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Fantino suspension pushed

Lawyer says OPP commissioner's threats on aboriginal client all caught on wiretapped conversation

By  IAN ROBERTSON, SUN MEDIA

July 20, 2008

A Toronto lawyer defending an aboriginal accused in the blockading of Hwy. 401 and eastern Ontario's main CN Rail line wants the province's top cop suspended, claiming he threatened his client.

Peter Rosenthal insisted yesterday that Premier Dalton McGuinty suspend Julian Fantino and investigate comments the commissioner made to Shawn Brant on an aboriginal day of action on June 29, 2007.

"There is danger in allowing this man to be left at the head of the OPP," Rosenthal told reporters. "The danger is life and death.

"They should suspend Commissioner Fantino pending an inquiry," he said.

The lawyer was referring to comments made during a phone conversation recorded after the OPP had Brant's phone wiretapped while Fantino was trying to talk him into lifting the highway blockade at Deseronto, between Belleville and Kingston.

"It was a very big inconvenience for some people that day, but it was only for one day and it could easily have escalated into violence," Rosenthal said.

A judge in nearby Napanee ruled early Friday to reinstate a publication ban of the transcript of the wiretap and other evidence at Brant's preliminary hearing. She later reversed her decision after an appeal by the CBC and Rosenthal.

Documents suggest OPP officers were preparing to move in on the First Nations blockades, which police later said ended peacefully.

Rosenthal told reporters there were police snipers in position -- constantly comparing the standoff last year to the fatal shooting in 1995 of native protester Dudley George by an OPP officer in Ipperswash.

Referring to George's death, Rosenthal said Fantino last year came close to disobeying findings of the Ipperwash inquiry, which urged a better understanding of native issues and calm negotiations.

"This type of attitude is going to lead to another Ipperwash ... given the number of protests that take place," the lawyer said.

Wiretap transcripts provided to reporters by him quote Fantino telling his client he would do "everything I can within your community and everywhere else to destroy your reputation."

The commissioner is also quoted telling Brant, who alleged Fantino broke a promise in April not to have him charged after the CN Rail blockade with an old school bus: "Shawn, your whole world's going to come crashing down on this issue."

In the transcript, Fantino also warned Brant such disruptions hurt the reputation of natives seeking redress over old land claim issues -- which Rosenthal did not quote during his press conference.

But when questioned by reporters, he admitted the commissioner may have been influenced to give Brant a strong warning because the OPP "may have some crazy informant ... some lunatic who phoned up and said they were going to shoot cops."

At the preliminary hearing, Rosenthal asked if Fantino knew Brant did not represent all the Mohawks of the Bay of Quinte, and that political divisions were delaying an answer about re-opening Hwy. 401.

Fantino replied he thought "all along that Mr. Brant was in charge. "I felt all along that his rhetoric was more a stalling tactic, and I say that because I had a number of other people approach Mr. Brant to get him to back down, people from his own community, and he obviously refused," the commissioner says in the transcript.

The OPP declined comment, saying the case is before the courts. Fantino could not be reached yesterday.

Brant faces nine charges related to the blockade.