Greyeyes loses bid to quash inquiry

Page 2

A petition by a former RCMP officer to have a B.C. judicial inquiry declared invalid was dismissed last month by the province's Supreme Court.

The petition by Jim Greyeyes to halt the Williams Lake judicial inquiry into the abusive treatment of Natives by the justice system was dismissed by Supreme Court

Chief Justice William Esson.

Esson ruled there was not sufficient cause to declare the inquiry invalid based on the two reasons outlined in Greyeyes' petition.

Greyeyes, who now works as a senior policy analyst for the B.C. government,

said he wanted the inquiry declared invalid because it dealt with matters of criminal law and was therefore beyond the legal authority of the province.

Native witnesses at the inquiry have named Greyeyes as a former RCMP officer who was known for beating Native prisoners.

Esson ruled, however, that he had no doubt that the inquiry is examining the administration of justice within the province and therefore did not trespass into federal jurisdiction.

He also pointed out that any examination of wrongdoing by the RCMP, particularly the use of excessive force against Natives, is not the primary object of the inquiry, although it is a significant part of their accusations of poor treatment at the hands of the "justice system."

The Williams Lake inquiry is hearing stories of abuse from members of 15 bands

in the Cariboo-Chilcotin region of central B.C.

Complaints against the RCMP, filed by about 80 Natives in the region, date back over a period of almost 30 years.

Esson ruled that inquiry justice Anthony Sarich, in is evaluation of witness' testimony, is not bound to the Criminal Code definition of "excessive force."

"He could, without finding criminal misconduct, find that there was excessive use of force in the sense that Native people were treated with lack of consideration and in a discriminatory manner."

Greyeyes also objected to the inquiry on the grounds that a subpoena forcing him to testify about his experience as an officer in the community would take away his right under Section 7 of the Charter of Rights and Freedoms to remain silent.

Although compelled to testify at the inquiry, Greyeyes can invoke the protection

of the Canada Evidence Act to prohibit the use of any incriminating evidence uncovered by the inquiry in future investigations, Esson ruled.

Brian Williams, the lawyer representing the 15 bands in the Cariboo-Chilcotin region of central B.C., said the Chief Justice's ruling was correct.

"My clients are very satisfied," he said.

Williams said the provinces should have the right to set up inquiries into the justice system as justice is a provincial matter. But if Greyeyes is not subpoenaed to appear, the inquiry will not suffer for it.

"The RCMP asked that (Greyeyes) be subpoenaed, not the commissioner," he said. "We don't care if he testifies or not. We've got people to stand up and say what he did. We don't care."

Greyeyes could not be reached for comment.

To date, the inquiry has met with thousands of people from half-a-dozen bands in Cariboo country. The commission will hear testimony until mid-April.