rush hour. Witnesses said that one or more of the police officers punched him repeatedly, and put him in a headlock or choke hold.

The mother of Anthany Dawson quickly moves through another emotion. Now, with gusto she jumps in to join my latest information gathering efforts. "Sometimes it seems like I'm the last one to find out what's going on", she says with obvious frustration. It's one of a number of references to her dealings with officialdom since Anthany's death.

That's how it is when you deal with the 'system' --- a justice system that is not designed for, or by aboriginal people. But the wake up call has come to Canada, and it is loud and clear. In the wake of the outrage over the suspicious freezing deaths of two Aboriginal men in Saskatchewan, and the murders of two Metis women in Manitoba, Nancy Dawson is pleading with National Chief Phil Fontaine of the Assembly of First Nations, to shine the spotlight on her son's death as well as what has taken place in other parts of the country.

Fontaine was quoted as saying the recent revelations regarding the way Saskatoon police treated Aboriginals, is likely just the tip of the iceberg, and likened it to the way the lid was blown off the residential schools abuse scandal. The national chief said it is time for a full inquiry into Canada's justice system.

Anthany Dawson's death joins a growing list.

The Mounties' investigation into the Saskatoon police was the biggest investigation ever in the province. Their report is completed and is now in the hands of the justice department. In Victoria, the RCMP major crimes section investigation has been completed but the family still doesn't know the cause of death and still is left in the dark. More than six months since the tragedy, the question remains, 'What Really Happened to Anthany Dawson?".

The RCMP report has been handed over to the Victoria Police, the Coroner's office, the Attorney General's Ministry, but not Nancy Dawson. The family has seen two autopsy reports but neither is conclusive on what caused his death. Contacted by Turtle Island Native Network about the RCMP investigation and their releasing the report, Nancy Dawson was clearly upset. She wondered why "everybody knows about all this and not me".

Officials have offered to provide her with a copy of the report but she must swear not to make copies or discuss it with anyone. "Imagine!", she said. "Not being able to discuss it with my sister and others." She can't understand why it's not a public document, and besides, wouldn't the contents of the report need to be discussed publicly at the inquest? She stands firm and has refused to commit to any vow of silence. So, neither she nor her lawyer have seen the document that might shed light on the circumstances surrounding Anthany's death. They must wait until the coroner's inquest.

It was supposed to begin in January but it was cancelled and has not been rescheduled. When will it be held? Officials have said there will need to be six weeks of advance notice whenever the new dates are announced. The family's patience wears thin.

Frustrated by a lack of answers and apparent stonewalling by a seemingly cold and uncaring system, Anthany's mother has launched a lawsuit against the police, doctors, the hospital and the Government of British Columbia. She accuses them of being responsible for his death and alleges they were negligent.

Also, she is calling on the new Premier of British Columbia Ujjal Dosanjh to order a public inquiry. She tried to get him to do that when he was most recently the province's Attorney General, but she never received a response. Now she's hopeful something might happen because of the controversy stirred up in Saskatchewan and Manitoba over alleged police behaviour there.

When asked what she would say to AFN Chief Phil Fontaine if she had the opportunity, she quickly replied, "We need some help here"!. But Nancy Dawson is not alone. Dozens of letters were sent to the government, demanding that when the inquest is called, at least two of the five jurors be aboriginal people. That request has been granted.

Anthany was a member of the Musgamagw Tsawataineuk Nation, a well-known and respected Native artist. He was initiated as the Hamatsa for the family, the highest rank of the potlatch system. His community is supporting the family and has lobbied the First Nations Summit and asked if they can also get support from the Assembly of First Nations.

"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", said Chief William Cranmer. "We, the Musgamagw Tsawataineuk lost a member in 1995 when he was shot in the head while naked by a police officer", he added. Chief Cranmer has raised concerns that the inquest has been delayed and may be held outside of Victoria, making it difficult for family and friends.

Likely Nancy Dawson's strongest ally to arrive on the scene this month is the Union of BC Indian Chiefs. The Union's president, Chief Stewart Phillip has written a letter to the Premier that begins, "I am writing to express my deep concern and sense of outrage over the ongoing delays that BC's so called justice system continues to visit upon Nancy Dawson, the mother of the late Anthany Dawson." Phillip goes so far as to call it another obvious case of police brutality, along with racist attitudes harboured by the police.

One thing is for certain, this story only gets worse. Nancy Dawson was stunned to learn that her son's brain was missing for awhile. It was removed during the first autopsy and went missing and wasn't with the rest of his remains. Upon hearing of this recent revelation, Chief Phillip was left livid, "What type of policies and procedures exist that allow such an instance and is it only native people who are treated with such contempt and a total lack of dignity?"

Where is the dignity? Where is the respect? It seems these questions are at the very heart of the matter whenever aboriginal people clash with the system. The Union of BC Indian Chiefs believes it may have to do with human rights violations.

Chief Phillip wants a full investigation, "I am respectfully requesting that, as the leader of the NDP party and the Premier of this province you immediately have the Attorney General undertake a thorough investigation of police brutality, racism and discrimination against Aboriginal people within BC. I respectfully request that the investigation be conducted by a non-police agency. Furthermore, this investigation must be broad in scope, inclusive and far reaching. I also wish your government to determine if human rights violations have occurred and subsequently if it is deemed that police have violated the human rights of Anthany Dawson then appropriate charges must be laid at once."

It is the letter's ending that sums up best what we are facing, and the severity of the concern within the aboriginal community over the death of Anthany Dawson, "Let the killing of First Nations people be stopped and let us put an end to the covert racism within this countries institutions of power."

[Tehaliwaskénhas - Bob Kennedy is the editor of Turtle Island Native Network http://www.turtleisland.org ]

CLICK HERE TO READ THE LETTER FROM THE MUSGAMAGW TSAWATAINEUK TRIBAL COUNCIL TO THE FIRST NATIONS SUMMIT

As previously Reported By Turtle Island Native Network
UPDATED
February 23, 2000
Victoria, British Columbia

The RCMP major crimes section investigation has been completed into the death last August of 29 year old Anthany Dawson, a member of the Musgamagw Tsawataineuk Nation. But the family still doesn't know the cause of death and still is left in the dark.

The RCMP report has been handed over to the Victoria Police and the Coroner's office but not the family. In fact, the family hasn't even seen the original police report. Nancy Dawson, Anthany's mother has seen two autopsy reports but neither is conclusive on what caused her son to die while in police custody.

Contacted by Turtle Island Native Network about the RCMP investigation and their releasing the report, Nancy Dawson was clearly upset. She wondered why "everybody knows about all this and not me". The Mounties have offered to provide her with a copy of the report but she must swear not to make copies or discuss it with anyone. She can't understand why it's not a public document, and wouldn't the contents of the report need to be discussed publicly at the inquest? She is consulting with her lawyer.