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Court File # 34621 IN THE SUPREME COURT OF CANADA (On Appeal from the Court of Appeal for the Province of Ontario) BETWEEN: POLICE CONSTABLE KRIS WOOD, ACTING SERGEANT MARK PULLBROOK, POLICE CONSTABLE GRAHAM SEGUIN Appellant s/Respondents on Cross- Appeal -and- RUTH SCHAEFFER, EVELYN MINTY AND DIANE PINDER Respondents/Appellant on Cross-Appeal -and- IAN SCOTT, DIRECTOR OF THE SPECIAL INVESTIGATIONS UNIT Respondent/Apellant on Cross-Appeal -and- .roLIAN FANTINO, COMMISSIONER OF THE ONTARIO PROVINCIAL POLICE Respondent FACTUM OF THE INTERVENER ABORIGINAL LEGAL SERVICES OF TORONTO INC. Aboriginal Legal Services of Toronto Legal Clinic 415 Y onge Street, Suite 803 Toronto, Ontario MSB 2E7 Christa Big Canoe, LSUC # 53203N Emily Hill, LSUC # 46899Q Tel:(416)408-4041 ext225 Fax: (416) 408-4268 Counsel for the Intervener GREENSPAN HUMPHREY LAVINE GOWLING LAFLEUR HENDERSON 15 Bedford Road 160 Elgin Street, Suite 2600 Toronto ON M5R 217 Ottawa ON KIP IC3 Brian H. Greenspan Hemy Brown Q.C David M. Humphrey Jill D. Makepeace Tel: (416) 868-1755 Tel: (613) 233-1781 Fax: (416) 868-1990 Fax: (613) 563-9869 Counsel for the Appellants/ Ottawa Agent for Appellants/ Cross-Respondent Cross-Respondent Police Constable Kris Wood, Acting Sergeant Mark Pullbrock, Police Constable Graham Seguin FALCONER CHARNEY LLP GOWLING LAFLEUR HENDERSON 8 Prince Arthur A venue 160 Elgin Street, Suite 2600 Toronto ON M5R IA9 Ottawa ON KIP 1C3 Julian Falconer Brian A. Crane, Q.C. Tel: (416) 964-3408 Tel: (613) 233-1781 Fax: (416) 964-8179 Fax: (613) 563-9869 Cou.11se! for the Respondents/ Ottav-1a ..Agent for Respondents/ Cross-Appellants Cross-Appellants Ruth Schaeffer, Evelyn Minty and Diane Pinder SACK GOLDBLATT MITCHELL LLP SUPREME ADVOCACY LLP 11 00 - 20 Dundas Street West 397 Gladstone Avenue, Suite I 00 Toronto ON M5G 2G8 Ottawa ON K2P OY9 Marlys Edwardh Eugene Meehan, Q.C. K. Kelly Doctor Tel: (416) 979-4380 Tel: (613) 695-8855 Fax: (416) 979-4430 Fax: (613) 695-8580 Counsel for the Respondent/Cross­ Ottawa Agent for the Respondent/Cross­ Appellant Ian Scott, Appellant Ian Scott, Director of the Special Investigations Unit Director of the Special Investigations Unit MINISTRY OF COMMUNITY SAFETY BURKE-ROBERTSON AND CORRECTIONAL SERVICE 655 Bay Street, Suite 50 I 70 Gloucester Street Toronto ON M7A OA8 Ottawa ON K2P OA2 Christopher Diana Robert E. Houston, Q.C. Tel: (4I6) 314-3513 Tel: (613) 233-4430 Fax: (4I6) 3I4-3518 Fax: (6I3) 233-4I95 Counsel for Julian Fantino, Commissioner Ottawa Agent for Julian Fantino, of the Ontario Provincial Police Commissioner of the Ontario Provincial Police GOWLING LAFLEUR HENDERSON I60 Elgin Street, Suite 2600 Ottawa ON KIP IC3 Wendy J. Wagner Tel: (613) 233-I78I Fax: (613) 563-9869 Counsel for the Canadian Civil Liberties Association FASKEN MARTINEAU FASKEN MARTINEAU DUMOULIN LLP DUMOULIN LLP 2900- 550 Burrard St. 55 Metcalfe Street Vancouver, B.C. V6C OA3 Ottawa, ON KIP 6L5 Andrew I. Nathanson Marisa Victor Tel: (604) 63I-4908 Tel: (6I3) 236-3882 Fax: (604) 63I-3232 Fax: (613) 230-6423 Counsel for the B.C. Civil Ottawa Agent for the B.C. Civil Liberties Association Liberties Association WEBBER SCHROEDER SUPREME ADVOCACY LLP GOLDSTEIN ABERGEL II6 Lisgar Street, Suite 200 397 Gladstone Avenue, Suite IOO Ottawa ON K2P OC2 Ottawa ON K2P OY9 Howard L. Krongold Eugene Meehan, Q.C. Tel: (613) 235-9779 Tel: (613) 695-8855 Fax: (613) 235-83I7 Fax: (613) 695-8580 Counsel for the Criminal Ottawa agent for the Criminal Lawyers' Association (Ontario) Lawyers' Association (Ontario) INDEPENDENT INVESTIGATIONS SUPREME ADVOCACY LLP OFFICE OF BRITISH COLUMBIA 1 12 h Floor, 13450- 102 Avenue 397 Gladstone Avenue, Suite 100 Surrey. B.C. V3T 5X3 Ottawa ON K2P OY9 Marian K. Brown Eugene Meehan, Q.C. Tel: (604) 586-5676 Tel: (613) 695-8855 Fax: (604) 586-5662 Fax: (613) 695-8580 Counsel for the Independent Ottawa Agent for the Independent Investigations Office of B.C., Investigations Office of B.C., Richard Rosenthal, Chief Civilian Richard Rosenthal, Chief Civilian Director Director STEVENSONS LLP GOWLING LAFLEUR HENDERSON 200- 15 Toronto St. 160 Elgin Street, Suite 2600 Toronto ON M5C 2E3 Ottawa ON KIP 1C3 Maureen Whelton Henry S. Brown Q.C. Tel: (416) 599-7900 Tel: (613) 233-1781 Fax: (416) 599-7910 Fax: (613) 563-9869 Counsel for Urban Alliance on Ottawa Agent for Urban Alliance on Race Relations Race Relations DAVID B. BUTT SHANBAUM SEMANYK PROFESSIONAL CORPORATION 501-205 Richmond St. W. 150 Isabella Street, Suite 1207 Toronto ON M5V 1V3 Ottawa ON KlS 1V7 David B. Butt Terri H. Semanyk Tel: (416) 361-9609 Tel: (613) 238-6969 x. 2 Fax: (416) 361-9443 Fax: (613) 238-9916 Counsel for the Canadian Police Ottawa Agent for the Canadian Police Association and Police Association Association and Police Association of Ontario of Ontario TABLE OF CONTENTS DESCRIPTION PAGE PART 1: OVERVIEW.................................................................. 1 PART II: STATEMENT OF POSITION........................................... 2 PART III: STATEMENT OF ARGUMENT...................................... 3 a) Over-policing of the Aboriginal Community and Vulnerability to Police Negligence............................................................. 3 b) The determination ofthese issues will impact Aboriginal people as a group who are over-represented in the criminal justice system........... 5 c) The Aboriginal people are estranged from the criminal justice system, in part, because of the historic and current treatment of Aboriginal people byPolice.................................................................. 7 d) The integrity of the SIU's investigative process encourages Aboriginal communities' trust in the criminal justice system... 7 PART IV: POSITION ON COSTS............................................... 9 PART V: INTERVENER'S POSITION......................................... 10 PART VI: TABLE OF AUTHORITIES . .. 11 PART VII: RELEVANT LEGISLATIVE PROVISIONS.................... 12 "The overall perspective of an Aboriginal person towards Canadian legal institutions is one of being surrounded by injustice without knowing where justice lies, without knowing whether justice is possible" P.A. Monture-Okanee and M.E. Turpel, "Aboriginal Peoples and Canadian Criminal Law: Rethinking Justice", U.B.C. Law Review(1992, Special Edition: Aboriginal Justice), p.2491 The legislative purpose underlying the PSA and the SIU Regulation is clear and unequivocal: to maintain and foster public confidence in the rule of law and the administration of justice by ensuring that when police actions result in the death of or serious injury to civilians, they are subject to an independent, impartial and effective investigation the conclusions of which are accessible and transparent. Schaeffer v. Wood, 2011 ONCA 716, at para. 58 citing SID Director Scott PART I- OVERVIEW 1. Aboriginal Legal Services of Toronto (ALST) is a non-profit organization that was incorporated to assist Aboriginal people gain access to, and control over, justice related issues that affect them. 2. The shooting deaths on June 22 and 24, 2009 of Douglas Minty and Levi Schaeffer, who were both mentally disabled, were tragic. The Special Investigation Unit (SIU) commenced investigations because both incidents involved Ontario Provincial Police use-of-force that resulted in the deaths. The issues in this appeal and cross-appeal are significant to Aboriginal people and communities because Aboriginal people and police services have historically and currently had a difficult relationship. 3. The outcomes of SIU investigations greatly impact the Aboriginal community because of the over-policing and over-representation that Aboriginal people experience in the Canadian criminal justice system. Because of the historical treatment of Aboriginal people by police agencies and the current context of over-representation, police forces may have to work harder to build bridges and earn the trust of the Aboriginal 1 As cited in: Canada, Royal Connnission on Aboriginal Peoples, Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada (Ottawa: Canadian Communications Group, 1996), p. I, [Bridging the Cultural Divide] [TAB 5]. 2 communities they serve. The transparent oversight and investigation of the use of force by police is an important part of earning the respect and trust of Aboriginal people and working toward a more equitable criminal justice system. PART II- STATEMENT OF POSITION 4. ALST submits that the Ontario Court Appeal decision was correct. The decision provides clarity that is necessary for the development of the law and upholds the administration of justice by striking a balance between the private interest of police officers and the public interest of accountability and a fully informed investigation. 5. ALST adopts the position of the Respondents Ruth Schaeffer, Evelyn Minty and Diane Pinder (hereinafter the "Families") on the main appeal and the Appellant Families on the cross-appeal, including their characterizations of "models" of access. We agree with the Families that the Ontario Court of Appeal created a workable model of communication between counsel and an officer involved. ALST supports "model 1" as set out by the Families in their Factum on Cross-Appeal. 6. We respectfully submit that the Court should take into account and consider the perspective of the Aboriginal community on the issues to be determined in light of the following: a) Aboriginal communities are over-policed and vulnerable to police negligence due to discrimination and various forms of racism,
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  • Montreal, Quebec

    Montreal, Quebec

    MONTREAL, QUEBEC Montreal is the port city where their crossing of the Atlantic ended for many Lithuanians. So it is not surprising that the 1951 Canadian census indicates 3,438 Lithuanians in Montreal and 552 in the suburb of Verdun. Community leader Jonas Kardelis wrote in Lietuvių Enciklopedija (Lithuanian Encyclopaedia) that “Montreal’s Lithuanian community was established about 1900, but the exact date is unknown. Before 1901, no statistics were compiled about Lithuanians and later census figures lumped Lithuanians together with Hungarians and Moravians. It was only after 1921 that Lithuanians were listed separately… The first recorded Lithuanian family name is that of the Štarkas brothers, who arrived from Glasgow in 1902…The number of Lithuanians in Montreal increased after the 1905 revolution because many fled czarist repression…A Lithuanian émigré office was opened in Montreal, with a branch office in Kaunas.” Lithuanians established many organizations in Montreal from 1904 onwards: the Saint Anthony and Saint Paul Mutual Aid Society (established in 1904 and disbanded the following year); the Saint Casimir Mutual Aid Society (22 October 1905); a local chapter of the Lithuanians in America Union; Saint Casimir’s Parish (1907); the Vytautas the Great Society (1907); the Lithuanian Socialist Alliance (1908); the Birutė Mutual Aid Society (1909); Saint Ann’s Society (1911); Saint Elizabeth’s Society (1919); the newspaper Darbininkų Balsas (Voice of the Workers) (1932); a chapter of the Sons and Daughters of Lithuania Society (1928); the Lithuanian Canadian Council (1940). Later on the LCC and the Seimelis, an umbrella group for Montreal’s Lithuanian organizations, were established.