Trial, Week 18: Summary - November 29


WEEK 18: NOVEMBER 25 - 29, 1996

  * Day 81: Monday, November 25      * Day 84: Thursday, November 28-no report
  * Day 82: Tuesday, November 26     * Day 85: Friday, November 29
  * Day 83: Wednesday, November 27


Edited by Roz Royce and Trond Halle, from notes by Trond Halle (Defendant)

Posted by Settlers In Support of Indigenous Sovereignty

FRIDAY, NOVEMBER 29, 1996 - DAY 85

Abbreviations used in notes:

DC = Don Campbell (Defense)
SF = Shelagh Franklin (Defense)
GW = George Wool (Defense)
ST = Sheldon Tate (Defense)
MA = Manuel Azevedo (Defense)
HR = Harry Rankin (Defense)

LB = Lance Bernard (Crown)
JF = Jennifer Fawcus (Crown)

J = Judge

Without jury.

J in.

LB - says JF is ill and she has been handling most of the disclosure matters, but he'll try to deal with the video matters. He says that he met with the RCMP and they informed him that there is a total of 34 RCMP videotapes. In the balance of 17 tapes to come, there were only a few minutes here and there that would be removed. There are a few sections that would be removed automatically from disclosures, like things that don't deal with the investigation and some phone numbers. LB thinks that by Monday, he'll have the balance of the tapes. He is going to make a summary of the edited items so that the Defense can decide whether or not to further pursue these items. LB says that counsel for the police will then argue against releasing these items. LB hopes we can sit next Friday to deal with this and other issues that may arise out of this.

MA - says that in two days, they have seen two and a quarter tapes. LB says that the tapes vary in length. ST says he timed the first three tapes and each were two hours. J had thought that perhaps some of it could be fast forwarded. DC says that there are a number of briefings which can't be fast forwarded. MA says that the only remedy is for the Defense counsel to have copies or else the jury can be sent home until January. J agrees that tapes should be made available. LB has no trouble with this.

J asks if somehow, someone could be a friend of the court to let W know what is on the tapes. W says that he wants to view the tapes because they are very important. J asks if W would let GW act for him. W wants to act for himself. W says it's important because it touches all the political levels. LB suggests that W be able to watch these on the weekend in the Pre-trial Centre. ST suggests that there is nothing embarrassing or critical in the videos they have seen. He says that the undertakings are the most difficult thing to deal with here and suggests that the Pre-trial Centre take control of the tapes. J agrees with this. ST suggests that the undertaking be changed to an order not to copy the tapes for distribution or publication. J will stand down hoping that counsel can come together on this.

But first he asks LB about the Farrell/Brown notes. J says that GW has shown him a document that makes him want to consider the matter.

GW - says that he wants to inform the court that he has been dealing with Dr. Lock. She is an expert in Fetal Alcohol Syndrome (FAS) and GW wanted her to assess JoJo. She gave GW an urgent message which was that JoJo is in danger because of his deteriorating condition. She found that his ears were full of wax, his mouth's hygiene was of concern, and that he was on medication called Hycegin. GW says that JoJo is stressed and has special complications that are different from the other inmates there. All the staff have said that they agree that JoJo shouldn't be in there. GW wants to alert the court of the situation. The court may ask if JoJo is fit to stand trial and GW says that JoJo keeps asking when his bail review is, so he knows what's going on. GW says that it is not a mental disorder, but is a nerve disorder. JoJo's memory is failing. GW suggests that they bring on the application for bail next Friday. GW adds that Dr. Lock is having a meeting with Dr. Shaugnessy to decide what the best situation would be for JoJo. GW says that what is most distressing is that JoJo knows what is happening and what is being said and adds that FAS is a new condition for the court to deal with.

J thanks GW for the advance notice and asks GW to get his material together.

Stand down.

We're back.

MA - says there is no agreement about these tapes. MA would like clarification on the total length of the tapes.

LB - says he thinks it's fifty hours or so. LB proposes what he proposed earlier, except with an amendment for W. He proposes that two copies of the videos be made by the RCMP, which has to done back east and will total about $500 for each set. Crown proposes that two copies be made available to the Defense with a similar undertaking as JF had presented last week. LB says that the tapes have to be in the control of the counsel, which wouldn't impede their clients from viewing them in the presence of their counsel. J asks if the only matter here is cost. LB says that it is. J asks about SF. LB understands that SF is arguing pure law and the facts don't matter to her. He adds that she can't sign the undertaking, as only counsel can do so.

MA - says that cost should be no factor as this should have been released long ago. Defense wants a complete set for each counsel. They want the master viewed by an expert to check for editing. Costs should be compensated for the delay in disclosures. The jury should be told that the reason for the delay is because of the Crown's late disclosures. MA says that the tapes have already been vetted by the Crown, so there is no need for an undertaking.

W - hopes that he won't be charged for the tapes because he has no money as he's been locked up in jail for a year. He says that the Crown should pick up the cost because the Defense has asked for these tapes for some time.

SF - says that LB's comments are correct, but she wants a copy anyway to look for material to help her in her defense.

LB - says that the concern for controlling the tapes comes from the RCMP, but he can't say anything further as to their concerns. He says that the tapes were never created with intent for disclosure. J notes that there is already a copyright regarding the tapes, but surely people can talk about what they saw. LB says that the crucial thing is that the tapes are not shown to other people. J says that he will make an order anyway that the tapes will not be copied. LB doesn't know if that will console the police in the hopes that someone won't breach that order. J understands the concerns.

J spends 10 minutes writing up his decision. Then says that he has to step out to check on a few conditions. He stands down the court. Is he calling his bosses for further instructions?

J back. J reiterates the request for training tapes. He says that the one and a half hours of sensitive material is still in his hands. The remainder of the tapes still have to be looked at. J says that to play the tapes in the court will cause too large a delay. J rules that a tape set go to each unrepresented accused and all counsel. J rules that the tapes will not be shown to anyone but the accused and the counsel. Possession will not be given up to any non-authorized people. If an accused takes possession of the tapes, they must sign undertakings too. No copies will be made. Tapes must be returned after they are no longer required. He says that the tapes for W will be in the custody of the Surrey Pre-trial.

W - asks that Kealey sit with him and view the tapes to help him out because he has a right to have help. J wants to think about that for a moment. J allows this as long as Kealey signs an order before taking possession of the tapes.

LB - says that the tapes that were in the court before were not copy protected and he now has copy protected tapes to replace them.

J asks if LB is ready to deal with Farrell and Brown. LB won't ready until next week.

DC - would like to further the application dealing with Teddy Dick. J will deal with it after the break.

MB/ DC - says that Dick's matter deals with an exemption for the $40 a day during the birth of his daughter. This totalled 25 days. DC says that he looked into Social Services and has spoken to Jensen. DC suggested to Jensen that $700 be paid to Teddy, but Jensen wanted the J to rule. J rules the $700 go to Teddy.

MA - wants the J to confirm that people will be paid during this period that tapes are viewed. J agrees.

MA - says that they don't have any tapes to view now. LB says that they will be available by Tuesday.

MA - wants to deal with Farrell and Brown. J asks LB how sick JF is and LB says she has a flu bug. J fixes Tuesday to deal with Farrell and Brown.

W - wonders when Ryan will be back. J says that this will have to be canvassed with the counsel because the jury will be required. J wonders if the jury will even be needed at all next week. LB is hopeful that the tapes will be available by Tuesday.

DC - hopes that the tapes that are now available be divided by the Defense to at least get a start looking at these. J asks what to tell the jury. GW suggests telling them to return Monday the 9th. These proceedings are adjourned until 9:30 a.m. on Tuesday the 3rd. Stand down.

L/ The afternoon will be spent watching more videos. These will not be summarized at this time.

  * Day 81: Monday, November 25      * Day 84: Thursday, November 28-no report
  * Day 82: Tuesday, November 26     * Day 85: Friday, November 29
  * Day 83: Wednesday, November 27