And now:Ish <[EMAIL PROTECTED]> writes:
Date: Tue, 09 Mar 1999 08:28:07 -0500
To: [EMAIL PROTECTED], [EMAIL PROTECTED]
From: Lynne Moss-Sharman <[EMAIL PROTECTED]>
Subject: Tsuu T'ina Inquest Connie & Ty Jacobs (March 9, 1999)
Mime-Version: 1.0
Content-Type: text/plain; charset="us-ascii"
Tuesday, March 9, 1999 Child welfare files ordered open
By NOVA PIERSON, SUN MEDIA from Edmonton Sun
TSUU T'INA NATION -- Little Ty Jacobs would have wanted his story told, a
judge said yesterday in ruling the boy's child welfare files will be
admitted into the fatality inquiry into his death. "The child obviously
didn't want to die and if he could speak from his grave he'd most certainly
want for it to be known what happened in his life," Judge Thomas Goodson
said. "If the files were omitted from the hearing ... I think there would
be public outrage, especially from the aboriginal community for whom child
apprehensions are a very serious and delicate issue." Goodson said concerns
the contents were privileged fell short. He added the record was relevant
to getting to the bottom of the shooting deaths of Ty, 9, and his mother
Connie by an RCMP officer helping social workers apprehend the four Jacobs
children.
Connie, 37, and Ty were killed March 22, 1998 by a single shotgun
blast from Okotoks RCMP Const. Dave Voller, responding to gunfire from
Connie. "The death happened when the state was effecting an
apprehension of children, in fact the apprehension of the child that
died," said Goodson as the inquiry resumed yesterday."I was also given to
understand this wasn't the first time there'd been an apprehension of these
children." Lawyers will meet this morning before the inquiry starts to
discuss what parts of the files they don't want admitted. Goodson said the
inquiry will go behind closed doors when necessary "to minimize intrusion
into the lives of the families." Connie's brother and sister said after the
decision that nothing in the file could hurt more than the deaths.
"What more can they do to us by making this public?" asked Brian
Lambert, Connie's brother. "We've got to find the truth and that's
what this is all about." Added Connie's sister Cynthia Applegarth: "Ty
would want the public to know he didn't want to be in foster homes, he
wanted to live with his mother and brothers."
Tuesday, March 09, 1999
Judge orders family file opened RCMP shooting: Truth outweighs 'need to
protect' personal information
Daryl Slade Calgary Herald
A judge has ruled that personal family nformation should be made public on
a native woman and her young son who were shot and killed by the RCMP. "The
interest in providing the truth in this matter far
outweighs, by metric tonnes, the need to protect this file," Judge Thomas
Goodson said in making his oral ruling yesterday. "That's not to say there
won't be protection. In parts (of the file), it'll be protected by
privilege." Judge Goodson made his ruling at the
resumption of an ongoing fatality inquiry into the deaths of Connie and Ty
Jacobs, who died March 22 when shot by a Mountie at their home on the west
end of the reserve on the western outskirts of Calgary. Lawyers for
Connie's husband Hardy Jacobs, Alberta Family and Social Services, and Tsuu
T'Ina Nation's social services department all had sought to exclude the
social services file from the inquiry. Judge Goodson disagreed.
"A child didn't need to die," Judge Goodson said. "If (Ty) could rise from
the grave, he'd want people to know what happened in his life." Connie and
Ty Jacobs were both struck and killed almost instantly by Okotoks RCMP
Const. Dave Voller. The Mountie had been
summoned to assist a two social workers and a tribal police officer,
who had been confronted by an armed Connie Jacobs when they were attempting
to apprehend the woman's four children and two grandchildren. Connie
Jacobs allegedly pulled a .303 rifle on Voller and refused his warnings to
drop the weapon. She then fired and, when she appeared to be reloading and
again refused warnings, he fired once with his shotgun and struck both. A
key issue of the inquiry, now into its fourth of 16 scheduled weeks,is the
grounds for the apprehension.
Judge Goodson then threw the matter back into the hands of the
dozen lawyers representing various parties to identify issues that
could be part of the social services file. He suggested one area that would
undoubtedly be of interest would be the fact their had been a prior
apprehension of the children. Meanwhile, Cpl. Doug Morrison, the chief
investigator into the shooting, later testified that the pellet holes in
Connie Jacobs indicated she had her arm up in a bent position when she was
shot. "It is consistent with someone having a firearm somewhat turned to
the right and her left arm up in a crooked position to fire a firearm,"
said Morrison. The inquiry continues today.
Tuesday, March 9, 1999 Files get admitted Judge's ruling
By NOVA PIERSON, CALGARY SUN
TSUU T'INA NATION -- Little Ty Jacobs would have wanted his story told, a
judge said yesterday in ruling the boy's Child Welfare files will be
admitted into the fatality inquiry into his death. "The child obviously
didn't want to die and if he could speak from his grave, he'd most
certainly want for it to be known what happened in his life," said Judge
Thomas Goodson, adding concerns the contents were privileged fell short.
"If the files were omitted from the hearing ... I think there would be
public outrage, especially from the aboriginal community, for whom child
apprehensions are a very serious and delicate issue." Goodson also said
the record was relevant to getting to the bottom of the shooting deaths of
Ty, 9, and his mother Connie by an RCMP officer helping social workers
apprehend the four Jacobs children. Connie, 37, and Ty were killed March
22, 1998, by a single shotgun blast from Okotoks RCMP Const. Dave Voller,
who was responding to gunfire from Connie."The death happened when the
state was affecting an apprehension of children, in fact the apprehension
of the child that died," Goodson said yesterday as the inquiry resumed. "I
was also given to understand this wasn't the first time there'd been an
apprehension of these children." Lawyers will meet this morning before the
inquiry starts to discuss what parts of the files they don't want admitted.
Goodson said the inquiry will go behind closed doors when necessary "to
minimize intrusion into the lives of the families." Connie's brother and
sister said nothing in the file could hurt more than the deaths.
"We've got to find the truth and that's what this is all about," said Brian
Lambert, Connie's brother.
Cynthia Applegarth, Connie's sister, said: "Ty would want the public to
know he didn't want to be in foster homes, he wanted to live with his
mother and brothers."
"Let Us Consider The Human Brain As
A Very Complex Photographic Plate"
1957 G.H. Estabrooks, Creator
of the Manchurian Candidate
born New Brunswick
[EMAIL PROTECTED]
www.aches-mc.org
&&&&&&&&&&&&&&&&&&&&&&&&&&
Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
&&&&&&&&&&&&&&&&&&&&&&&&&&
