01/04/08 (Can):
Discrimination Alleged In Air India Inquiry
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A report suggesting systemic discrimination affected the Air India investigation has led to a heated exchange between the victims' families, who commissioned it, and a lawyer for the federal government.
The report by sociologist Sherene Razack was entered as an exhibit Dec. 13 -- the last day of the Ottawa inquiry into the June 1985 terrorism plot that left 331 dead. The following week, Department of Justice lawyer Barney Brucker wrote to Raj Anand, representing the families, demanding documentation and supporting evidence.
But Anand fired back a letter this week saying the government is discriminating against the families' expert by making extraordinary requests of her that were not made of others at the inquiry.
"The families are equally saddened by the irony that the Canadian government's response to an assertion of systemic discrimination is . . . to treat their expert report differently from the report of the dozens of other expert opinions and other statements adduced by commission counsel on short notice throughout the inquiry," Anand said in the letter, a copy of which was obtained by The Vancouver Sun. "On behalf of the families, I am not willing to provide the sweeping documentary discovery that you seek."
Brucker said in his Dec. 19 letter that he is prepared to request a ruling on the issue from Commissioner John Major, who indicated on the last day of the inquiry that the topic was important enough to reconvene to hear evidence if necessary.
Brucker said he was not given the opportunity to cross-examine Razack. "The subject matter of Ms. Razack's report in my view has little, if any, connection to the terms of reference, however, as the report has been filed, it must addressed," Brucker said.
Anand replied that the families had wanted Razack to testify in person, but that time ran out. And he said the inquiry lawyers should have introduced expert evidence on systemic discrimination, but failed to do so, leaving the families "to retain an expert on their own on an issue that has been repeatedly raised by the commissioner and several parties."
Anand also lashed out at a suggestion by Brucker that Anand had inappropriately influenced Razack's conclusions. "The families do not appreciate a baseless accusation of unethical and dishonest conduct by their counsel and the expert witness they have retained. An apology, not a concerted attempt to rummage through counsel's file, is in order."
Razack's 28-page report said the dismissive attitude of police, journalists and Canadians overall was influenced by racist views. She said threats before the bombing were not taken seriously enough because of racial stereotyping, even if it was unconscious.
With thanks, © Vanc.Sun,2008
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