[asia-apec 828] Van Sun: inquiry fatally flawed

David Webster davidweb at interchange.ubc.ca
Sun Oct 25 12:20:53 JST 1998


Headline story, followed by editorial calling for a real PUBLIC inquiry.

Last Updated: Saturday 24 October 1998        TOP STORIES
---------------------------------------------------------
Inquiry leader denies bias as APEC hearings adjourn
The Vancouver Sun

Jeff Lee
Vancouver Sun

APEC inquiry chair
Gerald Morin turned
Friday to the Federal
Court of Canada to
clear him of
government allegations
he prejudged the
outcome of the RCMP
Public Complaints
Commission hearings.

                  But even if he is cleared of the allegations, lawyers
                  for both sides say he will be the captain of a crippled
                  inquiry.

                  And a Simon Fraser University ethicist said the
                  commission is now so badly wounded that the federal
                  government should cancel the inquiry and launch a
                  judicial inquiry.

                  In the meantime, the inquiry, which has in recent weeks
                  been bombarded with other allegations of bias,
                  suggestions of political and media interference, and
                  problems of legal funding for complainants, has been
                  shelved for at least three weeks while the government
                  tries to determine if the hearings can be salvaged.

                  Morin refused to resign Friday from the panel after
                  federal government lawyers raised allegations of bias
                  against him over comments he allegedly made in a Prince
                  Albert, Sask., casino last spring.

                  The allegations against Morin are the gravest threat yet
                  to the on-again, off-again inquiry, which is trying to
                  determine whether police abused protesters at APEC and
                  whether Prime Minister Jean Chretien's office interfered
                  in security matters at the conference.

                  Morin "unequivocally" denied allegations Friday that he
                  had told people at the casino in his home town that he
                  had decided the RCMP were heavy-handed in their control
                  of protesters at APEC a year ago.

                  The allegations, first reported in a story broken by The
                  Vancouver Sun Friday, were made by Constable Russell
                  Black, an RCMP officer in Prince Albert, who told
                  federal lawyers he overheard Morin make the statements
                  while gambling at the Northern Lights Casino.

                  On Friday, the commission panel convened long enough for
                  Morin to say the allegations are false and that he
                  believed he could continue to chair the inquiry.

                  "I can say for the record that I unequivocally deny the
                  allegations. I have not done anything wrong. I have not
                  prejudged these matters. I will not prejudge these
                  matters. I will only judge these matters after all the
                  evidence is in," he said. "I have confidence that I can
                  continue to chair this panel of this hearing."

                  During his entire address, broadcast live across Canada,
                  his two co-panelists, Vina Starr and John Wright, sat
                  ramrod-straight and looked neither to the right nor the
                  left.

                  But lawyers for both the RCMP and several student
                  protesters say it will be virtually impossible for the
                  panel to continue and they will argue in court the
                  inquiry is so tainted it must be halted.

                  Noting that the court is already being asked by
                  protesters' lawyer Cameron Ward to rule whether
                  Solicitor-General Andy Scott's alleged airplane
                  conversations about APEC have biased the commission,
                  RCMP lawyer George Macintosh said if the court finds
                  Morin also had a bias, the hearings will have to be
                  halted.

                  "If both complaints of bias are made out, I will be
                  saying that the commission is no longer an appropriate
                  forum in which to deal with the allegations being made
                  against the RCMP," he said.

                  Ward, who has long argued the commission has an
                  "institutional bias" in favor of the RCMP, was in rare
                  agreement with Macintosh.

                  "It is difficult to imagine an outcome other than one
                  that disqualifies Mr. Morin and the entire panel," he
                  said.

                  Ward said he is suspicious of the timing of the
                  allegations, which come right as lawyers for the
                  protesters argue that the government is withholding
                  documents and other material.

                  But he said the allegations are so serious that they
                  must be heard along with his own application that
                  Scott's comments have irreparably harmed the inquiry
                  process.

                  Mark Wexler, an ethics professor at Simon Fraser
                  University, said even if Morin is cleared, it will be
                  difficult for any of the lawyers who would address him
                  in the hearings to believe his opinions might not now be
                  coloured. Combined with all of the other problems that
                  have beset the panel, the allegations have discredited
                  the inquiry and the government should halt it, he said.

                  "I think they would be wise to not put more patches on a
                  bicycle tire that is leaking in several places. My
                  advice would be to move to a judicial inquiry," Wexler
                  said.

                  Both Ward and Macintosh also questioned how lawyers who
                  will have to cross-examine Morin in Federal Court over
                  the allegations could then expect Morin and the panel,
                  once it reconvenes, to not be coloured by the incident.

                  Federal government lawyer Ivan Whitehall delivered the
                  allegations of bias to commission counsel Chris
                  Considine Thursday, after both he and police in
                  Saskatchewan interviewed Black about what he overheard
                  in the casino. Considine has steadfastly refused to
                  comment.

                  Whitehall said Friday the allegations are extremely
                  serious, but would not comment on whether the inquiry
                  should be halted.

                  "This is a very important matter. Clearly the decision
                  of the Federal Court will affect the life of this
                  tribunal," he said.

                  Whitehall became aware of the allegations after Black
                  approached superior officers last week saying he had
                  information about comments Morin allegedly made in a
                  casino.

                  Two taped statements by Black -- one made on Tuesday in
                  Prince Albert and one Wednesday in Vancouver -- will be
                  entered as evidence at the Federal Court hearing.

                  Black said he was sitting at a poker table at the
                  Northern Lights Casino in Prince Albert last spring when
                  Morin sat down and began a conversation with another
                  gambler.

                  Black said he overheard Morin say he had just returned
                  from Vancouver, where the RCMP Public Complaints
                  Commission had just begun hearings into APEC. Morin
                  allegedly said that he would be chairman of the panel
                  and that he had already determined that the RCMP were
                  too heavy-handed in their use of pepper spray to control
                  protests.

                  "From the conversation he had and from the way I was
                  listening to it, I knew in my mind right there and then
                  his decision was gonna be against the RCMP," Black told
                  Whitehall.

                  But Black's allegations could not be substantiated. He
                  told investigators in the earlier interview he couldn't
                  remember the day or month in which the conversation took
                  place, and he didn't know the names of either the other
                  gambler or the dealer. He took no notes and he never
                  told anyone about the overheard conversation until last
                  week, according to transcripts of the interviews.

                  When asked why he never said anything until now, Black
                  said he didn't remember the incident until watching news
                  coverage of allegations that Scott had also prejudged
                  the APEC hearings in an conversation with an airline
                  seatmate.

                  The officer has since hired a lawyer and will not make
                  any public statements.

                  Jim Williams, lawyer for Staff-Sergeant Hugh Stewart,
                  who was accused of abusing students during arrests and
                  pepper-sprayings, said the allegations will not help
                  Stewart clear his name.

                  "The matter remains unresolved, and remains enveloped in
                  controversy. The issue has always been to have an
                  inquiry to determine the facts and determine the truth.
                  And again, this will be an impediment to that process,"
                  he said.

                  Jonathan Oppenheim, one of several complainants to the
                  commission, said Morin shouldn't continue to be involved
                  in the inquiry.

                  "There's no way that Mr. Morin can now arrive at a
                  reasonable decision, just based on the fact that it's
                  tainted already," he said.


Last Updated: Saturday 24 October 1998           OPINION
---------------------------------------------------------
Today's Editorial:
It's time to replace tainted APEC probe

                  With accusations of bias floating from both sides at the
                  RCMP hearings, the public is justified in being
                  skeptical that this is the proper forum to investigate
                  police and protesters' behaviour.

                  Vancouver Sun

                  Two weeks after Solicitor-General Andy Scott's
                  ill-advised discussion of the Asia-Pacific Economic
                  Cooperation conference inquiry cast doubts on the
                  inquiry's credibility another shoe has dropped, and a
                  nicely matched though sorry set they make. RCMP Public
                  Complaints Commission chair Gerald Morin has adjourned
                  the proceedings for at least three weeks after being
                  accused of doing what Mr. Scott did.

                  Mr. Scott told friend and Liberal party supporter Fred
                  Toole, during an East Coast shuttle flight, he believed
                  the RCMP tribunal would discipline several officers for
                  their handling of protesters at the economic summit,
                  and, specifically, "Hughie [most likely Staff-Sergeant
                  Hugh Stewart] might be the guy who takes the fall."

                  That the solicitor-general would hint at a set-up and
                  discuss it in a public space did nothing for public
                  confidence in the commission's ability, or inclination,
                  to find the truth. Allegations of similar bad judgment
                  by Mr. Morin, if proven, ought to scuttle the inquiry.

                  RCMP Const. Russell Black says he heard Mr. Morin, at a
                  Prince Albert, Sask., casino after the inquiry began
                  last spring, say RCMP who pepper-sprayed APEC protesters
                  were in the wrong and when the commission resumed in the
                  fall he knew what its conclusions would be.

                  The RCMP, understandably, is concerned about prejudice
                  against it, while the protesters are applying to the
                  Federal Court of Canada to end the hearings -- on the
                  perfectly contrary grounds the commission is
                  historically biased in favour of the Mounties.

                  The Federal Court will also consider the complaint
                  against Mr. Morin, who denies any wrongdoing or
                  prejudice; so far, no corroboration of Mr. Black's
                  charge is reported.

                  Regardless of the court's findings in his case Mr. Morin
                  appears to be in an untenable position. When the
                  hearings resume he would be considering evidence against
                  the same party that accused him of prejudgment. The
                  RCMP, which already has a fear of bias on the part of
                  the commission, could hardly be expected to view the
                  commission with any less apprehension.

                  So -- both the complainants and accused distrust the
                  judges, joined by the third and largest party in the
                  affair, the public, who to a large extent view all this
                  with the same suspicion as they would any authority's
                  internal investigation. Beyond the question of whether
                  RCMP officers were excessively aggressive is the issue
                  of the prime minister's office and how much it
                  influenced what happened last November. The APEC
                  incident raises many questions which require a full and
                  fair examination.

                  Prime Minister Jean Chretien should recognize that this
                  inquiry is tainted beyond hope of credibility and must
                  be abandoned. It's time to appoint a public inquiry.

 _ _ _
 \   /    "Long words Bother me."
  \ /           -- Winnie the Pooh

    




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