Justice system discriminates

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The Canadian government needs to do more to improve its record of human rights for aboriginal peoples and rid its justice system of racism, according to Amnesty International.

In a report released recently to mark the 500th anniversary of the discovery of the Americas, the human rights organization examined oppression, torture and killings of Native people throughout the Western Hemisphere.

The organization was not as critical of Canada as it was of other countries, but it suggested a link between racism and some recent failures of the Canadian justice system.

Research carried out by the government in a number of provinces suggests general prejudice against Native Canadians has led to discrimination in the justice system, the report said.

The rigor with which the Canadian police investigate crimes may depend on the race of the victim, the report concluded.

Cases cited in the report have been well-publicized in Canada, but the criticism is stinging because it comes from a respected group whose reports draw worldwide attention.

Cases cites in the report include:

- The 1971 murder conviction of Donald Marshall, a Micmac Indian in Nova Scotia who was released in 1982 after new evidence emerged. A royal commission found that racial stereotype played a role in his wrongful conviction.

- The 16-year delay in bringing the killers of Helen Betty Osborne, a 19-year-old Cree Indian in Manitoba, to justice. An inquiry found several aspects of the police investigation were marred by racism.

- The death of John Joseph Harper, a Wasagamack Indian who was shot during

a struggle with a police officer in Winnipeg. The officer was cleared at an inquest, but a later inquiry found racism played a part in police handling of the case.

Amnesty is also critical of delays in investigating allegations that six Mohawk Indians were beaten while in custody during the 1990 confrontation at Oka, Que.

Only two complaints are under review, one by the Quebec police ethics commissioner and the other by the complaints investigation committee of the provincial police force.

Canada compares well to some other countries where Natives have been killed

in armed conflicts or drug wars and attacked during land disputes and peaceful protests.

But no matter what the country, the root causes of violations are the same discrimination, racial prejudice and the attitude of authorities, said the report.