Friday, January 04, 2008

Discrimination alleged in Air India probe

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.
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."
03/01/08 Kim Bolan/Vancouver Sun, Canada
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