Ont. Lawyer Who Argued for Fines that Hurt Now to Advise Truth and Reconciliation Commission, Sad But True

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> Ontario Legislature Hansard -Question Period May 6, 2008
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> Mr. Howard Hampton: To the Premier. Premier, last week in a letter to
> prominent Ontarians regarding the jailing of First Nation leaders, you
> indicated your government was pursuing, "strong and positive
> relationships with First Nations." Yet I want to quote your
> government's lawyer. When the Kitchenuhmaykoosib Inninuwug leadership
> were sentenced, he said, "I'm suggesting a financial penalty that
> hurts ...  the very fact that it will hurt means that it's the
> appropriate penalty." Premier, are crushing financial penalties to
> impoverished First Nations like Kitchenuhmaykoosib Inninuwug the basis
> of your new "positive relationship" with First Nations?
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> Hon. Dalton McGuinty: The Minister of Aboriginal Affairs
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> Hon. Michael Bryant: As the member is aware, the government has made,
> and continues to make, a number of efforts to avoid the incarceration
> of Chief Morris and council. As the member knows from reading the
> transcript, the Attorney General's agent opposed incarceration. In
> fact, it was the Attorney General who brought a motion to expedite the
> appeal, which is before the courts.
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> But in any event, I'm happy to recognize that significant efforts have
> been made to try and resolve this. We will continue to try and resolve
> this, as we are seeking solutions to try and come to an agreement, not
> only to find a solution in KI, but across the province.
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> Mr. Howard Hampton: You haven't answered the question, but I do have
> the transcript from the sentencing hearing. What's interesting is the
> McGuinty government's lawyer doesn't argue that jail is wrong. He
> says, "Jail is not the appropriate remedy because it allows them to
> portray themselves as martyrs. Your honour, it allows them to portray
> themselves as martyrs."
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> My question again: Is this the reality of the McGuinty government's
> positive relationship with First Nations? You wanted a sentence that
> would "hurt the First Nation," but you didn't want a sentence that
> would allow them to portray themselves as martyrs. Is that the
> reality? Because that's what the court record shows.
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> Hon. Michael Bryant: First, the member stood in the House and
> suggested that it was the government of Ontario that had jailed First
> Nations, and he was wrong. Then he suggested that, in fact, the
> government somehow was advocating for incarceration, and he was wrong.
> Now the tactic is, "Let's attack the crown. Let's go through the
> transcript and attack the crown." The bottom line is, the Attorney
> General opposed incarceration, period. The Attorney General is, in
> fact, supporting the appeal, period. If you want to look at the
> transcript, we have the unusual situation where defence
> counsel—counsel to chief and council—in fact says, "I'm in the odd
> position whereby the crown says, 'no incarceration,' and I find myself
> supporting incarceration." In fact, defence and crown attorney opposed
> incarceration. That was the position, that is the position and that
> will be the position. We will continue to pursue a resolution outside
> of these courts in order to achieve justice in KI.
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