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The RCMP does not have to reveal the name of an informant on racist activities
in Saskatchewan to an inquiry into the death of Leo LaChance, the Supreme Court of Canada has ruled.
The court refused to hear an appeal from the inquiry into the 1991 shooting of the Cree trapper by racist leader Carney Nerland, effectively upholding an earlier decision by the Saskatchewan courts.
"We had certain facts that were available that would have helped lay out what had occurred," said inquiry lawyer Morris Bodnar, expressing disappointment with the decision.
"No we can't put these facts before the commission of inquiry...facts that I believe were crucial to dealing with certain aspects of the case."
Many people involved with the inquiry believe identifying the informant is crucial to unraveling what happened the night Nerland shot LaChance through the door of his Prince Albert gun shop.
Widely reported rumors have tagged Nerland as the informant, leading to speculation that the self-proclaimed Saskatchewan head of the Church of Jesus Christ Aryan Nations got an easy ride from police during their investigation.
Officials from the Prince Alberta Tribal Council announced they had been informed by their lawyer, Gerald Morin, that Nerland was the RCMP contact.
"If we are obstructing justice by telling the truth, then they might as well charge us," said tribal council vice-chief Alphonse Bird. "Eventually the truth has to come out and we're the only ones gutsy enough to bring it out."
The commission has so far refused to comment on the tribal council's announcement.
But Ted Hughes, head of the three-member inquiry,. has said RCMP representatives admitted the informant is someone under investigation by the commission in earlier testimony behind closed doors.
Native leaders in the region reacted angrily to the Supreme Court decision and have threatened to boycott the provincially order investigation.
I don't think there is any inquiry when pieces of information are withheld," said Bird. "I am very disappointed with this. I don't think it's fair."
Prince Albert MP Ray Funk said he will raise the issue with federal Justice Minister Kim Campbell and Solicitor General Doug Lewis in Ottawa.
Gerald Morin, who represents the LaChance family, could not be reached for comment.
The inquiry has been on hold since July when lawyers first went to court to try to force RCMP to reveal the informant's name.
Bodnar said the probe can complete its work without knowing the identity of the informant, but he said the public hearings are not likely to resume before March.
Nerland is currently serving a four-year manslaughter sentence for the shooting death. Prince Alberta Natives were outraged at the sentence and said Nerland would have received a stiffer sentence if LaChance had been white.
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