There hasn’t been this much cause for optimism about the direction of politics in America since, oh, April 3, 1968.

Police should not be investigating cases of police-involved deaths, according to former coroner Jeanine Robinson, former Chief Coroner Larry Campbell and current Chief Coroner Terry Smith. They were testifying at the Frank Paul Inquiry when they confirmed that the public is not being well-served by the present system.

Evidence supporting the proposition was then offered in the person of Insp. Robert Rothwell of the VPD, who found “no credible evidence” that Frank Paul’s family was misled about the circumstances of his death. The Inquiry heard that the VPD did not notify the next of kin until January 11, 1999, more than a month after Frank Paul succumbed to hypothermia on December 6, 1998. He had been dumped there, soaking wet and incapacitated, by a Vancouver police wagon driver a few hours before. The family reportedly was told he had been a victim of a hit and run accident.

“Those who cannot remember the past are condemned to repeat it”

George Santayana, philosopher and poet

Sunday, November 28, 1971; Fred Quilt, an obscure aboriginal person living in the Chilcotin region of British Columbia, somehow sustains a fatal blunt force injury to his abdomen as he is being taken from his vehicle to a police vehicle by two members of the RCMP. Other RCMP members investigated the death, and no criminal charges were laid.

Sunday, December 6, 1998; Frank Joseph Paul, an obscure homeless alcoholic aboriginal person living in Vancouver, is found dead of hypothermia in the remote eastside alley where he had been driven and left, in a totally incapacitated state, a few hours earlier by a Vancouver police officer. Other VPD members investigated the death, and no criminal charges were laid.

Both cases resulted in widespread public outrage and political pressure. In the 1970’s, Clarence Dennis was an outspoken First Nations leader who, along with feisty lawyer Harry Rankin, called for criminal charges to be laid. The Attorney General appointed lawyer David Hinds to investigate, a second coroner’s inquest was held, and no charges resulted. Now, David Dennis, Clarence Dennis’ son, is the Vice President of our client, United Native Nations Society. The current Attorney General has caused a Commission of Inquiry to be held under the direction of William Davies, QC., deflecting calls for criminal charges.

Dozens of aboriginals have died at the hands of the police between 1971 and the present, but no police officer has ever been charged, let alone convicted, in any of the cases.

Here’s what Harry Rankin said in 1972: “This Quilt case is not an instance of isolated police violence. It is a symbol that has brought Indians together to fight for something better. We want a law in this country that will give each and every person the same rights. A law that says that when an Indian is lying dead on the road, and two policemen are involved, another policeman isn’t sent out to investigate.”

Will aboriginal persons in BC ever achieve equality and justice?

The Frank Paul Inquiry was interrupted for two days this week as lawyers representing the Attorney General of BC made legal arguments about the scope of the terms of reference that were approved by the Attorney General himself. Richard Peck, QC and Michael Code were seeking a direction from Commissioner William Davies QC that none of the prosecutors involved in the case be questioned about their decision not to lay criminal charges.

Commission Counsel Geoff Cowper, QC opposed the Attorney General’s application, as did lawyers representing Frank Paul’s family, the United Native Nations Society, the BC Civil Liberties Association and Aboriginal Legal Services of Toronto.

On behalf of the UNNS, we argued that the Inquiry’s terms of reference were clear, that other commissions of inquiry have routinely reviewed prosecutorial conduct and decision-mauking and that the issue of why no charges were laid is of critical importance to the Inquiry’s work. We pointed out that objectively, this was a clear case of criminal negligence causing death, but that no police officer has ever been charged in the death of an aboriginal person in BC and that Crown Counsel seem to have an unwritten code that precludes them from laying charges in these cases. These observations have important ramifications for the administration of justice within the province.

Commissioner Davies reserved decision on the application, and the Inquiry resumes next Wednesday, January 23, 2008 with testimony from former Chief Coroner Larry Campbell, current Chief Coroner Terry Smith and other members of the BC Coroners Service. They are expected to testify as to why no inquest was ever held into Mr. Paul’s death.

Barack Obama’s decisive primary win in Iowa is cause for celebration. Our neighbors to the south may finally be coming to their senses after inexplicably electing George W. Bush to two consecutive terms in the White House. Despite his youth and relative inexperience, or perhaps because of it, Barack Obama is the best candidate to lead America forward. For the first time in decades, we can feel truly optimistic that the world can indeed be a better place.