Warrior Life Studios

Pam Palmater

Year: 2020

  • Explosive Report Finds RCMP Toxic Culture of Racism, Misogyny & Homophobia

    Explosive Report Finds RCMP Toxic Culture of Racism, Misogyny & Homophobia

    “This process has forever tarnished the image of the RCMP as a Canadian icon.”

    The Honourable Michel Bastarache, Independent Assessor

    RCMP’S TOXIC CULTURE

    Racism, misogyny and homophobia – these are the characteristics of Royal Canadian Mounted Police (RCMP) toxic culture according to a new report released this week. 

    The report: Broken Dreams Broken Lives was written by former Supreme Court of Canada Justice Michel Bastarache, who had been engaged as an independent assessor to review the more than 3,000 claims of sexual harassment experienced by women who worked for the RCMP. He found that the experiences of these women in the RCMP were nothing short of devastating.

    In addition to those women who suffered from violent sexual assaults by their male RCMP colleagues, many women have been left with deep psychological injuries which range from major depressive disorder and post-traumatic stress disorder to substance dependence and even suicide. Bastarache emphasized that “it is impossible to fully convey the depth of the pain that the Assessors witnessed” and that “no amount of financial compensation can undo the harm” these women and their families experienced at the hands of the RCMP in all provinces and territories.

    RCMP CULTURE EATS POLICY

    The real tragedy is that none of this is news – not to the RCMP or the federal and provincial governments. All of them have known about this long-standing, widespread problem of racism, misogyny, homophobia and violence within the RCMP for many decades – through both internal and external reports and litigation.

    The RCMP are a male-dominated, para-military organization whose powerful, toxic culture has prevailed despite internal policy changes. They are impervious to change because “Culture eats Policy every time”. The RCMP are invested in the status quo and will not change.

    “Indeed, there are strong reasons to doubt that the RCMP has this capacity or the will to make the changes necessary to address the toxic aspects of its culture.”

    Canada Should Declassify, Deconstruct and Defund the RCMP

    SEXUALIZED VIOLENCE

    One of the most disturbing aspects of the Broken Dreams report is how male RCMP members and leaders saw women as “fresh meat” to be used and abused as they saw fit. Th

    The stories told to the Assessors “shocked them to their core”. In addition to “serious acts of penetrative sexual assaults”, male RCMP from all over Canada engaged in horrific acts of sexual harassment and abuse including:

    • unwelcome sexual touching,
    • men exposing their penises,
    • making degrading comments about women’s bodies,
    • humiliating name-calling,
    • spreading violent & obscene pornography forcing women to watch it;
    • being handcuffed to men’s toilets and locked in cells,
    • leaving dildos and used condoms on their desks;
    • being accused of selling sex;
    • outing their sexual orientation without their consent; and
    • stalking and bullying by male RCMP demanding sexual favours from women.

    National Action Plan to End Violence Against Indigenous Women and Girls

    RCMP TARGETED INDIGENOUS WOMEN

    The report details how the RCMP treated Indigenous women even more poorly than other women. 

    In addition to the humiliating and degrading behaviours experienced by other women in the RCMP, Indigenous women were also referred to as “squaw” and “smoked meat” and “were, at times, forced to watch RCMP members treat other Indigenous people brutally.”

    Their male RCMP colleagues took advantage of the fact that many of these Indigenous women were young and came from small or remote communities and were not accustomed to this type of toxic culture.

    “Indigenous women, particularly those who had been abused as children, were preyed upon by their male colleagues for sexual favours.”

    Those Who Take Us Away: Human Rights Watch

    FEW BAD APPLES MYTH BUSTED

    The RCMP has long relied on the “few bad apples” justification to protect their organization’s status quo which has resulted in so much pain and suffering by women in the RCMP.

    Despite the fact that RCMP members and leaders have long denied the systemic and cultural nature of their racism, misogyny and homophobia, this report found that sexual harassment in the RCMP exists “at every level of seniority and in every geographic area of Canada” and is “deeply embedded in its culture”. Even those members and leaders who are well-intentioned make choices to accept this culture and stay silent on the injustices.

    “The reality is, however, that even honourable members (and well-intentioned leaders) have been required to conform to (or at least accept) the underlying culture, which they have, for the most part, had to adopt in order to succeed in their career. Those who do not accept the culture are excluded.”

    Brenda Lucki Must Go: Maclean’s

    RCMP CANNOT BE FIXED FROM WITHIN

    This report makes it very clear that the RCMP cannot be fixed from within. They simply refuse to acknowledge that there are significant problems that are systemic and deeply rooted within their culture.

    Their toxic culture of racism, misogyny and homophobia is “powerful and presents an obstacle to change”. Furthermore, “Financial settlements of class-action lawsuits will not change this culture”. The Assessors found that the RCMP “are invested in the status quo and will not likely want to make the necessary changes to eradicate this toxic culture”.

    In fact, many of the women that had been interviewed felt that there was no chance for reform within the RCMP and some suggested it was time that it be replaced. This is what many Black and Indigenous peoples have been saying for decades and why the calls for the RCMP to be abolished have grown stronger in recent years.

    And finally, the report concluded that the RCMP are not able to either investigate or remediate these problems.

    “These men were often not held accountable for their actions. Indeed, the Assessors were told that one tactic used by the RCMP to resolve complaints of sexual harassment was to promote and transfer these men.”

    Inquiry Needed into Police Violence against Indigenous Peoples

    WHAT’S NEXT?

    It is clear from this report that the RCMP has neither the will nor the ability to address its toxic culture and its widespread sexualized violence within its ranks. 

    It must also be kept in mind that this is just one of many class actions against the RCMP. The RCMP’s toxic culture of racism, misogyny and homophobia, together with widespread sexualized violence, represents a major public safety issue for women generally, and especially for Indigenous, Black and marginalized women and girls.

    We need Canadians to call on Canada to:

    • Open the books at the RCMP so we can hold those who preyed on women to account;
    • Conduct an independent investigation into the RCMP’s similar actions towards Indigenous peoples; 
    • Make reparations to Indigenous peoples who have suffered from RCMP harassment, over-arrests, racism, brutality, sexualized violence and killings; and 
    • Dismantle the RCMP once and for all.

    Pamela Palmater: Educating the Resistance.

  • Transitional Justice Plan Urgently Needed to End Genocide in Canada

    Transitional Justice Plan Urgently Needed to End Genocide in Canada

    Pam Palmater, Shelagh Day and Sharon McIvor testifying before the Inter-American Commission on Human Rights in Washington, DC – fall 2019

    For decades, the families of murdered and missing Indigenous women and girls and their communities; together with Indigenous women leaders and experts and allied human rights organizations, advocated for government action to end the crisis. Many families had called for a national inquiry, which was supported by various international human rights treaty bodies. After a tumultuous start and numerous set-backs, the National Inquiry concluded its work and released its final report at a ceremony on June 3, 2019, before hundreds of Indigenous family members, leaders and advocates. They found Canada guilty of both historic and ongoing genocide.

    Throughout the National Inquiry’s proceedings, Minister of Indigenous Affairs Carolyn Bennett committed that Canada would not sit idly by while the inquiry proceeded. They committed to take action to end the violence, which was well documented in numerous reports. Yet, they failed to act. Since the release of the final report, very little, if any substantive action has been taken by PM Trudeau’s Liberal government to end genocide against Indigenous women and girls in Canada.

    The abuse, exploitation, violence, disappearances and murders of Indigenous women and girls continues unabated and represents the largest human rights crisis ever facing Canada. The National Inquiry confronted this reality head on when it concluded that Canada is guilty of genocide that is both race-based and one that has specifically targeted Indigenous women. They found that:

    While the Canadian genocide targets all Indigenous peoples, Indigenous women, girls and 2SLGBTQQIA people are particularly targeted.

    This finding was based on an independent legal analysis and the extensive evidence
    gathered during the inquiry. They further explained:

    Canada’s colonial history provides ample evidence of the existence of a genocidal policy – a manifest pattern of similar conduct which reflects an intention to destroy Indigenous peoples.

    What resulted from this finding was a media blitz of commentators engaging in debates as to whether the inquiry went too far; whether they were using the word to strategically to get attention; or whether anything other than the Holocaust could ever amount to genocide. Very few of those commentators had specifically worked in, were educated in, or conducted research on genocide; nor were most of them lawyers. Yet, these emotional or political reactions to the finding is what led the discussion versus the very pressing need for governments to take urgent action.

    Even the United Nations High Commissioner Michelle Bachelet expressed great concern and called on Canada to examine this finding. Similarly, Luis Almagro who heads the Organization of American States, expressed his concern that Canada was too slow to act on the national inquiry’s findings. Meanwhile, some commentators reacted by saying that the inquiry’s finding should be investigated. There is no utility in reinvestigating this finding. It is a legal finding based on fact and law. What was needed then and what is needed now is action to end the genocide.

    None of this should come as a shock to government officials, Indigenous leaders, scholars and activists have long been calling Canada’s historic and ongoing treatment of Indigenous peoples genocide. Some have also highlighted the fact that sexualized genocide towards Indigenous women and girls has been an integral part of Canada’s violent colonization of Indigenous lands. While not a specific focus of Truth and Reconciliation Commission (TRC) investigation into residential schools, their final report also concluded that Canada’s actions towards Indigenous peoples amounted to cultural, physical and biological genocide: “part of a coherent policy to eliminate Aboriginal people as distinct peoples and to assimilate them into the Canadian mainstream against their will.”

    The crime of genocide is a crime under international law that developed over time – even before the UN Convention on the Prevention and Punishment of the Crime of Genocide adopted in 1948. A state need only be guilty of one of the five ways to commit genocide against a racial group like Indigenous peoples, which include:

    (1) killing;

    (2) physical/mental harm;

    (3) conditions of life to bring about
    destruction;

    (4) preventing births; and

    (5) the forced transfer of children.

    Canada is guilty of all five.

    The National inquiry, without excluding the possibility that individuals could be held liable for genocide in Canada, and duly noting that acts and omissions of provinces within Canada, draws a conclusion on the responsibility of Canada as a state for genocide under international law.

    The inquiry also found that pre- and post-colonial settler governments have created, maintained and reinforced an infrastructure of violence towards Indigenous women and girls. This infrastructure of violence is a complex set of institutional laws, policies, practices, actions and omissions that treat Indigenous women as lesser human beings, who are sexualized, racialized and treated as disposable because of their sex and their race. This infrastructure remains firmly in place today manifesting in high rates of violence towards Indigenous women and girls.

    This genocide has been empowered by colonial structures, evidenced notably by the Indian Act, the Sixties scoop, residential schools and breaches of human and Indigenous rights, leading directly to the current increased rates of violence death and suicide in Indigenous populations.

    The National Inquiry considered the following as examples of genocide:

    • Deaths of Indigenous women and girls in police custody;
    • Failure to protect them from exploitation and trafficking;
    • Failure to protect them from known killers;
    • Taking their children and placing in foster care at high rates;
    • Physical, mental and sexual abuse in state institutions (residential schools, hospitals, prisons, etc);
    • Denial of Indian status and band membership;
    • Forced and/or coerced sterilizations; and
    • Purposeful chronic underfunding of essential
    • human services like food, water, health, housing.

    These modern day examples discussed in the inquiry’s report would be in addition to
    earlier pre-meditated killings:

    • small pox blankets,
    • scalping bounties,
    • mass murders of some native groups, like the Beothuk; and
    • starvation policies and ethnic cleansing on the prairies.

    When considering the testimonies of thousands of families, Indigenous women leaders, and advocates, as well as subject-matter experts, together with extensive legal, historical and social science research; the inquiry could come to no other conclusion but genocide.

    Canada has displayed a continuous policy with shifting expressed motives but an ultimately steady intention, to destroy Indigenous peoples physically biologically and as social units.

    All governments and state agencies are still active perpetrators and perpetuators of genocidal violence against Indigenous women and girls in Canada. Ending the genocide which is embedded in state institutions and society as a whole, will require immediate and urgent remedies that match the scope and character of these grave human rights violations – i.e. a comprehensive national action plan that is well-resourced and focusing on transitioning Canada out of genocide. That is no small feat. This will require external oversight but international human rights bodies or experts, with Indigenous women as core decision-makers.

    Organizations like the Inter-American Commission on Human Rights (IACHR) have access to experts in genocide – experts who have worked with other countries to transition out of genocide. It makes no sense to ask the perpetrator of genocide to be the one to design the plan and implement the plan to get out of genocide. Indigenous women and human rights experts must be the ones to lead this process, together with international genocide experts to design this plan. Canadian officials must then work directly with Indigenous women and their Indigenous governments to oversee a fully- resourced transitional justice plan that is national in scope, applies to all levels of government and related agencies, and focuses on:

    1. ending ongoing genocide;
    2. reparations for harms done; and
    3. the prevention of future genocide.

    This will require an Indigenous and human rights framework and gender-based analysis for all stages of the plan. While Canada promised the United Nations that it would come up with a national action plan by June 2020, few expect more than their standard action plan framework that tends to be overly general with no measurable outcomes. This is why several Indigenous women and human rights advocates attended the IACHR in the fall of 2019 to ask for international intervention and oversight. Canada’s response at the time was that they were too busy with the election. Then, they were too busy with holidays. June is several weeks away and in all likelihood, Indigenous women and girls will be left behind again.

    Genocide is the worst crime and human rights violation that can be committed against a people. But you wouldn’t know it by looking at Canada’s lack of action on the crisis. Pipelines get more money and attention than Indigenous women and girls.

    It’s truly time for more international intervention before thousands more lives are lost.

    Video of IACHR session

    https://www.youtube.com/watch?v=fkQ4G5iEnAI&list=PLDnK0xT7aXRAGR7DszneZTPkBn0YJHfxB&index=11&t=292s

    Here is my latest Youtube video talking about the need for a gendered covid-19 plan to take into account that Indigenous women and girls face not only the pandemic, but also ongoing genocide:

    https://www.youtube.com/watch?v=mM6OBq1fo10
  • Template Letter to Send to Federal Government re Prisoner Safety During Covid-19

    Template Letter to Send to Federal Government re Prisoner Safety During Covid-19

    Picture from United Nations 2020

    Dear social justice allies, Several weeks ago, I wrote an article for APTN News about the need for all levels of government to work with Indigenous governments and prison justice experts to develop a decarceration plan for Indigenous peoples to avoid a massive covid19 outbreak in prisons which would disproportionately impact Indigenous peoples.
    COVID-19 pandemic plan needed for Canada’s jails and prisons

    I then did a Youtube video providing more context on this issue and why a strategic, decarceration plan is needed for Indigenous peoples, especially Indigenous women who are the most over-represented prison population. Indigenous peoples are already in a  high risk category for covid19 health issues and prisons would only make the matter worse.
    https://www.youtube.com/watch?v=a3gx_skSDX8

    The Canadian Association for Elizabeth Fry Societies is also calling on governments to release some prisoners, including Indigenous women. pregnant women, and others.You can see their Open to Letter to Government here: https://www.caefs.ca/caefs-calls-for-release-of-prisoners-at-risk-due-to-covid-19/

    Many of you contacted me after seeing my video asking about a template letter they could use to Please see the below template letter that you can use and/or edit to your specific needs to send to the federal government regarding prisoner health and safety during the covid-19 pandemic.

    The below draft template letter was provided by Senator Kim Pate, who has been a life long prison justice advocate for women. She has long called on the government to find alternatives to prison for women, especially Indigenous women who are grossly over-represented in prisons and women with physical and mental health issues. She is advocating that prisons release all minimum security prisoners, elderly and ill prisoners, and Indigenous women.

    Many thanks for those of you who support prisoners at this time, especially the many thousands who have not even been convicted of their alleged crime.

    April , 2020
    The Right Honourable Justin Trudeau
    Prime Minister of Canada
    Office of the Prime Minister
    80 Wellington Street
    Ottawa, ON
    K1A 0A2

    Dear Prime Minister and Members of the Cabinet:

    Re: COVID-19 in Canadian Prisons

    We are gravely concerned that more people are going to die because current preventive measures for some Canadians are inadequate. We are particularly concerned about people living in poverty, people who are already isolated, homeless people, precariously housed and employed people, and prisoners.

    There are 40,000 Canadians in prisons and too many are at particular risk due to COVID-19. In federal prisons, more than 1 in 4 prisoners are over 50, more than 1 in 7 have a respiratory illness or hypertension. Many have mental health issues. Elderly, ill and low risk prisoners can and must be released immediately.

    Locking down prisoners and locking out visitors is wholly inadequate. Without significantly reducing the number of prisoners, prisons are already becoming incubated breeding grounds for COVID-19. Social distancing for prisoners is being achieved via lockdowns, conditions of solitary confinement.

    The responses to COVID-19 in prisons so far raises serious health and human rights concerns. Because social distancing is not possible in crowded jails, the response to positive or suspected cases of COVID-19 are institutional lockdowns. Inadequate cleansers are being distributed to prisoners who often share kitchen and bathroom facilities. It is not effective to distribute hygiene information to those with dementia, learning, language or intellectual disabilities, not to mention those with significant mental health issues.

    Staff in federal prisons are already testing positive in growing numbers and others are refusing to go to work where prisoners are diagnosed with COVID-19.

    Authorities should be releasing all minimum security, elderly and ill prisoners from federal prisons. As you know, such legislative provisions as sections 29, 81, 84, 116 and 121 of the Corrections and Conditional Release Act were specifically created to move people out of prisons to address health issues, for treatment, for other personal development, compassionate reasons, as well as for work. Sections 81 and 84 provide options which could be easily expanded to provide for the release of Indigenous and other prisoners.

    As the Parole Board of Canada has urged, temporary absence and work release options could be broadened, whether by legislative changes or broader interpretation of current policies and practices, to provide near immediate alleviation of current conditions. Some families and communities could immediately accommodate their loved ones. Community residential facilities and non-governmental organizations could be funded (at a fraction of the cost of incarceration), to provide additional community accommodation and support.

    Many communities need health clinics, testing centres and housing to alleviate current as well as pre-existing crises. Given the opportunity, construction companies and prisoners could volunteer to assist with the work needed to put this infrastructure in place.

    Recognizing these extraordinary times, the government could further support these goals through amendments to legislation and/or policy. One option could be a “presumptive” release on parole at one-sixth of a sentence for all first-time, non-schedule convictions, that could function similarly to current statutory releases, supervised by parole officers with the Parole Board of Canada setting any necessary conditions. Alternatively, currently available measures, such as section 116(6) of the CCRA which permits unescorted temporary absences for renewable periods of 60 days for “specific personal development” programs, could be made applicable to prisoners with vulnerable health issues. Existing measures for release could likewise be expanded to permit individuals to be released with other forms of distance monitoring, such as video reporting.

    The public safety risk of releasing minimum security prisoners, those who are ill and those who are elderly to receive treatment and contribute to their communities is negligible. The public health risks—for all Canadians—of keeping these individuals and correctional staff in overcrowded and under-prepared prisons and allowing the virus to spread further is significant, irresponsible and preventable.

    Provinces like Ontario and Nova Scotia have taken steps: allowing those who serve sentences only on the weekends to serve sentences at home. In the United States,[i] Europe,[ii] New Zealand[iii] and beyond, legal advocates are working to post bail and encourage release of prisoners. Canadian civil society organizations, medical and legal experts are echoing these calls. Canadians are calling for bold and effective measures. Protecting Canada from a healthcare crisis means protecting those most marginalized, including those in prisons and other institutions.

    [i] See e.g. Bill Quigley, Six points about Coronavirus and poverty in the US (Louisiana Weekly): http://www.louisianaweekly.com/six-points-about-coronavirus-and-poverty-in-the-us/ ; Lisa Backus, Advocates Urge Prisoner Releases Before Virus Strikes (CT News Junkie):

    https://www.ctnewsjunkie.com/archives/entry/20200316_advocates_urge_prisoner_releases_before_virus_strikes/?utm_source=CTNewsJunkie+Main+List+With+Publication+Groups&utm_campaign=2f91d903e6-MCP_COPY_01&utm_medium=email&utm_term=0_a493d2308d-2f91d903e6-95944325.

    [ii] Penal Reform International, Coronavirus: Healthcare and human rights of people in prison: https://www.penalreform.org/resource/coronavirus-healthcare-and-human-rights-of-people-in/.

    [iii] Penal Reform International, Coronavirus: Healthcare and human rights of people in prison: https://www.penalreform.org/resource/coronavirus-healthcare-and-human-rights-of-people-in/.

    Senator Kim Pate’s office also provided the following information to help families advocating on behalf of their loved ones in prison. Here is her note:

    In order to assist in the release of your loved one/family/community member, you may wish to write to their parole officer, as well as the Warden of the prison where they are currently incarcerated. You might also want to write or copy Anne Kelly, Commissioner of the Correctional Service of Canada, Jennifer Oades, Chair of the Parole Board of Canada, Bill Blair, Minister of Public Safety and Security, David Lametti, Minister of Justice, the Prime Minister, the leaders of the other federal political parties, as well as MPs and Senators.

    In your letter requesting release on compassionate grounds, or for personal development, or perhaps a work release program in order to care for family members, or a section 81 0r 84 release, you will want to identify why you think they can be released safely in to the community at this time, as well as the types of supports available to them. If you need some resources to assist with community infrastructure, you can encourage the community to apply directly to the Minister of Public Safety.

    Email addresses for some of the individuals listed above are:

    Many are copying our office on their correspondence so that the recipients are aware that we are monitoring developments in the matter.

    Additionally, please see below the link to an article by former Minister of Health, Dr. Jane Philpott and Senator Pate published recently in Policy Options regarding releasing prisoners in light of the COVID-19 pandemic, which may be of interest:

    https://policyoptions.irpp.org/magazines/march-2020/time-running-out-to-protect-prisoners-and-prison-staff-from-calami

    Thank you once again for writing and take good care.

    Senator Kim Pate’s Office:

    https://sencanada.ca/en/senators/pate-kim/

  • A Modern Treaty to Save Our Peoples and The Planet

    A Modern Treaty to Save Our Peoples and The Planet

    Left to Right: Stephen Lewis, Pam Palmater, David Suzuki, photo by Ian Mauro Climate Tour 2019

    This blog is an excerpt of the speech that I gave at the Climate Tour with David Suzuki and Stephen Lewis, on October 4, 2019 in Winnipeg, Manitoba at the University of Winnipeg on Treaty 1 territory. (Check against delivery).

    Kwe n’in telusi Pam Palmater. It is an honour to be here on Indigenous territory covered by Treaty one. Thanks to the elder for opening & to UofW for hosting us. Oct.4th important day to remember lives lost due to murdered and missing Indigenous women and girls.

    We have a hard truth to face. We are in the middle of two major crises: Canada is killing our people and the planet and we are here to stop it!

    The first crisis is that the National Inquiry into Murdered and Missing Indigenous Women and Girls found that Canada has and continues to commit genocide against Indigenous peoples – specifically targeting Indigenous Women and Girls.

    The second crisis is that Indigenous science and western science have both confirmed that we are headed for a massive climate disaster.

    To say that we are in a crisis of epic proportions would be an understatement. We need to act now to end the genocide of Indigenous peoples & stop the ecocide of the earth. Because we know that the pain of Indigenous peoples is the same pain felt by the planet. And the pain of this planet is felt first and foremost by Indigenous peoples.

    Settler governments in Canada, the United States, Australia, New Zealand and all over the world have colonized Indigenous territories with horrific acts of violence to peoples and the earth. The colonizing mentality pervades our governing systems and allows governments and corporations to treat people and the planet as resources to exploit – as though they were lifeless commodities. Extractive economies – now largely benefiting transnational corporations – have been authorized by governments land leave destruction in their wake.

    We’ve seen tears from Indigenous mothers whose daughters have been murdered by the thousands. We’ve also seen the heartbreak of killer whale mothers mourning the losses of their offspring who can’t survive in an oil tanker dominated eco-systems.

    And if we, as First Nations and Canadians, don’t act quickly – many more people, plants and animals will die. We no longer have the time to debate politics – the crisis in Canada is now a matter of life and death for all of us. It won’t be good enough in 50 years to look back and say we tried, we had the best intentions, or we gave it our best effort. We either do or die. And right now, Indigenous peoples are dying. Our planet is dying. But you all know this. We can no more deny the ecocide of climate change, than we can deny genocide of Indigenous peoples. The statistics, the research and the scientific evidence before our eyes is too overwhelming. Climate change is greatest threat to all life on earth – humans, plants and animals.

    Who bears the disproportionate burden of environmental destruction, water contamination and more pipelines? Indigenous peoples do. That is because genocide and ecocide go hand in hand. This earth has suffered a great assault, in part because of massive human rights violations to its caretakers – Indigenous peoples. Similarly, Indigenous peoples have suffered a great genocide in part because of the violence committed against our lands, waters, and ecosystems on which we depend.

    Our society’s economy has been constructed in a way which exploits ands abuses Indigenous women and the land with relative impunity. Well now, we all stand to pay the price of the impending climate disaster and corresponding the human disaster that will follow – all while large corporations reap the benefits.

    In the end – we will all suffer – if there is no drinkable water, farmable land or pollinators.

    What we need is a new treaty – a modern treaty that binds us all together – the people and the planet. A treaty that commits us to work together for the benefit of all Nations of peoples and living beings without discrimination, racism, sexism genocide or ecocide. A treaty that commits all people to heal our divisions so we can commit to protecting our collective futures.

    We must remember that our collective futures includes the plants, animals, birds ,fish, and insect Nations. They too have as much right to live on this planet as we do and if we have any hope of surviving, we’ll need every bee hive, every coral reef and every killer whale pod to maintain our precious eco-systems.

    This modern treaty can be a reality.

    It doesn’t matter what we call it, whose idea it was, where it originated or whether we agree on all aspects of it. This new treaty is about combining social justice and earth justice together to pave the way to a better future for all. The dual crises facing us requires that we do everything in our collective power to save our planet.

    This will require a societal revolution that goes beyond superficial changes and the glacial pace at which governments operate. It will require that we change everything and that will mean we need to get uncomfortable.

    We don’t need everyone for a revolution to save the planet. We don’t have time to wait around until the genocide and climate change deniers are convinced. If we wait, it will be too late for us all.

    Every single right we have ever gained – human rights, environmental protections or native rights – have been advanced by small numbers of people – sometimes only individuals pushing forward despite the odds. We can do this with all of you in this room. But we cant wait for all of you. We will forge ahead because we have to – its the only way to give Indigenous peoples and this planet a fighting chance.

    Other people will join when they see our successes. There will always be genocide deniers & climate change deniers, but we have an obligation to forge ahead anyway. If the lands are toxic from tar sands, and the water polluted from mining, none of our children will survive – whether they are Canadian or Indigenous. That’s why we need to work together.

    Together, we not only have the power to stop these abuses, but we can return Canada to its original treaty vision. Every single one of you has the power to stand up for what is right and save not only yourselves, but all those who can’t advocate on their own – for all of those whose voices that are not counted – the bees, the whales, the trees and the tiniest insects.

    None of you can do it alone and we don’t expect you to – the original treaty vision for Canada was premised on us working together to benefit from and protect the lands and waters which sustain us. Our advantage and our strength is in our collectives.

    Canada wouldn’t even exist without the treaty agreements between sovereign Indigenous Nations and the Crown. This original treaty vision was meant to protect the ecosystem on Turtle Island for as long as long as the grass grows, the rivers flow and sun shines.

    We are faced with two global crises – genocide and ecocide.

    We must use the spirit and intent of our original treaties to forge a new future Canadians – get out and vote in your system – use your numbers, your wealth, your influence and your privilege to force the change. But don’t stop there – the pressure must continue in full force post election in all forums – in Parliamentary and Senate Committees, in where you spend you money (or don’t), in the media, in the boardroom, in your advocacy and at the United Nations.

    Indigenous peoples will always be there on front lines, but we cant do it alone – we need you and you need us. Our very lives depend on it.

    We can protect the lands and waters and we can save lives. I believe in the power of the people to rise up and be the government of the people, by the people, for the people as it was intended. This generation was meant to lead our Nations back to balance. We were meant to protect this territory for our future generations. I believe in the power of our peoples to unite under a new treaty.

    Let’s end genocide against Indigenous peoples and ecocide against our planet.

    Lets work together for the radical changes we need to save our people and the planet.

    Wel’al’iog.

  • Check your White Male Privilege Andrew Scheer

    Check your White Male Privilege Andrew Scheer

    Still image from video of RCMP aiming gun at Wet’suwet’en people from Gidimten Camp Facebook.

    Today, Conservative leader Andrew Scheer made the shocking statement that protestors and activists need to “check their privilege” and let people whose jobs depend on the railway systems get to work. In this case, it is Scheer who needs to check his own privilege. His comments appear to be racially motivated as the people occupying the rails in Ontario are very obviously Indigenous peoples. Scheer’s comments reflect worn out stereotypes about Indigenous peoples that are not worth repeating, but are not based on facts. These kinds of comments serve only to promote societal division and manufacture hatred towards a specific group – Indigenous peoples. Scheer’s white male privilege as a top 1% income earner (according to Statistics Canada) stand in stark contrast to the staggering socio-economic conditions of the majority of First Nations peoples in Canada. First Nations have the highest rates of poverty in the country, the lowest health indicators and the highest rates of suicide in the world. Far from “privilege”, their under-privilege is a direct result of the violent colonization of their territories and the continued oppression of their peoples. 

    In 2019, the National Inquiry into Murdered and Missing Indigenous Women and Girls found, as a matter of fact and law, that Canada is guilty of both historic and ongoing genocide. Both the Organization of American States and the United Nations expressed deep concern about this finding and officials have offered to assist Canada address this. So, far there has been no urgent action to address ongoing acts of genocide against Indigenous peoples. The rates of Indigenous over-incarceration continue to sky-rocket with Indigenous women (less than 2.5% of the population) making of 42% of those in federal prisons. Why? Aside from noting many areas of discrimination within the justice system, the Office of the Correctional Investigator expressed concern that federal corrections seems “impervious to change”.

    Indigenous children represent half of all children in foster care, which even federal ministers called a “humanitarian crisis” – yet numbers continue to rise. The numbers of abused, exploited, disappeared and murdered Indigenous women also continue to rise, despite a National Inquiry drawing national attention to the crisis. Indigenous women and girls are the primary targets of human traffickers who are able to exploit them with relative impunity. It should come as no surprise to anyone at this point that some First Nations in Canada have the highest suicide rates in the world, even higher than post-conflict countries. Indigenous peoples make up 40-80% of homeless peoples in Canada depending on the region and we all know about the lack of access to clean drinking water that has plagued some First Nations for decades.

    The United Nations has called on Canada many times to address its grave human rights violations against Indigenous peoples to no avail. The Inter-American Commission on Human Rights has made similar recommendations to Canada to end the human rights violations. The former United Nations Special Rapporteur on the Rights of Indigenous peoples James Anaya, wrote in his report on Canada that the relationship with Indigenous peoples was getting worse over time and that “It is difficult to reconcile Canada’s well-developed legal framework and general prosperity with the human rights problems faced by Indigenous peoples”. He went on to report that “The most jarring manifestation of those human rights problems is the distressing socioeconomic conditions of Indigenous peoples in a highly developed country.”  Canada is wealthy because it stole the lands and resources of Indigenous peoples, carried out violent acts of genocide to reduce Indigenous populations and then constructed a complex set of laws, policies, practices, actions and omissions to oppress Indigenous peoples and clear the lands for settlement and extraction.

    These actions of solidarity across the country are about more than pipelines – they are about the continued genocide of Indigenous peoples and the failure of Canada to abide by the rule of law in respecting their land rights and their right to say no to development. These solidarity actions with the Wet’suwet’en Nation are about bringing attention to the ways in which Canada criminalizes Indigenous peoples for peacefully living, asserting and defending our sovereignty over our lands. While politicians make flowery speeches about reconciliation and respecting our rights, when it comes to wanting our lands for development or extraction, they will send in heavily armed RCMP or military to take what they want. That is what these actions are about – the failure of federal and provincial governments to abide by the rule of law – all the laws in Canada, not just the ones that suit their political or economic needs. 

    Scheer’s ill-informed comments serve only to cause confusion and apprehension in the public, instead of offering thoughtful solutions that would bring everyone together. His words are shameful and thankfully, don’t represent those of most Canadians. Canadians continue to be our strongest allies in seeking justice for our peoples as lawyers, teachers, academics, social workers, labourers, unions and Canadians from all backgrounds continue to stand with Indigenous peoples at solidarity actions all over Canada. That’s what the treaty relationship is all about. We need to work together to find a way to harmonize all laws in Canada – Indigenous, Canadian and international laws – and restore social justice for all peoples. We must urgently end genocide against Indigenous peoples which includes the ongoing theft of our lands and resources. It also means telling the RCMP to stand down. 

    Reconciliation doesn’t manifest at the end of a sniper rifle.

  • RCMP Invasion of Wet’suwet’en Nation territory breaches Canada’s “rule of law”

    RCMP invades Wet’suwet’en territory. Photo by Amber Bracken; Jan. 7, 2019

    While Prime Minister Justin Trudeau makes flowery public speeches about respecting the rights of Indigenous peoples and reassures the international community that there is no relationship more important that the one with Indigenous peoples, Canada invaded sovereign Wet’suwet’en Nation territory. When questioned about this aggressive move at a Liberal fundraiser in Kamloops, British Columbia, he responded: “No, obviously, it’s not an ideal situation… But at the same time, we’re also a country of the rule of law.” Canada’s invasion of Wet’suwet’en territory through its national police force, the Royal Canadian Mounted Police (RCMP), is an example of the blatant violation of the rule of law in favour of corporate interests. Canada has consistently failed to follow the rule of law when it comes to Indigenous peoples, and the violent arrests of the Wet’suwet’en people at the Gidimt’en checkpoint, set up in support of the Unist’ot’en homestead, is a glaring example of Canada’s lawlessness.

    The people of Wet’suwet’en Nation, as represented by their traditional government, have long asserted their sovereign jurisdiction over their Nation’s lands which span about 22,000 square kilometres in northwest British Columbia. These lands have never been ceded, nor have their rights to use, manage, protect or govern these lands been extinguished in any way. The Nation has never signed any treaty or constitutional agreement that has specifically surrendered their sovereignty as a Nation. While there have been many federal and provincial laws that have interfered with First Nation laws in general, there has never been an explicit extinguishment of Wet’suwet’en laws and jurisdiction over their Nation’s sovereign territory. Their land rights are not only recognized in Canada’s Constitution Act, 1982, but they are also protected in numerous international treaties and declarations, like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In other words, there was no legal basis for Canada to invade their territory.

    The Wet’suwet’en Nation is a governing Nation that has existed since time immemorial. They are made up of five clans: Gil_seyhu (Big Frog), Laksilyu (Small Frog), Gitdumden (Wolf/Bear), Laksamshu (Fireweed), and Tsayu (Beaver). The Wet’suwet’en are organized through a system of hereditary leaders and have a complex system of governance. While Canada did force the chief and council system on First Nations through the Indian Act, it was not successful in extinguishing or displacing the Nation’s traditional government. This is evidenced in the fact that when the Wet’suwet’en Nation decided to assert their land rights in Canada’s courts, they did so as a Nation, through their traditional government as represented by their hereditary leaders.

    In Delgamuuwk v. British Columbia (1997), the Wet’suwet’en, together with the Gitksan, asserted title to their lands. While the issue was ordered back to trial, the Supreme Court of Canada (SCC) made significant findings about the nature of Aboriginal title being a right to the land itself. The SCC found that the land is held communally, by all members of the Aboriginal Nation for their “exclusive use and occupation,” and that this right to land was protected in “pre-existing systems of aboriginal law” and Canada’s common law, even before the protection of Aboriginal rights in section 35 of the 1982 Constitution Act. No laws have since extinguished Wet’suwet’en rights with regards to their territory. Also significant is the fact that according to SCC jurisprudence, Aboriginal title contains an inherent limitation, in that title lands can’t be used in a way that is “irreconcilable” with the nature of the Nation’s attachment to those lands. The SCC explained it this way: “Implicit in the protection of historic patterns of occupation is a recognition of the importance of continuity of the relationship of an aboriginal community to its land over time.”

    What can we take from this case? Well, according to Canadian law, we know that it is the “Aboriginal Nation,” in this instance the Wet’suwet’en Nation, that has the legal ownership of their traditional territories, not an individual band. So it matters little that some of the bands may have signed an agreement with the pipeline company, especially if they did so in relation to territory off the reserve and without the free, prior and informed consent of the people. We also know that the lands are not held by individuals, but by the whole Nation. Thus any decisions in relation to those lands rest with the Nation. We also know that the purpose of section 35 is to protect the many ways in which Aboriginal Nations enjoy their title lands and these Nations can’t use them in ways which are inconsistent with those uses. The SCC specifically stated that if Aboriginal title lands are used as hunting grounds, then the land can’t be used in a way that destroys its value – as in strip mining.

    In the present case, not only were the Wet’suwet’en people using and occupying their lands, they were also protecting their lands from destruction by the Coastal GasLink pipeline slated to go through their territory. If Aboriginal Nations can’t risk destroying their title lands for extractive projects, certainly corporations should not be permitted to do so. It’s also clear that despite the media reports, this was never about a protest. This was always about occupying and protecting their lands – something they have the legal right to do. This is where the so-called “rule of law” comes into play. The rule of law is touted by Canada every time it actually wants to break the law; according to the United Security Council, rule of law means:

    All persons, institutions and entities, public and private … are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.

    It becomes very clear then, that Canada has a long history of breaching the rule of law when it comes to First Nations. In the Wet’suwet’en case, Canada has prioritized the extraction interests of a corporation over the constitutionally protected rights of a sovereign Aboriginal Nation. This is a clear violation of the law. The Wet’suwet’en right to occupy and protect their territory is an internationally recognized human rights norm, now reflected in UNDRIP. Article 8 provides the right of Indigenous peoples not to be subjected to the destruction of their culture – something that would naturally come from destruction of their lands and waters with a pipeline.

    Article 10 provides that Indigenous peoples will not be forcibly removed from their lands or territories – as was done by the RCMP who arrested and removed Wet’suwet’en people from their own lands. Articles 25 and 26 specifically protect the rights of Indigenous peoples to own, use and control their traditional lands, waters, coastal seas and resources and further protects their rights to “uphold their responsibilities to their future generations in this regard.”

    Not only has Canada committed to implement UNDRIP into law, it is legally bound by many other international human rights treaties that it has ratified. While UNDRIP may not yet be law in Canada, it represents the minimum international legal norms for recognizing the core human rights of Indigenous peoples – something that Canada’s rule of law requires. Canada has also issued a directive on how it should engage with Indigenous peoples on litigation relating to their rights, which Canada claims is based on reconciliation with Indigenous peoples and respect for their legal rights. Former Minister of Justice Jody Wilson-Raybould made the bold claim that although she was just releasing this directive in January 2019, Canada has been using these rules for the last two years. It is important to note that this directive states that: “Aboriginal rights do not require a court declaration or an agreement in order to be recognized.” This is something the SCC has confirmed many times in its jurisprudence on the duty to consult, accommodate and get consent.

    Yet, we know that Canada has not only failed to abide by its own litigation directive, but it has blatantly violated Wet’suwet’en laws, Canadian laws, international laws and its own purported commitment to the rule of law.

    When Canada sent the RCMP into sovereign Wet’suwet’en Nation territory to destroy their check points and violently arrest and remove Wet’suwet’en people from their own lands, it became lawless – an outlaw state. It also violated its own litigation directive when the RCMP issued a statement saying that since there has been no court case declaring Aboriginal title, the RCMP were justified in their actions. In denying the Wet’suwet’en their constitutionally protected legal right to enjoy their title lands, Canada has prioritized the private, economic interests of a corporation – Coastal GasLink Pipeline – over the rule of law. As explained by the Wet’suwet’en:

    The Unist’ot’en homestead is not a protest or demonstration. Our clan is occupying and using our traditional territory as it has for centuries…. Our homestead is a peaceful expression of our connection to our territory. It is also an example of the continuous use and occupation of our territory by our clan.

    In this case, the laws of Canada were neither equally enforced, nor compliant with international human rights standards. Canada is not a country that follows the rule of law. Canada makes and breaks laws to suit its own economic and political interests, which run counter to those of Indigenous peoples. It is time to be honest about it, and call out Canada as an outlaw, and take action to support the Wet’suwet’en Nation, who have occupied their lands since time immemorial.

    This article was originally published in Canadian Dimension Magazine on April 24, 2019:

    https://canadiandimension.com/articles/view/rcmp-invasion-of-wetsuweten-nation-territory-breaches-canadas-rule-of-law

  • Overincarceration of Indigenous peoples nothing short of genocide

    Overincarceration of Indigenous peoples nothing short of genocide

                                                                                        (Public domain image)

    Canada’s colonial objectives have always been to clear the lands for settlement and development by whatever means necessary.

    After signing peace treaties in the 1700s, clearing the lands meant laws offering bounties on the heads of Mi’kmaw men, women and children. In the 1800s, clearing the lands meant ethnic cleansing on the Prairies – laws, policies and practices that confined native peoples to reserves

    and gave them insufficient rations to survive. In the 1900s, clearing the lands meant the theft of thousands of native children to be forced into residential schools where thousands died from abuse, torture and starvation. In the 2000s clearing the lands means the mass incarceration of Indigenous peoples in prisons paving the way for the extractive industry.

    The overincarceration of Indigenous peoples in federal, provincial and territorial prisons in Canada today is nothing short of genocide.

    On Jan. 21, 2020, Dr. Ivan Zinger, who heads the Office of the Correctional Investigator, issued an urgent statement about the rates of Indigenous peoples in federal prisons being at historic highs. While Indigenous peoples only make up five per cent of the Canadian population, they represent more than 30 per cent of those in federal prisons. Those statistics are even worse for Indigenous women who now make up 42 per cent of the prison population. A Statistics Canada report released in 2018 shows that almost half of all youth in corrections are Indigenous as well. This is all happening at a time when incarceration rates for the rest of Canada continue to decline. Why is this happening? Zinger states that federal corrections is “impervious to change” – a well-founded conclusion given the decades of commissions, inquiries and reports highlighting both racism in the justice system and the devastating impact it has on Indigenous peoples.

    In 1989, Chief Justice Thomas Hickman issued the final report of the Royal Commission on the Donald Marshall, Jr., Prosecution (Marshall Inquiry). Donald Marshall was a Mi’kmaw man from Nova Scotia who had been wrongly targeted by police and convicted of murder, spending 11 years in prison. The Marshall Inquiry found that the criminal justice system had failed Marshall “at virtually every turn” due “to the fact that Donald Marshall Jr., is a Native.” The report provided numerous recommendations to ensure more equitable treatment of native peoples in the future.

    A decade later, the Aboriginal Justice Inquiry of Manitoba released its report in relation to the

    murder of Helen Betty Osborne whose assailants had not been brought to justice; and John Joseph Harper, an unarmed native politician shot dead by Winnipeg police. Murray Sinclair, co-commissioner for the justice inquiry and chair of the Truth and Reconciliation Commission, made similar findings to the Marshall Inquiry: “[t]he justice system has failed Manitoba’s Aboriginal people on a massive scale.” His report also made numerous recommendations in relation to addressing racism and discrimination against Indigenous peoples in the justice system and beyond.

    In 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform found that racism was a major issue in police forces in their dealings with native peoples. This came on the heels of the Commission of Inquiry into Matters Relating to the Death of Neil Stonechild, also in 2004. This was an inquiry that investigated “Starlight Tours,” the arbitrary detention of native peoples by police who are driven out of town to freeze to death at night. Both reports offered recommendations, but like the other reports, most were largely ignored.

    In 2007 came the Ipperwash Inquiry in Ontario and most recently, in 2019 came the Final Report of the National Inquiry into Murdered and Missing Indigenous Women and Girls, which found Canada guilty of both historic and ongoing genocide. Racism in the justice system is a common theme in all of these reports and the Office of the Correctional Investigator has been raising the alarm for the overincarceration of Indigenous people for two decades.

    The statistics clearly show a steady rise in Indigenous incarceration from 17.5 per cent in 2000 to 30 per cent in 2020. But these represent the national statistics and, like rates of murdered and missing Indigenous women and girls, and Indigenous children in foster care, the provincial rates can be double the national rates.

    In Manitoba, more than 80 per cent of prisoners are Indigenous — the same province where 50 per cent of all women murdered and missing are Indigenous and 90 per cent of all children in foster care are Indigenous. In Saskatchewan, 76 per cent of prisoners were Indigenous, the same province which has more than 55 per cent of women murdered and missing as Indigenous and 85 per cent of children in foster care are Indigenous. We also know that more than two-thirds of Indigenous prisoners have been impacted by the foster care system. This is exactly the kind of colonial legacy that the Supreme Court of Canada in R. v. Gladue [1999] 1 S.C.R. 688 and R. v. Ipeelee 2012 SCC 13 cases meant to address when they instructed judges to find alternatives to prison for Indigenous peoples. Is no one listening?

    From the evidence, it is clear we have a direct pipeline from foster care to prison that seems to clear the way for pipelines on native territories. What the statistics don’t show is the history of thenRCMP and other police forces as an integral part of colonial settlement and development policies that have created this current crisis.

    From the RCMP’s Project Sitka to its massive military-style operation on Wet’suwet’en territory right now, native lands continue to be cleared by Canada’s laws, policies, practices, actions and omissions. The overincarceration rates will continue to increase unless we address these genocidal policies once and for all.

    While I agree with Zinger’s call for “bold and urgent action,” cultural programming and Indigenizing the prison will not get us there. We must confront racism against Indigenous peoples head on and prevent incarceration in the first place. This means addressing racism in federal and provincial laws and policies, as well as rampant racism in policing. In the meantime, we must begin the urgent process of decarceration for Indigenous women and children; Indigenous peoples with mental health issues; and Indigenous men languishing in prisons for little more than navigating poverty.

    This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc on January 30, 2020. https://www.thelawyersdaily.ca/articles/17658