Kahtou 0004
Nov. 2000
The leaders representing major national and regional First Nations Organizations in Canada have submitted ten formal complaints to the Canadian Judicial Council in regard tot he conduct of Judge Frank Barakett of the Quebec Superior Court (Family Division), in the case of Lavoie v. Listuguf Police Service et all. The attitudes, statements and comments made by Judge Barakett are shocking and flagrantly discriminatory. They speak volumes about the treatment that First Nations and Aboriginal citizens receive at the hands of Canada's judicial system. The Lavoie case involves Ms Audrey Isaac, a citizen of the Listuguj Mi'kmaq First Nation and her two children. She was seeking custody of her twin daughters, after fleeing back to her community in Listuguj, when her relationship with her husband severely deteriorated and she found herself in desperate circumstances.
"Judge Frank Barakett's ignorance, insensitivity and discrimination towards Aboriginal peoples and, more specifically, towards Aboriginal women cannot be tolerated. Furthermore, the little importance that he attaches to violence against women are evidence of his inability to do justice. Judge Frank Barakett's ruling, which is riddled with stereotypes and contempt towards Aboriginal peoples, definitely undermines the Aboriginal women's trust in the Canadian judicial system," says Michéle Audette, Quebec's Native Women's Association.
The Assembly of First Nations has joined forces with the Quebec Native Women's Association, Listuguj Mi'kmaq First Nation Government, native women's Association of Canada and the Secretariat of the Assembly of First Nations of Quebec and Labrador in lodging these formal complaints. In the eyes of the organisations, they are symptomatic of the unequal treatment First Nations citizens too often receive when confronted with the legal system in Canada.
"That a judge should tell a woman who is seeking to protect her children and ensure their happiness that she should give them heroin to keep them happy is outrageous and inappropriate. Such judicial conduct unjustly encourages a stereotypical view of First Nations as drug abusers. There were no drugs or alcohol involved in the Lavoie case. In view of the repeated inappropriate conduct of this judge in the Lavoie case, he should be removed from the bench. He represents all that is wrong with Canada's justice system," stated National Chief Matthew Coon Come.
The judge also conveniently omitted to look at the criminal record of her non-Aboriginal ex-husband, branding him " a solid citizen" who has had no problems with the law. How could he have ignored the ex-husband's six convictions for criminal assault on his ex-wife and her mother?
In addition, in the absence of any evidence whatsoever, the Judge concluded in his judgment that Ms Isaac had "brainwashed" and "indoctrinated" her children, when she introduced them to Mi'kmaq culture. Further, the Judge insulted all First Nations in Canada when he referred to their cultures as a 'child like myth of pow wows and rituals".
Vice-Chief Ghislain Picard stated that: "The Judge's comments throughout the judicial process are totally unacceptable. They are filled with contempt and ignorance which cast serious doubts on the fairness of the system. such attitude shows a glaring lack of respect towards our peoples and what we stand for."
The ten formal complaints to the Canadian Judicial Council are being submitted with extensive substantiation that includes a wide range of references to Aboriginal and other fundamental human rights, as well as the Ethical Principles of Judges that is published by the Canadian Judicial Council.
"I have always put my faith in the judicial system for my protection and that of my children. i would hope that when evidence is presented that I'd be treated equally and fairly under the law. I can relate to Ms Audrey Isaac as a mother of twins myself. I am appalled that in today's society, any judge who has a position of trust in Quebec Superior Court, Family Division, could render a decision against Ms Isaac while making derogatory comments in relation to evidence and circumstances presented. I am deeply disturbed with Judge Frank Barakett's comments not only in court but with those in his written decision. I fully support the removal of Judge Barakett from the bench and would suggest to anyone who has had cases heard before this judge to ensure that they received unbiased decision," said Darlica Dorey, President of the Native Women's Association of Canada.
For additional information, contact Michéle Audette (Quebec Native Women's Association) at 514.954.9991, Jean LaRose, AFN, at 613.241.6789 ext 251, Vice Chief Ghislain Picard, AFNQL, 418.842.5020, Darlica Dorey, NWAC, at 613.722.3033 or Chief Allison Metallic (Listuguj Mi'kmaq First Nation) at 506.759.4203. A point form description of the details of the 10 formal complaints is available upon request.