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The aim is to ensure that Nancy Dawson, Anthany's mother is satisified that enough is being done, and will be done, to prevent such things from happening to others.
This mediation process replaced the previously planned court action that has been discontinued in the hopes an interest-based approach will bring justice.
There was a coroner's inquest but it did not produce justice. It did help to shine the light on a system that needs to change.
- - - - - - -
Previously reported . . .
November 2004 - The civil suit was postponed again. Now it is supposed to take place in June 2005. Nancy Dawson and her sisters Yvon and Carole have not stopped pursuing justice for Anthany Dawson.
August 11, 2003 - Nancy Dawson, family and friends, with the support of Victoria, BC's aboriginal and non-aboriginal community, gathered today for what has become an annual memorial walk, in remembrance of Nancy's son Anthany who died in police custody. The walk begins at 4pm, leaving Stadacona Park - Belmont and Pandora Streets - and then to Bank Street. The walk is described as a peaceful celebration of Anthany's life. The walk will be followed by a potluck meal at 5:30 pm at 102 Moss Street. Anthany Dawson, a member of the Musgamagw Tsawataineuk died four years ago after police apprehended him with force. During a coroner's inquest, eight independent eyewitnesses testified they saw a Victoria police officer punch or strike Anthany. Although the inquest ruled his death accidental, many questions remain unanswered. The family failed to persuade the government to order a public inquiry. However, a wrongful death lawsuit is proceeding, but the family still will not have their day in court until the fall of 2004.
ANTHANY DAWSON MEMORIAL WALK - Monday, August 11, 2003
Leave Stadacona Park, Belmont and Pandora Streets - 4:00 pm sharp to Bank Street
Join Anthany's, Mother and Family, as they celebrate his life with a peaceful memorial walk - ALL WELCOME - PLEASE BRING FLOWERS.
First Nations drummers and singers especially welcome. Potluck - 5:30 pm - 102 Moss Street, Victoria, British Columbia
NOTE - Anthany's mother Nancy says the civil court case launched by the Dawson family will take place in the fall of 2004.
Finally!
October 8, 2002 - "The Anthany Dawson case is not closed," says Nancy Dawson with great emphasis and emotion, in response to mainstream media reports hailing the vindication of police officers. The news stories were spawned by jubilant Victoria Police reacting to a decision by the Acting, BC Police Complaint Commissioner H. Benjamin Casson not to review the previous commisioner's decision to reject the request for a public inquiry into Anthany's death. In a letter to the family's lawyer, Adrian Brooks, Commissioner Casson said he had the benefit of a legal opinion that he could reconsider the decision of the former Commissioner Don Morrison. ( the person raked over the coals in public in front of a committee of the legislature. Staff and others accused him of heavy handed tactics and being too cozy with police)
Casson wrote there was no compelling need to reopen the decision, not on grounds recognized by the law. "I do not consider your perceived flaws or perceived lack of public confidence in the decision-making process of the former Commissioner to fall within the category of -grounds recognized by the law-."
Casson said he did review the file because "I believe that Mrs. Dawson deserves every possible consideration." So having said that, he concluded, "Considered as a whole, the evidence of witnesses as to their observations of events involving members of the Victoria Police Department and Anthany Dawson does not reveal misconduct on the part of the members of the Victoria Police Department that would justify ordering a public hearing."
Nancy and her lawyer both point out that this of course flies in the face of the facts that eight separate witnesses testified they saw the motorcycle policeman hit Anthany Dawson. In an interview with Turtle Island Native Network, his mother Nancy made it clear she intends to pursue the civil lawsuit against the police and others, "They said they had an independent review of the officers and cleared them. But the RCMP who investigated, never even took witness statements. Those who said they saw Anthany hit were not considered."
Click HERE to Read the Letter Click HERE to read Nancy Dawson's letter Unjustly Taken
"The system wants us to forget! There was a gathering and march Sunday August 12, 2002 to provide public reminders, but mostly to remember Anthany Dawson, a member of the Musgamagw Tsawataineuk. "This event is not about blaming or trying to find out who is accountable for young Anthany's premature death. It is about celebrating his life. Anthany has left an incredible legacy of art work, his words of wisdom, his humor and now an open window of how our judicial system and our outlook of racism, needs to be corrected," exclaimed Rose Henry, an aboriginal community activist with the Capital Region Race Relations Association.
It was three years ago that Anthany Dawson was apprehended with force by Victoria, BC police. A coroner's inquest later revealed he had suffered from a rare illness - one factor that likely contributed to his strange behaviour - running wildly through the streets - prompting police action. Anthany was officially declared dead two days later. The police and BC authorities washed their hands of any wrongdoing. But it was the heavy-handedness by the police that sparked a loud outcry from Anthany's family and the Aboriginal community, demanding a public inquiry. During the inquest it was revealed by eight independent witnesses that a police officer had not only used force but had punched Anthany Dawson.
The memorial walk that began at Stadacona Park was held to remember Anthany and to retrace his own path from the park down Oak Bay Avenue to Davie and to the scene where Anthany was apprehended.
While an inuqest jury ruled his death accidental, his Aunt Yvon Gesinghaus said "many questions remain unanswered, including the police use of force - the inquest raised more questions than it answered."
Rose Henry, a human rights activist is among the outspoken members of the community demanding justice, but also calling for healing for the family and community, "For his community he has left them an opportunity to get a head start on an illness that many of his community may not have known that they could have. For many people here in Victoria, Anthany left a little bit of himself in each and everyone of us who had the privilege of meeting. For his mother and father he has left them with the strength and all the endearment they will need to seek out the answers to the questions about his passing and why he had to die."
While they continue to press the BC Government to call a public inquiry, the family has launched a wrongful death lawsuit.
August 12, 2002 - The provincial Police Complaints Process basically has been issued a clean bill of health by a BC Government Legislative Committee review. However, the committee's latest report outlines recommendations that followed advice it received from witnesses during its public hearings, including the need for more public accountability of the process when someone requests a public inquiry. The report recommends that section 60 of the Police Act "be amended to require that the Police Complaint Commissioner provide written reasons for denying a request to order a public hearing."
This is something that would have helped the family of a young Aboriginal man who died in police custody after being apprehended with force by Victoria Police. The family of Anthany Dawson requested a public inquiry into what they called his wrongful death. But the Police Complaint Commissioner rejected their request but never provided any detailed information why.
The Second Report of the Special Committee to Review the Police Complaint Process said the existing police complaint process is a good one, but also recommends that the Office of the Police Complaint Commissioner work to improve public confidence in the process through community outreach and greater use of informal resolution procedures. The report also recommends something else of interest to Aboriginal peoples, something that previously was recommended by the Oppal Commission that investigated policing in BC "all persons receiving and informally resolving complaints will be trained to convey information clearly in a friendly, non-intimidating manner; follow sound practices of dispute resolution; be sensitive to complainants' cultural backgrounds; and treat all complainants respectfully, including marginalized persons."
Anthany Dawson's death had an impact on the Aboriginal community as a whole, but also individuals like Gordon DeFrane who wrote the following short story and personal commentary as his remembrance of Anthany Dawson.
Swimming With A Merman: Being Indian is supposed to be OK. We even celebrate National Aboriginal Day once a year now.
He shot from the water as if from a cannon then fell back making a big sssploosh. Then, laughing, he was airborne again. Three more times, my friend Vincent shot from the water, his squeals of joy rising above the sounds of the other swimmers in Crystal Pool.
When Vincent bobbed again on the surface, a 'merman' broke the surface and came up beside him. Until that moment, I had never seen a 'merman' up close. This one had jet-black hair that swept across his shoulders. His eyes were a deep hazel and sparkled with mischief. His face was moon-shaped, his head atop broad shoulders enhanced by the pectoral muscles draped around his chest. His nipples stood erect in the cool pool water, brushed with fine dark hair that invited touch. Below the waterline, the
vision blurred. I looked for a tail . . . where was his tail?
Vincent climbed atop this Merman's shoulders. "Hey Gordon, this is my uncle Anthany," he said, twisting the hair of the Merman. I smiled and greeted the vision that stood before me. Water sluiced from his body in tiny rivulets, tracing and following the muscles stretched across his frame.
The Merman held out his hand; I took it in greeting and never wanted to
let go.
"You're Carol's friend, aren't you?" the Merman asked. The Merman disappeared beneath the water, carrying Vincent with him.
They next appeared at the top of the water slide, and then they spiralled down the tube, Vincent first, the Merman close behind. I watched to see a tail unfold.
That's how I met Anthany Dawson, my first Merman, swimming in Crystal
Pool. It turned out that I knew him through his aunt, who was my best friend Carol. He was the only son of Carol's sister, Nancy Dawson.
Anthany was an artist, a son, a nephew, and a friend worth knowing. He
was also of Kwaguilth ancestry, which made him a member of the Canadian
indigenous community, something that isn't so unusual. Being Indian is
supposed to be OK. I mean, we even celebrate National Aboriginal Day
once a year now, and parade (or are paraded) out before our Anglo-European neighbours, saying, "Look at us. We're no different from you and we are proud to be Indians too." There are a lot of feel-good statements, and we gather at picnics, feasts and other social gatherings to remember that we are Indian Peoples. We also remember that we are living in an occupied land.
I suppose since contact, the mixing of blood and ancestries would mean just about every aboriginal society has roots that grow together with that of the Anglo-European cultures. That's how hybrid family trees are made. But being first nations also means that first people are first only when it comes to -taking our land, taking our resources, taking our culture, taking our lives.
Anthany Dawson's life was taken from him and his family on August 11, 1999, in Victoria. He died while being apprehended by members of the Victoria City Police force, joining the ranks of aboriginal people whose lives were not valued by those in authority.
We are first only when it comes to taking our lives.
Remember Dudley George and the Ipperwash scandal? On September 6, 1995,
Dudley George, a Chippewa from Stoney Point, Ontario, became the first indigenous person this century to be killed in a land rights dispute in Canada. Odd how history repeats itself. It was only last century that the Beotuk of Newfoundland and Labrador were bounty-hunted into extinction.
Remember, we are first only when it comes to taking our land.
Another example of injustice perpetrated against first people in Canada happened in The Pas, Winnipeg. Helen Betty Osborne, 19 and an aspiring teacher, died on November 12, 1971. She was raped and beaten to death. The town covered up the murder of just another "Indian."
We are first only when it comes to injustice and using the system against us. Not long ago, just last century, the BC. Government prohibited aboriginals from accessing the legal system. This year, Premier Campbell and attorney general Geoff Plant realized that they couldn't use such bold tactics, and so decided to use democracy against us. They introduced a "democratic" referendum to decide the futures of aboriginals in BC
About 36 percent of British Columbians participated in the Referendum on Aboriginal Rights and Freedoms. However, the other 64 percent of the province's voters chose not to. Yet the Liberals will ignore this silent majority, working instead with the Liberal mathematics formula that says 80 percent of 36 percent equals a majority.
Remember, First People are first only when it comes curtailing our inherent rights and freedoms. That day at the Crystal Pool, Vincent and I watched the Merman swim and dive all afternoon. We watched muscle and sinew sing together as he dove again to the bottom of the pool and then used his powerful tail to surge to the surface and leap high above us. On the fourth such dive, Vincent and I watched as the Merman prepared for another feat. He winked at us just before he disappeared below the surface. Two minutes passed. We peered into the water's depths. We saw that mighty tail kicking back and forth in the deep water. The Merman looked like a missile let loose from a submarine. He shot up from the bottom of the pool, then burst forth once more and flew into the air.
May 28, 2002 - A new window of opportunity has opened for Nancy Dawson and her family in their efforts to get a public inquiry to look into the death in police custody of Anthany Dawson in August 1999.
In the wake of the resignation of Don Morrison as BC's Police Complaints Commissioner, the Dawson's see a glimmer of hope and intend on pursuing their demand for an inquiry when a new commissioner is appointed.
Anthany's mother Nancy and his aunt Yvon Gesinghaus were among the many people in the Aboriginal community keenly interested in the recent revelations that came from testimony at a legislative committee reviewing the police complaints process. Morrison's staff were highly critical of the way he conducted business, and a contract lawyer for the commission had specific concerns he raised about Anthany Dawson's death and the death of Frank Paul, a Mi'kmaq man who froze to death in a Vancouver alley. Both died in police custody, but Morrison refused to agree to hold a public inquiry into either case.
In a news release in response to Morrison's resignation, Nancy Dawson said "We hope that the Police Complaint Commission can now carry out their mandate. It is the hope of Anthany's family that all people, regardless of color or culture will be treated in a fair and just manner."
A number of things continue to fuel the family's fight for justice, including what transpired at the coroner's inquest. Eight witnesses testified they saw Anthany choked and or punched by a Victoria police officer. Officers at the scene didn';t bother to make formal notes, nor did the police interview witnesses - not until the family's lawyer hired a private investigator to get to the bottom of what happened to Anthany.
The RCMP Special Investigation Unit stated that they had conducted a thorough investigation and found no fault, even though they had not interviewed the police officers involved with Anthany. Nancy Dawson also wants to know why summer students were assigned to review her son's files, if as Commissioner Morrison claimed it was a high profile case.
The family believes another thorough review is imperative - this time including all the information.
May 27, 2002 - The man supposed to be the watchdog over the police in British Columbia has quit. After weeks of attacks on his way of doing business, Don Morrison resigned and a provincial committee reviewing the police complaints process in BC accepted the resignation immediately. Morrison was the chairman of the police complaints commission, a body that has come under fire by members of the Aboriginal community for failing to call public inquiries into the deaths of Aboriginal people in police custody. Morrison was heavily criticized by his own staff for being too cozy with the police, and for using heavy handed tactics in the operations of the commission. One case that a lawyer testified should have been further investigated involved Mi'kmaq Frank Paul who froze to death in an alley after being arrested and released by Vancouver police. As well, the family of Anthany Dawson who died in police custody in Victoria, testified before the legislative committee condemning Don Morrison's refusal to launch an inquiry. They pleaded for changes in the system that would allow for a public inquiry into Anthany's death in August of 1999.
April 18, 2002 - Revelations about serious problems with BC's Police Complaints Process has prompted Nancy Dawson of Victoria to issue a plea to the Government of British Columbia to reconsider her request to hold a public hearing into the death of her son Anthany. He was apprehended with force by Victoria police in August 1999. While an inuqest jury ruled his death accidental, many questions remain unanswered, including the police use of force. Eight witnesses testified they saw a police officer punch or choke Anthany. The family was led to believe that because there remained serious questions that there in fact would be a public hearing.
In light of recent revelations by lawyers, past and current staff about the Police Complaints Commissioner, Nancy Dawson believes there exists an opportunity to bring justice into play by following up on the circumstances surrounding her son's death. The family points to testimony at a committee reviewing the police complaints process suggesting Commissioner Don Morrison's relationship with police and his so-called racial indifference in the case of Anthany Dawson, and also that of Mi'kmaq Frank Paul who died in a Vancouver alley, but public inquiries were rejected by Morrison in both cases even though other staff had concerns.
Recently the Musgamagw Tsawataineuk Tribal Council again called for a public inquiry into the death in police custody of Anthany Dawson.
UPDATE - April 16, 2002 UPDATE UPDATE Dawson Family Will Sue Police BACKGROUND ON LAWSUIT Dawson Family Outraged Where is Justice BC Police Complaints Commission "Anthany was in great pain and was moaning and groaning Family's lawyer appeals Victoria police chief's decision Musgamagw Tsawataineuk Tribal Council Chiefs Express Outrage Victoria City Police chief says officers will not be disciplined First Nations Summit Joins the Call for a Public Inquiry Family and Chiefs Renew Demand for Public Inquiry "I went to the hospital chapel and made deals like never before. I prayed for Anthany to recover, to come back to us." ...Anthany Dawson's aunt Yvon speaking to a gathering in Toronto, May 4, 2001. "The Truth is Out There"
from the Police Complaint Commissioner
to the family's lawyer
( note .. this is a .pdf file )
to the Police Complaint Commissioner
October 9, 2002
( note .. this is a .pdf file )
- - - - - - -
Those words are seen under a photo of Anthany Dawson
the week of August 12, 2002 in the Victoria Times Colonist,
In Memoriam section.
-------
The Anthany Dawson Memorial Walk
August 11,2002
Victoria, British Columbia
Click Here for Start of Slide Show
I believe the silent majority wants us to press on."
August 12, 2002 Interview at Stadacona Park
Yvon Gesinghaus, Anthany Dawson's aunt
Nancy Dawson holds her heart as she leads the march.
To the left are her sisters Yvon and Carol
Frances Dick sang and drummed the Hamatsa taming song
the last one that Anthany danced to during a ceremony back home
Yvon Gesinghaus stood with her sisters Nancy and Carol as the march arrived near the scene of Anthany Dawson's crisis and where police apprehended him, "Three years ago today Anthany lay here. All he needed was assistance into an ambulance. If he had been treated fairly, he would have been brought to the hospital and would be alive with a pulse and blood pressure today! Witnesses saw that he was having a seizure while the police punched him and sat on his stomach with his hands handcuffed at his back. He was put into the ambulance with no blood pressure or pulse. We asked ourselves why then. We ask ourselves why still today."
After the march, they gathered for a meal back at Stadacona Park
As aunt Yvon said - to celebrate Anthany's life
and to recall happy memories of the great things he brought to us all
With a kick of his tail, he leapt into another life
By GORDON DE FRANE
August 2002
"Uh--uh yeah, I am," I replied.
"She told me you guys were here. So I thought I'd come join you.
Come on
Vince, let's go on the water slide," the Merman said.
Reaction to Committee Testimony
about Police Complaints Process
Musgamagw Tsawataineuk Tribal Council
Calls for Public Hearing
Aunt Yvon Tells Her Story to Special Committee
April 11, 2002
October 3, 2001
October 3, 2001
October 3, 2001
by Complaints Commissioner's Decision
October 2, 2001
ask Musgamagw Tsawataineuk Chiefs
October 2, 2001
has refused to order public inquiry
October 2, 2001
BACKGROUND
COMMISSIONER'S DECISION RE: ANTHANY DAWSON
AND AN APPLICATION FOR A PUBLIC HEARING
October 1, 2001
POLICE ACT REVIEW AND INVESTIGATION
INTO THE DEATH OF ANTHANY DAWSON
and holding his head. He needed medical attention.
A police officer may have punched him in the head
and may have restricted his air flow.
Why can we not have this issue addressed?"
Tribal Chiefs Demand Public Inquiry
August 30, 2001
not to discipline officers
August 27, 2001
August 13, 2001
August 13th,2001
Family and Community Supporters Hold Memorial
August 11th, 2001 Report
July 30,2001
July 19, 2001
Toronto, Ontario - May 5th, 2001
March 6, 2001, Chief Willie Moon, Musgamagw Tsawataineuk Tribal Council
Anthany James Dawson
September 21, 1969 - August 13, 1999
Mysterious Death of Native Artist
Family, Aboriginal Community Await Answers
Excessive Force? Racism?
Victoria Police Face Probe
Family Still Wants Public Inquiry
News and Comment
by Tehaliwaskenhas - Bob Kennedy,Oneida
Turtle island Native Network
http://www.turtleisland.org
"We are unable to begin our journey of healing without finding out how he died." The powerful words of Chief Willie Moon, Musgamagw Tsawataineuk Tribal Council sum up the feelings of Anthany Dawson's people.
Victoria City police will be investigated for their role in the arrest and restraint of Anthany who died in August of 1999 after police apprehended him.
The latest investigation (there already was one by the Mounties that exonerated the local police of criminal wrong doing) was ordered by the British Columbia Police Complaint Commissioner. This process will probe whether there was excessive force and racism involved in police action when they arrested and restrained Anthany.
Not good enough! The family wants a public inquiry and that still might happen. BC's independent police commissioner can call for such an inquiry but is awaiting an internal police report ... not the sort of open process the family has been fighting for since the Coroner's inquest last year when eight witnesses testified they saw a police officer punch Anthany.
The family of Anthany Dawson and the Musgamagw Tsawataineuk Tribal Council continue to press the BC Attorney General to hand over the transcripts of the coroner's inquest, something they have been denied, without explanation.
In a March 6th letter to Attorney General Graham Bowbrick, Chief Willie Moon explains that many members are developing the perception that Anthany was mishandled by the police and are now more wary of anyone in uniform than ever. "Many members may never be able to achieve closure in the loss of their relative until they find out what really happened."
Their needs seem to be basic and reasonable. "In a sudden death such as Anthany's we would expect that the justice system would commit themselves to providing as much information as they possibly could for the relatives of Anthany as a means for addressing closure", wrote Chief Moon.
The Dawson family has been told repeatedly they would have to pay for the inquest transcripts, estimated to cost more than twelve thousand dollars. Chief Moon's words should be enough to move provincial authorities to reconsider their position, "We are unable to begin our journey of healing without finding out how he died."
Last December, the jury in the Anthany Dawson coroners inquest in Victoria, British Columbia ruled his death was accidental. Recommendations were directed at the police, hospital and paramedics to make improvements. But still, there are too many unanswered questions and the family and community continue to call for a public inquiry.
There are many compelling facts in this case that warrant closer scrutiny that only a public inquiry can provide. For example, eight witnesses testified during the inquest about a police officer punching Anthany but the Coroner and the jury refused to address the issue.
As they await the outcome of this latest 'in house' investigation, the Dawson family and the Aboriginal community contend there's been an obvious cover-up by 'the system'.
Recommendations Arrive - but not Justice!
- Click here for details
- December 3, 2000
Accidental death ruling - Jury's Findings and Recommendations
- Click here for details
- December 1, 2000
Family's Recommendations
- December 1, 2000
What Can be Done Now?
Click Here
An Editorial Perspective by Tehaliwaskenhas - Bob Kennedy, Oneida
Coroners jury has heard all the testimony.Click here for details
- November 30th, 2000
Now it will hear from the coroner and then deliberate before presenting its findings and recommendations.
Family Alleges Police Cover up in death of Anthany Dawson
-- Click here for details
- November 29th, 2000
Ambulance staff/police testify Click Here for Details
- November 29th, 2000
Click here for details - November 28th, 2000
Off duty sheriff and police officers testify at inquest about how they handled Anthany Dawson, restrained him, cuffed him and.......
Click here for details - November 25th, 2000
Victoria police chief and police officers show up at coroner's inquest to support fellow officer who is subject of more testimony - another woman testified she saw Constable Sheldon sitting on Anthany's chest and punching him twice. She was so sickened that she turned away and went home - the aggression was too much, she testified.
Click here for details - November 24th, 2000
The coroners inquest adjourned when the Native juror became ill during testimony about Anthany Dawson. The inquest was hearing about an eyewitness account of the use of force by Victoria City Police.
Click here for more details - November 23, 2000
Witness recalls words of police officer who used force with Anthany Dawson, "When I tell you to fuckin role over! You role over!"
Click Here for more details - November 22, 2000
At the Victoria, BC coroner's inquest, another witness testified he saw a policeman use a strangehold and punch Anthany Dawson in August 1999. Family and Aboriginal community point out that no-one has testified that Anthany was being deliberately violent or aggressive against anyone ... but it is obvious he was suffering and needed medical attention.
Click Here for more details - November 21, 2000
Police brutality testimony at Anthany Dawson inquest in Victoria, British Columbia. Prior to his mysterious death - several witnesses say they saw a motorcycle cop punch the young Native artist in the head. The Victoria Police lawyer tried to prevent testimony from being read into the record but the coroner ruled against him.
Click Here for more details - November 20,2000
Testimony from Doctor Bonnie Gleason suggested Anthany couldn't have been punched because she saw no signs of it ... no necessary bruising.
Click here for CBC Report - November 20th
Click here for
Jody Paterson 
Victoria Times Colonist
- November 17th and 18th, 2000
Click here for more details
November 17th,2000 and Previous Reports
Click here to read the CBC's report - November 14th, 2000
Inquest Reconvenes - November 10th Notice
August 11th, 2000
The Last Walk
A Painful Journey
A Walk along the Trail of Troubles and Tragedy
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and Editor of Turtle Island Native Network
www.turtleisland.org
"We're going to take that last journey where our boy was walking along one year ago today and he fell ill and he sought help and he was denied that"......Yvon Gesinghaus.
Walking together, drumming, singing and offering gifts of prayers and flowers for his spirit.
There was a memorial walk for Anthany Dawson the 29 year old member of the Musgamagw Tsawataineuk who one year ago on August 11th, was apprehended by Victoria, British Columbia police and later died.
The peaceful walk, organized by the Community Coalition Against racism was held to remember Anthany - to commemorate his sudden and mysterious death, and to draw attention to the issue of racism.
"We can't bring him back. We can only stand here and say no more! Everybody has to be treated fairly. When someone needs help they're to receive help and not be judged by their age or their colour. No More! This is the year 2000. We must admit that racism is alive and well and as soon as we face it we can deal with it," Anthany's aunt Yvon told the gathering.
About a hundred people, family and supporters gathered at Stadacona Park and then walked along the same streets that led to where Anthany was apprehended with force by police.
It was Friday afternoon and rush hour traffic, but for the most part the walk was accepted by motorists respectfully.
One woman honked her horn repeatedly and gave a 'thumbs-up' sign to illustrate her support. One young man, likely an impatient driver more than anything else shouted, "get off the road". Two curious construction workers in a pick up truck pulled over to the side of the road and with obvious sincerity enquired about the marchers and, "what was it all about?".
It was a memorial in honour of Anthany James Dawson and an opportunity for aboriginal and non-aboriginal community members to show their support for Anthany's family as they continue to mourn and face the grief of losing 'their boy'.
Flowers, a wreath and a button with Anthany's picture were placed on a fence.
A visual reminder to Victoria residents who drive by the area that something wrong happened here last year.
The inquest will reconvene Monday, August 14th 9a.m. at Camosun College's Lansdowne campus in the Fisher building. But as of Friday it still wasn't known whether the inquest will be adjourned again.
Coroner's Counsel John Orr had not yet received results of DNA testing related to surprise medical information that prompted the inquest to be adjourned on July 25th after only three days of testimony.
Meanwhile, the family's lawyer may be forced to go to court to get police discipline records introduced as evidence, and that might see the inquest adjourned again.
August 1, 2000 ©Attempting to Muzzle the Media While I was preparing this report another dramatic development was unfolding. The lawyer for the Dawson family was digging in his heels to make sure all crucial information is made available that might reveal answers about Anthany's death, and to esnure "the fullest possible enquiry based on the relevant evidence."
As many as four people will testify that Anthany was struck by a police officer. Other witnesses say it did not happen. "How is the jury to know whether Anthany was struck and whether that contributed to his cardiac arrest? Only by a complete examination of all the facts about those people who dealt with him."
Adrian Brooks has called on the Coroner to immediately reconvene the inquest after the Coroner's Counsel refused to agree to seize police officers discipline records. The family lawyer will pursue it in the BC Supreme Court if necessary. The point here is that several eyewitnesses will testify that a police officer struck Anthany.
Question. Is there anything to be concerned about in the officer's discipline records? Question. If Anthany's behaviour in the past was relevant for the jury to hear, why not the discipline records of the police officers involved? (In initial testimony they dug back into Anthany's life more than nine years)
Aboriginal relations with the police in Victoria, British Columbia have soured even more since the start of the coroner's inquest into the mysterious death last August of 29 year old Anthany Dawson, a member of the Musgamagw Tsawataineuk.
Incredible as it seems, a few days earlier the police Diversity Unit and the community's Broken Circle had gathered for a historic ceremony to mark a new beginning for Aboriginals and the Police. After Anthany's sudden death Gordon de frane, a champion for improved relations,wrote a letter to the police. His words of more than ten months ago are significant in light of recent events, "Our family, indeed the family of the Aboriginal People throughout Vancouver Island continue to pray that the sentiments and commitments made on August 7, 1999 are more than just actions of public relations minded individuals seeking to improve an image that remains questionable."
We're told Anthany was apprehended by police officers on August 11th, 1999 because he was running through traffic and behaving in a --- "bizarre", "wild", "erratic" way. It depends on whose description you get and what picture they're wanting to paint. There can be no doubt it was unusual. But why? How did the police and paramedics respond? Question. Would it not have been prudent ... would it not have seemed fair and reasonable to hear sooner than later from those who appehended him?
We still haven't heard from them. Only from their lawyers, who a knowledgeable cycnic might suggest are positioning themselves in preparation for what awaits them after this inquest. Nancy Dawson has filed a Writ in BC Supreme Court. Doctors, police, paramedics, the province, the hospital. She is suing the whole lot of them for negligent and wrongful actions.
We're already into August 2000. Almost a year later when they finally got around to starting the inquest. The few days of testimony we heard in July seemed so skewed that the assumption was immediate --- it became clear the 'system' was bound and determined to create a nasty portrayal of Anthany. There was a misleading focus on a suspected drug and alcohol overdose. But medical reality fell far short of supporting their efforts to prop up their hackneyed, worn out stereotype.
In fact, there never was any actual conclusive medical proof. Prompted by allegations of racism, Grand Chief Ed John of the First Nations Summit was certain they were trying to present this as a case of, "just another drunken Indian".
Many days of testimony remain, but one wonders if some people had made up their minds a long time ago. Case in point. Months before the inquest began, the May 18th news release from the BC Coroners Service states, "He suffered a cardiac arrest in the ambulance...". But during his compelling testimony at the inquest, Doctor Roderick McFadyen said he was told that Anthany suffered a cardiac arrest prior to being placed in the ambulance. Question. Why in advance of the inquest, and knowing there was no conclusive cause of death, why did the Coroner's Office make such a public statement? Question. Why did provincial authorities publicly pronounce the police not guilty of any wrongdoing prior to allowing the inquest to begin?
Question. If this is a fair and credible information gathering process, then what's with filtering out the favourable family witnesses? Why have we not heard from Kerrie Murray? We have heard from others whose testimony added to the negative portrayal. Kerrie Murray on the other hand spent August 8th, 9th and 10th with Anthany and swears he was not using cocaine or alcohol. She gave this information to a policeman. But she never heard from him again. An oversight?
Unwavering in their determination to shed light on the truth, the Dawson family's strategy has combined the traditional with the contemporary. Joined by dozens of community supporters, they have held healing and cleansing ceremonies, while at the same time raising the public profile of the inquest and their concerns. It finally attracted the attention of the mainstream media who have begun reporting in a fashion that suggests there's something wrong with the way authorities handled Anthany.
Turtle Island Native Network has learned that a 'wounded bird' letter from the police lawyer was sent to the coroner's counsel complaining of grave concerns over "the misleading and defamatory media reporting surrounding the Dawson inquest." At issue were reports by the matter-of-fact CHEK TV and the blunt, compassionate Jody Paterson of the Times Colonist. (My adjectives not the lawyer's)
Clayton J.D. Pecknold, Legal Counsel called on the coroner to say something publicly to, " protect the integrity of the Coroner's process." Nancy Dawson's lawyer Adrian Brooks read the letter with great curiosity as he looked for the proverbial needle-in-the haystack. To what specific inaccuracies and "grossly misleading statements" were the police reacting?
Someone called the inquest a "sham". Some wags might call this 'fair comment'. As stated by the authoritative Oxford English Dictionary, sham is "something that is not what it really purports to be".
In formal terms, a coroner's inquest is a quasi-judicial investigative process. It is an information gathering process. There will be no judgement and no assigning of guilt. But Yvon Gesinghaus, Anthany's aunt was quick to see past all those words, "It is with a heavy heart that we inform you that our concerns and doubts about this foreign process called an Inquest have proven to be true," she told reporters in expressing the family's disappointment and frustration over a lack of balance and fairness in the first days of testimony.
In an interview with Turtle Island Native Network, Grand Chief Ed John said he will be watching closely the outcome and recommendations because there have been many examples involving deaths of aboriginal people who come in contact with the police. He referred to a man who was killed in his own community by a police officer. "The only outcome was the officer was moved to another place where another person was killed", he lamented.
John wants to see the inquest run its course, but reminds us the jury has a limited mandate yet has a large responsibility. "Imperfect as it may be, it's what we have." He believes inquests like this one should prompt the Attorney General to take a closer look at these situations involving unusual deaths of Aboriginal people.
If police and their lawyers are bent out of shape by the efforts of a pain and grief-stricken family and community to be heard, then they might try on the following perspective.
Anthany Dawson's death can easily stand alone as something of tragic proportions. A mother losing her only child under mysterious circumstances. A First Nation community losing their Hamatsa - a cultural necessity. Then add a cold and seemingly insensitive system. Delay after delay. Bureaucrats, lawyers, more than one autopsy. No apologies. No condolences for the loss, despite previous platitudes of better relations, care and concern. For Nancy Dawson there was a deafening police silence. It all fuelled the family's suspicions.
I shake my head as I write these words - "somehow they lost Anthany's brain for awhile". Disgusting, disrespectful and according to Union of BC Indian Chiefs president Stewart Phillip," A question of human rights violations".
Fact! Anthany's death does not stand alone. Far from it!
There is a collective concern about the treatment of Aboriginals by the Canadian justice system ... or as many refer to it --- the "Just Us" system. No wonder! Sudden deaths, mysterious deaths, violent deaths and look at the numbers of Aboriginals the police vacuum into the country's jails and prisons.
Question. As posed by Anthany's mother during a rally outside the BC legislature, " Do you think if Anthany was not a native and had been wearing a suit and tie, do you think that the officers would have handled him the way they handled him? Do you think that he would have been choked, manhandled, handcuffed from the back, put face down on a stretcher and assumed to be drug and alcohol overdosed?"
Dramatic developments at the Anthany Dawson inquest? Indeed. But there is a sameness that sets the stage for all of these Aboriginal cases. Past experience and familiar concerns. Aboriginal history repeating itself.
We are not alone in worrying about the way the system treats Aboriginal Canadians. There was a Royal Commission and a justice inquiry, and sad to say - there have been many other investigations and coroner's inquests.
Loud voices, news reports, circles, drums and dances? Police and their lawyers might wonder why. We know why! We can seek some understanding from the words of a member of the Saskatchewan Indian Justice Commission that was created after revelations of police abuse of Aboriginals who were dumped off in the frigid cold outside of Saskatoon. "We are continuing to conduct our own investigations here into maltreatment/abuse by those employed within the justice system. We do this not for want of political esteem but because we must - the Elders have told us, our own people have told us - the lives of First Nations people must be valued and protected."
POSTSCRIPT: In a demonstration of strong support for the Dawson family, the BC Association of Aboriginal Friendship Centres is mobilizing the community in a fund-raising campaign. The association has seven hundred employees across the province and is calling on each worker to donate one hour of their salary to the Anthany Dawson Legal Defence Fund. In turn, they are challenging employees of all Aboriginal organizations to do the same.
Without community support the family will be left with thousands of dollars worth of legal bills, in addition to the ten thousand dollars for inquest transcripts. Regarding donations, you can mail cheques or money orders payable to: Anthany Dawson Legal Fund c/o Nancy Dawson 113 - 1492 Admirals Road Victoria, British Columbia V9A 2R1 or the Bank of Montreal Anthany Dawson Legal Fees Transit No. 2704 Account No. 8058-797
Victoria, British Columbia
Victoria Police React
As Racism Rears its Ugly Head
at the Anthany Dawson Inquest
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and Editor of Turtle Island Native Network
www.turtleisland.org
July 29, 2000
Click Here > A bereaved Mother's Endless Pain Paul Willcocks Vancouver Sun
July 27, 2000
©Fundraising Focus
A Community Effort
by Tehaliwaskenhas - Bob Kennedy, Oneida
As they eagerly await the resumption of a coroner's inquest, the family of Anthany Dawson who died in Victoria police custody last August are working with the local community to focus their efforts on fundraising.
A coroner's inquest has been delayed for two weeks while DNA tests are conducted to determine if recently revealed medical information might shed light on Anthany's condition leading up to his unusual behaviour that saw police restrain and apprehend him under the mental health act.
In a demonstration of strong support for the Dawson family, the BC Association of Aboriginal Friendship Centres is mobilizing the community in a fund-raising campaign. The association has seven hundred employees across the province and is calling on each worker to donate one hour of their salary to the Anthany Dawson Legal Defence Fund. In turn, they are challenging employees of all Aboriginal organizations to do the same.
Without community support the family will be left with thousands of dollars worth of legal bills, in addition to the costs of inquest transcripts, estimated at ten thousand dollars.
July 26, 2000
Why Did Anthany Have to Die?
by Jody Paterson
Victoria Times Colonist
Click to read
July 26, 2000
CHEK TV report
Friends and family of Victoria native artist Anthany Dawson gathered at the legislature last evening -- in the hope of making their frustrations more widely known.
29-year-old Dawson died last august -- after being taken into custody under the mental health act. Police and paramedics found him running naked on Oak Bay avenue. He went into cardiac arrest and died two days later in hospital...
Dozens were on hand for a "cleansing ceremony" aimed at helping Dawson's loved ones "move on" in the midst of what they say is a "sham" of an inquest.
A coroner's jury is looking into Dawson's death -- but, his family has no faith that it will answer their questions...(Nancy Dawson, "What is happening is that they've been portraying my son as a drunken stoned native Indian running around town doing things that were totally out of character.")
The family believes excessive restraint by police and paramedics led to Dawson's death -- and wonder if he would have been handled differently if he hadn't been native.(Nancy Dawson, " Do you think if Anthany was not a native and had been wearing a suit and tie, do you think that the officers would have handled him the way they handled him? Do you think that he would have been choked, manhandled, handcuffed from the back, put face down on a stretcher and assumed to be drug and alcohol overdosed?")
The inquest has been adjourned temporarily while DNA tests are conducted to determine if Dawson died as the result of a genetic disorder.
Dawson's family is suing Victoria police, the Royal Jubilee hospital, the greater Victoria hospital foundation, two doctors, the ministry of health and two paramedics.
July 25,2000
©Family Reluctantly Agrees to
Another 'Painful' Delay
Rare Family Illness prompts DNA Tests
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
In a dramatic development, the provincial coroner announced another delay (they call it a postponement) in the Anthany Dawson inquest in Victoria, British Columbia, saying it will reconvene August 14th.
That's an incredible year and a day after Anthany's mysterious death in the custody of Victoria police. The family of the 29 year old member of the Musgamagw Tsawataineuk agreed to the delay after almost three hours of private meetings between lawyers and the coroner.
New medical evidence surfaced that prompted an abrupt adjournment last Friday. The inquest was to resume at 9a.m. today but, 10am came and went, so did 11am, and then at 11:45am the jury members returned to hear the coroner's counsel John Orr explain, "The family has reluctantly agreed to another postponement ...it is a painful one for the family". Police lawyers had argued successfuly for more time to review the situation.
Although they eventually agreed, the family is dismayed by the latest delay after waiting almost a year for an inquest to be held and only hearing a week of testimony, much of it one-sided and focused on reinforcing negative stereotypes.
The adjournment began last Friday and was called so lawyers can further explore a medical issue that has arisen. Now this further lengthy delay is so the parties can arrange for new DNA testing to establish the significance of this new medical information.
It may help establish the "possible cause of Anthany's metabolic imbalance", that has been described in doctors' testimony. As John Orr explained, "It may or may not be relevant --- it may be significant." One of the most important things for an inquest is to establish the cause of death. It is hoped this new information and subsequent DNA tests may shed some light on Anthany's condition the day he died.
Here's what brought on this dramatic development and delay. Anthany's cousin Percy Lagis has been hospitalized more than eighty times because of a very rare genetic illness. In speaking to his doctor, Pat Mcleod recently, the doctor twigged to the fact he was related to Anthany Dawson. The doctor, a genetic specialist had been following Anthany's story and was aware of his reported behaviour on the day he was apprehended by police. It seemed to match the symptoms Percy had experienced so many times before.
This became a loud message that was delivered to the family and their lawyer and because of its potential significance, led to the most recent developments in an inquest that is starting to attract a lot of attention, both political and media ... and now for sure, medical.
Once it reconvenes August 14th, the coroner hopes the inquest can conclude by Labour Day.
July 21, 2000
The inquest has been abruptly adjourned because of an unexplained 'medical issue' that saw lawyers meeting for more than an hour prior to when the inquest was scheduled to resume today (Friday).
Coroner Dianne Olson reconvened only briefly so she could tell everyone she was adjourning today's sitting because of what she described as a, "very important issue we have to explore further". The inquest resumes next Tuesday.
Apparently some new potentially significant medical evidence has surfaced from one of the witnesses and was brought to the attention of the coroner and lawyers who then went into a huddle to discuss its importance.
By the time they finished their discussions and the schedule for the day was already thrown off, it was decided best to adjourn until next week when more light may be shed on the new evidence.
©Gathering Political Support
Grand Chief shows up at Ceremony
Promises to Keep Close Watch
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
Grand Chief Ed John of the First Nations Summit is providing support to a Vancouver Island family struggling to get a fair hearing during a coroner's inquest into their son's mysterious death last August in Victoria. The family and community supporters gathered prior to the resumption of the inquest at Camosun College where John told them he and the chiefs "stand in support" of the family getting a fair hearing. "The chiefs of BC have been following this and are aware of its significance," he assured the gathering.
In an interview with Turtle Island Native Network, Grand Chief John said he will be watching closely the outcome and recommendations from this inquest because there have been many examples involving deaths of aboriginal people who come in contact with the police. He said a man was killed in his own community by a police officer and the only outcome was the officer was moved to where another person was killed. John wants to see the inquest run its course, but reminds us the jury has a limited mandate yet has a large responsibility.
"Imperfect as it may be, it's what we have." But John suggested inquests like this one should prompt the Attorney General to take a closer look at these situations involving unusual deaths of Aboriginal people.
CBC Radio reported the following - Speaking outside the inquest in Victoria, First Nations Summit spokesperson Ed John blames racism for Dawson's death. "There's no question that racism and stereotypes are always a factor in B.C. The question as to what he was doing on the street that day, was it a medical problem? No one bothered to ask that question," he says. "Immediately, the assessment was 'here's another drunk Indian'."
July 20, 2000
©Family Disappointed - Frustrated
Testimony only Solidifes Stereotypes
Call for Focus on How Anthany Died
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
In words laden with frustration and sadness, the family of Anthany Dawson issued a news release expressing their deep disappointment in the testimony so far at the inquest into his death last August when he was apprehended with force by the police.
"It is with a heavy heart that we inform you that our concerns and doubts about this foreign process called an Inquest have proven to be true," says the release that calls for more concentration on how or why Anthany died, or how to ensure that this will not happen to another family again.
The family can't understand why the focus has been on trying to re-affirm stereotyped images of First Nation's people, "Despite clear toxicology reports indicating that there were no drugs or alcohol in Anthany's blood and urine, except a minute trace of marijuana, the many lawyers present continually hound the witnesses about disproved use of cocaine."
In their effort to seek fairness and justice, the family is gaining some political support. Grand Chief Ed John of the First Nations Summit is scheduled to attend a traditional ceremony prior to the resumption of the inquest following a day's recess. Earlier this year Stewart Phillip of the Union of BC Indian Chiefs called for a full, independent public inquiry into possible human rights violations.
Earlier this week testimony was heavy with references to suspected cocaine use, and focused on marijuana and alcohol use but did not provide insight into the actions by police or paramedics who are accused by the family of 'manhandling' Anthany prior to his death. Anthany's family will hang in there hopeful they will hear some promising testimony, "We continue to hope that the jury members have the opportunity to sort through the 'red-herring-like' stereotyped images that are thrown in front of them, and to consider ways of ensuring that this does not happen to any family again."
By way of comment, I must say although I am equally cycnical about the 'system', I am also hopeful the strategic Adrian Brooks, the family's lawyer will be able to draw out the truth more clearly and solicit some balance when he questions the police and paraemdic witnesses who will take the stand in the coming days and weeks.
In fact, this must happen. No matter how much time they want to spend on Anthany's drug and drinking habits leading up to and including the day of his death, they also have to shine more light on who did what to him, how and why, just before he died.
No matter what Anthany did, we still need to know details about what policies and procedures these people followed or perhaps didn't follow. That's the only fair way this inquest can unfold. Then it will be for the jurors to decide what likely occured and what recommendations can flow from their findings.
Read the family's news releaseClick Here
July 19, 2000
©Day Three
Anthany's Condition and Questions
about How it Happened
Drugs or alcohol involved?
Who saw him and When?
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
Who saw Anthany Dawson, when and under what circumstances?
One of the people who last saw Anthany Dawson alive was Jason Austin, a central Saanich accountant who had an 'encounter' with him several hours before he ran into police and paramedics on Oak Bay Avenue. Austin, as a witness at the inquest into Anthany's mysterious death, told of how Anthany came to his house asking for help because his car had run out of gas. Part of his testimony included remarks about his concern Anthany may have been under the influence of something because he didn't say much, wasn't focused and "He had this fixed grin on his face, I wondered if he had been drinking... I saw no evidence of alcohol...no smell of alcohol...I was becoming unsure about him." Despite all of that, he helped him get gas --- but the car wouldn't start. He said Anthany insisted he would walk, but Austin dropped him off at the farmers market near the highway so he could hitchhike to Victoria, about 20km away. That was the last he saw of him.
That,he said was around 12pm to 1pm. A friend of Anthany's, Daniel Manson testified he saw him in Victoria sometime between 11:30am and 1PM the same day at the Chevron gas station at Craigflower and Admirals Road. Then a friend, Liane Sparvie testified she saw him and smoked a joint with Anthany in the bleechers at Victoria high school around 1pm. She confirmed she previously had told an investigator "that from the way he was talking it sounded like he had been doing a lot of coke." She also said he told her he had been up partying for the last three days and hadn't slept.
Anthany's cousin Chance Gesinghaus saw him downtown around 3pm, went to buy movie tickets with him and then went to a friend's place for awhile. He saw Anthany last about 3:40pm and he said he was going to his mom's place.
When Anthany arrived by ambulance at emergency of Royal Jubilee Hospital in the late afternoon of August 11th, 1999 he was in a coma. Earlier he had been apprehended and restrained by police who said he was observed running, holding his head and groaning --- shouting, removing his clothes and laying down on the road. Cocaine use was suspected by the paramedics according to the 'Crew Report'. Suspicion by the emergency room doctor too! Behaviour, background, medical condition led to speculations. (The medical evidence so far suggests only some canabis.)
On this third day of the coroner's inquest, his family's laywer Adrian Brooks continued probing to find out what doctors believed had happened, based on what they first saw, and after they heard from police and paramedics. What information were they acting on when they treated Anthany?
Dr. Roderick McFadyen was on the witness stand again, describing how he initially thought he was dealing with something induced by drugs, and likely cocaine. It was based on Anthany's reported bizarre behaviour( excited/agitated delerium) and McFadyen's belief that if it was cocaine induced --- medical literature suggests he would act this way and could cause sudden death. At the time of the doctor's considerations Anthany had suffered a "profound collapse and cardiac arrest".
Steering in a different direction, questioning by police lawyer Guy McDannald focused on the publication Current Psychiatric Therapy Two, 1993 by Dr. D. Dunner. The Q. and A. led to the doctor agreeing the symptoms might also be interpreted to be 'delerium tremens'...alcohol withdrawl syndrome, also known as the DT's. But in fact, he had not drawn that conclusion with Anthany at the time he saw him.
Lawyer Brooks pursued this material and got confirmation from McFadyen that the person would have had to drink on a daily basis for at least several days. Brooks, "What we refer to as a Binge..." McFadyen, "Yes".
Earlier, Brooks had probed to hear more about the information Dr. McFadyen received from the police and paramedics regarding the circumstances that resulted in him needing medical attention? When he saw Anthany, what concerns did he have specifically about his condition and how it happened?
As he testified yesterday, he wondered what occured, because of his condition. Today he recalled seeing injuries to his face...scrapes on the forehead. He said he asked, "Was he taken down forcefully to the ground....was a choke hold used?". Doctor McFadyen said the police told him, "No!". He also was told, "He was already on the ground when he was restrained."
July 18, 2000
©Day Two
Exploring medical responses to and causes of Anthany's condition
Drugs - The rebound effect - withdrawl
A Doctor repeatedly Apologizes for Faulty notes
Excessive Force?
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
There were more alcohol and drug references during day two of testimony at the Anthany Dawson inquest in Victoria, British Columbia. The family is outraged over Doctor Bonnie Gleason's testimony that Anthany's aunt Yvon told her she had serious concerns he was doing drugs again and that his mother didn't know about it. Several times during her testimony Gleason apologized for her inaccurate notes. A discrepancy also surfaced when emergency doctor Roderick McFadyen testified he was told Anthany suffered cardiac arrest prior to being placed on a stretcher and into the ambulance. But Gleeson earlier testified she was told it occured on the way to hospital.
Dawson lawyer Adrian Brooks questioning of witness Doctor Bonnie Gleason about the suspicion of drugs being involved in Anthany's condition.
Q. Did the ambulance attendants say cocaine was involved? A. I can't recall it being discussed. That's the line of questioning directed toward Doctor Bonnie Gleeson as she took the witness stand again.
During her testimony on the first day Doctor Gleeson referenced that blood tests showed canabis. Then she talked about something called the 'rebound effect'....the effects of withdrawl from a substance. In his questioning today Brooks set the stage to dismiss her suggestions that the rebound effect was clear with Anthany. She acknowledged there were many variations to determine the effect, and she also said she had no specific expertise with canabis and the rebound effect. "It is only a consideration...it's difficult to say absolutely it was the cause...I can't say with absolute certainty," she responded to Brooks repeated questioning.
Questioning then turned to Gleeson's claim the day before that Anthany's aunt Yvon mentioned drugs to her. The family's lawyer was probing to find out if in fact the family provided details of drug use and withdrawls,etc. It seems that what the doctor said in testimony was not as clearly articulated in her official notes.
Then she apologized for a mistake in her notes where she was claiming knowledge of something when in fact she was paraphrasing something that took place but she in fact wasn't personally involved in the specific process.
.....More Q. and A. about detailed medical procedures to deal with the different assessed conditions when Anthany was diagnosed..... for example, there was no raised inter cranial pressure...no need for him to see a neuro surgeon.
But, it was revealed that Gleeson wanted a 'CT' for Anthany..a CAT Scan, but she said she was told the one at the Royal Jubilee Hospital was 'not working'.
When Brooks turned his attention to the notes regarding the family's concerns about physical abuse and her questioning of police and ambulance attendants, Gleason apologized again for her notes and the use of, "incorrect terminology....not worded accurately...confusing in the wording," as she said she was sorry a number of times.
What about the family's concerns about abuse? Gleeson said, "I asked the police about excessive force, they said no." The doctor said the family was angry and suggesting the police may have been responsible for Anthany's condition, "I suggested they should speak with the police directly." Asked further about the possibility of physical abuse Gleeson was emphatic, "I could not find evidence of physical abuse......bruises and abrasions but in my experience the level of evidence I had in front of me it was not enough trauma."
The theme of the use of drugs and alcohol.
Under questioning by police lawyer Guy McDannald, the doctor was asked about the information provided by the family regarding Anthany. Did they tell you about him receiving treatment in 1996 and that he was clean and sober. No. Unprompted, Gleeson then went on to add that in fact Anthany's aunt had told her concerns about recent use and that Anthany's mother likely didn't know about it. (At that point you could hear a groan or gasp from the aunt.)
This theme continued when one of the police lawyers Chris Considine spotlighted a nursing assessment from the intensive care unit that referenced information from Anthany's aunt again. In point form it said, "Alcohol and street drug use. Straight for three weeks, up until four days ago."
(Yvon Gesinghaus told me during the break, " I would love to get on the stand...I've tried to get standing here. What kind of a system is this? They're attributing all of these things to me." Then she rushed off to meet with the family lawyer.)
Emergency room doctor Roderick McFadyen provided details of the response he and emergency staff participated in. (This information boggles the mind of a layperson with the amount of detail to try to follow and understand. )
It seems to me this doctor's most dramatic testimony included information about when Anthany suffered cardiac arrest. A discrepancy surfaced in today's tesimony. Earlier we heard from Doctor Gleason that it occured in the ambulance on the way to hospital. But Doctor McFadyen said he was told it was before Anthany was placed on the stretcher.
McFadyen also testified about the controversy within the medical profession of the dangers of having a restrained patient face down on a stretcher, because of the potential for asphyxiation and cardiac arrest. He said physicians have been alerted that in these situations the restraint should be removed as soon as possible and the patient should be turned on their back. He was responding to questions from the inquest lawyer John Orr about a 'hog-tied' person. It was suggested that Anthany Dawson was restrained this way prior to his death.
July 17, 2000
©Nancy Dawson - first witness at Coroner's Inquest
into Son Anthany's Mysterious Death
A Mother's Verbal Jousting with a Police Lawyer
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
This was a day Nancy Dawson looked forward to --- in fact there were times since last August she wanted it to come sooner. But it also was one she feared and perhaps even now resented. Rather than relief it meant having to relive the pain of losing her only son, as her sister Yvon Gesinghaus said in a family statement that she read to a gathering of supporters, "Our people wail at the loss of one of their Hamatsas."
"It's going to be a long long journey for the family," said Alec Nelson, Kwakwaka'wakw and a local community leader. In the hour leading up to the start of the inquest into the death of 29 year old Anthany Dawson, his family and friends had come to express their care and show their support. Butch Dick of the Songhees Nation was there to officially welcome the visitors to Coast Salish territory. Nelson called on those gathered to, "hang on to one another...support one another, now we must go into another world." Inside, the coroner Dianne Olson with sincere curiosity invited them to share the significance of the ceremony. "To call on the Creator and ancestors to give us a tool to help us walk in a healing cleansing way," explained Nelson.
It also was a way to give the family strength.
When Nancy Dawson took the witness stand as the first witness, it was obvious she was strong in her resolve not to be bullied by the system or any lawyer's pressing and intruding questions. Guy McDannald, a lawyer representing the police was quick out of the gate to dredge up the unsavoury part of Anthany's life. Focusing on incidents ten years old. The drugs, the alcohol, the anger and the violence. The family knew this would be the obvious approach. They viewed it as a way of discrediting Anthany. The lawyer called it necessary information for the jury to hear, for their eventual deliberations.
The family's intent was too ensure balance. Anthany's mother was equally quick in her descriptions of how her son turned around his life in 1996 after graduating from the Round Lake Treatment Centre. "He had let it all go.. that was the turning point. He prayed to the Creator. He became a beautiful, caring, loving person." Nancy Dawson talked of Anthany's embracing of his community's culture in Alert Bay and worked closely with the elders and the children. He became a true artist, spending months, even years on the masks he carved.
One of them, a raven's mask that he had brought to show his mother days before his death, sat on a table next to Nancy Dawson as she testified, near a large photo of her and Anthany. Permitting the family to have that display and allowing Nancy Dawson latitude in her remarks to lawyers, illustrated the coroner's desire to be sensitive and somewhat understanding of the difficulty the aboriginal community and the family in particular faces in this 'foreign' process.
The depth of descriptions from Nancy Dawson of how good Anthany had become, along with the repeated references raised by lawyers in their questioning about his past and then his bizarre behaviour August 11th last year, only added to the mystery and made it even more difficult to try to understand what happened to Anthany Dawson. But it certainly began to trigger a lot of 'what-might-have-happened' scenarios.
Did he have a 'slip'? Start drinking and doing drugs again? It was on the mind of medical staff who cared for him in emergency at Royal Jubilee Hospital, and his aunt Yvon raised concerns too, according to Doctor Bonnie Gleason. But for the family her testimony was tainted with the way she treated them at the hospital when Anthany was taken there. Both Yvon and Nancy say Gleason jumped to conclusions about Anthany and drugs and alcohol. They wonder if it wasn't a First Nations person would it have been different. Doctor Gleason admitted she didn't have a lot to go on in determining what was wrong with Anthany . She testified they did blood and urine tests for drugs and alcohol. Alcohol? Negative. Cocaine? Negative. LSD? Negative. Other drugs and chemicals? Negative, except it was positive for canabis.
The question remains among many - was it enough to trigger Anthany's 'fight or flight' behaviour as Gleason called it. "His body was turned up abnormally high", she said. Lawyers representing the coroner, the police, the paramedics, and Anthany's family all will probe the witnesses words to support and defend their clients' interests. But hopefully their questions all will lead to some clear answers. Why did Anthany Dawson run wildly through the street, throwing himself to the ground, ripping his clothes off, arms and legs flailing in the air? It seems highly unlikely to have been the result of some residual marijuna. But that's why were here. To hear the fifty or so witnesses shed some light.
In the end, five jurors, including two chosen from the First Nations community will decide next month if there's enough light to answer the questions that seem to grow in number as we hear more testimony.
Statement by the Family of Anthany Dawson
We thank you all for coming here today. Today is a day of pain and anticipation. The pain is to relive the death of our dear son and nephew, Anthany James Dawson. A pain we have relived every day since August 13, 1999 when our dear boy was ripped from our family and pronounced dead. A pain that is so strong that there are no words to describe how we feel.
Today was also a day of anticipation as the Musgamagw Tsawataineuk people looked toward the day that we could have our questions answered...Why did Anthany die?
Sadly, we recently learned the rules of an inquest...we will not be able to ask the questions that we need answered...An inquest is not set up that way. This inquest is a foreign practice to our people. One, which we must follow in order to hear why Anthany died. It will be difficult for us to comprehend this procedure but it is something we must do.
We are not strangers to difficulties...nor are we strangers to oppression. Sadly, we are not strangers to racism either. Already we have received a good glimpse of the barriers. For almost a year we have experienced delays. If this death had been the death of someone from a political family, would it have taken this long to be brought to a public place? If Anthany were a non-Native wearing a suit and tie, would he have been treated the way he was treated?
Our people wail at the loss of one of their Hamatsa's; and have not had the opportunity to properly grieve and pay respect to him. We had no choice but to endure autopsies of our dear boy. But we were shocked and devastated to discover that his brain was removed from his body and it was not returned until we discovered this and had our lawyer find it. Would this have happened to a non-Native family? Is this the way a Canadian should be treated?
We have had to fight to ensure that this inquest be held in Victoria where it would be easier for the friends and family to attend. We had to lobby to have native representation on the jury. We have had to fight for this inquest every step of the way. We thought we could have our questions answered.
We see today, that there are a large number of lawyers here to protect the interests of everyone who was involved in Anthany's death. Will anyone ask questions for Anthany?Why did he die? We have grave concerns that there is a great effort to discredit Anthany rather than focusing on the real issues of justice and fairness.
Did he have to be subjected to excessive restraint?Was his primary diagnosis based on his colour and age?
But we are here today, to stand tall and remember our son and nephew. We will attempt to listen to answers to our questions...Why did Anthany die? We may be subject to much discredit in an effort to bury that answer...but we will listen.
We came to hear one thing...the truth with no attempt to discredit our boy as a way to justify his death.
We hope to achieve one thing..that no parent or family will ever have to experience the pain that we are suffering.
We hope you understand the Musgamagw Tsawataineuk's need to stand up and say -no more-
We thank each and every person who has offered us words of condolence and encouragement; we thank all those who pray for us.
Help us find the truth about why our boy died.
Seeking Answers and Justice from a Foreign System
News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida
Publisher and editor of Turtle Island Native Network
Members of First Nations and urban aboriginal communities in British Columbia plan to show their support as they prepare for the start of a coroner's inquest into the mysterious death of Anthany Dawson who died when taken into police custody in Victoria last August.
There's a unique desire, driven by the firm cultural belief and practice of the extended family that motivates them to show up to support the family. But there are other reasons - all too familiar to Native Peoples in Canada.
The ghosts of past deaths, not only here but elsewhere in Canada, haunt this entire process, shrouding it with the usual cynicism and expectation of unfairness and insensitivity toward Aboriginal interests.
Plus, there are so many unanswered questions - what led up to the incident? Were proper policies and procedures followed? considering the circumstances that police have alleged led them to their encounter with the 29 year old Native artist, a member of the Musgamagw Tsawaineuk of Kincome Inlet. What really went on before, during and after? --- and what caused his death?
It's been almost a year, during which the family faced delay after delay and the public strategy of authorities who issued various statements suggesting Anthany suffered a heart attack. Medical staff tried to suggest the use of drugs. But in the end, two autopsies provided no conclusive proof of any of the one-sided spin in their public relations campaign.
The family has been told by eyewitnesses that police used excessive force on Anthany when they apprehended him. There's no doubt, testimony during this inquest will be revealing for all parties. We pray for truth and justice, and what Nancy Dawson says is her most important wish, "That this never happens to anyone ever again, Native or non-Native."
Before the start of the proceedings, a cultural cleansing and healing ceremony will be held and a family statement released.
Since Anthany's death, the family has lobbied the provincial government in their efforts to address concerns that the justice system is stacked against receiving a fair hearing. They managed to get Aboriginal representation on the coroner's jury, and brought pressure to bear until the inquest location was changed to accomodate community needs.
But a great concern too is that efforts may be made to discredit Anthany rather than shine the light on the behaviour of the police, paramedics, doctors, coroners and --- 'The System'. Inquest Schedule
[Turtle Island Native Network will provide reports from the inquest]
Camosun College, Landsdowne Campus
Room 100, Fisher Building
Office of the British Columbia Police Complaint Commissioner
