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Lawyer wants Ontario's top cop suspended


Ken Meaney
Canwest News Service

Saturday, July 19, 2008

Canadian Press

The lawyer for aboriginal protester Shawn Brant called Saturday for the Ontario government to suspend Ontario Provincial Police Commissioner Julian Fantino while it investigates comments he made to Brant during an aboriginal blockade last summer.

Peter Rosenthal says Fantino's at-times heated comments fly in the face of the force's own conduct guidelines put in place after the inquiry into the death of native protester Dudley George in September 1995 during a protest at Ipperwash Provincial Park.

The comments were made during wiretapped conversations between Fantino and Brant, the leader of a Mohawk protest in eastern Ontario that prompted the closure of Highway 401 a year ago. They were played at Brant's preliminary inquiry and released publicly on Friday after being freed from a publication ban.

"It's my opinion, if one looks at the testimony from Chief Fantino at the preliminary inquiry (for Brant), it becomes clear that his actions and his attitude are contrary to what was recommended in the Ipperwash inquiry," he said.

The Ipperwash report called for "mutual respect" between aboriginals and police, he said.

"To have an attitude such as Mr. Fantino expressed, in my view leads to a good chance of violence."

Rosenthal said he wants the premier's office to investigate the comments immediately, although he expressed surprise that Premier Dalton McGuinty had said Friday he has full confidence in Fantino.

"Well, he should read the transcripts of his evidence and see if he still has full confidence," he said.

Rosenthal also called the wiretapped conversations "highly unusual" in that they were obtained without judicial authorization.

Fantino went to Napanee, Ont. at the time of the standoff, and negotiated personally with Brant in an attempt to end the blockade.

In one exchange late in the day, Fantino says: "Shawn, we're not negotiating anymore. We've done it all night I'm now telling you for the sake of all that's decent and holy, and the things you're trying to achieve and to ensure that the reputation and the credibility of First Nations people, which I think is being very severely damaged. I'm now telling you, pull the plug or you will suffer grave consequences."

The police ultimately did not raid the blockades and protesters removed them later in the day. But the closures snarled traffic and brought commercial rail traffic to a standstill for several hours on a day that otherwise featured peaceful protests across the country.

Brant is charged with nine counts, including mischief, stemming from blockades on Highway 401, Highway 2 and a CN Rail line near the eastern Ontario town of Deseronto on June 29, 2007, which prompted provincial police to close the highway and CN to suspend all rail service on the Montreal-Toronto corridor.