By Tim Fontaine
APTN National News
The low number of First Nations people on jury rolls has stalled coroner’s inquests into 18 deaths, according to Ontario’s Chief Coroner Dirk Huyer.
Huyer said the inquest for the seven First Nation youth who died while attending the same high school in Thunder Bay is also on hold. The other 11 all involve the deaths of Aboriginal people, including two who died in 2007 and one who died in 2011 while in custody at the Thunder Bay jail.
Coroner’s inquest are held when someone dies in a public institution or when the Coroner deems an inquest may prevent similar deaths. A quasi-judicial hearing, inquests use juries to examine evidence and issue recommendations.
Huyer said the lack of First Nation representation on jury rolls has stalled the inquests.
“They are all on hold for the similar reason arising from the representativeness of the jury roll specifically relating to Aboriginal people,” said Huyer. “This is not a decision made lightly.”
Families of the seven First Nation youth who died under separate circumstances while attending the same high school have long been waiting for an inquest into their deaths. The youth are Jethro Anderson, 15, Reggie Bushie, 15, Robyn Harper, 19, Kyle Morrisseau, 17, Paul Panacheese, 21, Curran Strang, 18, and Jordan Wabasse, 15.
All the deaths occurred between 2000 and 2011.
The three custody deaths include Jacy Pierre, 27, who died in 2007, Ronald Fagan, 21, who died in 2007 and Christopher Coaster, 29, who died in 2011.
An inquest is also on hold into the death of 7 year-old Katelynn Sampson, who was murdered in 2008 by her guardians in Toronto.
Huyer would not reveal the identities of the other deaths that still await a Coroner’s inquest.
He said jury rolls are outside of his jurisdiction and fall under the mandate of Ontario’s Attorney General.
Leaders from the Nishnawbe Aski Nation and Chiefs of Ontario have been calling on the province to immediately rectify the problem so the inquests can move forward and families of the dead can finally get answers.
The Chiefs of Ontario say the province needs to get creative with jury selection, perhaps even asking for volunteers.
“That you can put a request out there to Aboriginal representatives to be on a jury roll, so that you could go ahead with the inquest,” said AFN Ontario regional Chief Stan Beardy.
The issue is also turning political.
NDP MPP Sarah Campbell raised the issue in Queen’s Park Tuesday and read the names of the seven First Nation youth whose inquests have been postponed.
“Will this government take immediate steps to rectify the underrepresentation of First Nations on juries so we can finally go forward with this inquest?” Campbell asked.
Ontario Aboriginal Affairs Minister David Zimmer responded saying the government is working to implement the 17 recommendations made by Justice Frank Iacobucci in 2013.
That report called for sweeping changes to not only how juries are selected but also to Ontario’s justice system as a whole.
The Ontario government has formed a committee to examine the jury issue and is planning to hire an assistant Attorney General to deal specifically with Aboriginal justice.
The Chief Coroner also said he’s examining the Iacobucci Report, seeing if he can use them to improve representation in the inquest process.
Criminal and civic cases draw jurors from the same roll as coroner’s inquests, yet murder trials involving First Nation people continue in northern Ontario.
“We are at a loss as to how the Attorney General is proposing to run jury trials on criminal matters in the North while at the same time our families cannot have access to a jury for a coroner’s inquest. This is becoming absurd,” said Nishnawbe Aski Nation deputy Grand Chief Alvin Fiddler.
The Supreme Court of Canada will also be tackling the issue in the Clifford Kokopenace case. Kokopenace was convicted of murder in 2008, but appealed his conviction because there were no Aboriginal people on the jury. The case is expected to be before the Supreme Court this autumn.
An eventual high court ruling in favour of Kokopenace could add more pressure on Ontario’s justice system, and others across the country, to make changes.
Beardy said he hopes the families of First Nation people who have died don’t have to wait until then before the inquests can begin.
“We need answers, we need some solutions, recommendations and we need protection for our young people and our people.” said Beardy.
@anishinaboy
If a person is charged with murder in Canada is it the law that a jury must include a certain number of ethnic representation