Police Complaints newsletter WC - Nishnawbe

Nishnawbe-Aski Legal Services Corporation
Police
Complaints
July 2015
Inside this issue:
Police Misconduct Against NAN
Members
1
“If Your Stopped by the Police”
Assault charges stayed against
60-year old
3
4
Missing & Murdered Aboriginal
Women
The Late Gideon Kakepetum
5
Introducing the Gladue Worker
Program
8
Landmark Gladue Sentencing
Circle
Community Learning HUB
9
7
10
Map of Police Complaints in NAN 12
Referral Form for Victim Witness
Liaison Services
Office of the Police Review
Directorate: How to Make a
Complaint
Special Investigations Unit : The
Investigative Process
Nishnawbe-Aski Police Services:
Professional Standards Bureau
14
New Hires at NAN Legal
Update re: Court in
Mishkeegogamang
17
“Know Your Rights If Your Child
is Apprehended” card
18
St. Andrews Dew Drop Inn
19
Staff Photos
20
NAN Resolution: Required
Consultation with NAN Legal
Services on Delivery of Programs
21
Celebrating 25 years!
22
Board of Directors & Staff
Directory
23
Celebrating
25 years!
Check out Page 20
15
15
17
18
Special Issue
Police Misconduct Against NAN Members
Article by Celina Reitberger, Executive
Director
It started with the card “Police Arrest:
Silence is Golden”. A couple of years ago
we received a report of a Dennis
Franklin Cromarty high school student
who had been subjected to a starlight
cruise. We at Nishnawbe-Aski Legal
Services Corporation (NALSC) have
been going into this school to teach
students about their rights when they
first arrive in Thunder Bay. Obviously, it
was not enough.
So the card was developed to be used by
students to help them deal with police.
The card actually outlines a dialogue that
can be read to the police. (see Page 3)
Celina Reitberger addressing students at the Victoria Inn, September 2014. That same winter a young woman came to see me. She had witnessed a domestic
assault and was at that time ill-treated by the police. She had taken a photo of the
licence plate of the cruiser. (We encourage people to use their cell phones to
record incidents of abuse). On her behalf a complaint was made to the Office of
the Independent Police Review Director (OIPRD). Unfortunately, the police
version was accepted by the investigating team. This is not unusual. But the result
of this complaint was that we began to track complaints against police by
Nishnawbe Aski Nation (NAN) members.
Then the case of MRK came to our attention. She was charged with three
criminal offences including two counts of assault police, and one count of
obstruct police after an occurrence in front of the Northern Store in Moosonee.
Her son was being beaten by 3 police officers and she intervened. She suffered a
spiral fracture to her upper left arm. She is a small woman.
…..continued on next page…..
Thunder Bay Office: 86 S. Cumberland Street, Thunder Bay, Ontario P7B 2V3 (807) 622-1413 (800)-465-5581 www.nanlegal.on.ca
Head Office: Suite 106—100 Anemki Drive, Fort William First Nation, Thunder Bay, Ontario P7J 1J4
Police Complaints
Her first language is Cree and she speaks little English. The Crown was not seeking a custodial sentence, so she did not
qualify for legal aid. When this situation was brought to our attention we approved a Legal Aid Certificate and MRK and
her lawyer successfully defended the case. I believe a civil law suit has been launched on her behalf. (Read “Assault
Charges Stayed Against 60-year old” on Page 4.)
The MRK case resulted in a change here at NALSC. Community Legal Workers (CLW) now question anyone charged
with assault police, resist arrest and/or obstruct justice to find out if they have been the victim of abuse by the police. If
yes, they will get a certificate no matter what. I encourage anyone who feels they have been ill-treated by police to
contact me for assistance 807-766-7075.
Complaints have been received. A map was created showing where the incidents occur (see page 10). A pattern
emerged. Many of the serious assaults occurred in the small towns of Moosonee, Pickle Lake and Sioux Lookout. These
areas are policed by the Ontario Provincial Police (OPP).
What to do if you are the victim of police abuse?
Try to get the badge number of the officer(s). Ask for it! It should be visible somewhere. Use your cell phone to record
the encounter or ask others to do so. Report it immediately.
In the case of serious injury to you during the course of an arrest the Special Investigation Unit (SIU) is brought in to
investigate. Otherwise you can make a complaint to the OIPRD. In either case we can assist. If you are a victim of police
abuse you may be able to make a claim for money to the Criminal Injuries Compensation Board. One of our Victim
Witness Liaison workers can assist you.
With respect to complaints against Nishnawbe-Aski Police Service (NAPS) – the SIU and OIPRD are not involved.
There is an internal process. The officer in charge of investigations is Insp. Pierre Guerard. He works out of the
Thunder Bay detachment. NAPS is quick to respond to these reports and I believe they are dealt with more quickly. I
have found them to be fair.
For example, in a recent case in a Matawa community the Chief and Council had a concern about one of their members
who videoed a NAPS officer beating a prisoner in front of his house. The video was shared with Insp. Pierre Guerard
and the officer was transferred out immediately.
Since we have been tracking abuses, individuals who were seriously injured and are working their way through the
courts are being tracked.
For our part we have been working with the Thunder Bay Police Department (TBPD). I sit on the Executive Committee
of Aboriginal Liaison. We meet quarterly. But more importantly, if issues arise I can talk to Chief Levesque right away. If
TBPD needs our help a conference call is arranged.
Recently, the then Ontario Regional Chief Stan Beardy and I met with the Commissioner of the OPP to discuss the
issue of police misconduct. Many recommendations came from the meeting. One important one was to strike an
Aboriginal Liaison Committee in Sioux Lookout, Pickle Lake, Geraldton, and Moosonee that would have 50% Aboriginal
membership. We also submitted that the awareness training needs to be specific to the communities the officers are
going to serve. I went to Orillia in late April to meet with the OPP (Provincial Liaison Team and Native Awareness
Training Unit).
Police abuse of Aboriginal people is unacceptable. If you are subjected to abuse or witness abuse please contact NALSC.
We are here to help.
Page 2
(NOTE: The report of the starlight cruise proved to be false.)
Special Issue
The “If Your Stopped by the
Police” card (shown on the right) is
available at our office locations
and on our website at
www.nanlegal.on.ca
Chantelle Johnson & Vernon Morris at the Sioux Lookout office Drum group from Moose Factory, who were part of the opening ceremonies at the NAN‐East Justice Summit in March 2015 Page 3
Police Complaints
Assault charges stayed against 60-year-old
MOOSONEE—Charges have been stayed against a 60-year-old Moosonee woman whose arm was fractured in an
altercation with police after she tried intervening in the arrest of her son.
Mary Rose Koostachin was charged after intervening while her son, Eric Koostachin, 25, was being placed under arrest
by the Moosonee OPP in July 24, 2013.
The officers used pepper spray, batons, and struck Eric Koostachin repeatedly in the head, legs, and arms in effort to
place him under arrest. The use of force employed by two uniformed and one off-duty officer resulted in Eric
Koostachin losing consciousness.
Mary Rose Koostachin’s defence lawyer, Sharon Sabourin, said the elderly woman was fearful for her son and
intervened trying to stop police from striking her son. In response, police struck the elderly woman with a baton,
“tackled her forcibly to the ground, and further kicked her in the chest while in a seated position on the ground.”
These measures resulted in a serious spiral fracture to her left upper arm.
A video capturing the incident was posted on YouTube shortly afterwards and quickly went viral.
A few days after the incident, police determined they would charge Mary Rose Koostachin with three criminal offences
including two counts of assault police, and one count of obstruct police. She was subsequently summoned to appear in
court and through her defence counsel Sharon Sabourin requested a trial which was scheduled to begin on Tuesday.
She appeared before Judge Ralph Carr in Moosonee provincial court Tuesday.
However, rather than proceeding to trial, Assistant Crown Attorney Dale Cox determined that it would not be in the
public’s interest to proceed any further. He explained that he considered the fact she had no prior criminal convictions
and that even if there was a conviction reached, the likely result would still be a discharge. He therefore directed the
court to enter a stay of proceedings.
Sabourin stated afterwards that Mary Rose Koostachin was pleased to have the charges stayed, after almost a year
since the incident.
Mary Rose Koostachin underwent surgery on her arm in October 2013 to repair the injury which left a scar the entire
length of her upper left arm.
Sabourin said her client still does not have full mobility and continues to have pain. Mary Rose Koostachin attends in
Kingston once every three months for follow up and treatment.
The news article appeared in the Timmins Press on June 4, 2014.
Article republished with permission from Sun Media, a division of Postmedia Network Inc., Toronto, ON.
Mary Jean Robinson (center), former NALSC LAO Area Director, and the Community Legal Workers at her retirement dinner in March 2015. Page 4
Special Issue
Missing & Murdered Aboriginal Women
At the last meeting of the Board of Directors for Nishnawbe-Aski Legal Services Corporation (NALSC) in April 2015,
the issue of missing and murdered indigenous women (MMIW) was brought up. The Royal Canadian Mounted Police
(RCMP) report on MMIW and statistics were questioned. We were asked to clarify.
A participant at the NAN-East Justice Summit held in Moose Factory in March 2015
asked if NALSC was doing anything about MMIW. And this is a valid question
considering there are missing and murdered Aboriginal women from the Nishnawbe
Aski Nation (NAN) territory. In May 2015, family members of Sarah Skunk (missing),
Viola Panacheese (missing), and Rena Fox (unsolved) held the “Mishkeegogamang –
MMIW Walk in Honour of our Missing Women”. They walked from their community of
Mishkeegogamang to Thunder Bay to raise awareness on MMIW. They walked to also
remember unsolved/unresolved cases involving other members from their community.
While NALSC is not active specifically on MMIW, during Idle No More in winter
2012/2013, complaints were received from First Nations people in Thunder Bay about
starlight tours. The Executive Director Celina Reitberger helped NAN band members
with their complaints, which involved the police. Since then NALSC has started to track
complaints of police abuse and assist with complaints against police forces serving the
From left: Melissa Skunk, Vicky NAN territory. NALSC is very active in dealing with issues of this nature.
Loon & Eva Skunk, family of But let’s look at the RCMP’s May 2014 report, “Missing and Murdered Aboriginal
Women: A National Operational Overview”, and the June 2015 update, “Missing and
Murdered Aboriginal Women: 2015 Update to the National Operational Overview”.
Sarah Skunk, after completing their walk to Thunder Bay. (Photo credit: Treena Ashmugeesha) It is clear the Report was a response to the criticism received by police forces in Canada regarding their lack of action
on MMIW. It is also clear the Update was about showing everyone (Aboriginal families, the Canadian population, the
international community) that the RCMP is doing something and has in fact solved cases of murdered Aboriginal
women.
Here are some key findings in the RCMP Report:
 There were 164 missing Aboriginal females (listed as missing for more than 30 days on the Canadian Police
Information Centre system as of November 4, 2013) and 1,017 Aboriginal female homicides (between 1980
and 2012); the total number of police recorded incidents of unresolved missing Aboriginal females
and Aboriginal female homicides is 1,181
 Aboriginal women are overrepresented in female homicides (approximately 16% of all female homicides between
1980 and 2012, or 1, 017 of 6,551 female homicides
 The overrepresentation of Aboriginal women is based on the 4.3% that Aboriginal women represent in the overall
female population in Canada (National Household Survey)
 There was an increase of Aboriginal female homicide victims, from 8% in 1984 to 23% in 2012 (meanwhile there
was a decrease in non-Aboriginal female victims)
…..continued on next page…..
Page 5
Police Complaints
From the RCMP Update, here is key information:
 Another 32 Aboriginal women have been murdered (based on RCMP data in 2013 and 2014, and for cases in
RCMP jurisdiction only)
 Since the May 2014 Report, another 11 Aboriginal women are missing
 Both numbers above are in addition to the already 1181 of missing and murdered Aboriginal women
 In 100% of solved homicides of Aboriginal women, the offender was known to the victim (based on
RCMP data in 2013 and 2014, and for cases in RCMP jurisdiction only)
The Report compared the perpetrators against Aboriginal versus non-Aboriginal female homicides. In the figure below,
30% Aboriginal female victims were most often killed by an acquaintance compared to 19% for non-Aboriginal female
victims. However, acquaintances included johns and pimps. Note for spousal cases it is 29% Aboriginal female victims
compared to 41% non-Aboriginal female victims.
Figure 8 – Offender-to-victim relationship, female homicides,
1980-2012 (from the Missing and Murdered Aboriginal Women: A National
Operational Overview, page 12)
There is a strong link between homicides of
women and family violence. From this,
essentially what came out of the Report is
the implication that it is the fault of the
Aboriginal people and the Aboriginal
community that their women are missing or
are murdered. It is bad enough that families
are dealing with their missing or murdered
loved ones but they now also have to deal
with blame directed at them from Canada’s
national police force. And the blame or fault
is not the responsibility of the police forces.
The RCMP acknowledges it can only do
something about the cases within its
jurisdiction. But here is an interesting
statistic. In the Report, the RCMP state 46%
of unresolved cases of missing and murdered Aboriginal females fall within the jurisdiction of other provincial or
municipal police forces. The RCMP have directed their Divisions to review all outstanding cases to ensure all
investigative avenues have been explored, but what are other provincial or municipal police forces doing about the
unresolved cases in their jurisdictions? Note that in the NAN territory it is not the RCMP who have jurisdiction but
other police forces.
So getting back to the questions about MMIW, the RCMP Report and Update do not address the concerns that Aboriginal
people have. Yes, it is good that some cases are being solved and some Aboriginal families do have closure (and maybe
justice) for their family member. But what about the families who have a family member missing and the family is not
taken seriously nor are they being helped with finding their loved one? What about the family whose loved one was
murdered and the killer(s) not found? What about the family who is left with questions and feeling helpless or hopeless
because their loved one’s case was closed? What about the deaths ruled other than murder, but the family believes it
to be otherwise? What about the way Aboriginal families are treated by police or the way their loved ones are being
Page 6
…..continued on next page…..
Special Issue
treated by the police? These are the
types of questions or concerns that
Aboriginal people in Canada want to
have answered. The RCMP Report and
Update do not answer any of these.
Aboriginal people in Canada deal with
overt and systemic racism in policing,
profiling as well as discrimination,
prejudice and negative stereotypes. In
the NAN territory, these same
systemic issues exist, along with police
brutality in key NAN communities
(mainly those situated close to urban
centres such as Red Lake, Sioux
Lookout, Pickle Lake, and Moosonee).
People deal with a ho-hum attitude or
approach by police officers when
reporting incidents of any nature.
Imagine the frustration if someone is
reporting a missing family member and
trying to deal with a police force that
could care less about an Aboriginal
person. Case in point, recall the
Vancouver Police department and the
failed (or lack of) investigations by
police on disappearances of women
who were Robert Pickton’s victims.
So, to get back to the RCMP and the
reports; it sits poorly in the mouth of
the RCMP to claim it is Aboriginal
communities that failed to provide for
and care for their members when it is
outside forces such as the RCMP and
other police forces who have a sordid
history of failing to serve and protect
the communities they have been
assigned.
All statistics are from the 2014 RCMP Report on
“Missing and Murdered Aboriginal Women: National
Operational Overview” and the “Missing and
Murdered Aboriginal Women: 2015 Update to the
National Operational Overview”.
THE LATE
GIDEON KAKEPETUM
COMMUNITY LEGAL
WORKER
Nishnawbe-Aski Legal Services
Corporation (NALSC) was
saddened to lose colleague and
friend Gideon Kakepetum on
January 9, 2015.
Gideon was a Community Legal
Worker (CLW) serving the
Keewaytinook Okimakanak (KO)
First Nations communities.
He started with NALSC in 1990, becoming the first CLW to be hired,
and also the longest serving Community Legal Worker.
Gideon enjoyed serving his clients whether it was on location at the
many courts he attended in the North, at his office in Sioux Lookout,
or over the telephone. He was always ready to share his knowledge
and experience with his co-workers, and helpful to newly hired
CLWs. He was dedicated to his work, and passionate about the
people of Nishnawbe Aski Nation (NAN) especially the youth he
sometimes visited in the schools.
Many of his colleagues remember Gideon as a kind and humble man,
who had a great sense of humour. He loved to laugh and make others
laugh. Our Staff - past and present - has many fond memories of
Gideon.
Nishnawbe-Aski Legal Services Corporation honours Gideon for his
many years of service and dedication to his job and to the people of
NAN. Gideon will be missed greatly by his co-workers, and the
people he served in the KO communities.
NAN LEGAL SERVICES—PROGRAMS & SERVICES





Legal Aid
Community Legal Workers
Public Legal Education
Gladue Workers
Community Learning HUB





Victim Witness Liaison
Talking Together
Restorative Justice
Youth Justice
Youth Intervention
To access our programs and services, call us at
(807) 622-1413 or 1-800-465-5581.
Page 7
Police Complaints
Introducing the Gladue Worker Program…
Nishnawbe-Aski Legal Services Corporation (NALSC) launched its Gladue Worker program in December 2014. The
program is funded by Legal Aid Ontario and made it possible for NALSC to hire three Gladue Workers to service the
Nishnawbe Aski Nation (NAN) territory.
The Gladue Workers will write Gladue reports detailing the unique life circumstances of Aboriginal offenders from the
NAN territory who are charged with criminal offences and applying for bail OR who have pled guilty (or been found
guilty) of criminal offences and are being sentenced.
The Gladue report will link the life story of an Aboriginal offender to the broader issues facing Aboriginal people, such
as the effects of colonization and the inter-generational trauma of residential schools or the Sixties Scoop.
The Gladue report will also provide detailed recommendations for the judge to consider in terms of sentencing. At the
sentencing stage, judges will get the support they need to ensure the legislation, which mandates seeking alternatives to
incarceration such as restorative justice, is applied in a meaningful way. In more serious cases, sentences can be tailored
to address healing.
The emphasis for NALSC Gladue Workers will be to provide Gladue reports at bail court and the bail stage, and be
instrumental in reducing the number of accused held in pre-trial custody.
The Gladue Workers will prepare Gladue reports for qualifying First Nation members from NAN. The Gladue
Workers are based at NALSC office locations in Sioux Lookout, Timmins, and Thunder Bay.
For more information on Gladue reports, contact a Gladue Worker.
Bryan Phelan
Phone: (807) 737-8065
Email: [email protected]
Jennifer McKenzie
Phone: (807) 623-3967
Email: [email protected]
George Edwards
Phone: (705) 268-1455
Email: [email protected]
Bearskin Lake
Cat Lake
Deer Lake
Fort Severn
Kasabonika Lake
Keewaywin
Lac Seul
MacDowell Lake
Mishkeegogamang
Muskrat Dam
North Caribou Lake
North Spirit Lake
Pikangikum
Poplar Hill
Sachigo Lake
Sandy Lake
Slate Falls
Wapakeka
Wawakapewin
Wunnumin Lake
Kitchenumaykoosib Inninuwug
Aroland
Constance Lake
Eabametoong
Ginoogaming
Hornepayne
Long Lake #58
Marten Falls
Neskantaga
Nibinamik
Webequie
Attawapiskat
Beaverhouse
Brunswick House
Chapleau Cree
Chapleau Ojibwe
Fort Albany
Kashechewan
Matachewan
Mattagami
Missanabie Cree
MoCreebec Council of the Cree
Nation
Moose Cree
Taykwa Tagamou
Wahgoshig
Weenusk
Page 8
Special Issue
Landmark Gladue Sentencing Circle
Article by Arturo Acosta, Summer Law Student
The new consolidated courthouse in Thunder Bay made restorative justice history on June 19, 2015.
Gagii’gimigo’isiwi’ning, the Aboriginal Settlement Conference suite, heard its first Gladue Sentencing Circle and it was
adjudicated by Justice Joyce L. Pelletier. At the heart of the hearing was our client’s life journey. His story was depicted
in a comprehensive Gladue report authored by Jennifer McKenzie, Gladue Worker from the Nishnawbe-Aski Legal
Services Corporation (NALSC). Although our client and Ms. McKenzie may not have realized it, they both have
initiated a process that will help improve access to justice for Aboriginal people for more than seven generations to
come.
Initially, the sentencing hearing was going to occur in the usual cold and mechanical manner, in a nameless 3rd floor
courtroom. However, before allowing the hearing to begin, Justice Pelletier questioned counsel on why our client was
not being sentenced in the Gagii’gimigo’isiwi’ning suite, the court room specifically designed and built for Aboriginal
offenders participating in a Gladue hearing. This dialogue created a chain reaction which caused the Gladue sentencing
circle to occur. Without Justice Pelletier’s passion to provide the citizens of northern Ontario proper justice, our
client’s voice would not have been properly heard.
I first learned about the benefits of restorative justice while studying Criminology in my undergraduate program. I read
scholarly journal articles about social scientists researching the effectiveness of sentencing circles. The results of each
study were the same; they stated a sentencing circle had the ability to empower the various participants. However, its
power cannot be truly appreciated unless you witness one take place firsthand.
Using the Gladue report, Mr. David Kiesman, defence lawyer, provided the circle with an in-depth view into our
client’s world. Mr. Kiesman’s advocacy empowered our client to further speak on his own behalf. His journey was filled
with unimaginable obstacles, tragedy, and regret. However, when he spoke, his resilience, strength, and his
determination to right his wrongs became apparent.
Although our client has not been a perfect person (several of his crimes were serious), the Gladue report allowed the
circle participants to have a better understanding of why our client has found himself in his current position. The
report created a sense of openness and ameliorated the negative aspects of the adversarial justice system.
Conducting the Gladue hearing in the Gagii’gimigo’isiwi’ning suite enhanced our client’s ability to display his true
capabilities. Mr. Kiesman highlighted how our client had earned his high school diploma, his ambition to study
philosophy, and how he had written a letter to the editor that was published in the Chronicle Journal newspaper. Both
his mother and daughter were given the opportunity to speak about his kindness when he is well and how much they
would like him to be more involved in their lives. The image of a man who has the potential to do something better
with his life is what emerged from the Gladue hearing.
Despite having four unenthused police officers guarding the 4 directions, the serenity and positive energy in the
Gagii’gimigo’isiwi’ning suite was overwhelming. It was clear that Justice Pelletier wanted to help our client, but she also
expressed her concern for the safety of the community. Regardless, even if he is given the exorbitant sentence
requested by the Crown Prosecutor, his time spent in custody will not be in vain because when Gladue Sentencing
Circles become routine and commonplace in Thunder Bay, Ontario will know it all started with the contributions
made by this client.
Page 9
Police Complaints
Community Learning HUB
The Community Learning HUB is a digital suite of programs that enhances the way life skills are delivered to youth and
young adults. This innovative tool engages the participant to use the touch-screen technology, leaving both the
facilitator and the participants feeling more connected and energized.
Programs offered from the HUB:






Northern Ontario Substance Abuse Program
Northern Ontario Anger Management Program
Employment Program
Cultural Teachings
Girls Group
Financial Literacy
The HUB can be delivered to a room full of participants in a workshop setting that utilizes a projector or a Smart
Board, or on a one-to-one basis using a Dell 27” touch screen computer.
Program Objectives
The Northern Ontario Anger Management Program has 12 sessions that can be completed in six
workshops. Each session ranges from 1 hour to 1.5 hours depending on group size and participation level.
Objectives include:




Recognizing anger as an emotion
Ability to develop self-regulation of emotion
Help youth to understand the negative effects of aggression and relationship abuse
Teach participants basic techniques for impulse control, including stopping, calming, perspective taking, and
problem-solving
The Northern Ontario Substance Abuse Program has three sessions, and can be completed in four
workshops. Each session ranges from 1 hour to 1.5 hours depending on group size and participation level.
Objectives include:
 Establish a common language enabling youth to recognize the most critical information and understandings from
within the whirlwind of competing signals in the public discourse on substance abuse
 Help youth to understand that the development of cravings is the critical and unifying harm associated with the use
of substances (and/or addictive behaviors) by youth
 Provide youth with supportive, open-ended spaces in which they may express their thoughts and feelings
concerning their experience of substance abuse and the impact of substance-motivated behavior within their lives
Upon completion of any HUB program, the participant receives a Certificate of Completion.
Program Demo
To book a demonstration of the Community Learning HUB for your organization, contact Lloyd Redsky at
[email protected] or (807) 622-1413.
Page 10
Special Issue
Page 11
POLICE COMPLAINTS IN NAN
Page 12
SINCE NALSC BEGAN THE
“RIGHT TO SILENCE” CAMPAIGN
 No charges —told to say nothing
arrested and released.
 Four people pepper sprayed. 3
SIOUX LOOKOUT:
 Repercussions from local police
proceed
 Refer to OPP—decided not to
 E.W. inappropriate touching
Lac Seul—Lac Seul Police:
 Option still open
 Diverted
 Charged –resist arrest
 Broken finger
A.K.—OPP
 OIPRD goes nowhere because  Went to nursing station
 Drinking– got the time wrong
failed to respond to ambulance
service. Subsequently died.
 Sonny Slipperjack—Police
TBPS
fault died
 Officer who may have been at
no fault
 Still facing charges, SIU found
collapsed—needs surgery
 Several broken ribs/lung
handcuffed and kicked by
policeman in the side
 While being arrested,
M.W.
she and witness drinking
 Roughed up by police
 OIPRD– insufficient evidence
used excessive force—
slammed her head to floor 3x.
Bruises on cheek
 When at police station, police  Officer was transferred
 Cut up ID, urinate on laundry
 Hold gun to face
 Dynamic entry
P.W.– OPP search (suspecting drugs)
 Civil suit pending
unidentified handcuffed
prisoner. Incident recorded
 Extensive use of force on
 Charged with Assault Police,
uttering death threats and
intoxication
 Charges withdrawn
NAPS
A. Mishenene
 Mother protecting her son
 At Pretrial Crown refuses to W/D
 On YouTube
 Charged
 Spiral fracture of arm
M.R.K—OPP
complaint but upon review found
deficiencies in the investigation and
will do another one.
 OIPRD initially said no to the
 Set for trial—found guilty
UPDATE:
 Hospitalized—charged
 8.5 months pregnant
E.L—OPP
MOOSONEE
UPDATE:
__________________
 Leave to appeal was granted
 Now on appeal
 Accused officer acquittal
video
 another take down in jail on
Aroland case—OPP
when she sees her son
tasered
 Ends up in ICU one week
 No charge
 Mother protecting son
 From Ginoogaming
S.T.—OPP
GERALDTON
EABAMETOONG
charges.
 June 2015—acquitted of
20th for decision
 Written Argument—April
 Trial March 20th
UPDATE:
course of arresting her
 Arm broken by OPP in
 Represented by a lawyer
Bonnie M.
 Vision problems–one eye
 Assaulted by police
 Was drinking
 A witness to a domestic
 charged—goes to diversion
PICKLE LAKE
L.S.—OPP
THUNDER BAY
J.I— OPP assaulted in police garage L.M.—TBPD
SIOUX LOOKOUT
Police Complaints
Page 14
Special Issue
Office of the Police Review Directorate (OIPRD)
How to make a complaint
You can file a formal complaint with the OIPRD or, if the complaint is minor, if can be dealt with as a local complaint at
the police station.
Local Resolution
You choose to go directly to the police service in question with your complaint and come to an agreement about how
to resolve your complaint. Your complaint may be dealt with by an officer in authority who is designated by the chief of
police.
You must be prepared to provide your full name, address, telephone number and date of birth; tell the police what
happened; explain what you feel would be an appropriate resolution; and agree to the final resolution and sign a form
indicating that the complaint has been resolved in a satisfactory manner.
The issue must be resolved within 30 days of the initial filing of the complaint. If the police are unable to resolve the
complaint within 30 days, it must be forwarded to the OIPRD to be dealt with as a formal complaint.
OIPRD Complaint
You can file a formal complaint directly with the OIPRD online.
If you do not wish to file online, you can complete a fillable complaint form you can print from the website or you can
request a hard copy of the form which will be mailed to you. The completed form can be faxed, mailed, scanned and
emailed, or submitted in person. Complaints can also be filed at any municipal, regional or provincial police station in
Ontario. Any police service will accept the complaint - complainants do not have to hand in their complaint to the
service they are complaining about. The police service accepting the complaint must forward it to the OIPRD within
three business days.
Information to include in your complaint: your full contact details and your date of birth; which police service and/or
police officer(s) is your complaint about; where in Ontario did the incident(s) happen; what date(s) and time(s) did the
incident(s) take place; describe what happened; and give your consent for complaint to proceed.
For more detailed information on making a complaint, please visit the OIPRD website at www.oiprd.on.ca
Special Investigations Unit (SIU)
The SIU conducts criminal investigations into circumstances involving police and civilians that have resulted in serious
injury, death or allegations of sexual assault.
The SIU investigates incidents across Ontario, and has jurisdiction over all municipal, regional and provincial police
officers.
It is the responsibility of the police service to report any incident that may fall under the SIU’s investigative jurisdiction.
But anyone else (member of the public, coroner, members of the media, medical professional or lawyer) may advise the
SIU of a situation they believe may require investigation. When an incident is reported by anyone other than the police,
the SIU notifies the involved police service.
…..continued on next page…..
Page 15
Police Complaints
SIU INVESTIGATIVE PROCESS
Notification of Incident
Refer to other complaints
processes if required
Investigative Supervisor determines
nature of incident and response.
If the SIU’s mandate is invoked, a
lead investigator and as many
investigators as necessary are
assigned and attend the incident
scene along with a team of forensic
investigators.
If the nature of the initial report raises
questions regarding SIU jurisdiction, an
incident review is conducted. If it is
determined that the basis for SIU
jurisdiction does not exist or that
there is patently no issue to
investigate, the Director is consulted
and if appropriate the investigation is
terminated. The complainant and
police service are notified.
The investigation involves:
 examining the scene and securing all physical evidence
 monitoring the medical condition of anyone who has been injured
 seeking out and securing the cooperation of witnesses
 seizing police equipment for forensic examination
 consulting with the coroner if there has been a death
 notifying next of kin and keeping the family of the deceased or injured parties informed
 keeping the Investigative Supervisor, Executive Officer and Director fully informed of developments on the case.
During the course of their investigation, the investigative team prepares various reports and attends
case meetings designed to keep the Director informed of their progress. During this time, the
Unit can only make public statements that are necessary for and aimed at maintaining public
Upon completion, the lead investigator submits an investigative brief, which is
reviewed by the Investigative Supervisor, the Executive Officer and the Director.
The Director determines whether a charge should be laid. Throughout the
investigative process the SIU liaises, as necessary, with Justice Prosecutions of
the Criminal Law Division of the Ministry of the Attorney General. If a charge is
laid the turns the case over to the Crown for prosecution and the SIU
investigator(s) may provide support to the Crown in its prosecution.
When there is a need for the
police service to continue its
investigation into an incident
falling within the jurisdiction of
the SIU, such as murder or
another serious crime, the SIU
may agree to share the lead
investigative role with the police
service so all the interests of
justice may be met.
At the end an investigation the SIU attempts to provide as much information as possible to the public, subject to the
Freedom of Information and Protection of Privacy Act. Particular attention is paid to the need for the complainant or next of
kin to have a full understanding of the investigative results. This is generally accomplished through direct personal contact
by the lead investigator.
Diagram adapted from the SIU website, www.siu.on.ca
An SIU investigation of an incident begins at the time of notification and entails a number of actions. For more detailed
information, please visit the SIU website at www.siu.on.ca
Page 16
Special Issue
Nishnawbe-Aski Police Services (NAPS)
Professional Standards Bureau (PSB)
Complaint against the Police
There are two types of complaints: 1) policies and services provided by NAPS, and 2) conduct of a NAPS police officer.
A complaint can be submitted online or by printing a form from the website which you can fill in and return via fax, mail,
or scan & email.
On the complaint form, you will need to include your name, date of birth, and contact details; if the complaint about
you or someone else; information about the police officer or police detachment involved; where the incident occurred;
when the incident occurred; and what happened in the incident.
Before NAPS can proceed and process your complaint, you must sign the declaration part of the form.
A complainant can use a translator to help them complete the form.
For more information on the complaint process, contact the Professional Standards officer at 1-800-654-6277 or visit
their website at www.naps.ca
New Hires at NAN Legal Services
Welcome to our new staff members at Nishnawbe-Aski Legal Services Corporation!
 Karen Kaminawaish, Talking Together Facilitator—started November 2014—based in Mishkeegogamang.
Karen can be reached at (807) 928-2414.
 Lloyd Redsky, Community Engagement & Training Coordinator—started November 2014—based in
Thunder Bay. Lloyd can be reached at (807) 622-1413.
 George Edwards, Gladue Worker—started December 2014—based in Timmins. George can be reached at
(705) 268-1455.
 Bryan Phelan, Gladue Worker—started February 2015—based in Sioux Lookout. Bryan can be reached at
(807) 737-8065.
 Keith Mason, Community Legal Worker—started March 2015—based in Sioux Lookout. Keith serves the
Keewaytinook Okimakanak communities and he can be reached at (807) 737-3106.
 Jennifer McKenzie, Gladue Worker—started March 2015—based in Thunder Bay. Jennifer can be reached
at (807) 623-3967.
 Marie Roundhead, Victim Witness Liaison-West—started April 2015—based in Sioux Lookout. Marie can
be reached at (807) 737-1796.
 Gail Anderson, Restorative Justice Worker—started April 2015—based in Thunder Bay. Gail can be
reached at (807) 622-1413.
Page 17
Police Complaints
The “Know Your Rights If
Your Child is Apprehended
(with or without Police)” card
(shown on the left) is available at
our office locations and on our
website www.nanlegal.on.ca
Update Re: Court in
Mishkeegogamang
By Celina Reitberger, Executive Director
Since the completion of a new community centre
in Mishkeegogamang, efforts have resumed to
hold court located in the community every
second sitting. A conference call was held in
December 2014 with Chief Connie Gray-McKay,
Justice Peter Bishop, Crown Attorney Mary
Anne Mousseau, and NAPS attending. The
response from the Judge and Crown was not
favourable. The OPP failed to attend.
However, I have met with the OPP; now both
forces are on board.
As well the issue has been raised with the new
Assistant Deputy Attorney General for the
Aboriginal Justice Division, Kimberley Murray.
She was in Thunder Bay the week of July 13,
2015. We will visit the community facility on
August 20, and then a further conference call
with the parties will then be arranged.
MPP Michael Gravelle was contacted as well to
bring our request for court in Mishkeegogamang
to the attention of the Government of Ontario. …Stay tuned.
Page 18
Special Issue
St. Andrews Dew Drop Inn, 294 Red River Road
Article by Lloyd Redsky, Community Engagement & Training Coordinator
On January 27 and January 30, 2015, staff at the South Cumberland office and Head Office made some new friends at
the St Andrews Dew Drop Inn Soup Kitchen by preparing and serving a hot meal to those in the community. With the
winter temperatures being bearable compared to last winter, men, women and children came to the Dew Drop Inn to
be served a hot meal complete with coffee, tea and juice. Tuesday’s meal consisted of Chinese Vegetables & Chicken,
while Friday’s meal consisted of Lazy Man’s Cabbage rolls.
The kitchen was buzzing with sounds of chopping, dicing, and laughter as a
handful of NAN Legal Staff were given instructions by the kitchen staff on
“Oshta-borg-gah-beesh-taborg”
what was next on the recipe. With a large cutting board and a knife on
hand, the Swedish Chef inside me began to manifest as the food prep
(translation: Ok onion, brace
began. “Oshta-borg-gah-beesh-taborg” (translation: Ok onion, brace
yourself).
yourself). Cutting and dicing about a dozen onions was a challenge for the
eyes. I read somewhere online that you can cut onions and not cry a single
tear if you chew gum at the same time. Nobody had any gum. I commend my onion buddy Tara for not crying to the
point of needing consolation.
Just across the island counter, the cabbage masters Zelda and Heather N. really looked like they knew what they were
doing. The cabbage was carefully handled and cut with swift precision just like the way a hunter butchers a moose in
the bush and brings it in the house for further prep. I think they’d make a good cooking show for APTN.
With different tasks being handled with care throughout the morning and early afternoon on both days, it was
apparent that the spirit of the volunteer was making an impact on our staff, especially to those who haven’t done this
sort of thing before. The quick paced and well organized kitchen staff helped us work as a team and they guided us in
preparing these delicious meals.
The Dew Drop Inn is open to the public and serves a hot meal from 2:00 pm to
3:30 pm, 365 days per year.
There is no financial support from government agencies, and the kitchen relies
solely on donations of food and volunteers. If you would like to help our friends
at the Dew Drop Inn, you can help by:
 Volunteering your time to prepare food, serve & clean up
 Become a volunteer driver for various pick-ups throughout the city
 Provide donations of food and baking
 In lieu of flowers, make a financial donation in memory of a loved one or
make a donation as a birthday, wedding, anniversary, or Christmas gift to
honor someone special - A tax receipt will be issued
 Donate labor and construction time as needed
 Organize a food drive
Heather Napash, Zelda Watt, Tara Thompson & Lloyd Redsky If you would like more information for the Dew Drop Inn, here is their contact info: Dew Drop Inn Soup Kitchen,
292 Red River Road, Thunder Bay, ON P7B 1A8. Phone (807) 345-5202, Fax (807) 345-4834.
You can also view their website at: www.dewdropinnthunderbay.ca
Page 19
Police Complaints
Volunteering at the Dew Drop Inn
Tara Thomson, Lloyd Redsky, Zelda Watt & Heather Napash Zelda Watt & Lloyd Redsky Chantelle Johnson & Martha Loon Timmins Staff & their Christmas 2014 Food Drive
Evelyn Boissoneau, Jackie Edwards, Chantal Sutherland, Teri Raymond & Cheryl Macumber Contributed by Chantal Sutherland, Victim Witness Liaison
The Timmins office of Nishnawbe-Aski Legal Services wanted
Jackie Edwards, Evelyn Boissoneau, Cheryl Macumber, to give back to the community during the holiday season. We Teri Raymond, Chantal Sutherland, and the two gentlemen who came to pick up the Food Drive items were sharing the difficult times among our community, more
particularly during the Christmas Holidays. It was decided
among our staff that this year we wanted to make a difference and as a result, we agreed to bring in a non-perishable
food item daily from December 1 to December 18. The food items we collected were donated to the local food
bank to help support the shortage during the holidays. Timmins staff further decided that we would initiate a Food
Drive Challenge amongst our NALSC Head Office, Main Office, Sioux Lookout and Field Staff Offices. This was a fun
way to celebrate the holiday season, get our staff involved, and a time for us to come together as a team for families
in need. It was our hope that our spirit of giving would encourage others to do the same. It was a
lot of fun!
Page 20
Special Issue
Page 21
Police Complaints
Nishnawbe-Aski Legal Services Corporation is celebrating 25 years of serving the people of
Nishnawbe Aski Nation.
Nishnawbe-Aski Legal Services Corporation is a unique legal services organization that serves the 49 First
Nations of Nishnawbe Aski Nation.
Nishnawbe-Aski Legal Services Corporation has grown steadily since it first opened its doors in 1990 and
began providing legal aid, legal education and community legal workers. Today, the Corporation also
provides law reform through its alternative traditional justice programs - Restorative Justice and Talking
Together, as well as its other legal services - Victim Witness Liaison, Youth Intervention and Community
Learning HUB. Recently, the Corporation grew once more and now offers the Gladue Worker program for
people of Nishnawbe Aski Nation.
The Board of Directors and Staff pledge to continue to work towards fulfilling the vision of the Nishnawbe
Aski Nation Chiefs to improve access to justice for all their people.
Page 22
We say “Meegwetch!” to the people of Nishnawbe Aski Nation. We look forward to
continuing to meet your legal needs in the future!
Special Issue
Board of Directors
CHAIR: Jim Beardy
VICE CHAIR: Shawn Batise,
Wabun Tribal Council
SECRETARY/TREASURER:
Chief Celia Echum, Matawa First
Nations Management
DIRECTORS:
Theresa Hall, Mushkegowuk Tribal
Council
Frank McKay, Windigo First Nations
Council
Simon Winnepetonga, Shibogama
First Nations Council
Ross Mamakeesic (Interim
Representative), Keewaytinook
Okimakanak
Tom Wassaykeesic, Independent
First Nations
EX-OFFICIO:
NAN Deputy Grand Chief Alvin
Fiddler
ELDERS:
Greg Koostachin—Elder East
Sarah Waboose—Elder Central
Abe Kakepetum—Elder West
Victim Witness
Liaison
Michelle Donio-King, VWL—Central
(807) 622-1413 1-800-465-5581
[email protected]
Chantal Sutherland— VWL East
(705) 268-1105 1-855-368-1105
[email protected]
Marie Roundhead—VWL West
(807) 737-1796 1-855-302-5625
[email protected]
Administration
& Support
Celina Reitberger, Executive Director
(807) 622-1413 1-800-465-5581
[email protected]
Cindy Beardy, Executive Assistant
(807) 622-1413 1-800-465-5581
[email protected]
Marlene Sabourin, Financial Controller
(807) 474-4377 1-800-465-5581
[email protected]
Tara Thompson, Finance Clerk
(807) 622-1413 1-800-465-5581
[email protected]
Marceline Muckuck, Travel Clerk
(807) 622-1413 1-800-465-5581
[email protected]
Kirsten Rasevych, HR Clerk
(807) 622-1413 1-800-465-5581
[email protected]
Sheba Fox, Receptionist
(807) 622-1413 1-800-465-5581
[email protected]
Public Legal
Education &
Communications
Officer
Martha Loon
(807) 622-1413 1-800-465-5581
[email protected]
Gladue Workers
Bryan Phelan, GW—West
(807) 737-8065
[email protected]
Jennifer McKenzie, GW—Central
(807) 623-3967
[email protected]
George Edwards, GW—East
(705) 268-1455
[email protected]
Board & Staff
Directory
Legal Aid
Mary Bird, LAO Area Director
(807) 622-1413 1-800-465-5581
[email protected]
Heather Baillie, LAO Coordinator
(807) 622-1413 1-800-465-5581
[email protected]
Doreen Stone, LAO Assessment
Officer
(807) 622-1413 1-800-465-5581
[email protected]
Jocelyn Rae, LAO Assessment
Officer
(807) 622-1413 1-800-465-5581
[email protected]
Heather Napash, Assistant to the
Area Director
(807) 622-1413 1-800-465-5581
[email protected]
Mary Kakepetum, LAO Office
Assistant
(807) 622-1413 1-800-465-5581
[email protected]
Advice Lawyer
(807) 622-1413 1-800-465-5581
[email protected]
Page 23
Community Legal
Workers
Roberta Wesley
(705) 463-1155 1-855-463-1155
[email protected]
Don Sainnawap
(807) 737-5201 1-877-851-1107
[email protected]
Jacob Mekanak
(807) 737-7295 1-888-314-4417
[email protected]
Evelyn Boissoneau
(705) 268-5544 1-866-859-3887
[email protected]
Jackie Edwards, CLW Assistant
(705) 268-5544 1-866-859-3887
[email protected]
Keith Mason
(807) 737-3106 1-877-851-1107
[email protected]
Rita Chapman
(807) 737-7981 1-866-468-5151
[email protected]
Stella Kioke-Koostachin
(705) 997-1285 1-877-331-0144
[email protected]
Robert Moonias
(807) 622-1413 1-800-465-5581
[email protected]
Jonah Meekis
(807) 773-5571
[email protected]
Youth Justice
Billy Kamenawatamin
(807) 737-4488 1-877-673-4488
[email protected]
Annie Metatawabin
(705) 336-0914 1-855-336-0914
[email protected]
Restorative Justice
Youth Intervention
Vernon Morris, Restorative Justice
Manager—NAN West
(807) 737-7701 1-866-590-4763
[email protected]
Darlene Suggashie
(807) 773-1126
[email protected]
Joyce Crawford, Restorative Justice
Manager—NAN East
(807) 622-1413 1-800-465-5581
[email protected]
Chantelle Johnson, Restorative Justice
Assistant
(807) 622-1413 1-800-465-5581
[email protected]
Gloria Suggashie
(807) 773-1126
[email protected]
Ryan Sakakeep
(807) 537-2369
[email protected]
Keith McKay
(807) 535-9252
[email protected]
Leahan Parrott, RJW—Zone 1
(705) 565-2230, Ext. 232
[email protected]
Evangeline Meekis
(807) 774-4423
[email protected]
Gail Anderson, RJ Worker—Zone 2
(807) 622-1413 1-800-465-5581
[email protected]
Martha Kataquapit
(705) 997-1386
[email protected]
Shirley Keesic, RJW—Zone 3
807) 735-2709 1-888-662-6601
[email protected]
Justin Sackaney
(705) 278-4712
[email protected]
Sandra Quequish, RJW—Zone 3
(807) 469-5191
[email protected]
Community
Engagement &
Training
Coordinator
Talking Together
Carol Buswa, Talking Together
Manager
(807) 474-4379 1-800-465-5581
[email protected]
Lloyd Redsky,
(807) 622-1413 1-800-465-5581
[email protected]
Zelda Watt, Talking Together
Assistant
(807) 474-4376 1-800-465-5581
[email protected]
Lucie Longpeter, Talking Together
Facilitator
(705) 336-0914 / (705) 272-2567
1-855-336-0914 / 1-855-272-2567
[email protected]
Heather Napash, Talking
Together Facilitator
(807) 474-4375 1-800-465-5581
[email protected]
Teri Raymond, Talking Together
Facilitator
(705) 268-0336 1-877-268-0335
[email protected]
Karen Kaminawaish, Talking
Together Facilitator
(807) 928-2414
[email protected]
Cheryl Macumber, Talking
Together Facilitator
(705) 268-0844
[email protected]