Friday, June 13, 2014

Walter Rodney Commission of Inquiry - Eusi Kwayana on Dr. Walter Rodney, Collective Leadership, Trust

Selwyn Pieters and Eusi Kwayana
By Selwyn A. Pieters, B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)
Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Posted on June 13, 2014

As a lawyer with significant experience in human rights, civil rights and non-adversarial matters, I was retained to represent its interest of the Guyana Trades Union Congress (GTUC) at the Walter Rodney Commission of Inquiry (WARCOI).

Mr. Eusi Kwayana was a co-founder of the Working People's Alliance. He is also a Guyanese cultural icon.

The cross-examination that I conduct on Dr. Kwayana went to the modus operandi of Dr Walter Rodney as a political leader. It explored whether he was a team player? Did he heed the advice of the older sages? Did he trust others around him or only himself and siblings? Was there a disagreement on the violent vs non-violent means for the overthrow of the Forbes Burnham PNC government? What were the signs the WPA were looking for to determine 'all other means had failed'? Who was to make that call? Kwayana told the COI that "Rodney was motivated in becoming more resolute in getting rid of Burnham and the PNC.." It is common knowledge that the WPA and PPP alliance broke up. Without the PPP how could the WPA have gotten rid of Burnham and the PNC electorally?

Excerpts of June 02, 2014 evidence of Eusi Kwayana - Cross-examination by Pieters

Mr. Chairman: The Guyana Trades Union Congress.
Mr. Pieters: Good morning, Mr. Kwayana.

Mr. Kwayana: Good morning, Counsel.

...
Mr. Pieters: Thank you very much, Sir. You spoke, Mr. Kwayana, about the collective leadership which was the manner in which the WPA operated?
Mr. Kwayana: Yes.
Mr. Pieters: Can you describe what or explain that concept, please?
Mr. Chairman: Was that not explored already, Mr. Pieters, collective leadership? We are avoiding repetition. If someone has asked your question delete it from your list. I think collective leadership was explained already on Friday last, I think it was.
Mr. Pieters: Maybe I missed that part of the evidence. Okay, very well, I will move on.
Mr. Chairman: I might have misspoke somewhat because I am told that it was only explained who were the joint leaders, but the notion was not explained so I will permit a brief response.

Mr. Pieters: Thank you.
...
Mr. Kwayana: Yes, the collective leadership of the Working People’s Alliance simply meant that the elected Executive did not have a leader. The elected Executive were co-equal because we were trying to conquer the old politics and what happened was that each person, we still distributed the sort of initiative that a leader might be taking because, periodically, the person who chaired the collected leadership would rotate; it would pass from person to person and that was the essence of how it worked.
Mr. Pieters: Now, in terms of that collective leadership, did the young Walter Rodney emerge at the apex of that leadership?
Mr. Kwayana: Not so far as the Working People’s Alliance was concerned. That was a matter of public perception. He was the most popular of the collective leadership for several reasons.
Mr. Pieters: How about Mr. Rupert Roopnarine?
Mr. Kwayana: Yes.
Mr. Pieters: Yes, and yourself?
Mr. Kwayana: Yes.
Mr. Pieters: And Lieutenant Omawale?
Mr. Kwayana: Omawale was really, Dr. Omawale was really out of the country. He had been working abroad in an international organisation and really when he got arrested, he was home on a visit. So he would not have come into that routine.
Mr. Pieters: I mean, part of the modus operandi of the WPA at the time was to get rid of the Burnham Government or dictatorship, as it was called, by any means possible. That much is established in the evidence. Correct?
Mr. Kwayana: Your Latin is confusing me, Counsel. I do not understand your Latin.
Mr. Pieters: The WPA had as one of its objectives, the removal of the Burnham Government by any means necessary. That much is established in the evidence?
Mr. Kwayana: Yes, it is established.
Mr. Pieters: If the Burnham regime was removed, who was going to assume this leadership of the country?
Mr. Kwayana: We had proposed a government of national unity and reconstruction, in a document drawn up by Dr. Rodney and approved by the collective leadership. So no one had been identified as a person to head any government. It was a question of getting forces together so that there could be some sense of national cohesion. A government of national unity and reconstruction and the whole point was to get rid of rigid party controls and to open up more to citizen of all strata in the population.
Mr. Pieters: I mean you would agree and your evidence has borne it out that Dr. Rodney was more popular than others. You would agree that he was a charismatic leader or a charismatic person?
Mr. Kwayana: Yes.
Mr. Pieters: And on the issue of collective leadership, did Dr. Rodney accepted this notion of collectivism having fought so long with the African Liberation Movement where charisma mattered?
Mr. Kwayana: You are a little rapid there for me, please. Can you please repeat? I want to get your question please.
Mr. Pieters: On the issue of collective leadership, did Dr. Rodney accept this notion of collectivism having fought so long with the African Liberation Movement where charisma mattered?
Mr. Kwayana: I cannot answer that question.
Mr. Pieters: ...Mr. Kwayana, we agree that Dr. Rodney was a charismatic person?
Mr. Kwayana: Yes.
Mr. Pieters: We also agree that Dr. Rodney had mass appeal?
Mr. Kwayana: Yes.
Mr. Pieters: We agree that Dr. Rodney was an intellectual?
Mr. Kwayana: Yes.
Mr. Pieters: Was Dr. Rodney a team player?
Mr. Kwayana: Was Dr. Rodney a what? Key player?
Mr. Pieters: Team player.
Mr. Kwayana: Team player, yes, very much so. Very very much a team player. Team worker. [Inaudible]
Mrs. Samuels-Brown: Did he say team worker?
Mr. Chairman: Team player.
Mrs. Samuels-Brown: I think the witness added team worker.
Mr. Kwayana: I said team worker because I rather…
Mr. Pieters: Did Dr. Rodney shared confidences with you?
Mr. Kwayana: As he wished. I cannot say how many or if he shared all confidences with me, but he spoke to me freely so far as I know.
...
Mr. Pieters: My question is comparing yourself with Dr. Rodney, and I think you may have given this evidence on the first day you appeared as a witness; you were sort of an elder within the party?
Mr. Kwayana: I think I was the oldest in the collective leadership.
Mr. Pieters: Did Dr. Rodney approach you for advice?
Mr. Kwayana: Dr. Rodney asked me for advice. We asked one another for advice. That is what it was about.
Mr. Pieters: Did Dr. Rodney follow the advice that you provided to him, to the best of your recollection?
Mr. Kwayana: That is difficult to recall.
Mr. Pieters: Pardon?

Mr. Kwayana: That is difficult to recall. It did not happen as frequently as you might think.


Mr. Pieters: You met with Dr. Rodney on the day of his demise, correct?
Mr. Kwayana: On the evening before he left the office, yes. He left me in the office.
Mr. Pieters: When you met with Dr. Rodney what was the nature of the discussion that took place between yourself and Dr. Rodney?
Mr. Kwayana: There was no particular discussion. He told me he was going to pick up his daughter at her school, I think it was St. Roses. I think it was a time when they had some activities at school.
Mr. Pieters: Did he discuss with you that he was going to be seeing Gregory Smith at some point that evening?
Mr. Kwayana: He certainly did not because I never heard the name “Gregory Smith” up to then.
Mr. Pieters: Did he tell you that he was going to be meeting his brother Donald that evening?
Mr. Kwayana: He may have, I am not too sure. It is his brother, I would not be surprised.
Mr. Pieters: Did he tell you that he was going to be testing a device?
Mr. Kwayana: No.
Mr. Pieters: To the best of your recollection, what he told you was that he was going to be picking his daughter up.
Mr. Kwayana: He was going to pick up his daughter at her school, that is, I thought he left the office at that time for that purpose.
Mr. Pieters: Can you explain then, why would Dr. Rodney choose his baby brother Donald against another leader in the collective leadership in the WPA to confide in? Why would he not have confided in you (1) that he was meeting with Gregory Smith (2) that he was going to be testing a device?
Mr. Chairman: Do you think that is an appropriate question for him to answer? Mr. Eusi, you answer it but I do not know that you would be able to answer that. It puts you in Rodney’s mind…
Mr. Kwayana: Yes, that is right.
Mr. Chairman: …and I did not know that you were residing there.
Mr. Pieters: Well, let me put it to you differently, Mr. Kwayana. I am going to suggest to you that Doctor Rodney did not trust you.
Mr. Kwayana: Oh! [Laughter] I am willing to accept that if you say so, but I think there is evidence to the contrary.
Mr. Pieters: Well, we know that he never told you about Gregory Smith, correct?
Mr. Kwayana: No.
Mr. Pieters: We know that he did not tell you about the testing of the device…
Mr. Kwayana: On…
Mr. Pieters: …on that evening in question.
Mr. Kwayana: On that evening, yes. I knew he was testing walkie-talkies, I said that in my statement. I knew he was collecting walkie-…
Mr. Pieters: Did you know who his suppliers were?
Mr. Kwayana: Did I know…
Mr. Pieters: …who his suppliers were for the walkie-talkies?
Mr. Kwayana: Oh, no, I never knew nor wanted to know. I did not know and I did not want to know.
Mr. Pieters: You did not want to know, so…
Mr. Kwayana: I did not ask.

*****

Mr. Chairman: A few housekeeping matters which we have managed to resolve satisfactorily, but we are now free to go. Mr. Pieters, are you ready?
Mr. Pieters: Yes, Mr. Chairman. Mr. Chairman, you had directed me to an aspect of the witness evidence or my questioning of the witness and so I need to ask him. Mr. Kwayana?
Mr. Kwayana: Yes.
Mr. Pieters: The Chairman has asked this morning because I had raised a series of cases in which persons were charged with possession of firearms and possession of ammunition. The Chairman was interested in knowing what the disposition was of the various cases and so I will ask you to the best of your recollection, do you recall for example in the Torrington, et al case, what the disposition of those charges were?
Mr. Kwayana: They were dismissed.
Mr. Pieters: In the David Hinds case, do you recall what the disposition was?
Mr. Kwayana: I spoke on that in your absence yesterday. Yes, I do recall. He was convicted.
Mr. Pieters: Was there any…
Mr. Kwayana: He was convicted in the Magistrates’ Court and appealed on the grounds that the weapons had not been produced in Court.
Mr. Pieters: Was there any other WPA activist or members?
Mr. Chairman: Before you get that far, what happened then to the appeal? Carry through so logically, Counsel.
Mr. Kwayana: The appeal has not yet been heard.
Mr. Pieters: Let me ask you this, has the appeal not yet been heard because it is abandoned by the appellant or is it a bureaucratic administrative process that caused it not to be heard?
Mr. Kwayana: I just know that the Hinds appeal has not yet been called so far as I know.
....
Mr. Pieters: You mentioned this morning an activist by the name of Jinah Rahman?
Mr. Kwayana: Yes.
Mr. Pieters: Jinnah Rahman was a treason accused?
Mr. Kwayana: A treason accused, yes.
Mr. Pieters: Jinnah Rahman got out of the country before the authorities could apprehend him?
Mr. Kwayana: Yes, that is fair.
Mr. Pieters: Do you recall or were you part of the discussion of how he would have been spirited out of the country?
Mr. Kwayana: I saw him before he left.
Mr. Pieters: Was he provided with a false passport or did he leave on a genuine passport?
Mr. Kwayana: He did not leave by the usual means. He left by what we call the back-track.
Mr. Pieters: Okay.
Mr. Kwayana: I imagine.
Mr. Pieters: Your back-track, can you elaborate what form that backtrack would take?
Mr. Kwayana: I did not get the question.
Mr. Pieters: What form this back-track, as you say it is, would take?
Mr. Kwayana: I do not know it personally. It was a back-track that went through Suriname because of the traffic there with vendors going and coming looking for scarce items, you know. So it was a well established thing which we call the back-track.
Mr. Pieters: That there was a disagreement in respect to the means or the violent means within in which the WPA were going to overthrow the PNC government?
Mr. Kwayana: These are things you discuss from time to time. There will always be disagreement, but there was never a decision to use violence to overthrow the PNC government.
....
Mr. Pieters: Mr. Kwayana, what were the signs the WPA was looking for to determine that all other means have failed?
Mr. Kwayana: The signs were applying various means and processes and seeing the results and then studying the social and political terrain to see what else could be done and one of these means included the courts.
Mr. Pieters: Let me ask you this, had the WPA exhausted all other means, who was going to make the call that violence is inevitable and necessary?
Mr. Kwayana: It would have to be the Working People’s Alliance.
Mr. Pieters: And by whom do you mean the collective leadership, Dr. Rodney or the WPA as a whole?
Mr. Kwayana:  It will have to begin with the collective leadership, but it will have to go to the WPA as a whole because you cannot go on an adventure like that with a handful of people and the organization does not know what is going on. It is impractical. It is a fancy fairy tale.
....
Mr. Kwayana: The WPA and the PPP went different ways when the 1980 elections were called. At that time Walter Rodney was already away from us.
Mr. Pieters: Well let me ask you this, without the PPP, how could the WPA have gotten rid of Burnham and the PNC electorally?
Mr. Kwayana: I do not know.
Mr. Pieters: And that is your answer?
Mr. Kwayana: That is my answer.
Mrs. Samuels-Brown: Remember though that the witness had said that this break or going different way between the WPA and the PPP was to quote him, ‘after Dr. Rodney was not with us’ so bear that in mind, the chronology.
Mr. Pieters: Very well, Madam Commissioner. Mr. Kwayana, you know that Dr. Roopnarine, in an article on the 19th September, 2010 stated in the Stabroek News that the party was accumulating weapons long before the murder of Dr. Rodney?
Mr. Kwayana: That question had been put to me in different form and I answered that from my own knowledge, there were, I said two or perhaps three occasions on which members of the Working People’s Alliance were charged with arms. One of them being, Dr. Hinds coming in from the United States and the arms were never presented in court. One you mentioned this morning the treason trial which to the best of my knowledge was dismissed and one was Ohene Koama who was alleged to have been found with a bag of arms in his car trunk, a very small car. Police blocked him off in Roxanne Burnham Gardens on 18th November, 1978 and he was shot. He was not charged. The police alleged that he pointed a rifle at them.
....
Mr. Kwayana: That I had?
Mr. Pieters: An aversion to violence.
Mr. Kwayana: Oh yes.
Mr. Pieters: Would you agree that because of that aversion that you had to violence that, the WPA kept you out?
Mr. Kwayana: That I had what?
Mr. Pieters: Of.
Mr. Kwayana: I am not getting you.
Mr. Pieters: Okay, maybe I should speak in plain language. Mr. Kwayana, because of your disavowance of violence, would you agree that the WPA kept you out of the robust activism activities that involved acquiring walkie talkies for example and ultimately firearms and ammunition?
Mr. Kwayana: We all had an aversion to violence. We all had an aversion to violence and I did not have to be kept in to acquiring walkie-talkies or kept out. It was something that perhaps one or two people did, one of them being Dr. Rodney and after his death, they found a few other walkie-talkies in his house and they searched it, and he was not there and none of these firearms and explosives, and none of these things were found.
12.03hrs
Mr. Pieters: Who else within the WPA collective leadership would you have said was adverse to violence?
Mr. Kwayana: All of us were oppose to violence.
Mr. Pieters: Okay.
Mr. Kwayana: The very Dr. Rodney that you are pinpointing said in an interview with Mr. Carl Blackman in February 1980 in an article, three times, “violence is always regrettable because people are killed and many get injured”- three times in the same interview. So, I do not know who had a passion for violence.
Mr. Pieters: Alright. You recall, let me ask you this about Gregory Smith. Would you agree that Gregory Smith was not a political person?
Mr. Kwayana: He did not sound political to me.
Mr. Pieters: Excuse me?
Mr. Kwayana: He did not sound political to me…
Mr. Pieters: You would agree then that he was not a political person?
Mr. Kwayana: ….from what I read in his book. Yes, I am inclined to agree with that. I cannot swear to it.
Mr. Pieters: We had a discussion earlier about the various nuclei that was formed within the WPA. You recalled we had that discussion earlier this morning?
Mr. Kwayana: Yes, Sir.
Mr. Pieters: Part of what is the function of the nuclei was, is vetting prospective members.
Mr. Kwayana: Getting members?
Mr. Pieters: vetting or doing a sort of screening of the members to make sure that they could be trusted?
Mr. Kwayana: I guess so, all branches or nuclei had their own ways of bringing members in and they would bring in people that they trust, for example, they would not recruit someone who is a member of the ruling party to which we were oppose and if in some cases, if there is infiltration, they had to be alert against that kind of thing.
Mr. Pieters: Let me ask you this, you wrote on Page 17 of your statement and I am going to read it. On Page 17 of your statement in respect to Dr. Rodney’s situation, you said, “the bulky robust police station on the its usual site would be visible to anyone driving north in John Street or walking on the western parapet of John Street in the prison block between Durban Street and Bent Street. A would-be-bomber was therefore not attempting his bombing of the prison wall. Assuming to plot to bomb the wall the bomber would be encouraged by the absence of the Police presence and discouraged by the presence of the Police.” You said that, correct?
Mr. Kwayana: Yes, I wrote something to that effect.
Mr. Pieters: You also said earlier that Dr. Rodney was risk-taker and that he would take certain risk that other younger members would not?
Mr. Kwayana: No. I said he was a risk taker and all of us took risk. I did not…..
Mr. Pieters: I am referring to….
Mr. Kwayana: Please, I am still here.
Mr. Pieters: I am testing you on, you have two different statements, you have one on page nine and one on page 17 so and I questioned you on the first statement of a risk-taker this morning and the transcript would be around for examination.
Mr. Kwayana: Yes, we are all risk-takers. You get into that kind of politics fighting a dictatorship is risky.
Mr. Pieters: Let me say this; let me put this to you then. If what you said on page nine is true, then such risky actions by Dr. Rodney and Donald Rodney in the face of armed guards are quite possible?
[Court Marshall gave Witness a copy of a document]
Mrs. Samuels-Brown: … by some risky action of what?
Mr. Pieters: The risky action of going to the Georgetown prison with a device as directed by Gregory Smith in the face of armed sentries being there would be quite possible if Dr. Rodney is both courageous and at that taking risk.
Mrs. Samuels-Brown: The device you are referring to is a walkie-talkie or an explosive? I just want to be clear what your question is?
Mr. Pieters: The placebo or whatever it was, the explosive device he had in his possession.
Mr. Kwayana: I think that would be going beyond being risky. I think that would be fool-hardy.
Mr. Pieters: Right and let us talk about fool-hardiness since you used the term and not me. The last time you were at the Commission (May 30, 2014) and I watched it on National Communications Network Inc. (NCN), I watched it on live stream and so, you did a demonstration with a bottle, I believe it was, looking for a red light. Do you remember that?
Mr. Kwayana: Looking for a what?
Mr. Pieters: Looking for a red light. Mr. Scottland….
Mr. Kwayana: Oh, yes, bending over…
Mr. Pieters: …had you doing a physical demonstration.
Mr. Kwayana: That is right.
Mr. Pieters: And first you were going to be looking for a cellular phone and you resorted to a bottle and when Mr. Chairman stepped in.
Mr. Kwayana: Correct.
Mr. Pieters: Yes and this thing about looking for a red light, bending down looking for a red light, did it not seem fanciful to you? Who does that?
Mr. Kwayana: I do not know.
.......
Mr. Pieters: Mr. Kwayana this is my last question to you.
Mr. Kwayana: Sir?
Mr. Pieters: We have dwell into the past, taking a forward look in approach, what would you say to the thousands of young people out there who are following this historic case, what would be your advice to them?
....
 Mr. Chairman: I am happy to learn that this is your last question. Perhaps the witness can answer you and let us get on.
Mr. Kwayana: I would advise young people to study first of all and follow the best examples in their communities.

See also Transcript of evidence of Tacuma Ogunseye June 25, 2014;
Transcript of evidence of Dr. Nigel Westmaas June 30, 2014; July 01, 2014.

********
Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of Trinidad and Tobago).

Selwyn has appeared at all levels of courts, including the Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20, Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.

Selwyn has provided representation to persons charged with various criminal offenses including Drugs: Selling and Possessing, Shoplifting, Serious Offences of Violence: Aggravated Assault, Assault with a Weapon and Robbery, Gun Offences, sexual assault, robbery, theft, extortion, HIV/AIDS litigation; fraud, break & enter, attempted murder, murder, regulatory offences under the Occupational Health and Safety Act, professional disciplinary offences, and conspiracy offences.

Selwyn has also been involved in drugs, guns and gang trials including "Project Green Apple", "Project XXX" and "Project Kryptic", "Project Corral" which are some of Canada's largest Criminal Organization prosecutions. Selwyn is currently counsel for an accused in "Project Feline" and Project Revival" drug sting operations. In Project Corral, Selwyn's advocacy resulted in the "gang expert" evidence being discredited and the Criminal Organization charges against his client and others being tossed out by the Court: R. v. Agil, Chambers, Fullerton, Jimale and Brown 2011 CarswellOnt 18099 (Ont. CJ. July 14, 2011, Khawley J.)

Selwyn recently obtained an extraordinary remedy of costs agains the Crown for failure to provide disclosure of police officer memo book notes in R. v. W.(J.), [2013] O.J. No. 2284, 2013 CarswellOnt 6322, 2013 ONCJ 270 (Ont. CJ.).

Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695.

Selwyn has provided crucial legal advise to clients duringhigh risk situations such as gun calls, hostage taking, barricaded persons, mentally disturbed persons, high risk arrests and public order control in situations where there is significant public disorder, lawlessness, personal injury and property damage. Charges of cause disturbance and assault police can be pretextual racial profiling charges: R. v. Roach, 2005 O.J. No. 5278 (Ont. C.J.) (Criminal Law - Causing a Disturbance); R. v. Ramsaroop, 2009 CarswellOnt 5281, 2009 ONCJ 406 (Ont. CJ.); R. v. Taylor, 2010 CarswellOnt 6584, 2010 ONCJ 396, [2010] O.J. No. 3794 (Ont. CJ.)

Selwyn was co-counsel in the world's first-ever sexual HIV transmission murder trial of Johnson Aziga in Hamilton, Ontario. See, for example, R. v. Aziga, 2008 CanLII 39222 (ON S.C.); R. v. Aziga; 2008 CarswellOnt 4300 (ON S.C.) and R. v. Aziga, 2008 CanLII 29780 (ON S.C.)

Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while black.

Selwyn has acted in exclusion cases at the Immigration and Refugee Board of Canada: See, Song Dae Ri (Re) 2003 CarswellNat 4527; (2004) 36 Imm. L.R. (3d) 203; Liang (Re) 2002 CarswellNat 4719; 33 Imm. L.R. (3d) 251.

Selwyn has appeared in  Coroners' Inquest including: Coroner's Inquest into the Death of Negus Topey (May 02, 2005, Coroners' Court, Dr. K.A. Acheson) Ruling on Application for Standing; Coroner's Inquest into the Death of Dwight Haughton (Coroners' Court, Dr. Evans) Ruling on Application for Standing; Coroner's Inquest into the Death of Jeffrey Reodica(May 04, 2006, Coroners' Court, Dr. B. Porter) Ruling on Application for Standing

Selwyn also acted as co-counsel with C. Nigel Hughes for the families of three deceased persons killed during a civil demonstration in Linden, Guyana, at the Linden Commission of Inquiry. Selwyn is currently co-counsel with Brian M. Clarke representing the Guyana Trades Union Congress in the Walter Anthony Rodney Commission of Inquiry in Georgetown, Guyana.

Walter Rodney Commission of Inquiry - The Battle for Contemporaneous Documents


"We are trying to get to the truth of this matter and every single document that exists and should exist, should be here that is what my point is." Selwyn A. Pieters

By Selwyn A. Pieters, B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)
Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Posted on June 13, 2014

As a lawyer with significant experience in human rights, civil rights and non-adversarial matters, I was retained to represent its interest of the Guyana Trades Union Congress (GTUC) at the Walter Rodney Commission of Inquiry. I am currently co-counsel with Brian M. Clarke representing the Guyana Trades Union Congress in the Walter Anthony Rodney Commission of Inquiry in Georgetown, Guyana.

The Commissioners are Sir. Richard L. Cheltenham, K.A., Q.C., Ph.D – Chairman (Barbados); Mrs. Jacqueline Samuels-Brown, Q.C. (Jamaica) and Mr. Seenath Jairam, S.C. (Trinidad). The Commission’s mandate established by its terms of reference is:-
(i) To examine the facts and circumstances immediately prior, at the time of, and subsequent to, the death of Dr. Walter Rodney in order to determine, as far as possible, who or what was responsible for the explosion resulting in the death of Dr. Walter Rodney;
(ii) To inquire into the cause of the explosion in which Dr. Walter Rodney died, whether it was an act of terrorism, and if so, who were the perpetrators;
(iii) To specifically examine the role, if any, which the late Gregory Smith, Sergeant of the Guyana Defence Force, played in the death of Dr. Walter Rodney and if so, to inquire into who may have counselled, procured, aided and or abetted him to do so, including facilitating his departure from Guyana after Dr. Walter Rodney’s death;
(iv) To examine and report on the actions and activities of the State, such as, the Guyana Police Force, the Guyana Defence Force, the Guyana National Service, the Guyana People’s Militia and those who were in command and superintendence of these agencies, to determine whether they were tasked with the surveillance of and the carrying out of actions, and whether they did execute those tasks and carried out those actions against the Political Opposition, for the period 1st January, 1978 to 31st December, 1980;
(v) To examine, review and report on earlier investigations and enquiries done on and into the death of Dr. Walter Rodney.

Thus far several witnesses have presented oral evidence. Very little affirmative evidence has been provided by any of the witnesses and for the most part some of the witnesses that appear to give evidence on a historic matter of 34 years do not have the benefit of files with pertinent material because those files have yet to be presented to the Commission. 

My point, as will be seen below, is that to make any findings of fact in respect to the terms of reference, the witnesses have to point to specific incidents, produce statements, photographs, records and/or documents that would provide an evidentiary foundation sufficient to move the hearing from mere speculation and unsupported accusations of complicity of members of the Joint Services and/or government in the death of Dr. Walter Rodney on June 13, 1980, some 34 years ago.


The following exchange with the Commission at the end of the evidence of Major-General (retd) Norman McLean  on June 05, 2014 demonstrates the extent of the slow production of documents by the Guyana Defence Force and the defensiveness of the Commission when it is called upon to deal with this pertinent and pressing issue. (Sir. Richard L. Cheltenham used the word lecturing numerous times during my submissions on this important point, possibly as a way from distracting me from putting on the record that no substantive documents were presented by the Guyana Defence Force to assist the Commission of Inquiry to make findings of fact that are supported by a proper evidentiary foundation and not a factual vacuum that we are currently operating in).  Afterall full disclosure of relevant and material evidence is a matter of fairness:

Mr. Pieters: Mr. Chairman with the greatest of respect and I am sorry that I speak so much, I guess because I have done so much many of these types of hearings but maybe we should request the file from the military police or intelligence, if they exist for the material time, in respect to this particular matter – The Walter Rodney affair – and what, if anything, the Military Police did to assist the Guyana Police Force, what, if anything, the intelligence unit did, what level of co-ordination there were between these two units. Obviously, the Major General cannot answer those questions 34 years later and he seems to have been out of the loop for whatever reason but if there are records that exist and I wrote to the Commission on this point before, let them be produced.
Mr. Chairman: We may find your suggestion useful but for now do you have any questions?
Mr. Pieters: I am going to tomorrow morning.
Ms. Samuels-Brown: I would just like to point out that the Secretariat has indicated to me that they have been in touch with the Military and I can assure you that the Commissioners, themselves, made preliminary contact with the Military. The request has been made and we have been assure that files are being searched for and certain documents have been presented to us so do not think that we have any dereliction of our duties in that respect. Efforts have been made and are continuing to.
Mr. Chairman: Our relationship is ongoing too, our contact in ongoing.
Mr. Pieters: The thing that I was thinking about in coming here this morning is Terms of Reference number five (v) because this Commission has been asked to look at what other previous inquest,

p. 137
other previous investigations, have done in respect to this matter and this is an international commission of sort because you have Lawyers from other countries, Commissioners from other countries. This Commission must have before it and must make its best effort to get each and every single document before it at an appropriate time. You do not want to find yourselves in a position twenty (20) years later where someone else is looking into your inquiry itself and asking questions which you may have to ask with respect to previous investigations. Any document that would have been relevant for the Major General today should have been here. Somebody should put the pressure on the army to get those documents before the Commission and forthwith.
Mr. Chairman: What are you suggesting… that we have not for the most part been doing that?
Mr. Pieters: Mr. Chairman you can issue a summons to the army and have the Chief-of-Staff appear here. That is what I would have done if I was sitting in Commission's Counsel position which I have in over a 1,000 hearings. I would have issued a subpoena as a record holder he would have been here and with those documents.
Mr. Chairman: The only issue is that you do not get voluntary cooperation.
Ms. Rahamat: Mr. Chairman…
Mr. Pieters: This is a tribunal hearing into a serious matter.
Mr. Chairman: Yes, but you do not walk about issuing subpoenas. You let people cooperate voluntarily with you.
Mr. Pieters: The documents should have been here; they are not, a subpoena is appropriate, if it was me.
Mr. Chairman: Apart from lecturing the Commission, do you have any questions of the witness?
Mr. Pieters: Mr. Chairman, I will proceed with my questions in the morning.
Mr. Williams: To support my learned Friend…
WALTER RODNEY COMMISSION OF INQUIRY
p. 138
...
Ms. Rahamat: I just wish to state for the record that the Guyana Defense Force has been cooperating with the Secretariat. They have been providing us with documents and we are liaising with one Mr. Patrick West, who is currently serving within the army. It would be inaccurate to say that we have not been receiving cooperation from the Guyana Defence Force. 
Mr. Williams: Mr. Chairman I just wish to state that the Major General is here by virtue of a subpoena. He has been subpoena to come here and I do not know what cooperation there is and no document are forthcoming from the GDF and by now the document should have been subpoenaed because he has already testify. He has been shown documents so I do not think it lies in the mouth of Counsel for the Commission to say that they are cooperating. Cooperating to produce what? Nothing?
Mr. Chairman: I am not sure there is any real dispute that should be pursued here in the terms of which of which it is suggested? No one has suggested to the witness as of yet something that he said that he would need to see documentary support. “Where is the file?” No one has suggested that. All the questions asked of him, for the most part, he answered them out of his own knowledge and with no need for files. So I do not understand what is this big thing is about files.
....
Mr. Pieters: Mr. Chairman, in the army – I am sure that if you have received a file you would see that – when a major incident happens within the Guyana Defense Force or the Guyana National Service ... do have their own internal inquiries and Commissions of Inquiries and if you were to get the files you would see what Commission of Inquiry was conducted internally by the army in respect to this particular incident because they would have had an inquiry with respect to the Gregory Smith affair, internally.
Mr. Chairman: You have the opportunity to ask him about it. You are lecturing the Commission and the chance is there for you to question.
Mr. Pieters: I am not lecturing you, Sir. I am just requesting documents and putting my thoughts on the record. I could never lecture such distinguished persons like yourself and please do not take it that way.
Mr. Chairman: If for the purposes of your questioning you knew the witness was coming you would have indicated to us you are aware of an inquiry and that you would like him to be walking with file we could have so indicated. In fact, when we adjourn, I do not think we will complete today, we can make that request of him. It can be done quietly, politely and effectively but you seem to know something that we did not know; there was an internal inquiry, you have the opportunity to question him about it, but to the extent that you have mentioned it, we will ask him, Major General most likely please advise Commission Counsel that tomorrow is available to him, yes. It is now half pass two so we are going to take a break shortly, but we will like you to walk as indeed we have been told that there has been a file dealing with an internal inquiry and if it is not too late for you to get hold of this, I do not know where it may be filed I will be glad if you could walk with it. Well you are no longer there, but it may very well be that you cannot, but if you cannot we will make efforts to get of the Army.
14.27hrs
Mr Pieters: Mr Chairman why do you not direct the Army to bring it here tomorrow. Ask the record holder to bring the file just like you would the hospital or anywhere else. He is no longer with the Army and would not have possession of Government property. That is the Government of Guyana‟s property. Direct the Army to do it that what your powers are as Commissioners.
Mr. Chairman: I do not know why you are so energetically lecturing us. I take on board the suggestion, however, that we can make the request of the custodian of the files I do not know whether we will get them here in time, but we can if necessary.
Mr Pieters: We are trying to get to the truth of this matter and every single document that exists and should exist, should be here.  That is what my point is. I am certainly prepared to excuse myself from the Commission if that cannot happen because I am not prepared to be part of a tribunal where 20 years later my name is on the record and it is questioned as to why we did not take the due diligence to get those documents. If I was Commission Counsel and advising you, a subpoena would be issued. I was Counsel for the Immigration and Refugee Board of Canada on many cases involving war crimes, crimes against humanity and many other cases, and we made sure we dealt with international agencies through our mission to get as much evidence as possible, so that when decisions are made, there was a full factual foundation. And that is the problem I am finding with this case that the Army has produced nothing. I have no evidence as to what steps the Commission took to get those materials from the Army, a Major General is here, no documents that are properly with the Army are here to put before him including Gregory Smith's file and that is totally unacceptable because if those files were here, it would have shown what steps were taken to deal with the Gregory Smith's desertion. None of which is here, and one of the counsel representing the Rodney's family has already asked his questions without the benefit of seeing those documents.
Mr. Chairman: We are not too late to get hold of files, if indeed they are still available. We will make every effort to do so, but do not give anyone the impression that a large number of files have not been made available to us. Just that we can provide the material that we have been providing in support of the Commission. But if you think, in this particular case, there are files that we should have seen, Counsel is prepared to make every effort to make sure that we get them. The Witness has to come back and perhaps we may defer his coming back until the next session, if you think that is convenient, so to give you the opportunity to get whatever files you think may be relevant and may be available....
Mr. Jairam: Mr Pieters, I do not think you are being entirely fair to Commission Counsel. You practice in a very sophisticated jurisdiction, and I can tell you that we in the Caribbean do not move in the same alacrity that you are accustomed to. No effort has been spared, as far as we are concern, about getting those records but we are hoping that we do not have to use our coercive powers to get them, and of course, we have it within our discretion to defer any witness, if an issue arises. We are very grateful for your suggestion, but I think, if I am to, your tone seems to be very critical, but it is an on-going exercise and remember we have been trying to meet given the some 34 years, almost. I think today is the 5th in a few days will be 34 years since this incident has occurred. So some of these records by these various agencies, I suspect are in the archives and it will take some doing in retrieving them. It is not an incident that occurred last year or five years ago. So efforts are being made. We were encouraged in our stakeholders meeting, but the clear indications we have received from the Army, the Police and all the others including your client, the Guyana Trades Union Congress, about the cooperation so we would like to, you know, assure you that we are making every effort and we are alive, we are alive individually and collectively, of our very onerous responsibilities and we do not want posterity to be unkind to us. We are very grateful, but I wish you were not as severe to the Commission Counsel as you appear to be. I am sure I hope with my comment you are assure.
Mr. Pilgrim: Mr. Chairman, I just wanted to indicate that while I agree with much of what Commissioner Jairam is stating. I also agree with much of what my learned Friend who practices way in the North in the first world is saying. I do not think that we should, in any way, try to move away from standards that we have set in the Caribbean with is that generally speaking, we do not like to cross-examine when we have seen papers for the first time when the witness arrives and generally speaking, throughout the proceeding so far, in my involvement, we have seen people‟s statement days maybe a day or two before or on the day and it is not a standard to which we are accustomed to in this region. If it is that we are unable to provide statements the day before, it may be that these proceedings should be adjourned until such time as those statements are available. Rather than every time we arrive here, we receive a statement the same day or the day before and then we proceed…
143
Mr. Chairman: I do not know how much experience you have in Commissions of Inquiry, but this is my eighth and I can tell you that in each one, including the most recent one in Trinidad that went for three years the Coup Commission of Inquiry, some statements we had in advance of sittings, some were produced in the midst of sittings because the Commission is a dynamic process. Something is mentioned by a witness that caused the investigators to pursue that line that was indicated and in two or three days, an additional statement is provided. You get it the morning, but you are focusing so if falls into context and you question the Witness on it a day later. Nothing unusual in the Commission of Inquiry; it is hectic work.
Mr. Pilgrim: We understand the dynamic situation. But there is an availability of a lot of this material, in our view; I agree with Mr. Pieters on this, some of this material should have been available already.

www.guyanatimesgy.com  June 10, 2014

Guyana Times Subpoenaing witnesses last resort – Glen Hanoman www.guyanatimesgy.com  June 10, 2014


Shaun Michael Samaroo, Special Report on WARCOI, Guyana Chronicle, June 07, 2014

StabroekNews Walter Rodney's COI, June 5, 2014 Part 4 (video file)

Denis Scott Chabrol, Norman Mc Lean paid scant attention to GDF Sergeant implicated in Walter Rodney's death, Demerara Waves, 05 June 2014

Denis Scott Chabrol, GTUC lawyer at Rodney Inquiry warns of possible prosecution, Demerara Waves, May 30, 2014

********
Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of Trinidad and Tobago).

Selwyn has appeared at all levels of courts, including the Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20, Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.

Selwyn has provided representation to persons charged with various criminal offenses including Drugs: Selling and Possessing, Shoplifting, Serious Offences of Violence: Aggravated Assault, Assault with a Weapon and Robbery, Gun Offences, sexual assault, robbery, theft, extortion, HIV/AIDS litigation; fraud, break & enter, attempted murder, murder, regulatory offences under the Occupational Health and Safety Act, professional disciplinary offences, and conspiracy offences.

Selwyn has also been involved in drugs, guns and gang trials including "Project Green Apple", "Project XXX" and "Project Kryptic", "Project Corral" which are some of Canada's largest Criminal Organization prosecutions. Selwyn is currently counsel for an accused in "Project Feline" and Project Revival" drug sting operations. In Project Corral, Selwyn's advocacy resulted in the "gang expert" evidence being discredited and the Criminal Organization charges against his client and others being tossed out by the Court: R. v. Agil, Chambers, Fullerton, Jimale and Brown 2011 CarswellOnt 18099 (Ont. CJ. July 14, 2011, Khawley J.)

Selwyn recently obtained an extraordinary remedy of costs agains the Crown for failure to provide disclosure of police officer memo book notes in R. v. W.(J.), [2013] O.J. No. 2284, 2013 CarswellOnt 6322, 2013 ONCJ 270 (Ont. CJ.).

Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695.

Selwyn has provided crucial legal advise to clients duringhigh risk situations such as gun calls, hostage taking, barricaded persons, mentally disturbed persons, high risk arrests and public order control in situations where there is significant public disorder, lawlessness, personal injury and property damage. Charges of cause disturbance and assault police can be pretextual racial profiling charges: R. v. Roach, 2005 O.J. No. 5278 (Ont. C.J.) (Criminal Law - Causing a Disturbance); R. v. Ramsaroop, 2009 CarswellOnt 5281, 2009 ONCJ 406 (Ont. CJ.); R. v. Taylor, 2010 CarswellOnt 6584, 2010 ONCJ 396, [2010] O.J. No. 3794 (Ont. CJ.)

Selwyn was co-counsel in the world's first-ever sexual HIV transmission murder trial of Johnson Aziga in Hamilton, Ontario. See, for example, R. v. Aziga, 2008 CanLII 39222 (ON S.C.); R. v. Aziga; 2008 CarswellOnt 4300 (ON S.C.) and R. v. Aziga, 2008 CanLII 29780 (ON S.C.)

Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while black.

Selwyn has acted in exclusion cases at the Immigration and Refugee Board of Canada: See, Song Dae Ri (Re) 2003 CarswellNat 4527; (2004) 36 Imm. L.R. (3d) 203; Liang (Re) 2002 CarswellNat 4719; 33 Imm. L.R. (3d) 251.

Selwyn has appeared in  Coroners' Inquest including: Coroner's Inquest into the Death of Negus Topey (May 02, 2005, Coroners' Court, Dr. K.A. Acheson) Ruling on Application for Standing; Coroner's Inquest into the Death of Dwight Haughton (Coroners' Court, Dr. Evans) Ruling on Application for Standing; Coroner's Inquest into the Death of Jeffrey Reodica(May 04, 2006, Coroners' Court, Dr. B. Porter) Ruling on Application for Standing

Selwyn also acted as co-counsel with C. Nigel Hughes for the families of three deceased persons killed during a civil demonstration in Linden, Guyana, at the Linden Commission of Inquiry. Selwyn is currently co-counsel with Brian M. Clarke representing the Guyana Trades Union Congress in the Walter Anthony Rodney Commission of Inquiry in Georgetown, Guyana.






Sunday, April 20, 2014

GTUC will participate in the Rodney Commission of Inquiry

Guyana Trades Union Congress
Press Statement
April 20, 2014
GTUC will participate in the Rodney Commission of Inquiry
The Guyana Trades Union Congress (GTUC) has retained Civil Rights Lawyer Mr. Selwyn A. Pieters, to represent its interest on the Walter Rodney Commission of Inquiry. The GTUC met the commissioners when they were on their exploratory visit and expressed concerns with the Terms of Reference (ToR). Dr. Walter Rodney remains a national and international figure and in the present circumstance cannot be looked at as the property of a specific family or group, for he belongs to all of us, and consultation as to the way forward in arriving at the truth should have involved everyone. GTUC strongly holds the view that the ToR should have has the input of all the Members of the National Assembly since this was the forum that authorised and approved the decision for an inquiry.
That notwithstanding the GTUC considers the Inquiry an important factor in the nation’s activities, for Dr. Walter Rodney’s death has been used as a wedge in dividing families, friends, associates, political aspirants and communities. The GTUC is conscious of its role as a national organisation and guided by historical developments has taken a decision that it will not stand idly by and allow a national commission of this nature to commence and conclude without Labour making its position known. The GTUC prior to Rodney’s death had addressed issues surrounding him as a worker, historian and citizen, and on his demise called for an inquiry into his death. At this juncture, while there are understandable concerns about the absence of consultation and the ToR upon which the Commission will deliberate, GTUC owes this society a duty to assist in arriving at the truth.
Guyana is advised by history. In 1965 the Burnham administration commissioned the International Commission of Jurists (ICJ) to address the accusation of racial imbalance in the disciplined services made by the People’s Progressive Party (PPP). The PPP boycotted the commission.  The ICJ said it was also guided in its deliberations by examining the press releases and public statements made by the Party. This assisted in informing its recommendations, which led to changes in recruitment policies such as height, size and other established requirements inherited from the colony authority. The Rodney Commission is on record saying it will be examining documents in the public domain.
Consistent with the foregoing the GTUC cannot afford to have any person or group apply interpretation to any statement made by Labour in the past without having the opportunity to ensure the use of our statements is consistent within the context they were made. Our non-participation would be an abrogation of our responsibility and contribution to this society on the matter and more so denying the country an opportunity in arriving at the truth.
GTUC is mindful of the various claims about how Rodney met his death, but no one has been brought before a judicial authority to answer to and/or justify any of these. In the circumstance there is no statute of limitation barring indictment or inquiry and this can be described as a Cold Case. This is not unusual and happens throughout the world, resulting in constant examination and re-examination and even judicial review. Rodney, as a national and international figure, name continues to be used in various pursuits and deserve closure, however long it takes. Guyana and Guyanese deserve closure to this chapter of our history and an end brought to use of Rodney’s name as a wedge. The GTUC is prepared once again to play its part to the achievement of this end.
********
Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of Trinidad and Tobago).

Selwyn has appeared at all levels of courts, including the Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20, Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.

Selwyn has provided representation to persons charged with various criminal offenses including Drugs: Selling and Possessing, Shoplifting, Serious Offences of Violence: Aggravated Assault, Assault with a Weapon and Robbery, Gun Offences, sexual assault, robbery, theft, extortion, HIV/AIDS litigation; fraud, break & enter, attempted murder, murder, regulatory offences under the Occupational Health and Safety Act, professional disciplinary offences, and conspiracy offences.

Selwyn has also been involved in drugs, guns and gang trials including "Project Green Apple", "Project XXX" and "Project Kryptic", "Project Corral" which are some of Canada's largest Criminal Organization prosecutions. Selwyn is currently counsel for an accused in "Project Feline" and Project Revival" drug sting operations. In Project Corral, Selwyn's advocacy resulted in the "gang expert" evidence being discredited and the Criminal Organization charges against his client and others being tossed out by the Court: R. v. Agil, Chambers, Fullerton, Jimale and Brown 2011 CarswellOnt 18099 (Ont. CJ. July 14, 2011, Khawley J.)

Selwyn recently obtained an extraordinary remedy of costs agains the Crown for failure to provide disclosure of police officer memo book notes in R. v. W.(J.), [2013] O.J. No. 2284, 2013 CarswellOnt 6322, 2013 ONCJ 270 (Ont. CJ.).

Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695.

Selwyn has provided crucial legal advise to clients duringhigh risk situations such as gun calls, hostage taking, barricaded persons, mentally disturbed persons, high risk arrests and public order control in situations where there is significant public disorder, lawlessness, personal injury and property damage. Charges of cause disturbance and assault police can be pretextual racial profiling charges: R. v. Roach, 2005 O.J. No. 5278 (Ont. C.J.) (Criminal Law - Causing a Disturbance); R. v. Ramsaroop, 2009 CarswellOnt 5281, 2009 ONCJ 406 (Ont. CJ.); R. v. Taylor, 2010 CarswellOnt 6584, 2010 ONCJ 396, [2010] O.J. No. 3794 (Ont. CJ.)

Selwyn was co-counsel in the world's first-ever sexual HIV transmission murder trial of Johnson Aziga in Hamilton, Ontario. See, for example, R. v. Aziga, 2008 CanLII 39222 (ON S.C.); R. v. Aziga; 2008 CarswellOnt 4300 (ON S.C.) and R. v. Aziga, 2008 CanLII 29780 (ON S.C.)

Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while black.

Selwyn has acted in exclusion cases at the Immigration and Refugee Board of Canada: See, Song Dae Ri (Re) 2003 CarswellNat 4527; (2004) 36 Imm. L.R. (3d) 203; Liang (Re) 2002 CarswellNat 4719; 33 Imm. L.R. (3d) 251.

Selwyn has appeared in  Coroners' Inquest including: Coroner's Inquest into the Death of Negus Topey (May 02, 2005, Coroners' Court, Dr. K.A. Acheson) Ruling on Application for Standing; Coroner's Inquest into the Death of Dwight Haughton (Coroners' Court, Dr. Evans) Ruling on Application for Standing; Coroner's Inquest into the Death of Jeffrey Reodica(May 04, 2006, Coroners' Court, Dr. B. Porter) Ruling on Application for Standing


Selwyn also acted as co-counsel with C. Nigel Hughes for the families of three deceased persons killed during a civil demonstration in Linden, Guyana, at the Linden Commission of Inquiry. Selwyn is currently co-counsel with Brian M. Clarke representing the Guyana Trades Union Congress in the Walter Anthony Rodney Commission of Inquiry in Georgetown, Guyana.

For more on Mr. Pieters please refer to http://www.selwynpieters.com/


Sunday, April 06, 2014

ONTARIO COURT OF APPEAL HEARING OF CANADIAN CHARTER CHALLENGE TO OATH TO QUEEN



McAteer et al. v. AGC - This Tuesday (April 08, 2014) the long-standing Charter challenge to the requirement of taking an oath of allegiance to the Queen in order to obtain Canadian citizenship will be argued at the Court of Appeal for Ontario at 10:30 a.m.  in a courtroom at 130 Queen St. W. in Toronto.

The Applicants, Michael McAteer, Simone Topey and Dror Bar-Natan,  questioned the constitutional validity of the Oath or Affirmation of Citizenship prescribed by section 24 of the Citizenship Act R. S.C. 1985, c.C-29 and the regulations made pursuant thereto and are appealing the September 20, 2013  decision of Justice Edward Morgan in the Constitutional challenge of Citizenship Act (Superior Court) McAteer v. Canada (Attorney General) 2013 ONSC 5895 (ON S.C.) . See also, Colin Perkel, Required Oath to Queen for new Canadians constitutional, court rules, CP, September 20, 2013; Colin Perkel, Citizenship oath to the Queen violates free speech, but isn't unconstitutional, Ontario court rules, National Post, September 20, 2013.

The Citizenship Act requires applicants for citizenship to swear or affirm that they will bear true allegiance to Queen Elizabeth the Second and her Heirs and Successors. Many people who feel that the monarchy is an anti-democratic relic of the past conscientiously object to taking such an oath and feel that it should suffice to take an oath to Canada.

Twenty years ago, the late civil rights lawyer Charles Roach launched a Charter challenge to this oath in the Federal Court; he lost. In 2005, Mr. Roach started a similar case in Ontario's Superior Court. The Attorney General of Canada argued that this case should not be heard because of the earlier dismissal by the Federal Court. However, it was ruled that, as a result of changes in Charter jurisprudence in the past twenty years, the case could go ahead.

Mr. Roach died on October 2, 2012.  The case is now proceeding on behalf of three new applicants: Michael McAteer (retired former journalist for the Toronto Star), Simone Topey (of the Black Action Defence Committee) and Dror Bar-Natan (Professor of Mathematics at the University of Toronto).  They are appealing the dismissal of their application by the Superior Court of Justice.

For reasons of conscience and/or religion, the applicants feel that they cannot take the oath. They are arguing that the oath requirement violates their rights to freedom of religion and conscience pursuant to section 2(a) of the Charter, their right to freedom of expression provided by section 2(b) of the Charter, and their equality rights guaranteed by section 15(1) of the Charter. The Attorney General of Canada maintains that "The inability to enjoy the benefits of citizenship - to hold a Canadian passport and to vote - are amongst the costs reasonably borne by individuals whose personal beliefs run counter to Canada's foundational heritage."

Peter Rosenthal, one of the lawyers representing the applicants, said:
 Like the present applicants, Charles Roach really wanted to become a citizen of Canada but his conscience would not allow him to take an oath to a person that symbolized inequality. I hope that that this case will vindicate Mr. Roach's extraordinary efforts to promote equal dignity of all human beings." .”

For more information, contact any of the applicants or Peter Rosenthal :
Michael McAteer, mrpmcateer@bell.net ; Simone Topey,
racquiah@hotmail.com; Dror Bar-Natan,
drorbn@math.toronto.edu ; Peter Rosenthal, rosent@math.toronto.edu

- 30 -

The Lawyers for the Applicants are

Peter Rosenthal
Michael Smith
Selwyn Pieters
Reni Chang

Lawyers for  The Attorney General of Canada are

Kristina Dragaitis
Sharon Stewart Guthrie

A copy of the court documents in this case are to be found here


 Resources:

Jeff Gray, The Globe and Mail ‏Would-be Canadian citizens set to fight oath to Queen, Published on Thu Jul 11 2013

Bob Hepburn Politics, Toronto Star, Stephen Harper’s love for Canada’s colonial past Published on Thu Jul 11 2013

Colin Perkel, The Canadian Press Would-be citizens set to fight oath to Queen  via @metrotoronto Published on Thu Jul 11 2013


Colin Perkel, The Canadian Press Appeal Court set to hear battle over citizenship oath to the Queen Published Sunday, Apr. 06 2014, 5:42 PM EDT


  • Roach v. Canada (Attorney General), 2009 CanLII 7178 (ON SC)
    Superior Court of Justice — Ontario
    class — oath — citizenship — allegiance — proceeding
  • Roach v. Canada, 2008 ONCA 124 (CanLII)
    Court of Appeal for Ontario — Ontario
    motion — straightforward — handling — officials — constitutional

    Roach v. Canada (Secretary of State), 2007 CanLII 17373 (ON SC)
    Superior Court of Justice — Ontario
    swear allegiance — class — abuse of process — forum — constitutional

Wednesday, February 05, 2014

Perspective_on_profiling_University_of_Ottawa

By Selwyn A. Pieters, B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)
Attorney-at-Law (Republic of Guyana, Island of Trinidad)

Posted on February 05, 2014

On Friday February 07, 2014, Toronto Lawyer Selwyn Pieters will be speaking at the University of Ottawa, Faculty of Law, on racial profiling. I will be on a panel on Friday in Ottawa with Anne London Weinstein and Marlyse Durmal. I will speak on my experience with racial profiling in my various practice: Education, policing, law, customs and airport screening, employment. I will also speak on the significant decision in Peel Law Association v. Pieters [2013] O.J. No. 2695 2013 ONCA 396 including lessons learnt; challenges in litigating a racial profile case; what is require to launch a successful human rights application etc. 

Venue: University of Ottawa Law School, Fauteaux Hall, 52 Louis Pasteur (King Edward and Laurier), Classroom 302 (third floor)
Time: 4pm-6pm.


********

Selwyn A. Pieters, B.A. (Toronto), LL.B. (Osgoode), L.E.C. (U.W.I). Lawyer & Notary Public (Ontario). Attorney-at-Law (Republic of Guyana and Republic of Trinidad and Tobago). A significant portion of Selwyn's work involves representation of persons in human rights, civil and criminal litigation matters in the Federal and Provincial Courts and the Human Rights Tribunal of Ontario.

Selwyn is the successful litigant in the recent racial profiling case involving carding of three Black men: Peel Law Association v. Pieters, 2013 CarswellOnt 7881, 2013 ONCA 396, 228 A.C.W.S. (3d) 204, 116 O.R. (3d) 81, 306 O.A.C. 314, 9 C.C.E.L. (4th) 233, [2013] O.J. No. 2695.

Selwyn has appeared at all levels of courts, including the Ontario Court of Appeal in Freeman-Maloy v. Marsden 267 D.L.R. (4th) 37, 208 O.A.C. 307 (C.A.); Bangoura v. Washington Post (2005) 202 O.A.C. 76, (2005) 17 C.P.C. (6th) 30 (Ont.C.A.), the Federal Court of Appeal in The Honourable Sinclair Stevens v. The Conservative Party of Canada, [2005] F.C.J. No. 1890, 2005 FCA 383 and Supreme Court of Canada in Attorney General of Ontario v. Michael J. Fraser, et al., 2011 SCC 20. He represented Correctional Manager Mariann Taylor-Baptiste in the ground-breaking competing rights case of Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 CarswellOnt 8965, 2012 HRTO 1393, 2012 C.L.L.C. 230-022 reconsideration denied in 2013 CarswellOnt 1033, 2013 HRTO 180, 2013 C.L.L.C. 230-019 at the HRTO; Civil Rights lawyer Charles Roach in the Oath cases of McAteer, Topey, Dror-Natan v. Canada (Attorney General) 2013 CarswellOnt 13165, 2013 ONSC 5895 (ON S.C.) and Roach et al. v. Canada 2012 CarswellOnt 7799, 2012 ONSC 352 (ON S.C.) which is a constitutional challenge to the oath in the Citizenship Act.

Selwyn most recently litigated the racial profiling case of:
M. (R.) v. Toronto Police Services Board, 2013 CarswellOnt 12134, 2013 HRTO 1472
M. (R.) v. Toronto Police Services Board, 2013 CarswellOnt 11941
M. (R.) v. Toronto Police Services Board, 2013 HRTO 1102
M. (R.) v. Toronto Police Services Board, 2013 HRTO 73
M. (R.) v. Toronto Police Services Board, 2012 CarswellOnt 11158
M. (R.) v. Toronto Police Services Board, [2011] O.H.R.T.D. No. 618, 2011 HRTO 410
M. (R.) v. Toronto Police Services Board, 2011 ONCJ 143, 2011 CarswellOnt 1980, 2011 ONCJ 143, 274 C.C.C. (3d) 272 (Ont. CJ.)
M. (R.) v. Toronto Police Services Board, 2010 CarswellOnt 9121, 2010 HRTO 2349
M. (R.)v. Toronto Police Services Board was recently settled to the satisfaction of all parties and the terms of settlement reached remain confidential.

In the criminal law realm some of the cases Selwyn argued on racial profiling includes: R. v. Steele, 2010 ONSC 233 (ON S.C.) and R. v. Egonu, 2007 CanLII 30475 (ON SC) - Driving while black and R. v. Bramwell-Cole [2010] O.J. No. 5838 (ON S.C.) - walking while black.


Selwyn also acted as co-counsel with C. Nigel Hughes for the families of three deceased persons killed during a civil demonstration in Linden, Guyana, at the Linden Commission of Inquiry.