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Scrutiny of a trial taking place over 100 years ago could bring Metis people across the prairies some long overdue justice.
The present-day family of Louis Riel is pressing for a bill which would exonerate the former Metis leader, and label the man as a Father of Confederation.
Leo Teillet, a great grandson of Riel, is one of seven family members to publicly issue their support in principle of a draft private members bill, prepared by Manitoba Liberal MP Reg Alcock and Quebec Liberal Denis Coderre.
The family is adamant the bill states Riel was wrongfully accused, convicted and executed, and that his conviction be reversed and his innocence proclaimed. They do not want merely a pardon.
"A pardon imputes a wrong, a criminal act," said Teillet. "But (Metis under Riel) were defending their own land, their government and their country-it was not a revolution."
Investigation by Ronald Olesky, a Winnipeg-based lawyer, into legal back room maneuvering against Riel has also played a part in the most recent request to clear the rebel's name.
Ten years ago, Olesky received a transcript of Riel's trial as a "lawyers gift" from his wife. The intrigue of the case prompted him to start the groundwork on a legal article based on the events of the trial.
While looking through information sent to him from the National Archives in Ottawa, Olesky happened upon a telegram sent to Riel from his legal counsel.
The telegram, sent from Quebec on July 5, 1885 suggested that if Riel was arraigned, he should ask for a delay. If postponement was refused, he should state the court has no jurisdiction to try him.
It was the urgency of this telegram, and the fact it was the original document, that pulled Olesky further into an investigation on the possible back room manipulation of the case.
The legal maneuvering centered on then chief justice of Manitoba, Louis Wallbridge.
Because Wallbridge gave pre-trial advice to the Crown on how to gain a definite conviction of Riel, Olesky said the proceedings should have been called off. At the very least he continued, Wallbridge should have excused himself from the trial and appeal process after the Protestant jury found Riel guilty.
"It wasn't the law then-and it's not now-that a judge could take an active role in a case, entertain private correspondence from the Crown, then start the case," explained Olesky.
Wallbridge's advice included a suggestion that Riel's trial be held in Regina rather than Winnipeg, to avoid the need to place a proportionate number of Metis on the jury.
These, and other helpful hints , were allegedly communicated by letter to Sir John A. Macdonald's justice minister Sir Alexander Campbell, though today those letters cannot be found. The proof of Wallbridge's legal maneuverings were repeated in a letter from Campbell to Macdonald, as they plotted their case against Riel.
"Our whole judicial system relies upon being dealt with impartiality," said Olesky. "Otherwise the system is nothing without that. There was a fundamental violation of judicial responsibility."
uis Riel haven't passed. (The issue is) still able to raise emotional comments and reaction from both sides of the coin."
But Augustina Abraham, a niece of Riel, said she believes the actual legal evidence may be what is needed to have the bill pass.
"If this is proven, it will come to the forefront that there was legal manipulation against Louis Riel," she said.
The family also wants recognition of his contributions "to the Metis people, the creation of the Province of Manitoba and Manitoba's place in the Canadian confederation."
The family also wants a day named in Riel's honor.
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