Yesterday afternoon, Cheryl Tobias and Sean Hern, counsel for the RCMP and VPD respectively, joined in a prolonged submission seeking an order from Commissioner Oppal that “there be no publication or broadcast by any means, including on the internet or through social media, of…any information that could reveal the identity of any living person identified as an actual or potential victim, witness, suspect or accused.”  The only exception would be thirteen people on a list they submitted.  We have been assured that an order will not be made until we have a chance to respond.

To put this matter into context, the RCMP and VPD have already vetted all the documents that they have produced to the Commission and heavily redacted them pursuant to a protocol reached between their counsel and Commission Counsel, without any prior consultation with us.  In order for us to access the redacted documents, we were obliged to sign an “Undertaking of Counsel” preventing us from discussing or disclosing the material except under strict conditions.  Yesterday morning we learned that counsel for the RCMP intends to vet the redacted documents again and redact them further before they are disclosed to the public in the inquiry process. 

The police are clearly intending to keep a tight lid on any information that is disclosed not only to us as counsel, but to the public. They seem to want to manage and package this story, and disclose only what they want the public to hear.  We perceive that such an approach is contrary to the purpose and intent of a public inquiry and intend to resist any measure that unduly restricts free expression rights or that prevents our clients from learning the truth.  We will use every means at our disposal to pry the lid off this case and help the Commission to ferret out all facts relating to the investigations of the disappearances and murders of Vancouver women. 

On another related front, we have repeatedly expressed our concerns about the adequacy of police document disclosure to date.  We feel that they have barely scratched the surface and that many pertinent records remain undisclosed.  Our application for further and better disclosure is pending.

Tom Morello aka The Nightwatchman, guitar god and inspirational social activist, brings his one man revolution to the Vogue Theatre in Vancouver tonight.  Do not miss it!

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Cst. Lofroth's M-16 and rounds remaining after firing eight bullets at Rodney Jackson

The coroner’s inquest into the 2009 RCMP shooting death of Rodney Shayne Jackson concluded late Friday evening with the jury classifying the death as a homicide and making 13 recommendations, including a recommendation to the BC government that “the independent investigation office be implemented in an expeditious manner.”

It can be reasonably inferred from that recommendation that the jury believed that the RCMP investigation of the RCMP shooting was flawed.

The jury heard that the ERT operation followed an exchange of e-mails in which a junior New Hazelton RCMP member said, “Let’s get an ops plan in action to get this guy before winter hits. ERT, helicopter all the fun stuff.” His superior responded, “please do up a general profile of JACKSON to include all of his offences he is being charged, number of warrants, flags and our input as to the danger this sus poses (ie. proficiency out in the bush, with firearms, cop hater, record of violence, etc etc.)” According to the criminal record submitted as evidence at the inquest, Mr. Jackson’s last prior conviction was a conviction for breaching a recognizance eight years earlier.

Seven members of an RCMP ERT (Emergency Response Team) mobilized at 4:30 a.m. on September 26, 2009 to apprehend Mr. Jackson on some old outstanding warrants. They put on camouflage fatigues and face paint, and, each armed with a sidearm and an M-16 assault rifle like the one depicted above, covertly crept into the Kisgegas fishing village where Mr. Jackson was residing. Cst. Bruce Lofroth, the ERT leader, fired eight rounds at Mr. Jackson when he emerged from his cabin to see why his dogs were barking. The fatal shot struck him in his back. Mr. Jackson was probably holding his old Lee-Enfield .303 in one hand, which he invariably carried with him because he was in grizzly bear country, but it was recovered unfired and with the safety on.

The RCMP investigators did not interview any of the seven ERT members or separate them, steps that would have been fundamental to any competent investigation. Cst. Lofroth consulted a lawyer and submitted a brief typewritten explanation for his actions on November 16, 2009, some six weeks after the fatal shooting.

The RCMP nonetheless immediately determined the shooting was justified and made no report to Crown Counsel.

The coroner’s inquest into the fatal shooting of Rodney Shayne Jackson gets under way this Friday when the coroner will hear the deposition evidence of RCMP Cst. Mark Shaw, who was one of the RCMP officers involved in the fatal shooting of Mr. Jackson near Hazelton on September 26, 2009. The deposition is scheduled to begin at 9:00 a.m. on August 26 at Coroners Court, 2035 – 4720 Kingsway, Burnaby, BC. The inquest itself is scheduled for September 12-16, 2011 at BC Supreme Court, 3408 Kalum St., Terrace, BC.

The Ministry of the Attorney General made this announcement on May 19, 2011:

“Final report in Frank Paul inquiry delivered

VICTORIA – The final report into the death of Frank Joseph Paul has now been delivered to Attorney General Barry Penner by inquiry commissioner William H. Davies, QC.

The report will be released to the public following the process required under the Public Inquiry Act, which requires that the attorney general submit the report to cabinet at the next meeting after its receipt.

Cabinet may provide direction to the attorney general regarding any portions of the report that must be withheld by law under the Freedom of Information and Protection of Privacy Act. The final report will then be prepared and tabled with the legislative assembly. ”

We, other counsel who appeared for interested parties, and the public are still waiting to see the report that was generated in respect of the Criminal Justice Branch’s (Crown Counsel’s) response to Frank Paul’s death.