Manitoba justice inquiry

MANITOBA JUSTICE INQUIRY (1991)

Manitoba Justice Inquiry Aboriginal vs Non Aboriginal Experiences

JJ Harper

Helen Betty Osborne

The Inquiry• Created to respond to two specific incidents in Manitoba.

1987-1988• J.J. Harper E.D Island Lake Tribal Council• Helen Betty Osborne 19 year old student• Explore/Investigate All Aspects of Each Case

Inquiry was delayed• Challenged by the Winnipeg Police Association

• Manitoba Court of Appeal ruled that Orders in Council were deemed invalid because they were in English Only

• It was legally altered to Administration of Justice and Aboriginal People- 1989.

Community Hearings• Open to the Public• 1,000 presenters/speakers• 36 Aboriginal Communities were visited• 20 with no road access• Hearings at 5 Correctional Facilities• 21,000 pages of transcripts• No Cross-examinations ( Build Trust)• 123 days of hearings• 18,000 kilometers travelled

Aboriginal Vs Non Aboriginal

•Experiences/Research• Investigating Practices•Race Relations•Cultural Biases •Understanding Barriers

Aboriginals

• Incarceration• Child Welfare• Language Barriers• Lack of representation by Aboriginals within the justice system

• Lack of support

J.J. Harper

JJ Harper•Shot and killed by police in 1988•Police Exonerated•Evidence supressed•Racial concerns by Aboriginals /unanswered questions

Helen Betty OsborneMurdered Nov.13,1971

Norway House Indian Reserve

Attending High School (The Pas,Manitoba)

Hoping to Become a Teacher

Nov.13,1971• Helen Betty Osborne was abducted by four men• Forced into a car• Physically and Sexually Assaulted in the car• Taken to a Cabin on Clearwater Lake • Driven to the pump house on Clearwater Lake• Taken from the car and brutally beaten and stabbed

(50) times to death

Helen Betty Osborne’ Body• Found by a 14 year old boy (Kenneth Gurba)• Between 9 and 10 A.M. Saturday Nov.13 1971

• Very dense wooded area • Police Summoned

• Identification of Helen Betty Osborne was found through fingerprints 10 minutes after midnight Nov.14,1971

Justine Osborne (Mother)• Police Officer Alan Hayden-Luck of Norway House 1:56

a.m.went to Justine Osborne’s home and broke the news to her.

• He was uncertain if anyone else was with her• A recommendation was made that the officer could have

contacted the Band, or reached out to some other support for Justine Osborne

• Justine stated that she was in shock and wanted the Officer to leave her home

Helen Betty Osborne Investigation

Aboriginals

• Friends are interrogated by Police

• Graphic pictures shown• No Parental /Guardian

Consent• Boyfriend/ Fainted Upon

Seeing Pictures

Non -Aboriginals• 4 suspects Identified • No Formal Questioning• Parent was informed and

permission was obtained prior to questioning

• One in-car informal interview which was interrupted by suspect’s friends

• 16 years before any charges• Middle Class Standing•

Helen Betty Osborne

• Witness• White or light blue car is identified • 5342 Partial Plate #• Driving Erratically Near Clearwater Lake• The car is identified as a 1967 Chrysler• Locally Owned by Bud Colgan- Lee Colgan’s Father

Judicial Inquiry Requested

• Both the Chief of The Pas Indian Band and the Mayor of The Pas, Manitoba had advocated for a Judicial Inquiry into the Helen Betty Osborne murder.

Suspects Known to Police /May 1972

•Jim Houghton•Lee Colgan•Norman Manger•Dwayne Johnston

3 Phazes of the Investigation• 1 Nov.13,71- Oct.72• 2 1972 to 1983 • 3 1983 to trial in 1987 ( Constable Urbonski)

Const. Robert Urbanosk 1983• Phaze 3/Urbonski conducted a review of the case

• The Inquiry was confident that had it not been for his efforts the case might never have been solved.

• Read the case 4/5 times• Brought on 11 other officers/investigators• 2 sets of wiretaps• 7,000 man hours• Posted a news article for information• 4 more persons came forward

Charges Laid 1986• Colgan is charged in Oct.3 1986• Johnston is later charged Oct.27/1986• Preliminary Hearing March 10,1987• Lee Colgan through his lawyer requested immunity for

evidence against Johnston March 9,1987• Granted by the Crown

1987 Trial

•Dwayne Johnston successfully charged

• Norman Manger- No Charges• Jim Houghton -Acquitted•Lee Colgan -Witness Immunity

Video

•Remind Paul to bring up cbc Video

• http://obesitythunderbay.ning.com/video/aboriginals-and-justice

The R.C.M.P @ The Pas,Manitoba• Community-based problem solving:• Child Protection Team: • Northern Gateway Community Chaplaincy Program: • Restorative and alternative justice:• Community Justice Program: • Alternative Measures Program: • Crime prevention:• The Pas & Area Citizens on Patrol Program (COP)• Drug Abuse Resistance Education (DARE): • Neighborhood Watch:

R.C.M.P. @The Pas, Manitoba• Crime prevention:• The Pas & Area Citizens on Patrol Program (COP)• Drug Abuse Resistance Education (DARE): • Neighborhood Watch: • Safe Grad: The high school in The Pas has chosen to participate in the Safe

Grad program. In order to assist in this process, a member from the local detachment acts as a liaison between the school and the RCMP.

• Other Crime Prevention Programs include:• Crime Stoppers• Media Relations• Impaired Driving• Community Youth Round Table• Police-community relations:• School Liaison• Youth & Parent Wellness Symposium•  

R.C.M.P

• Quality service through strategic partnerships:• The community also benefits directly and indirectly

from strategic partnerships that the RCMP forms with other law enforcement and governmental agencies as well as with as with other community groups. Several unique associations have been formed:

• Mayor and Council/Chief and Council• Victim Services• The Pas Chapter of the National Joint Committee of

Senior Criminal Justice Officials

Reference Page

• Reference Page•  

• Aboriginal Justice Implementation Commission (n.a.) (2000) Retrieved from

• http://www.ajic.mb.ca/index.html

• (Aboriginal Justice Implementation Commission2000)

• CBC Digital Archives.1991 Retrieved from

• http://www.cbc.ca/player/Digital+Archives/Society/Native+Issues/ID/1434997207/

• (CBC Digital Archives.1991)

• Helen Betty Osborne Memorial Foundation (n.d.) (n.a.) Retrieved from

• http://www.helenbettyosbornefdtn.ca/

• (Helen Betty Osborne Memorial Foundation)

•  R.C.M.P The Pas, Manitoba (n.a.)(n.d.) Retrieved from

• http://www.rcmp-grc.gc.ca/mb/detach/thepas-eng.htm

• (R.C.M.P The Pas, Manitoba (n.d.))

•  

• Report of the Aboriginal Justice Inquiry (n.a.) (1991) Retrieved from

• http://www.ajic.mb.ca/volumell/chapter1.html

• (Report of the Aboriginal Justice Inquiry1991)

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