Friday 11 May 2012

Public Inquiry for Charles Leblanc's Case

Dear Professor Hughes and Professor Boudreau,

Thank you for your invaluable learned contributions to the public understanding of the Charles Leblanc case.  Your example in speaking out on important public issues, and that of Professor Mathew Hayes, show how relevant the University has become to upholding the values of our civilization in changing and confusing times.

There remains quite a bit of uncertainty round the issue of an inquiry.  These are very complicated processes which need to be very carefully established to achieve specific ends.  The present circumstances are particularly challenging involving a particular case of police singling out an individual for extraordinary treatment, but with very far-reaching implications for the public interest – freedom of expression, the status of bloggers and the confidentiality of their personal files, and treatment of the vulnerable- to name a few.

While it has been a very difficult experience for Charles LeBlanc, arguably it is primarily the public interest aspect primarily that motivates the need for an inquiry under provincial law.  For this reason, the mandate and scope of the public inquiry should be determined by the Attorney General taking into consideration a diversity of representative views, not only those of the aggrieved party.  I am not suggesting a formal process, but there should be some opening for comment and critique before the key parameters of an inquiry are set.

I do not speak for Charles Leblanc.  However, I believe his objective is not so much personal redress other than recognition that a wrong was done to him and possibly some reasonable restitution.  I believe Charles’ objective in his dealings with the police have been consistently to further the public interest in, among other positive goals, the proper use of police power particularly as it affects disadvantaged groups in society.

As a starting point, I would like to see something along the following lines:

The coming provincial inquiry into the Charles Leblanc case should be structured and mandated broadly to address all facets of our criminal justice system to ensure it will in future deliver justice according to the constitution, individual rights, and the needs and expectations of the broader community.  The instinct is often to limit an inquiry in process and scope, particularly where individual culpability may be in issue.  I suggest this would be a mistake and detract from the proper objective f the inquiry.  The inquiry should be established to find solutions, not to assign actionable fault.  The inquiry should act as a truth and reconciliation commission to dig deeply into all facts related to Charles’ and similar experiences of abuse of police power and miscarriages of justice, and to propose whatever changes are needed to create a justice system that is as fair, equitable and effective as it possibly can be.

I realize that this would be a large undertaking, particularly where the specific issues of the Section 301 event are already complex.  However, all of Charles' actions take place, and can only be understood, in the  broader context in which he places himself: his political activism (Saint John 2006 arrest and trial), his political reporting (2009 arrest and non-trial), his citizen reporting (Stafford case 2008), and his status as and advocacy for the vulnerable and disadvantaged in society.

An issue that is certain to be addressed in an inquiry, which has been almost ignored to date, is the role of Fredericton City Council in the governance of the Fredericton Police Force.  Council took the position early on in the Section 301 incident that it could not interfere with the actions of the Police, relying upon the Police Act.  This position ignored several realities.  First, Council does have positive duties set out clearly in the Police Act to ensure the proper functioning of the Police Force.  Second, it is well known that the Section 301 incident was only the latest in a series of altercations between Charles and the Police stretching back for years.  Well before the raid on Charles apartment in January, 2012, it was clear that the Police were singling out Charles for extraordinary treatment.  There was clearly a failure of police governance in the events leading up to the Section 301 arrest.

The question of police governance in New Brunswick was the subject of study by a committee struck in September 2009 reporting in April 2011:

The objective of these guidelines is to assist board members to better understand their role and responsibilities, and also assist boards by identifying areas in which policy should be developed and providing suggestions for the content and wording of the policy. The guidelines represent the minimum standard of policy development for boards within New Brunswick and should be referred to as best practices.  Police Governance & Oversight in New Brunswick- Policy Guidelines.

Unless I am mistaken, the “board members” referenced here are, in Fredericton, the members of City Council, but there is no indication in the document that Fredericton was represented on the committee, and no mention throughout the events involving Charles Leblanc that Fredericton City Council has any knowledge of the Policy Guidelines established by the committee.

Regards,

Peter Dauphinee

cc Attorney General Marie-Claude Blais
    General Counsel Nathalie DesRosiers, CCLA
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