Fantino's Folly:
The Brant Wiretaps

What was Julian Fantino thinking? He does the taping and he doesn't temper his words? Ontario Provincial Police might need a new name, let's call them the Keystone Cops!

The matter is serious and arises from Shawn Brant's participation in two highway and rail blockages in 2007 held by the Tyendinaga Mohawks. The point of the protests were to put pressure on the various government levels to finally resolve land claim and property related issues.

Shawn Brant currently faces several charges arising from his role in the blockade. Recently at the preliminary inquiry OPP wiretaps were made public after a judge lifted a publication ban.

Fantino is quoted having said to Shawn Brant, "your whole world's going to come crashing down" and threatening to "do everything I can within your community and everywhere to destroy your reputation" Fantino was also quoted having said to Brant, "I'm now telling you `Pull the plug or you will suffer grave consequences.'"

Julian Fantino doesn't deny he said these things. Shawn Brant's lawyer, Peter Rosenthal was disgusted by Fantino's actions and wrote a letter of complaint to Ontario Premier Dalton McGuinty.

Rosenthal in his letter, dated July 24, 2008, wrote, "OPP Commissioner Fantino's activities on the National Day of Action on June 29, 2007, his testimony at the preliminary inquiry, and his statements in the past few days demonstrate that he has no respect whatsoever for the recommendations of the Ipperwash Inquiry or for the OPP's commitment to follow those recommendations.

The lawyer added, "members of the provincial government have refused to comment on the the allegations that Commissioner Fantino acted in contravention of the Ipperwash recommendations on the grounds that "the matter is before the courts." That is incorrect. The case against Shawn Brant is before the courts ... The question of how First Nations blockades should be policed is not before the courts. It was before the Ipperwash Inquiry for three years, after which an extensive analysis was published in the "Report of the Ipperwash Inquiry" released on May 30, 2007. Your government expressed strong support for the conclusions of the Report."

Dudley George's Legacy: Ipperward Report

The Ipperwash Report blamed the Federal and Provincial governments of the day and the police for the incidents that lead to the death of native protestor Dudley George in 1995, saying "The federal government, the provincial government, and the OPP must all assume some responsibility for decisions or failures that increased the risk of violence and make a tragic confrontation more likely."

Rosenthal listed some of the essential recommendations of the Ipperwash Report.

  • Number 9: gives overall direction for policing aboriginal occupations and protests, emphasizing the requirements of negotiation and building trust.
  • Number 11: The OPP should ensure the involvement of First Nation police services and the assistance of First Nation mediators when it responds to Aboriginal occupations and protests.

Rosenthal points out that "The evidence at the preliminary inquiry shows that this was indeed taking place on June 29. However, Commissioner Fantino repeatedly interrupted negotiations between the First Nations people blockading the 401 and First Nations constables by calling Mr. Brant's cell phone and threatening him. Some of the threats have been reported in the press; in his testimony at the preliminary inquiry, Commissioner Fantino acknowledged saying those words. It must be noted that Commissioner Fantino testified that he had sniper teams nearby as he was having these conversations, and that the OPP was close to moving against the participants in the blockade."

"The point is not simply that a Commissioner of the OPP should speak more appropriately. The concern is that an OPP officer speaking like that in such a context could have derailed negotiations entirely and led to a horrible outcome."

Fantino responded on the OPP website "Consistent with the recommendations from the Ipperwash Inquiry, the OPP continues to work collectively with legitimate First Nations leadership and communities to ensure that both the interests of participants during lawful protests and public safety can be served in the best way possible."

Rosenthal disagrees, "In my opinion, Commissioner Fantino ignores the Ipperwash recommendations, which were not concerned with what the police would consider to be "lawful protests" and did not involve what the police would consider to be "legitimate First Nations leadership." The occupation of Ipperwash Park was the same in these respects as the June 29, 2007 blockade of the 401. The Ipperwash recommendations (especially 9 and 11) and the entire Ipperwash Report were meant to apply to such situations.

The McGuinty letter concludes, "All of these issues should be investigated in due course. However, in my view there is only one issue that requires immediate action by your government: Is it safe to have Mr. Fantino remain as Commissioner of the OPP? If that is not dealt with urgently, we may well see the repetition of the tragedy at Ipperwash."

Shawn Brant is about to face trial for his actions at the blockades. If he had said the things to Fantino that the OPP's Top Cop said to him, wouldn't he have even more charges to face?

Perhaps before Fantino opened his mouth that day he ought to have read the O.P.P's promise, found on their website:

As an organization, the Ontario Provincial Police (O.P.P.) commits to working continually to earn the confidence of the citizens of and visitors to Ontario—a confidence that will not be taken for granted. The O.P.P. fulfills this commitment by providing the best and most professional service, possible, and by striving to build a culture of trust, and open and honest dialogue, with the communities it serves and among the people it employs.

Ontario Provincial Police

www.opp.ca

Roach Schwartz & Associates

www.roachschwartz.com

© 2008 The Toronto Tribune, All Rights Reserved.