First Nations police chief terminated

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First Nations police chief terminated

Postby Thomas » Fri May 25, 2012 10:28 am

Fired officer takes on 'racist' OPP:
http://www.thestar.com/news/gta/article ... racist-opp

Mohawk police chief fired after racism remarks:
http://www.cbc.ca/news/canada/ottawa/st ... 80130.html

Native police chief says his firing by OPP was racist:
http://www.thestar.com/news/gta/crime/a ... was-racist

Hay rejects settlement, hearing begins:
http://www.intelligencer.ca/2011/09/14/ ... ing-begins

Man calls ex-OPP boss 'racist':
http://www.thewhig.com/2011/09/15/man-c ... oss-racist

Bands have no real policing power, Mohawk chief complains at human rights hearing:
http://www.thestar.com/news/canada/arti ... ts-hearing

Former OPP head Julian Fantino defends firing Mohawk police chief:
http://www.thestar.com/news/gta/article ... lice-chief

Combat Racism in the Ontario Provincial Police:
http://www.racisminopp.org
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Re: Fired officer takes on 'racist' OPP

Postby Thomas » Sun Apr 27, 2014 4:23 pm

Former aboriginal police chief fired by Fantino takes case to court

TORONTO -- A First Nations police chief, fired without a hearing for branding Ontario's provincial police force and the RCMP as racist, takes his case against former OPP commissioner Julian Fantino to court Monday.

In his application, Lawrence Hay is calling on Divisional Court to quash a human rights tribunal ruling that his axing had nothing to do with his aboriginal status.

"The (tribunal) took a compartmentalized approach to the evidence that avoided consideration of whether, based on the totality of the evidence, race was a factor," Hay's factum states.

The province and Fantino argue the tribunal's decision was correct, and there's no evidence anything Fantino, now a federal cabinet minister, did was motivated by racism.

Hay had spent 19 years with the Mounties when he left to take up a post as chief of police of the Tyendinaga First Nation in eastern Ontario in 1998.

As required under provincial law, the commissioner of Ontario provincial police first appointed him as a First Nations constable.

During a protest in April 2007, Hay complained about police racism in an article published in a student newspaper.

"I realized just what a racist organization the RCMP was, and I came here to learn that the OPP and the (Surete du Quebec) ... are no different," Hay told the paper.

"It's deep-seated racism."

In light of the comments, Fantino suspended then revoked Hay's appointment as a First Nations constable in October 2007, effectively ending his position as chief.

Normally, police officers in Ontario charged with misconduct have a right to a full hearing along with extensive rights of appeal under the Police Services Act.

Not so for First Nations officers, a fact criticized by the Ipperwash Inquiry into the police killing of Dudley George. The inquiry concluded that racism was a problem within the provincial police force.

Hay argued unsuccessfully before the Human Rights Tribunal of Ontario that the different rules for aboriginal and non-aboriginal officers are discriminatory.

The tribunal also held that Fantino's failure to consult the band before suspending Hay was because of a decision to "act quickly."

In his factum, Hay argues his assertions of police racism were protected under the human rights code and Fantino's actions were retaliatory.

In response, Fantino's lawyers point out Hay's statement came during a volatile situation involving aboriginal land disputes and protests in the province.

"(Hay's) comments were made at a time of high tension," the factum states.

"The potential consequences of this degree of protest activity on the ability of the OPP to perform its policing functions were severe."

The lawyers also maintain Hay refused to co-operate with the investigation and nothing Fantino did was the result of racism or discrimination.

It notes the band's chief disapproved of Hay's comments.

http://www.cp24.com/world/former-aborig ... -1.1794657

http://www.ctvnews.ca/canada/first-nati ... -1.1794659

http://www.ottawacitizen.com/news/Forme ... story.html
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Re: Fired officer takes on 'racist' OPP

Postby Thomas » Mon Apr 28, 2014 3:57 am

Ex-police chief takes former OPP commissioner Julian Fantino to court

Lawrence Hay wants to quash a ruling that his axing had nothing to do with his aboriginal status

A First Nations police chief, fired without a hearing for branding Ontario's provincial police force and the RCMP as racist, takes his case against former OPP commissioner Julian Fantino to court Monday.

In his application, Lawrence Hay is calling on Divisional Court to quash a human rights tribunal ruling that his axing had nothing to do with his aboriginal status.

"The (tribunal) took a compartmentalized approach to the evidence that avoided consideration of whether, based on the totality of the evidence, race was a factor," Hay's factum states.

The province and Fantino argue the tribunal's decision was correct, and there's no evidence anything Fantino, now a federal cabinet minister, did was motivated by racism.

Hay had spent 19 years with the Mounties when he left to take up a post as chief of police of the Tyendinaga First Nation in eastern Ontario in 1998.

As required under provincial law, the commissioner of Ontario provincial police first appointed him as a First Nations constable.

During a protest in April 2007, Hay complained about police racism in an article published in a student newspaper.

"I realized just what a racist organization the RCMP was, and I came here to learn that the OPP and the (Surete du Quebec) ... are no different," Hay told the paper.

"It's deep-seated racism."

Right to a full hearing

In light of the comments, Fantino suspended then revoked Hay's appointment as a First Nations constable in October 2007, effectively ending his position as chief.

Normally, police officers in Ontario charged with misconduct have a right to a full hearing along with extensive rights of appeal under the Police Services Act.

Not so for First Nations officers, a fact criticized by the Ipperwash Inquiry into the police killing of Dudley George. The inquiry concluded that racism was a problem within the provincial police force.

Hay argued unsuccessfully before the Human Rights Tribunal of Ontario that the different rules for aboriginal and non-aboriginal officers are discriminatory.

The tribunal also held that Fantino's failure to consult the band before suspending Hay was because of a decision to "act quickly."

In his factum, Hay argues his assertions of police racism were protected under the human rights code and Fantino's actions were retaliatory.

In response, Fantino's lawyers point out Hay's statement came during a volatile situation involving aboriginal land disputes and protests in the province.

"(Hay's) comments were made at a time of high tension," the factum states.

"The potential consequences of this degree of protest activity on the ability of the OPP to perform its policing functions were severe."

The lawyers also maintain Hay refused to co-operate with the investigation and nothing Fantino did was the result of racism or discrimination.

It notes the band's chief disapproved of Hay's comments.

http://www.cbc.ca/news/aboriginal/ex-po ... -1.2623654

http://www.theglobeandmail.com/news/nat ... e18292622/
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Vaughan MP Fantino could be back before human rights tribuna

Postby Thomas » Thu May 01, 2014 3:36 am

Vaughan MP Julian Fantino could be hauled before a human rights tribunal, once again, to defend his firing of a First Nations police chief without a hearing back when he was OPP commissioner.

Lawyers for Lawrence Hay on Monday called on Divisional Court to quash a previous Human Rights Tribunal of Ontario ruling that his axing by Mr. Fantino had nothing to do with his aboriginal status and order a new hearing.

Mr. Hay’s lawyers set out to prove that “the (tribunal) took a compartmentalized approach to the evidence that avoided consideration of whether, based on the totality of the evidence, race was a factor,” according to the factum.

Ultimately, Mr. Hay is hoping this legal battle will end with him getting his old job back.

“His view is that his firing was discriminatory on the basis of race and he should be reinstated,” said Peter Rosenthal, a lawyer for Mr. Hay.

But lawyers for the province and Mr. Fantino have argued the tribunal’s decision was correct, and there’s no evidence anything Mr. Fantino did was motivated by racism.

Mr. Fantino, who is also minister for Veterans Affairs, and the OPP declined to comment on the court proceedings.

Mr. Hay had spent 19 years with the Mounties when he left to take up a post as chief of police of the Tyendinaga First Nation in eastern Ontario in 1998.

As required under provincial law, the OPP commissioner first appointed him as a First Nations constable.

During a protest in April 2007, Mr. Hay complained about police racism in an article published in a student newspaper.

“I realized just what a racist organization the RCMP was, and I came here to learn that the OPP and the (Surete du Quebec) ... are no different,” he told the paper.

“It’s deep-seated racism.”

In light of the comments, Mr. Fantino suspended then revoked Mr. Hay’s appointment as a First Nations constable in October 2007, effectively ending his position as chief.

Normally, police officers in Ontario charged with misconduct have a right to a full hearing along with extensive rights of appeal under the Police Services Act.

Not so for First Nations officers, a fact criticized by the Ipperwash Inquiry into the police killing of Dudley George. The inquiry concluded that racism was a problem within the provincial police force.

Mr. Hay argued unsuccessfully before the human rights tribunal that the different rules for aboriginal and non-aboriginal officers are discriminatory.

A great deal of time was spent on that issue in court on Monday, Mr. Rosenthal said.

The original tribunal hearing also held that Mr. Fantino’s failure to consult the band before suspending Mr. Hay was because of a decision to “act quickly.”

Mr. Hay argues his assertions of police racism were protected under the human rights code and Mr. Fantino’s actions were retaliatory.

In response, Mr. Fantino’s lawyer points out Mr. Hay’s statement came during a volatile situation involving aboriginal land disputes and protests in the province.

The lawyer also maintains Mr. Hay refused to co-operate with the investigation and nothing Mr. Fantino did was the result of racism or discrimination.

It was also noted the band’s chief disapproved of Mr. Hay’s comments.

The court could take a couple of weeks, or possibly several months, to issue its decision, according to lawyers involved in the proceedings.

Should the court order another complete tribunal hearing, Mr. Fantino will “undoubtedly” be called to take the stand, Mr. Rosenthal said.

http://www.yorkregion.com/news-story/44 ... -tribunal/

http://www.theglobeandmail.com/news/nat ... e18292622/
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Re: First Nations police chief terminated

Postby Thomas » Sat Jul 12, 2014 4:19 am

EXCLUSIVE: Vaughan MP Fantino firing of First Nations police chief not racism, court rules

An Ontario court has upheld a human rights tribunal ruling that the firing of a First Nations police chief without a hearing by then-OPP commissioner Julian Fantino had nothing to do with the man’s aboriginal status.

A three-judge panel from the Ontario Divisional Court in Toronto last week dismissed an application by Lawrence Hay, former chief of police of the Tyendinaga Mohawk First Nation, to quash a previous Human Rights Tribunal of Ontario ruling and order a new hearing.

“I am pleased that Mr. Hay's allegations have not been sustained by a second judicial body,” Fantino, now Conservative MP for Vaughan and Minister of Veterans Affairs, wrote in an email to yorkregion.com. “ I have felt all along that Mr. Hay failed to take responsibility for his inappropriate conduct, about which, as OPP Commissioner at the time, I had a duty to address."

Hay’s lawyers in April had set out to prove, in part, that “the (human rights tribunal) took a compartmentalized approach to the evidence that avoided consideration of whether, based on the totality of the evidence, race was a factor (in his dismissal)," according to the factum.

The court rejected that argument, ruling the tribunal's decision was correct and there's no evidence anything Fantino did was motivated by racism.

Hay and his legal team have not yet decided whether they will appeal the court’s decision, lawyer Peter Rosenthal said.

The longtime police officer was hoping his legal battle would ultimately end with him getting his old job back, according to Rosenthal.

Hay spent 19 years with the RCMP before leaving to take up a post as chief of police of the Tyendinaga First Nation in eastern Ontario in 1998.

As required under provincial law, the OPP commissioner first appointed him as a First Nations constable.

During a protest in April 2007, Hay complained about police racism in an article published in a student newspaper.

In light of the comments, Fantino suspended then revoked Hay's appointment as a First Nations constable in October 2007, effectively ending his position as chief.

Normally, police officers in Ontario charged with misconduct have a right to a full hearing along with extensive rights of appeal under the Police Services Act, but that’s not the case for First Nations officers.

Hay argued unsuccessfully before the human rights tribunal that the different rules for aboriginal and non-aboriginal officers are discriminatory.

The court last week agreed with the tribunal’s ruling.

Hay had also argued his assertions of police racism were protected under the human rights code and Fantino's actions were retaliatory.

The tribunal dismissed those arguments as well and the court upheld that decision.

http://www.therecord.com/news-story/462 ... urt-rules/

http://www.yorkregion.com/news-story/46 ... urt-rules/
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