Ruffling feathers

 

Conservation officer behind eagle feather sting operation now facing his own charges

 
 
 
 
Gary Abbott—picture here performing a traditional hoop dance at Party in the Park in Chilliwack in 2009—thinks eagle parts trafficking and possession charges against him should be dropped now that the conservation officer behind the investigation faces criminal charges of his own.
 

Gary Abbott—picture here performing a traditional hoop dance at Party in the Park in Chilliwack in 2009—thinks eagle parts trafficking and possession charges against him should be dropped now that the conservation officer behind the investigation faces criminal charges of his own.

Photograph by: Paul J. Henderson, TIMES File

The senior British Columbia conservation officer whose undercover investigations led to dozens of charges against First Nations men for trafficking in eagle parts now faces criminal charges of his own.

Rick Grindrod served about 15 years as a conservation officer and instigated a number of undercover operations that led to the high-profile charges, including against Chehalis band members Gary Abbott and Ralph Leon.

Grindrod was fired in May 2009 by Tom Clark, executive director of compliance and enforcement in the Ministry of Environment. He has now been charged with two counts of obtaining credit by false pretences, dating to June 14 and 19, 2008, and one count of fraud, dated to Feb. 16, 2009.

But despite the alleged connection between the fraudulent credit card use and Grindrod's undercover stings aimed at First Nations men, the attorney general has no intention of dropping the charges against Abbott, Leon or any of the First Nations men charged.

"This is the first time I've ever seen, in Canadian legal history, an attorney general using testimony of a discredited peace officer to prosecute somebody," said George Wool, lawyer for Abbott, Leon and four other men. "There's more of a political issue going on here. I think because these are aboriginals--historically aboriginals are never given a break. If this was a bunch of white guys and had a corrupt police officer dealing with drug deals, that would be dropped right away. This is a peace officer who is now charged criminally and they are trying to make a silk purse out of a sow's ear."

A spokesperson for the attorney general's office disagreed.

"I don't know that I would want to generalize it is the case that every time a peace officer faces allegations invariably results in a stay of proceedings," Neil MacKenzie told the Times. "Ultimately it will be for the court to decide."

That response infuriates Grand Chief Doug Kelly of the Sto:lo Tribal Council.

"[Crown counsel] are in a conflict of interest," he told the Times. "The Crown is relying on Grindrod and his evidence to convict Coast Salish artisans and, on the other hand, the Crown counsel is going up against Grindrod saying he ought to be convicted."

The charges against Abbott and Leon date back to April 2006 when 11 First Nations men were charged with a total of 105 offences related to unlawful possession of dead wildlife, trafficking in dead wildlife and other related offences.

According to Wool, the conservation service engaged in a massive undercover operation in which

powwows were targeted in an attempt to lure First Nations men into illegal activity with dead wildlife.

Wool alleges that one of his clients on Vancouver Island, who was unemployed with three kids, and had been kicked out of his house on the reserve, was convinced by undercover officers to shoot eagles for cash.

"They couldn't find anybody to do anything illegal so they find one guy who was really strapped for money," Wool said.

While Wool says it is unusual not to drop the wildlife trafficking and possession charges since Grindrod has been charged, the overall case and the techniques used are also what offend Kelly and other First Nations leaders.

Both Kelly and Wool point to the lack of judicial oversight in the conservation officer service (COS). Whereas RCMP officers require the approval of a judge to engage in undercover operations, the COS has no such requirement, according to Wool.

Kelly said an aboriginal COS employee was directed to pursue First Nations artists "at our powwows and our winter dance ceremonies and ask for help in creating his regalia.

"He told people that he decided to sober up and was on the 'red road,'" Kelly said. "That's incredibly offensive."

The case has now been going on for more than four years and Abbott said his next court appearance is not scheduled until December at the earliest.

Wool pointed out that the charges facing Abbott and Leon do not compare to the charges facing Grindrod.

"These are not criminal charges," he said. "These are regulatory. Some are less than a traffic ticket."

Some of the original 11 men charged have pleaded guilty simply to move on, according to Abbott. He has decided to fight on as he thinks the case will eventually become a precedent-setting rights and title case. While he would like the charges dropped because of Grindrod's charges, part of him thinks the fight is still important to carry on.

"If we drop it now it just means somebody is going to have to pick it up," Abbott said. "I don't want my sons to have to go through this. Either we get the legislation changed or we have a precedent-setting case."

Kelly is less optimistic about the long-term and just wants the charges dropped now.

"I don't have that kind of optimism in Canada's justice system," he said. "I've witnessed significant superior court decisions related to aboriginal title and rights and watched the government say 'the judge said that but that's not what he meant' so nothing changes in terms of federal policy."

Grindrod is next scheduled to appear in Kelowna Provincial Court Oct. 5

 
 
 
 
 
 
 
 

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Gary Abbott—picture here performing a traditional hoop dance at Party in the Park in Chilliwack in 2009—thinks eagle parts trafficking and possession charges against him should be dropped now that the conservation officer behind the investigation faces criminal charges of his own.
 

Gary Abbott—picture here performing a traditional hoop dance at Party in the Park in Chilliwack in 2009—thinks eagle parts trafficking and possession charges against him should be dropped now that the conservation officer behind the investigation faces criminal charges of his own.

Photograph by: Paul J. Henderson, TIMES File

 
 
 
 
 
 
 

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