Joint Inquest Can Proceed if Ontario Willing

July 15, 2014

THUNDER BAY: Nishnawbe Aski Nation (NAN) says the joint inquest into the deaths of NAN youth in Thunder Bay could get underway this fall if the Ontario Attorney General and the Office of the Chief Coroner are committed to the process.

“We had expectations that the Government of Ontario would get this inquest together as expeditiously as possible and they are not delivering,” said Deputy Grand Chief Alvin Fiddler, who holds the justice portfolio. “The office of the Attorney General has taken the position that they are prepared to run criminal trials but not coroner’s inquests. This makes us question why the families of the youth are less deserving of access to jury proceedings than the criminal accused in the North?”

NAN is responding to a recent directive by the Office of the Chief Coroner that no inquests will be held using the Thunder Bay jury roll, further delaying the inquest into tragic deaths of seven youth who died under similar circumstance while attending school in Thunder Bay two years after it was called. However, the Attorney General has made public statements that criminal jury trials will continue in the North, despite the invalid jury roll.

“We are at a loss as to how the Attorney General is proposing to run jury trials on criminal matters in the North while at the same time our families cannot have access to a jury for a coroner’s inquest. This is becoming absurd,” said Fiddler. “This appears to be another example of the government making big political announcements then sitting back while public officials lose interest and leave the concerns of our communities unaddressed.”

Aside from the issue of a valid jury, NAN is questioning the preparedness on the part of the Office of the Chief Coroner, as basic steps such as distributing a coroner’s brief years after this investigation started have not been done.

“The loss of these seven youth has caused fear and apprehension in NAN First Nations and the continued delays to get this inquest underway are unacceptable and very distressing for the families of these youth and their communities,” said NAN Grand Chief Harvey Yesno. “I am surprised and disappointed on behalf of the families of these lost youth and our communities that even the most basic court documents haven’t even been prepared.”
NAN has standing at the inquest, which was scheduled to begin this fall but has been delayed due to the government’s inability to submit proper documentation in time.

NAN is committed to cooperating with all parties to move forward with the inquest as soon as possible and has instructed legal counsel to offer a solution to the jury roll issue for the purpose of moving ahead with this inquest. NAN has every expectation that if provincial officials are committed to the inquest it can happen by the fall of 2014, but the government must be prepared to commit the necessary resources.

Nishnawbe Aski Nation is a political territorial organization representing 49 First Nation communities in James Bay Treaty No. 9 and Ontario portions of Treaty No. 5 – an area covering two thirds of the province of Ontario in Canada.

For more information please contact: Nick Sherman, Communications Officer – Nishnawbe Aski Nation (807) 625-4906 or cell (807) 472-1464 or by email nsherman@nan.on.ca

NT5