Family and First Nation Community Renew Call for Public Inquiry

July 19, 2001
Mr. Don Morrison
Office of the Police Complaint Commissioner
#900 Melville Street
Vancouver, B.C.
Fax: 604-660-1223
Dear Mr. Morrison:
Re: Anthany Dawson - Death in Custody - August 13, 1999

Three months ago, we wrote you a letter concerning the sudden death of one of our members, Anthany James Dawson, while in police custody on August 13, 1999.

In that letter, we explained the perception that our members have developed with regard to Anthany's death and the manner in which the inquest had addressed the situation. During the inquest, we had heard from eight witnesses who stated that Constable Sheldan punched Anthany. Yet Sheldan denied this. The inquest had no jurisdiction to deal with this issue, but a public inquiry would.

The sudden death of Anthany has been discussed in our provincial forums, the First Nations Summit and the Union of BC Indian Chiefs, and resolutions have been passed by both organizations supporting us in our search for the answers. The treatment of First Nations persons by the police have been discussed in the newspapers and tabloids for quite some time. It would be of great public interest to hold a public inquiry and hear the facts, rather than the rumors and the hearsays.

By holding a public inquiry into the death of Anthany James Dawson, the provincial government would then display a clear and transparent process in which the public could rely on.

We ask that you take this into consideration during your review.
Yours truly,
Chief William T. Cranmer
'Namgis First Nation
MTTC Chairman

Chief Willie Moon
Tsawataineuk First Nation
MTTC Vice Chairman
Cc: First Nations Summit
UBCIC

April 19, 2001
Mr. Don Morrison
Office of the Police Complaint Commissioner
#900 Melville Street
Vancouver, B.C., V6E 3V6
Fax: 604-660-1223

Dear Mr. Morrison:
Re: Anthany Dawson - Death in Custody - August 13, 1999

I bring to your attention a letter we had sent to the Attorney General requesting copies of the transcripts in the sudden death of one of our members, Anthany James Dawson.

I ask you to read our letter of request and take to heart our reasons for the need of these transcripts. The response from the Attorney General's office left us with even more questions.

According to the few members who did attend the inquest, they heard from eight different witnesses that Anthany was punched one or more times by police officer(s). According to the "Verdict at Coroner's Inquest" there is no reference to this at all. The coroner spent one and a half pages of the three page summary of the "Presiding Coroner's Comments" attempting to convince the reader that Anthany had a metabolic disorder and that was all. I point out to you this unbalanced summation report. The doctor's comments are almost misinterpreted in the explanation and there is no reference whatsoever to the physical punches that the witnesses saw. It is a very good thing that the coroner has qualified her summation by stating that the presiding coroner's comments are"…not intended to provide evidence or to replace the jury's findings." Sadly, neither does it provide true "background information to the jury's verdict and recommendations."

When I met with the membership that attended the inquest they queried as to whether or not the Coroner was referring to the same inquest that they attended. The coroner's strong stress on the metabolic disorder and total disregard to the statements from at least eight witnesses who seen our member punched certainly do not leave our members with the feeling that this was a true and fair process. You have seen from the transcript that our lawyer's cross- examination of the police officer was cut off on this issue. You will have also seen the police lawyer argued that there was a forum for a public hearing on police behavior. He obviously meant that we turn to you.

We have further concern with regard to the R.C.M.P's "independent thorough investigation" that was carried out with regard to Anthany's death; we do not feel that any investigator can do a thorough review if they do not have the right to interview the police officers that participated in "assisting" Anthany into the ambulance. We are told that the R.C.M.P. investigator swore on the witness stand and stated that a thorough investigation had been carried out. Later on during the inquest we are told that the police involved, stated that every one of them refused to be interviewed by the R.C.M.P. How can you have a thorough investigation without interviewing those involved?

With the tremendous amount of questions we have, along with more questions arising from the A/Assistant Attorney General/s Deputy Minister response, we must now ask for a public inquiry. We also ask to receive a copy of the transcript of the proceedings at Anthany's Inquest.

We would appreciate any help you can give us in achieving this request. I can be reached by fax: 250-974-5466; tel: 250-974-5516; email mttc@island.net; or at the Kingcome Band Office 250-974-3013. I look forward to your reply.

Yours truly,
Chief Willie Moon
Tsawataineuk (Kingcome) Chief
Tribal Council Vice-Chairman

March 9, 2001
Honorable Graeme Bowbrick
Attorney General
Parliament Buildings
Victoria, B. C.

Dear Honorable Bowbrick:

The Musgamagw Tsawataineuk Tribal Council is comprised of four First Nations located on North Vancouver Island and adjacent mainland. The four tribes are the Tsawataineuk (Kingcome Inlet); the Kwicksutaineuk Ah-Kwaw-Ah-Mish (Gilford Island, & Wakeman Sound); Gwawaenuk (Watson Island); and the 'Namgis (Alert Bay/Nimpkish Valley). We have a total membership of 3,500.

Sadly, one of our members was killed on August 11, 1999 and his life support was turned off on August 13, 1999. Anthany James Dawson required the services of medical professionals while visiting in Victoria, B.C. To our understanding, the Victoria City Police "assisted" Anthany into an ambulance. Once in the ambulance, it was noted that Anthany had no pulse or blood pressure. We have heard that witnesses have stated that Anthany was punched one or more times in the head and chest area and put into a headlock by the Victoria City Police.

Naturally, and inquest was arranged but due to the great distance to travel and length of the inquest, nearly all of our members were unable to attend in order to have their questions answered. This, coupled with the fact that the inquest was postponed many times and restarted three times all but eliminated our chances of having our questions answered.

Prior to the beginning of the inquest, we had asked to be sent the transcripts of the inquest to us. We were denied with no explanation.

Once again, we ask for copies of these transcripts and we ask you to reconsider for many reasons:
1. Many of our members are developing the perception that Anthany was "mishandled by the police" and are now more wary of anyone in uniform than ever.
2. Many of our members may never be able to achieve "closure" in the loss of their relative until they find out what really happened.
3. The comments that we read in the newspaper next to contradict the jury's recommendations and the coroner's lawyers' closing thoughts. It became very evident that we could not rely on the media to give us an unbiased opinion.
4. 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".
5. Our villages and members have an extremely high unemployment rate and neither the members or the First Nations are in a position to pay the estimated $12,000 - 14,000 for a copy of the inquest transcripts. But nonetheless, we are unable to begin our journey of healing without finding out how he died.

For these reasons, we ask you once again, to please consider providing us with a copy of Anthany James Dawson inquest transcripts.

I can be reached either at the tribal council office, 250-974-5516; email mttc@island.net; or at the Kingcome band office 250-974-3013. Thank you for your consideration to our request and we look forward to your reply.
Yours truly,
Chief Willie Moon
Tsawataineuk Chief
Tribal Council Vice-Chairman