And now:[EMAIL PROTECTED] (S.I.S.I.S.) writes:
JUDGE WARNED TO STOP POLITICAL DECISIONS - LAWYER
Canadian Press, Dec. 19, 1998 by Reg Curren
[S.I.S.I.S. note: The following mainstream news article may contain biased
or distorted information and may be missing pertinent facts and/or context.
It is provided for reference only.]
CALGARY (CP) - Judge John Reilly had a reputation for politically charged
rulings involving aboriginal offenders, a pattern that compromised his
independence, the lawyer for his boss argued Friday. Reilly was ordered out
of his court in Canmore, Alta., earlier this year after Chief Judge Ed
Wachowich became alarmed by his apparent willingness to treat aboriginals
as a different class of offender.
Reilly stated on several occasions that the system wasn't properly serving
natives and he couldn't make decisions based on traditional Canadian law.
David Tavender, Wachowichs lawyer, told Court of Queens Bench Justice
Blair Mason that Reilly was warned several times to stick to the law and
stay out of the political arena. He said when Reilly persisted, it left
Wachowich no choice but to act. "Law reform belongs in the legislative
arena," Wachowich wrote to Reilly at one point. "It is the bailiwick of
politicians."
Reilly drew the ire of his boss and the provincial government last year
when he ordered a probe into social conditions on the Stoney Indian reserve
at Morley, Alta., saying he needed the information to pass sentence in an
assault case. In making the request, Reilly charged there was political
corruption and financial mismanagement on the reserve. Wachowich called
Reilly's judgments involving aboriginals "atrocious" and "embarrassing,"
and last May ordered he be transferred as of Sept. 1.
Tavender said it's clear in Canadian law that Wachowich has the duty and
the right to discipline judges. "The decision to reassign Reilly was an
attempt by the chief judge to respond to these concerns (over a loss of
objectivity)," said Tavender. "The chief judge in exercising disciplinary
power has the responsibility to respond to and account for conduct not
meeting judicial standards." He said Reilly failed to meet judicial
standards when he waded into the debate over the lot of aboriginals.
Alan Hunter, Reilly's lawyer, attacked Tavender's assertions of partiality
being an issue. He said the Criminal Code directs judges to be familiar
with "the history and culture of aboriginal people to understand their
situation. "(Reilly) should not be condemned. He should be applauded," said
Hunter.
Hunter said it's obvious Reilly was ordered moved because he wasn't
heeding the concerns of his superiors. "It was clear if you don't pay
attention, you're out of there," said Hunter.
Tavender also suggested that the proper place for this dispute to be heard
is at the provincial Judicial Council. Hunter disagreed, saying the matter
is of great public concern and should remain in public court. Mason will
release a written decision but did not say when.
A forensic audit of the Stoney reserve released in early December found 43
potential instances of financial corruption. The Mounties are now
investigating.
:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:
In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment to those who have expressed
a prior interest in receiving this information for non-profit
research and educational purposes only.
:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:
S.I.S.I.S. Settlers In Support of Indigenous Sovereignty
P.O. Box 8673, Victoria, "B.C." "Canada" V8X 3S2
EMAIL: [EMAIL PROTECTED]
WWW: http://kafka.uvic.ca/~vipirg/SISIS/SISmain.html
SOVERNET-L is a news-only listserv concerned with indigenous
sovereigntist struggles around the world. To subscribe, send
"subscribe sovernet-l" in the body of an email message to
<[EMAIL PROTECTED]>
For more information on sovernet-l, contact S.I.S.I.S.
:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:
