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Ont. police commissioner defends tactics in defusing 2007 aboriginal protest

Published: Monday, July 21, 2008 | 6:22 PM ET CBC News

Canadian Press: Joshua Clipperton And Keith Leslie , THE CANADIAN PRESS

TORONTO - Ontario Provincial Police Commissioner Julian Fantino, under fire for threatening a native protester last summer in his efforts to broker an end to a "possibly volatile" aboriginal protest, broke his silence Monday as he rejected calls for his ouster.

The controversial remarks - contained in transcripts of recorded phone calls and in Fantino's own sworn court testimony - became public last week when an on-again, off-again publication ban in protester Shawn Brant's preliminary hearing was finally lifted.

"I am disappointed that this matter is being portrayed by some in the media and the political arena as something other than the successful negotiation and peaceful resolution of an intense and possibly volatile situation," Fantino said in a statement.

In the transcripts, Fantino tells Brant he will do "everything I can within your community and everywhere else to destroy your reputation" and that his world would "come crashing down" if the standoff with police doesn't come to an end.

With critics calling on the Ontario government to fire Fantino, Premier Dalton McGuinty reiterated his support Monday for the often controversial commissioner.

"It's really easy for us, in this rarefied atmosphere, far removed from the heat of the moment, to pass judgement on Commissioner Fantino," McGuinty said.

"I'm not going to speak to a matter that's before the courts; what I can say is that Commissioner Fantino continues to have my full confidence. He has worked long and hard under very trying circumstances for a very long time now and he has my support."

Fantino's angry rhetoric flies in the face of recommendations made less than a month earlier by a public inquiry that urged police to forge new ties and build trust with aboriginal communities in Ontario, said NDP justice critic Peter Kormos.

"I think it's time for him to go," Kormos said of Fantino. "He should either resign or be fired."

Brant is facing nine charges in connection with the protest, which forced the closure of a portion of Highway 401, Canada's busiest highway, and a CN Rail line near Deseronto, Ont., as part of a national day of protest by First Nations communities last June.

The inquiry was called to probe the shooting of Dudley George, whose death in 1995 at the hands of an Ontario Provincial Police sharpshooter during a standoff at Ipperwash Provincial Park had come to represent a widening gulf between police and Ontario's First Nations.

Kormos accused Fantino of trying to negotiate a volatile situation with language he called "beyond intemperate," "bellicose," "pugilistic" and "inflammatory."

Fantino, however, said "the positive outcome" of the incident, which ended peacefully, speaks for itself.

"The OPP continues to work collectively with legitimate First Nations leadership and communities to ensure that both the interests of participants during lawful protests and public safety can be served in the best way possible," Fantino said.

It was on the aboriginal day of action - June 29, 2007 - that Fantino travelled to Napanee, Ont., about 225 kilometres east of Toronto, to personally take over negotiations to end the blockade.

Brant had been negotiating with OPP officers who were also First Nations members - another recommendation that came out of the Ipperwash inquiry.

On Saturday, Brant's lawyer, Peter Rosenthal, demanded a review of Fantino's conduct and urged the province to suspend Fantino and investigate his comments.

"If somebody does read that transcript who's aware of Ipperwash, they would recognize that there's danger in allowing Fantino to be the head of the OPP," Rosenthal said.

"The danger we talk about is life and death."

The transcripts of the wiretaps and court testimony were made available only after lawyers for Brant and the CBC successfully had the publication ban lifted Friday - but it was a short-lived victory. Crown lawyers convinced the Ontario Court of Appeal to temporarily stay the earlier ruling.

By early evening, however, the same judge agreed to reverse the decision and the information was once again allowed to be made public.

Although extremely rare, requests for rulings can be made without one party present in court in "emergency" situations, said media lawyer Alan Shanoff. In most cases, publication bans on preliminary hearings are intended to protect an accused's right to a fair trial.

Brant, however, had made it clear he didn't want a publication ban, and Shanoff said he didn't see how lifting it could have created an emergency.

"I can't see any emergency other than, 'Wow, this is explosive stuff, it might hurt somebody, I better do something about it,"' he said.

"I don't understand the emergency."