Saskatchewan inquiry called unconstitutional

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The inquiry into the death of Leo LaChance violates constitutional rights of the white supremacist who shot the Cree trapper and should be stopped, an Edmonton lawyer says.

"It is clear to us that (the provincial inquiry) is essentially attempting to re-try the case," said Brian Beresh.

Beresh is attempting to have the inquiry stopped by Saskatchewan's appeal court.

"The inquiry is an attempt by the province to do what only the feds can do and that is look into a criminal matter."

In court documents filed on behalf of Carney Nerland, Beresh says the inquiry is essentially a second trial for the self-proclaimed racist leader.

Nerland is currently serving a four-year manslaughter charge.

Beresh also claims the inquiry violates the federal government's sole jurisdiction over criminal law.

In addition, it represents an unjustified investigation of RCMP internal affairs and threatens Nerland's constitutional rights to life and security.

Inquiry lawyer Morris Bodnar said he doesn't expect the latest set of legal manoeuvres to block the investigation.

He was surprised by Nerland's belief he is the focus of the investigation, Bodnar added.

"We're not investigating Mr. Nerland. We are looking at the police, their actions

and the activities of the prosecutors," he said.

"If he somehow believes he is the centre of attraction, then that's probably because he killed someone and not because we want him to be," Bodnar said.

The inquiry has been on hold since the summer when it got bogged down in a series of court cases over whether the RCMP should identify an informant on Saskatchewan racist groups.

Widely reported rumors and statements by the Prince Alberta Tribal Council allege Nerland is the informant at the centre of the controversy. RCMP refuse to comment on the charges.

The appeal court is expected to rule on Nerland's application before the inquiry resumes hearings in March.

Nerland will most likely be called to testify if the inquiry is allowed to proceed.

Nerland, the self-proclaimed head of the Church of Jesus Christ Aryan Nations Saskatchewan Chapter, shot LaChance through the door of his Prince Alberta gun shop.

The case never went to trial because Nerland pleaded guilty to manslaughter.

His four-year sentence was deemed too lenient by Nastibe communities in the Prince Albert region, who launched a series of protests. The Saskatchewan government announced the inquiry one year after the 1991 shooting.

Nerland's parole application in 1993 was denied.