Tag: Indigenous

  • Justice for Our Stolen Children Camp – Thank you for Standing Up for our Children

    The violent deaths of Colten Boushie in Saskatchewan and Tina Fontaine in Manitoba hit their families, communities and First Nations pretty hard. These were youths who had their whole lives ahead of them. The fact that deep-seated institutional and societal racism and violence against Indigenous peoples is what led to their deaths is a glaring injustice that we have seen happen many times over to our people. But the other glaring injustice is how institutional and societal racism and violence allows the killers of our people to walk free. The high level of impunity for lethal race-based violence against Indigenous peoples serves only to reinforce the racist idea that Indigenous lives don’t matter. Without intervention from federal, provincial and municipal governments, agencies and police forces, our people will continue to be at risk.

    Canada’s failure to act on this crisis means that First Nations must continue to take action to stand against these injustices which are killing our people. At a time when our hearts were collectively breaking over the non-guilty verdicts in the Gerald Stanley murder trial of Colten Boushie and the Raymond Cormier murder trial of Tina Fontaine, First Nation members from Saskatchewan got together and created the Justice for Our Stolen Children Camp. On February 28, 2018, they raised a traditional teepee and lit a sacred fire in Treaty 4 territory at Wascana Park, just across from the Saskatchewan Legislative building. These grassroots community members used their most powerful tool to bring attention to this crisis – their voices and their traditions.

    But the teepee and the sacred fire not only attracted media attention for our issues, but it also turned into something special. This camp became a gathering place for those who had lost children to violence, foster care and the justice system. Mothers, fathers, aunties and cousins with broken hearts came to the camp to share their stories, release their emotions and start their healing journeys. Far from creating any safety risk to the public, this camp offered hope, comfort, solidarity, a sense of collectiveness and empowerment. The longer the camp remained at Wascana Park, the more the media took notice and started to highlight the many injustices faced by First Nations. The core message from the camp was that we need justice specifically for Indigenous youth in the wake of the Stanley and Cormier not guilty verdicts; and justice for the many Indigenous children stolen from our communities by child welfare agencies, the justice system and societal violence.

    For many months, it may have appeared to outsiders looking in, that they were alone and that their camp would eventually fade from attention. They occupied the area peacefully for four months, supported by donations from First Nations and allies. It wasn’t until the Province of Saskatchewan thought the camp would interfere with its planned location for its Canada Day beer gardens that they took legal action. On June 5, the camp was issued and eviction order and ten days later, the Regina Police Service began their eviction procedures by removing the tents. On June 17 the teepee was taken down and on June 18 six of the campers were arrested and removed from the area, though charges were never laid. Many of us watched with anger as the province carried out this heavy-handed action, trampling over the wounded hearts of those who have found some temporary peace at the camp – all for the sake of beer gardens.

    But if there is one lesson from our elders that we have to remember, is that we can never give up hope. Our ancestors died protecting the rights of future generations not yet born. We inherited the obligation to face each barrier put in front of us by colonial powers, with the same commitment to overcoming it, as our ancestors had. So, on June 21 National Indigenous Peoples Day, when we saw videos of the campers returning to Wascana Park, re-erecting the teepee and joining together in a round dance, our collective hearts were lifted again – this time with a renewed sense of resistance and empowerment. On June 23rd, a second teepee was erected and others joined in solidarity after that until there were many teepees side by side. People made donations of cash, food and water to support the campers and the healing continued. We owe so much to the spirit and determination of those who have stayed at the camp for long. Their commitment is why we are still talking about justice for our stolen children.

    There is a real and growing crisis in Saskatchewan that demands an emergency, crisis-level joint response by federal, provincial and First Nation governments, experts and advocates. It doesn’t matter what the federal or provincial governments say they have done, what programs they have funded, or who they talk to at various discussion tables – what matters is that what they have done to date has not worked and the crisis continues to get worse. Therefore, a radical shift from the status quo is required to save the lives of our children. They don’t have a whole childhood to wait for the slow, drawn-out process of policy change. Our children are dying and the statistics present a dire picture for their life-chances if we don’t change this now.

    Child Welfare

    In Canada, Indigenous peoples make up 5% of the population and Indigenous youth make up 7% of the youth population. Nationally, Indigenous children make up 48% of all children in foster care – a number that is 3 times higher than during the height of residential schools. However, in Saskatchewan, an alarming more than 70% of children in provincial care are Indigenous and the numbers continue to increase. We know that less than half of those children will graduate from highschool and more likely to end up in youth corrections. The statistics also show that that Indigenous girls in foster care are 4 times more likely to be sexually abused; more likely to be targeted for human sex trafficking and are over-represented in murdered and missing Indigenous girls. The theft of our children into foster care does not just impact the children. Indigenous mothers who lose their children to foster care are more likely to die from heart disease and suicide.

    Justice System – Prison

    Canada has had the lowest crime rate since 1969 with a reduction of 34% since 1998. Yet Indigenous people make up more than 26% of those in federal prisons and Indigenous women make up 34%. Saskatchewan’s numbers are frightening. Over 76% of admissions to Saskatchewan prisons are Indigenous – the highest rates in Canada. Nationally, 41% of youth in corrections are Indigenous, with 51% being Indigenous girls. In Saskatchewan youth corrections, 92% are Indigenous boys and 98% are Indigenous girls. They have the highest youth incarceration rates in the entire country. More than 1/5 of Indigenous prisoners were in residential schools and 2/3 were in the child welfare system. It is important to remember that Indigenous peoples represent 1/3 of all suicides in prison and more than half of those who suffer in solitary confinement/segregation.

    Violence – State & Societal

    In 1996, the report of the Royal Commission on Aboriginal Peoples noted that racism is rampant from police forces to the courts. Saskatchewan policing in particular has a long, violent history of racism against Indigenous peoples. In 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform found that racism in policing was a “major obstacle” in relations with First Nations. The well-known police practice of “Starlight Tours” where police detain and drive Indigenous men to the outskirts of town where they freeze to death doesn’t seem to have ended with the Neil Stonechild inquiry. Indigenous women are often targeted with sexualized violence – including from police. The Human Rights Watch report from 2017 documented instances of excessive use of force, abusive strip searches and other sexual harassment against Indigenous women. The statistics also show that Saskatchewan has the highest rate of police involved deaths (beatings, chokings, shootings) of Indigenous peoples (62.5%).

    The RCMP report into murdered and missing Indigenous women and girls showed that nationally Indigenous women and girls make up 16% of those murdered, but in Saskatchewan, that number jumps to 55%. Societal violence comes from the places most people do not suspect: priests, farmers, police, corrections, doctors, lawyers, judges, social workers, teachers, and foster parents. Very few of those who sexually violate or murder Indigenous women and girls are serial killers. The statistics also show they are less likely to be murdered by their spouse than Canadian women. The high level of impunity (non-conviction) for those perpetrators in society who continue to commit violence against Indigenous peoples is exacerbated by the many reports that document how police fail to protect Indigenous peoples or properly investigate their cases.

    We have a real crisis in Saskatchewan. What has been done isn’t working. We need a new approach – one that is led by First Nations and their experts and advocates. We owe a huge debt of gratitude to the campers at the Justice for Our Stolen Children Camp who have sacrificed their time and energy, and risked police arrest and jail, to keep the light on this crisis. We don’t want to lose any more of our children and we want to bring the rest of our children who are in foster care, corrections, trapped by human traffickers, or missing – back home. Bring our children home.

    In memory of all those precious lives those and sadly, too many to name:

    Neil Stonechild, Leo Lachance, William Kakakaway, Leonard Paul John, Colten Boushie

    Nadine Machiskinic, Shelley Napope, Melanie Dawn Geddes, Amber Redman, Danita Bigeagle

    Haven Dubois, Brandon-Bee Ironchild, Evander Lee Daniels

    Please see my YouTube video that I have created in support of the Justice for Our Stolen Children Camp:

    https://www.youtube.com/watch?v=2mYjduyt4Jw

  • Maxime Bernier’s “Extreme Multiculturalism” Twitter Rants Sound More Like Sour Grapes

    Last week, Conservative Member of Parliament, Maxime Bernier posted a series of tweets on Twitter espousing his opposition to “extreme multiculturalism” and the “cult of diversity” in Canada. According to Bernier, diversity will “destroy” the cultural identity of Canada and worse, will result in “cultural balkanization” that leads to social conflict and even “violence”. These tweets were not the usual fair commentary offered by elected officials on matters of public policy. No – there was something a bit more frantic, even desperate about these tweets. These tweets sounded like the rantings of a wayward politician who, having failed in all of his political endeavours to date, couldn’t think of any other way to get attention but to ride the populist white supremacy wave.

    A combination of deep-seated racism and white superiority, together with Trump-like fear-mongering seems to be the current populist recipe for manufacturing hate and division for the purpose of political gain. It also seems to reward the instigators with gratuitous attention on social media.

    If we are to understand Bernier’s Sunday night tweet rant better, we have to understand that Bernier is a failed politician. He was a separatist from Quebec who voted in the 1995 referendum for Quebec to separate from Canada, but that vote and his efforts, failed. He was later successful in being elected a Conservative MP from Beauce, Quebec and was even appointed Foreign Affairs Minister under former Prime Minister Stephen Harper. However, he was forced to resign in scandal when he left classified documents at his girlfriend’s place for nearly a month. After Harper’s Conservatives were devastated in the last election, giving Trudeau’s Liberals a majority government, Bernier ran for leadership of the Conservative party and lost to Andrew Scheer. Soon after, he released portions of a cry-all book about how he lost the leadership bid, but publication was halted. His own peers said this cry-all book was more about “sour grapes” from losing and his “vanity” and need for attention. Most recently, he was silently kicked from Scheer’s shadow cabinet.

    If ever there was a recipe for some hateful sour-grapes, this would be it. A failed separatist, Minister, leader, author and shadow cabinet member, Bernier clearly wants to make a name for himself in whatever way he can. We all know that Republican President Donald Trump’s sexist, racist, anti-immigrant fear-mongering seems to have appealed to the ultra right-wing and white supremacists in the USA. It also seemed to work for Conservative Ontario Premier Doug Ford, a “fiercely right-wing populist”, who won an election with a “take care of our own” attitude devoid of any substantive public policy – unless you include his buck-a-beer-for-all promise. It would seem that Bernier is once again suffering from sour grapes and has resorted to this hateful, racist rant against every other culture than his own people– the very people that seems to have rejected him. 

    It is not the fault of new immigrants that Bernier’s own party have rejected him over and over. Nor can his misery be tied to the legal right of people from diverse cultures to enjoy their traditions in Canada. This is an example of popular white supremacism – the idea that people of other racial, ethnic or cultural backgrounds are inherently dangerous and should not mix with “old stock Canadians” – i.e. “white” Canadians. The difference between the white nationalism/supremacy of the past is that those who espouse these views today tend to do so in a less direct way under the guise of public policy debate.

    But his hatefulness doesn’t focus only on new immigrants. Several days later, he was also first in line on Twitter to trash the Trudeau government’s intention to create a statutory “holiday” in remembrance of the atrocities committed in residential schools. Despite this being 1 of the 94 Call to Action of the Truth and Reconciliation Commission and represents the wishes of many of the survivors, Bernier accused called this “another sick characteristic of extreme PC [political correctness] and multiculturalism”. To my mind, the wishes of the survivors should be paramount on the issue of whether there is a national day of remembrance. Bernier went on to categorize the day of remembrance as a “cult of victimhood and obsession with past wrongs”. I wonder if he would also apply this logic to Remembrance Day on November 11th, or any of the war memorials that exist in Canada? Somehow, I don’t think so.

    The whole point of national days of remembrance and memorials is to ensure that Canadians never forget the atrocities that happened. The idea is to honour those we have lost and make sure history never repeats itself. It is a concept shared by most nations around the world. Germany for example has taken great steps to not only erase any Nazi symbols from their society, but also create memorials to remember the many lives lost. Here in Canada, we hope to have several national days of remembrance that include one for residential schools and memorials to lives lost, like murdered and missing Indigenous women. In recent months we have also been talking about how to deal with statues and other symbols of individuals who, despite being historic figures, were the perpetrators of a campaign of genocide against Indigenous peoples – like Sir John A. MacDonald. The TRC report confirmed that Canada engaged in all three types of genocide against Indigenous peoples – cultural, physical and biological. It is long past time that we talked about how to reflect history accurately and responsibly.

    Bernier’s Twitter rants about “extreme PC” couldn’t be further from the truth when it comes the ongoing legacy of injustice against Indigenous peoples in Canada. His Twitter tirades about immigrants who don’t share the same skin colour, religion or culture as him don’t reflect the laws of this country – Indigenous or Canadian. It’s highly ironic that Bernier would advocate against any more diverse immigrants while at the same time demand that Indigenous history be erased. I guess that is the privilege assumed by those whose ideas reflect and promote (directly or indirectly) white supremacy – as if anyone else is not only dangerous, but a threat to whiteness. While Bernier is only the most visible example of this kind of thinking, in fairness, he is not alone.

    Senator Lynn Beyak was booted from Conservative caucus after her racist postings about Indigenous peoples. Conservative MP Pierre Poillievre said racist remarks against residential school survivors on the same day as the apology. Former Conservative Indian Affairs Minister Bernard Valcourt regularly made racist comments against First Nations, at one point calling First Nation treaty Chiefs “threats to national security”. With regard to Bernier’s most recent comments, Conservative party leader Andrew Scheer has failed to specifically condone them, nor has he removed Bernier from the party – which he should do. This is not much of a surprise given the fact that Scheer’s own campaign manager was the founding director for Rebel Media which promotes white nationalism. 

    In the end, the Conservative Party needs to be very clear with Canadians about their party and what it stands for today. Andrew Scheer and the party either stand wholly behind Bernier or they do not – there is no in between. Right now, Scheer seems to stand more behind Bernier than not. It’s Scheer’s move now.

    To watch my Youtube video on this issue and participate in the ongoing discussion, click here:

    https://www.youtube.com/watch?v=BKl3j1B6VK8&t=1s

  • Canada’s Criminalization of the Indigenous Tobacco Trade

    Canada’s Criminalization of the Indigenous Tobacco Trade

    *This article was originally published in Lawyer’s Daily on April 4, 2018

    Prime Minister Justin Trudeau claims that there is no more important relationship than the one with Indigenous peoples and committed to a renewed nation to nation relationship based on respect for Indigenous rights. To this end, Trudeau made many promises to First Nations, including a commitment to review and repeal all of the laws imposed on First Nations by the former Conservative government led by Stephen Harper.

    This is a significant commitment from the Liberal government, as Harper passed numerous laws impacting Indigenous rights — without complying with the legal duty to consult, accommodate and obtain the consent of First Nations. Laws related to drinking water, elections, financial transparency, matrimonial property, land surrenders and the removal of protections for lakes and rivers were passed in spite of strong opposition by First Nations. One bill which attracted a great deal of resistance was Bill C-10 An Act to amend the Criminal Code (trafficking in contraband tobacco).

    Bill C-10 created the new offence of trafficking in contraband tobacco and also prescribed minimum prison terms for repeat offenders. The RCMP defines contraband or illicit tobacco as including product “unlawfully manufactured in Canada, mainly on First Nations reserves and territories.” Yet, it is only unlawful to the extent that the federal government has made it unlawful.

    Current laws completely ignore the inherent, Aboriginal and treaty right of Indigenous nations to engage in their traditional economies. Not only do Indigenous nations have a right to trade in tobacco with other Indigenous nations, but they have a right to trade with settlers as well. Part of the traditional practice of trading in tobacco was trading with Europeans — which is in fact how Europeans came to enjoy tobacco today.

    Indigenous nations in North and South America have been growing, manufacturing and trading tobacco for thousands of years. Some anthropological estimates put the growth and use of tobacco as a crop by Indigenous peoples as early as 5000 BC. Indigenous peoples manufactured the tobacco plant for use in ceremonies, sacred rites and rituals, and it is still used in ceremonies today. Tobacco is often gifted to elders to perform ceremonies or exchanged between First Nations as part of cultural protocols, for example. Tobacco was also traditionally manufactured for snuffing, chewing and smoking as well as medicinal purposes and was even used as insect repellent. By comparison, European settlers did not start growing, using or trading in tobacco until very recently — in the last several hundred years — and only because Indigenous nations introduced it to them. If there is one economy that should be exclusively managed, controlled and legislated by First Nations — it is the tobacco trade.

    The Indigenous tobacco trade is an essential part of the traditional and modern cultural practices and economies of many Indigenous nations in what is now known as Canada and the United States. They have managed, protected and benefited from the many natural resources within their traditional territories since time immemorial — including tobacco. Today, the inherent, Aboriginal and treaty rights of Indigenous nations to engage in traditional practices, such as the growth, manufacture and trade in tobacco, are governed by traditional and modern Indigenous laws and regulations. These practices are also protected in s. 35 of Canada’s Constitution Act, 1982 which specifically protects Aboriginal and treaty rights — including pre-contact practices that were integral to Indigenous cultures.

    The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provides that Indigenous nations have the right to self-determination which includes the right to freely pursue their economic development (article 3); the right to be secure in their own means of subsistence and engage freely in all traditional and economic activity (article 20); and the right to benefit from their own lands and natural resources in their territories (article 25). While the United Nations considers these standards to represent the minimum standards for the “dignity, survival and well-being” of Indigenous peoples, Trudeau’s government has also committed to implementing UNDRIP into domestic law. At a minimum, the current government should exempt First Nations from these unconstitutional and human rights-infringing laws which criminalize the Indigenous tobacco trade.

    Article III of the Jay Treaty of 1794 recognized the trading practices of Indigenous nations north and south of the imposed border and confirmed that their rights to live and pass freely over the border would continue to be protected and included an exemption from customs, duties and other fees. In fact, a report of the Special Parliamentary Committee on Indian Self-Government (known as the Penner Report) specifically recommended that Article III of the Jay Treaty be specifically implemented into legislation. Instead, Canada has continued to deny Indigenous nations their long held rights to trade over the border.

    The problem is less about Indigenous criminality and more about colonial control of Indigenous practices for the benefit of non-Indigenous governments and corporations. In other words, the crime of contraband tobacco was created to disentitle Indigenous nations from engaging in their own tobacco trade. Not unlike what federal and provincial governments did with hunting and fishing.

    Characterizing Indigenous peoples who engage in the tobacco trade as gangs, criminals or members of organized crime is racist, factually wrong and is itself a form of hate crime insofar as it paints all Indigenous peoples in the trade as criminals and dangerous. Indigenous nations have just as much right to provide food, clothing and shelter for their families as anyone else, including Canadian businesses, like convenience store owners – who do not have constitutionally protected rights to engage in the tobacco trade.

    The racist backlash experienced by First Nations from being characterized as criminals stems directly from federal and provincial laws, policies, and enforcement measures which appear to target First Nations. Canada can’t have it both ways — they can’t complain about the cost of First Nation poverty and continually criminalize all our means of subsistence. This focus on contraband tobacco appears to be less about addressing organized crime and more about who gets to profit from the tobacco trade.

    *Link to the article that was originally published in Lawyer’s Daily on April 4, 2018

    https://www.thelawyersdaily.ca/articles/6233/canada-s-criminalization-of-the-indigenous-tobacco-trade-pamela-palmater?category=columnists

  • Nation to Nation Relations Need Repeal of Paternalistic Laws

    (Originally published in Lawyer’s Daily on April 17, 2017)

    Prime Minister Justin Trudeau swept the Liberals into power on Oct.19, 2015, with the support of Indigenous peoples who voted in record numbers. Trudeau’s election platform consisted of core promises made to the Chiefs in Assembly on July 7, 2015, which would include the review and repeal of legislation unilaterally imposed on First Nations by former Conservative Prime Minister Stephen Harper. Trudeau confirmed his government’s commitment at a subsequent meeting of the Chiefs of Assembly on Dec. 8, 2015.

    This was a significant commitment for First Nations since the unilateral imposition of these laws by the Harper government had inspired the largest social movement in Canada’s history: Idle No More. Indigenous peoples took to the streets for nearly a year protesting Bill C-45, an omnibus bill that would remove protections for various waterways; Bill C-27 First Nations Financial Transparency Act; Bill S-2 Family Homes on Reserve; Bill S-6 First Nation Elections; Bill S-8 Safe Drinking Water; and Bill C-428 Indian Act Abolishment. All of these bills involved some form of increased government control, something First Nations were not willing to accept. In addition to protests, First Nations decided to tackle these unconstitutional laws head on in the courts.

    Mikisew Cree Nation won their initial case in Federal Court challenging Harper’s failure to consult on two omnibus Bills C-38 and C-45; and Onion Lake Cree Nation won their federal court battle against Bill C-27.

    While Idle No More activities on the ground eventually subsided, First Nation discontent with federally imposed legislation continued to grow throughout Harper’s mandate. There was significant opposition and protests against Bill C-51, the Anti-Terrorism Act, which targeted the political activities of Indigenous peoples.

    The situation came to a head when Assembly of First Nations (AFN) National Chief Shawn Atleo publicly supported Harper’s Bill C-33 First Nation Control of First Nations Education Act without informing or consulting First Nations. The resulting widespread cries for Atleo’s removal led to his resignation and put a serious strain on an already fragile relationship between First Nations and the federal government. Trudeau’s election promises offered a welcome path forward.

    However, Trudeau’s first budget was a major disappointment not only for failing to address the many overlapping crises in First Nation social conditions, but also for completely ignoring his promises to repeal Harper’s legislation. The resulting First Nation criticism is likely what led to this year’s announcement that Trudeau’s government has created a ministerial working group to review all laws and policies related to indigenous peoples. The working group consists of the ministers for Indigenous and Northern Affairs, Fisheries, Justice, Health, Families and Natural Resources and will be chaired by Justice Minister Jody Wilson-Raybould.

    On its face, the announcement appears to be an indication of the Trudeau government moving in the right direction in the promised nation to nation relationship. However, we do not have either a specific budget for this work or a terms of reference that specifies who will be engaged in the review, the time frame for completion, or the ultimate objectives.

    The worst thing that could happen is yet another government committee struck to review its own laws, with its own legal interpretations of what does and does not violate the Constitution, cementing it firmly in its own colonial and paternalistic mindset.

    Most will recall that Trudeau’s father, former prime minister Pierre Elliott Trudeau, struck out big time with his 1969 White Paper on Indian Policy calling for the elimination of Indian status, reserves and treaty rights. This ministerial review committee risks the same fate without First Nation leaders and experts at the table. Another core concern is that the scope of this review has been enlarged so much that this committee could spend years reviewing hundreds of laws and policies instead of repealing the handful that Trudeau promised to repeal.

    Therein lies the other problem with Trudeau’s legal review committee — it is based on a nation to nation relationship that begins and ends with the AFN. This comprehensive legal and policy review must be done in partnership with the actual Aboriginal and treaty rights holders themselves; i.e., First Nations and treaty signatories, not the AFN. This is a critical first step before Trudeau’s vision of “a complete renewal of Canada’s nation to nation relationship with indigenous peoples” can be realized. It will require Trudeau’s working group to negotiate the terms of reference with representatives of the rights holders on a nation basis, like the Mi’kmaw Nation, or on a treaty basis, like engaging with all First Nations in Treaty 4, for example. It is possible for regional and other representative organizations to participate, so long as it is the rights holders themselves who mandate them to engage in this process.

    To date, Trudeau has not asked how our nations want to be represented or engaged in this legislative review. First Nations in Canada are not the mythical race of “Indians” created by the Indian Act. They do not have one culture, one language or one set of laws. First Nations are part of larger Indigenous nations with laws, governments, histories and politics as varied as those found in the United Nations.

    If Trudeau is serious about transforming the relationship with indigenous peoples, he will have to abandon the colonial requirement that all First Nations speak with one voice. Canadians don’t speak with one voice, nor do the provinces and territories. To expect more of First Nations is an adherence to racist stereotypes of the past which have no place in a multinational, democratic Canada that is truly committed to reconciliation, reparation and renewal. The terms of reference will be the real indication as to whether Trudeau is serious about a renewed relationship. https://www.thelawyersdaily.ca/articles/2889/nation-to-nation-relations-need-repeal-of-paternalistic-laws-pamela-palmater

    See also my recent video explaining Trudeau’s proposed federal legislative framework and its potential impact on First Nation rights: https://www.youtube.com/watch?v=c7Z3579b20c&t=2s

  • Gang Rapes, Murders and Planting Evidence: New TV Show? No, Welcome to Ontario Policing

                   Pam Palmater and Toronto Police Inspector Steve Irwin Giving Testimony Before Parliament (CBC News) In 1989, the Royal Commission on the Donald Marshall Jr., Prosecution found that the criminal justice system failed Marshall “at virtually every turn” due “to the fact that Donald Marshall, Jr., is a Native.”[i] Donald Marshall Jr., was a Mi’kmaw man who spent over a decade in prison after being was wrongfully convicted of murder. In 1999, The Aboriginal Justice Inquiry of Manitoba concluded that: “The justice system has failed Manitoba’s Aboriginal people on a massive scale.”[ii] Again in 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform noted we still have the same problem: “[R]acism is a major obstacle to healthy relations with the First Nations and … police organizations.”[iii] After the shooting death of unarmed land defender, Dudley George, the Ipperwash Inquiry concluded in 2007 that: “cultural insensitivity and racism was not restricted to a few ‘bad apples’ with the OPP but was more widespread.”[iv] It’s #2016, and we still have the same problem and it looks like police racism and violence against Indigenous peoples has spread to women and racialized minorities everywhere.

    This week, all of Toronto’s attention had been on the conviction of Toronto police officer James Forcillo, who was found guilty of attempted murder in relation to the shooting death of Sammy Yatim.[v] Yatim was an 18 year old young man who only possessed a small pocket knife, when he was mortally shot three times in the heart. The officer then shot him 6 more times and was joined by another officer who then tazered him.[vi] The temptation is to think: one bad apple. Yet, only three days after the verdict, four Toronto police officers were arrested with seventeen charges related to planting evidence on a suspect and obstructing justice (lying) – all suspended with pay.[vii] What seemed to get even less attention were the three Toronto police officers who were charged in a gang sexual assault on female member of the Toronto police force and, like their colleagues, were all suspended with pay.[viii]

    The problem is so critical in Toronto that there is even an organization called, Affected Families of Police Homicide which helps advocate on behalf of the teenagers, many unarmed who lost their lives to police action.[ix] Many of these victims come from Indigenous or racialized backgrounds. This isn’t a Toronto phenomenon, though it appears to be particularly acute in Toronto. In the same year, a York Regional police officer who had served on the force for 31 years was charged with sexual assault of a minor.[x] The little girl was not even 12 years old. Then there’s the Peel Region Police Officer Craig Watier charged with child porn related offences; Ontario Provincial Police officer Mark Maltais charged with a child porn offence – but suspended with pay; and Toronto Police officer Darious Kisielewski charged with making and possessing child porn.[xi]

    One of the more disgusting elements of police racism and violence in Ontario is the high degree of impunity the police seem to enjoy – all while getting paid. At the moment, there are at least 50 police officers suspended with pay in Ontario, at a cost of over $4.5 million to Ontarians.[xii] The primary concern seems to be that these men get paid, not the racialized people, women or children who are their victims. It should come as no surprise that we have a crisis of murdered and missing Indigenous women and girls in this country, when the police themselves become the predators. Whether it’s outright targeting of Indigenous women and girls for violence, or refusing to protect them by locating the missing and convicting the killers – police racism and violence is exacerbating an already crisis issue.

    It’s not just Ontario’s regional or municipal polices forces. The RCMP, Canada’s national police force is literally rampant with police racism and violence. Manitoba RCMP Constable Kevin Theriault arrested an Indigenous woman at a house party for “intoxication”, locked her in a police cell, and showed up later in his street clothes and took her to his home with the intent to have a “personal relationship” with her.[xiii] Fellow officers goaded him on and even his senior officer said: “You arrested her, you can do whatever the fuck you want to do.”[xiv] His punishment was the loss of only seven days’ pay.[xv] Human Rights Watch documented numerous reports of abusive policing in British Columbia by the RCMP who are accused of raping and assaulting Indigenous women and girls in custody.[xvi] No one was brought to justice in those cases.

    This phenomenon is not unique to BC and Ontario, as eight Quebec police officers were recently suspended after numerous allegations of sexual assault against Indigenous women were brought forward.[xvii] In Nova Scotia, RCMP were suspended for sexual assault of co-workers.[xviii] In Alberta, a 34-year veteran with RCMP charged in sexual assault of 12 year old girl.[xix] Even within the RCMP, sexual assault and harassment against their own female officers appears to be rampant as over 300 women have filed a class action lawsuit.[xx] Evidence of the wide-spread nature of police violence against women in general is staggering. But who are we going to complain to? Experts tell us that the conviction rate against police officers in Ontario and the RCMP is astronomically small. Then when we see a provincial court judge from BC imprisoned for sexually assaulting Indigenous girls between the ages of 12 and 16, we begin to wonder what the options are for society.[xxi]

    This phenomenon of police violence and corruption appears to be widespread in Canada and the United States. Many grassroots groups and organizations have come together to shine a light on the victims of police violence, corruption and racism. Black Lives Matter that became “the rallying cry of the new movement against racist police violence”.[xxii]Disarm Toronto Police, Cop Watch, Police Watch, and Citizens Against Police Brutality – social media is growing with citizen groups organizing all over North America to bring awareness to police violence and address impunity. This is just the tip of the iceberg of what we know is happening in Ontario -the frightening part of what we don’t know. How many more victims are there who never brought their complaints forward thinking no one would believe them over a police officer?

    Ontario – you have a problem. So far, no one from the mayor, to the police chief to the Premier has stood up and expressed the horror the rest of us feel by the increasing police violence in this province. Gang rape is not something that should be heard in conjunction with police officers. Someone needs to show some leadership and clean up the cop shop. Police are hired to protect Ontarians and keep them safe from predators – not become the predators. This situation has reached crisis proportions and needs an immediate and comprehensive emergency action plan that includes independent investigations and legislative amendments. The days of police investigating police must be over. Every rape, assault or murder of citizens in Ontario, committed by police is now on the hands of those who have the power to do something about it.

    It’s your move Ontario. #racismkills


    [i] Chief Justice Hickman, Chairman, “Royal Commission on the Donald Marshall, Jr., Prosecution”, (Halifax: Province of Nova Scotia, 1989), online: <https://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf> at 1.

    [ii] Aboriginal Justice Inquiry of Manitoba, “Report of the Aboriginal Justice Inquiry of Manitoba” (Winnipeg: Province of Manitoba, 1999), online: <http://www.ajic.mb.ca/volume.html> at 1.

    [iii] W. Littlechild, Chair, “Legacy of Hope: An Agenda for Change: Final Report from the Commission on First Nations and Metis Peoples and Justice Reform”(Saskatchewan: 21 June 2004), vol.1, online: <http://www.justice.gov.sk.ca/justicereform/volume1.shtml> and vol.2, online: <http://www.justice.gov.sk.ca/justicereform/volume2.shtml> at 5-6.

    [iv] S. Linden, Commissioner, “Report of the Ipperwash Inquiry” (Toronto: Province of Ontario, 2007), vol.2, online: <http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/report/vol_2/pdf/E_Vol_2_Full.pdf> at 272.

    [v] W. Gillis, The Star, “‘Mystery’ charge only one that sticks in Sammy Yatim slaying” (Toronto: The Star, 26 January 2016), online: <http://www.thestar.com/news/crime/2016/01/25/mystery-charge-only-one-that-sticks-in-sammy-yatim-slaying.html>.

    [vi] A. Hasham, The Star, “Forcillo guilty of attempted murder in shooting death of Sammy Yatim” (Toronto: The Star, 25 January, 2016), online: <http://www.thestar.com/news/crime/2016/01/25/jury-returns-in-murder-trial-for-const-james-forcillo-charged-in-shooting-death-of-sammy-yatim.html>.

    [vii] P. Edwards, The Toronto Star, “Toronto police officers charged with obstructing justice, perjury” (Toronto: The Star, 28 January 2016), online: <http://www.thestar.com/news/crime/2016/01/28/toronto-police-officers-charged-with-obstruction-of-justice-perjury.html>.

    [viii] M. Krishnan, et al; The Star, “Three Toronto police officers charged with gang sexual assault” (Toronto: The Star, 19 February 2015), online: <http://www.thestar.com/news/crime/2015/02/19/three-toronto-police-officers-charged-with-sexual-assault.html>.

    [ix] A. Carter, CBC News, “Victim’s rights group lobbying province, SIU for change” (Toronto: CBC News, 5 December 2013), online: <http://www.cbc.ca/news/canada/hamilton/news/victim-s-rights-group-lobbying-province-siu-for-change-1.2451123>.

    [x] CBC News, “York Regional Police officer charged with sexual assault involving a minor” (Toronto: CBC News, 11 November 2015), online: <http://www.cbc.ca/news/canada/toronto/york-police-1.3314053>.

    [xi] J. Moore, NewsTalk 1010, “Update: Former York Regional Police Sergeant accused of sexually assaulting a young girl” (Toronto: NewsTalk 1010, 11 November 2015), online: < http://www.newstalk1010.com/news/2015/11/11/update-former-york-regional-police-sergeant-accused-of-sexually-assaulting-a-young-girl>. CBC News, “Peel Regional Police officer faces child pornography, fraud charges” (Toronto: CBC News, 19 August 2015), online: <http://www.cbc.ca/news/canada/toronto/peel-regional-police-officer-faces-child-pornography-fraud-charges-1.3197105>. L. Dunick, TBNewWatch, “OPP sergeant facing possession of child porn charge” (Thunder Bay: TBNewsWatch, 28 January 2016), online: <http://www.tbnewswatch.com/News/380386/OPP_sergeant_facing_possession_of_child_porn_charge>. T. Alamenciak, The Star, “Toronto police officer charged with making child pornography” (Toronto: The Star, 10 September 2013), online: <http://www.thestar.com/news/crime/2013/09/10/toronto_police_officer_charged_with_making_child_pornography.html>.

    [xii] M. Crawley, CBC News Toronto, “At least 50 police officers currently suspended with pay in Ontario” (Toronto: CBC News, 28 January 2016), online: < http://www.cbc.ca/news/canada/toronto/toronto-ontario-police-suspended-with-pay-1.3424010>.

    [xiii] Indian Country Today Media Network, “Outrage over Mountie who took intoxicated native woman to his home” (ICTMN, 1 September 2015), online: <http://indiancountrytodaymedianetwork.com/2015/01/09/outrage-over-mountie-who-took-intoxicated-native-woman-his-home-158629>.

    [xiv] H. Moore, CBC News, “Mountie takes woman home from jail to ‘pursue a personal relationship’” (Manitoba: CBC News, 8 January 2015), online: <http://www.cbc.ca/news/canada/manitoba/mountie-takes-woman-home-from-jail-to-pursue-a-personal-relationship-1.2893487>.

    [xv] Ibid.

    [xvi] Human Rights Watch, “Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Columbia, Canada” (Washington: Human Rights Watch, 2013), online: <https://www.hrw.org/sites/default/files/reports/canada0213webwcover_0.pdf>.

    [xvii] APTN National News, “Eight Quebec police officers suspended in wake of alleged sexual assaults on Aboriginal women” (Winnipeg: APTN, 23 October 2015), online: <http://aptn.ca/news/2015/10/23/eight-quebec-police-officers-suspended-in-wake-of-alleged-sexual-assaults-on-aboriginal-women/>.

    [xviii] Halifax Metro, “Nova Scotia RCMP suspend officer for alleged assault, sexual assault of female coworkers” (Halifax: Halifax Metro, 2 April 2015), online: <http://www.metronews.ca/news/halifax/2015/04/02/nova-scotia-rcmp-suspend-officer-for-alleged-assault-sexual-assault-of-female-coworkers.html>.

    [xix] P. Roth, Edmonton Sun, “High0ranking Fort McMurray Mountie charged with cold-case sex assault of teen” (Edmonton: Edmonton Sun, 15 April 2014), online: <http://www.edmontonsun.com/2014/04/15/high-ranking-fort-mcmurray-mountie-charged-with-cold-case-sex-assault-of-teen>.

    [xx] A. Woo, The Globe and Mail, “Sexual Harassment claims against RCMP reach 336” (Vancouver: The Globe and Mail, 18 July 2014), online: <http://www.theglobeandmail.com/news/british-columbia/sexual-harassment-claims-against-rcmp-reach-336/article19669218/>.

    [xxi] CBC News Canada, “Ramsay gets 7 years for sexual assault” (Ottawa: CBC News Canada, 1 June 2004), online: <http://www.cbc.ca/news/canada/ramsay-gets-7-years-for-sexual-assault-1.479237>.

    [xxii] K. Petersen-Smith, “Black Lives Matter: A new movement takes shape” (2015) International Socialist Review Issue 96.

  • From Savages to Terrorists: Justifying Genocide of First Nations

    I am moved to write this blog because a couple of my readers/listeners/followers have contacted me about comments I made a while back on Facebook where I was critical of the US using the codename “Geronimo” in the assassination of Bin Laden. I was critical about First Nations being publicly characterized as terrorists and some members of the public thought I was over-exaggerating the situation. In my view, this is a direct association between the world’s most notorious terrorist and an Indigenous hero. In their views, no one had really compared Indigenous peoples to terrorists and my alleged exaggeration would only cause more harm than good. I respect the fact that these individuals shared their viewpoints as it is only through this discussion and debate that these issues can be resolved. However, in this instance, the facts do not support their allegation. In fact, there is more than enough evidence which demonstrates a far-reaching pattern of racism and public vilifying of Indigenous peoples in Canada and even the United States. The terminology, description, and context used by government officials, politicians, academics, and others to describe Indigenous peoples is little more than propaganda used to justify the ongoing genocide in our Nations. Public outcries against Indigenous gangs, criminals, corrupt leaders and “terrorists” do not serve to improve relations between our peoples or undo the harms inflicted by the settler society, but instead act as a distraction from the crisis in First Nations poverty and the ongoing theft of our lands and resources and denial of our sovereignty. The characterization of our peoples as terrorists reinforces the notion of us vs. them and helps provide excuses for society to walk by our homeless, jail our youth, remove our children, murder our women, disempower and vilify our men, and support governments which provide funds for other countries while our communities lack drinking water, sewage, food, fire protection and schools – the basic necessities of life. Sadly, some of our own even partake in promoting the negative stereotypes against our people. As a lawyer, I fully realize that despite the fact that this is just a blog – which has no real rules, my readers will expect links to articles, documents, and reports which back up my argument. For those of you who doubt that First Nations have ever been called terrorists, I refer you to the following selected examples. Of course, these are only a few examples as there are far too many to include here and after a while it hurts my heart to read too much of this. (1) Tom Flanagan As you all likely know, Tom Flanagan is no fan of First Nations and in fact has strenuously advocated for their assimilation for years saying that “it has to happen”. His books, First Nations? Second Thoughts and Beyond the Indian Act: Restoring Aboriginal Property Rights have portrayed First Nations as “primitive”, “communists”, and “corrupt” and have also set their complex traditional property issues within the context of studies of “chimpanzees”. Here is the link to the book review I did of Beyond the Indian Act: http://reviewcanada.ca/reviews/2010/04/01/opportunity-or-temptation/ Flanagan, who is a political scientist who has focused on western political issues and First Nations, is now apparently a “security” expert and has authored a paper for the Canadian Defense and Foreign Affairs Institute in 2009  entitled “Resource Industries and Security Issues in Northern Alberta”. http://www.cdfai.org/PDF/Resource%20Industries%20and%20Security%20Issues%20in%20Northern%20Alberta.pdf In this paper, Flanagan argues that due to the “rapid expansion of natural-resource industries in northern Alberta, accompanied by growing environmentalist and aboriginal-rights movements” that “violent resistance to industrial development” is very possible from specific individuals like “saboteurs”, “eco-terrorists” and “First Nations”. While Flanagan explains that his paper could not deal with “Islamic terrorists” the focus of his paper was primarily on “security threats”. Some of the examples he used were the “Lubicon Cree”, the “Woodland Cree”, and “warrior societies” like the “Mohawks in Ontario and Quebec”. Flanagan creates fear in his argument that an “apocalyptic scenario” of “nightmare” proportions would arise if Indigenous warrior societies and eco-terrorists joined forces:

    “A nightmare scenario from the standpoint of resource industries in northern Alberta would be a linkage between warrior societies and eco-terrorists. Members of warrior societies would brandish firearms and take public possession of geographical sites, while eco-terrorists would operate clandestinely, firebombing targets over a wide range of territory. The two processes could energize each other, leading in the extreme case to loss of life and a shutdown of industry over a wide area. But this apocalyptic scenario is unlikely to happen because the members of warrior societies and environmental activists are different types of people with different objectives. It would be difficult for them to maintain coordinated action for very long.”

    But, then again, this is just his “expert” opinion. Does it really matter? I think most educated people would see Flanagan’s unsupported claims for what they are. However, one can’t ignore his political influence – having been Prime Minister Harper’s right hand man or his influence on an uneducated public. http://www.walrusmagazine.com/articles/the-man-behind-stephen-harper-tom-flanagan/ Sadly, his books, presentations and backroom influence will likely continue to promote the view of Indigenous peoples as terrorists for the sole purpose of justifying assimilatory state actions and laws. (2) Christy Blatchford Some of you may know Christie Blatchford, the “journalist” who wrote the book: Helpless in Caledonia: Caledonia’s Nightmare of Fear and Anarchy and How the Law Failed Us All about the situation in Caledonia. Her book portrays the Six Nations land claims as an unimportant issue as compared to what she calls the “lawlessness” in Caledonia. https://pampalmater.com/2011/01/update-tvo-agenda-botches-show-on.html She also appeared on TVO’s The Agenda to speak about her book and compared her coverage of the protests at Caledonia to the terrorist activities at “ground zero” in New York. http://www.tvo.org/cfmx/tvoorg/theagenda/index.cfm?page_id=7&bpn=779932&ts=2011-01-14 Just the fact that she held her book signing in Caledonia and brought “protection” with her perpetuated the stereotypical view that Indigenous peoples are inherently dangerous thugs and terrorists ready to strike at a moment’s notice. She got even more publicity for herself by bringing police to her book signing at a local university. http://www.totalwomanshow.com/News/Local/article/827023 (3) Canadian Military Then there is the Canadian military who have listed Mohawks as a threat to national security alongside terrorists like “communists”, “anarchists”, “Hezbollah”, “Tamils”, “Mexican Indians”, and “Northern Ireland’s paramilitary groups”. They specifically noted that: “The rise of radical Native American organizations, such as the Mohawk Warrior Society, can be viewed as insurgencies”. The manual defines an “insurgency” as “a manifestation of war and that “The military’s counter-insurgency actions “seeks not only to defeat the insurgents themselves, but the root causes of, and support for, the insurgency”. The manual itself can be accessed at this link: http://ceasefireinsider.files.wordpress.com/2007/04/counter-insurgency-operations-manual.pdf The military said in 2010 that they would apologize to the Mohawks, but no apology has been forthcoming: http://video.ca.msn.com/watch/video/military-apologizing-to-mohawks/16ahlo0dq http://www.montrealgazette.com/news/Military+apologize+Mohawk+Warriors/4015748/story.html However, the Canadian military is not alone in its depiction of Indigenous peoples as terrorists. APTN was provided with copies of US State Department cables from Wikileaks where the US described “Indigenous terrorist groups” in Canada. APTN explains: “The cables, sent from the US embassy in Ottawa, and entitled Security Environmental Profile Response for Mission Canada, appear to be part of regular updates on the situation in the country.” http://aptn.ca/pages/news/2011/04/30/u-s-considers-native-canadian-groups-as-possible-terror-threats-embassy-cables/ (4) RCMP We also know that the anti-terrorism unit of the RCMP has been over-zealous in its monitoring of Indigenous peoples. If the RCMP did not consider Indigenous peoples to be terrorists, its anti-terrorism unit would not be actively monitoring Indigenous peoples. The unit has been known to use excessive force on Indigenous peoples alleged to be involved in “Native Issues”: http://www.turtleisland.org/news/wcw1.pdf In addition, in a confidential report written by the RCMP’s criminal intelligence unit, they argue that our Indigenous youth are a threat to to civil society alleging that “street gangs and violent activity” will continue to increase and that “organized crime” is especially a part of Mohawk communities. I received this information from an ATIP request in 2008. However, the RCMP did recognize that the Aboriginal populations are “marginalised”, have a “diminishing quality of life”, that the crimes committed by Aboriginal peoples are symptoms of “poverty” and “will only get worse” unless such poverty is addressed. They also highlight the Indian Act’s role in their destitution: “Many Aboriginal people find themselves limited in education and employment opportunities because of the social order created by the Indian Act”. So, if we know the causes of these situations, why doesn’t Canada go to war against poverty in our communities – instead of against us? Instead, the military, RCMP and sister enforcement agencies like DFO (Fisheries and Oceans) have intervened time and again to deny our rights at Kahnesatake, Burnt Church, Gustefsen Lake, Ipperwash,  and other Indigenous territories. http://www.youtube.com/watch?v=HsvG4KpFHOA First Nations are not the Terrorists: Historically, First Nations were viewed as “primitive” and “savages”. Even today, academics like Flanagan continue to promote that view of us.  It is no longer acceptable to call us savages, so the new word is terrorist – a word used to justify a whole series of unjustified enforcement and military actions against our people. As far as the military is concerned, they are at “war” with us. Far worse, is the justification it gives Canadians to ignore the crisis of poverty in our communities and the ongoing discrimination faced by our people – men who are over-incarcerated, children who are removed from their families at epidemic proportions, or women who are murdered at alarming rates. It should be kept in mind that the Criminal Code of Canada prohibits acts of genocide which is defined not only as the direct killing of an identifiable group of people, but the creating of conditions that lead to their early deaths. In fact, if one were to tally the casualties of war, I think we would see that we are the ones who have suffered and continue to suffer. The fact that our struggles to survive and preserve our lands, resources, cultures, languages and histories for our future generations are considered as acts of “war”, “insurgency” or “terrorism” is more than mere discrimination – it is propaganda designed to justify the continued assimilation and genocide of our people. http://www.ted.com/talks/lang/eng/aaron_huey.html Here is an excerpt from a memorial posted on Daniel Paul’s website related Native Americans: “Today I remember: The thousands of Cherokee, Creek, Choctaw, Seminole & Chickasaw People who suffered untold agony during the forced removal from their homelands in the 1830’s. Innocent men, women and little children perished in concentration camps or froze and starved to death on the Trail Where They Cried.   The 90 women and children who died in the Bear River Massacre in southeastern Idaho.  The 200 Cheyenne men, women and children who were slain at Sand Creek in eastern Colorado by the US Cavalry led by Col John Chivington, a Methodist minister who ordered his men to “Kill and scalp all, big and little; nits make lice.”  The 200 murdered Blackfeet women and children who died at Maries River in northern Montana and the other 140 People who were left to freeze to death in the January cold. The 103 Cheyenne women and children who were butchered on the Washita River in western Oklahoma.  The 200 to 300 Sioux who were slaughtered under a flag of truce at Wounded Knee, South Dakota. The 500 Sauk and Fox Indians led by Black Hawk who were massacred by militia forces while trying to negotiate a surrender.  The Yuki’s and other tribes of Indians in California whose populations declined from 11,000 to less than 1000 because white men wanted the land to search for gold. Organized Indian hunts were held on Sundays and our People were killed for sport. The little children who were kidnapped from their homes and forced to attend BIA schools. Many of them died alone and lie in unmarked graves. From the small pox, measles, typhoid, cholera, diphtheria, TB, and VD epidemics brought to us by the white invaders to the continued genocide still being waged against us, we know about terrorism.  And I remember.” We can never truly address the problem until Canada admits that it has one. Sadly, Prime Minister Harper’s statement that there was no colonisation in Canada does not give me much hope. http://rabble.ca/blogs/bloggers/derrick/2009/09/harper-denial-g20-canada-has-no-history-colonialism Geronimo was a hero, not a terrorist. Many of our leaders who fought to protect our lands and our Nations and who signed treaties were also heros – not terrorists. How quickly the settlers forget that it was they who invaded our territories and killed our people. Many have asked about the solution. I don’t think there is one solutions. A complex mix of tactics are required. While we fight Canada on the political and legal front, we must also ensure we protect what we have left. It is therefore incumbent upon all of us to love and protect our people – regardless of how our actions are labelled. We are not the terrorists.

  • Beyond Blood: Rethinking Indigenous Identity and Belonging

    Beyond Blood: Rethinking Indigenous Identity and Belonging

    OK, so here is my shameless self-promotion – please buy my book and help me become a National Best Seller!! I would love to hear all your feedback on the ideas and issues covered in the book as well as ideas for my next book!!! You can buy my book directly from the publisher at http://www.purichpublishing.com/ or you can buy it from places like Chapters: http://www.chapters.indigo.ca/books/Beyond-Blood-Rethinking-Indigenous-Identity-Pamela-D-Palmater/9781895830606-item.html?ikwid=beyond+blood&ikwsec=Home

    Beyond Blood: Rethinking Indigenous Identity

    Dr. Pamela D. Palmater

    • What impact does status have on band membership codes?

    • What limits, if any, should be placed on the right to  determine citizenship?

    • Legal, political, and cultural factors affecting Indigenous identity and belonging

    • Interim proposed solutions to discrimination against Non-Status Indians

    “For hundreds of years, we have struggled to survive amid a patrilineal system of government. We will not continue to allow government policy to manage our affairs, decide who is Aboriginal or not based on blood quantum …” – Chief Candice Paul, St. Mary’s First Nation

    Author Pamela Palmater argues that the Indian Act’s registration provisions (status) will lead to the extinguishment of First Nations as legal and constitutional entities. The current status criteria contain descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants.

    Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Aboriginal rights and the Canadian Charter of Rights and Freedoms in relation to Indigenous identity. She also examines various band membership codes to determine how they affect Indigenous identity, and how their reliance on status criteria perpetuates discrimination. She offers suggestions for a better way of determining Indigenous identity and citizenship and argues that First Nations themselves must determine their citizenship based on ties to the community, not blood or status.

    Dr. Palmater teaches politics at Ryerson University and holds a JSD in law from Dalhousie University. She was denied Indian status as a Mi’kmaq because her grandmother married a non-Indian.

    “It is time that the Indian Act was revised, section by section, in full consultation with First Nations so that we can keep the sections which benefit our communities and finally eliminate those sections which threaten our very existence. Dr. Palmater’s book raises these very important issues …” – Chief Lawrence Paul, Millbrook First Nation

    “This work is an important discourse that looks at a judicial anomaly which continues to perplex the integrity of the Canadian legal system, and illustrates the glaring contradictions of an ever-weakening Honour of the Crown.” – Chief Isadore Day, Serpent River First Nation

    $35.00, 280 pages, index, paper, 6 x 9, spring 2011                                ISBN 978-1895830-606

    Purich Publishing Ltd.                                                              P: 306-373-5311

    PO Box 23032 RPO Market Mall                                             F: 306-373-5315

    Saskatoon SK S7J 5H3                                                   E: purich@sasktel.net

                        

    Visit www.purichpublishing.com or ask at your local book retailer

  • “No Natives” Allowed: How Canada Breeds Racism and Fear

    On the one hand, I cannot believe that we as Indigenous peoples are still subjected to such overt racism on a such a frequent basis. On the other hand, I am not surprised, given that this kind of anti-First Nation sentiment is still out there in more hidden forms also known as systemic racism. I guess the best way to describe my feelings is that I sometimes feel overwhelmed that these perverse ideologies don’t just come from a few wackos, but comes from all elements in society – individuals, business, professionals, academics, politicians, and government.

    I received this picture from people on Facebook today who wanted to bring this issue to the attention of the public and the police. This picture is allegedly of a restaurant in Lakefield, Ontario. It was reported in the Toronto Sun that the police are investigating this as a hate crime. Here is the link to that story: http://www.torontosun.com/news/canada/2011/03/16/17638211.html If this incident actually happened (and everyone is innocent until proven guilty), it is a symptom of how Indigenous peoples are portrayed generally in our society – in schools, the media and by federal and provincial governments. Even if this one turns out to all a big misunderstanding, there used to be many similar signs like this, just for Aboriginal people:

    I am less surprised by this kind of overt racism from members of small communities, when I hear famous people, like Kevin O’Leary (who appears on Dragon’s Den and CBC News’ Lang & O”Leary show). You will recall, that Kevin O’Leary called his co-host an “Indian giver” and when she rebuked him for such barbaric language, he repeated the phrase and defended his use of it. http://www.thestar.com/news/canada/article/950584–cbc-ombud-slams-o-leary-s-offensive-on-air-comment This comment was made on Canada’s CBC News during prime time when a large number of Canadians would be watching. It happened LAST October 2010 and not a word of apology was issued by O’Leary or CBC. It wasn’t until 5 months later and AFTER the CBC Ombudsperson had publicly released their decision that the comment was wrong and so was CBC for not immediately addressing it – that we heard any mention of an apology. Specifically, the Ombudsperson stated: “In this instance, the preferred course would have been for O’Leary not only to privately recognize the fault of his ways but to publicly express remorse, either that night or the next night or soon after. But if he wasn’t going to publicly apologize, the program could have done something further to make amends. Its obligation goes beyond the complainant to the viewers in order to uphold the broader reputation of the program and CBC itself.” http://www.cbc.ca/ombudsman/pdf/2011-03-02-Jamieson.pdf This is obviously the point I am getting at about the effect such comments have, especially when left for many months to fester. The problem is that Indigenous peoples are getting it from all sides and by not acting to address these issues, it’s no wonder society thinks this is acceptable. Scripted apologies forced by legal decisions, litigation or threat of job loss are hardly sincere or even effective at undoing the damage caused. http://www.nationalpost.com/news/canada/pundit+censured+offensive+exchange/4399119/story.html You will recall on the very same day that Prime Minister Stephen Harper offered a public apology on behalf of all Canadians for the physical, sexual, and other abuses committed in residential schools, his conservative MP, Pierre Poilievre, had the nerve to question the compensation being given to survivors and asked whether it was “value for money”. I still feel nauseated when I read his comments. As if there is any monetary amount that could ever compensate for sexual abuse like rape, physical abuse like beatings, neglect that resulted in many deaths and the loss of culture, language and hope. http://www2.macleans.ca/2008/06/11/pierre-poilievre-shows-his-empathy-for-residential-school-survivors/ Keep in mind, Canada has compensated Japanese families for ripping them from their homes and putting them in camps during the war. The Chinese were also compensated for the head tax that was imposed on them to prevent them from immigrating to Canada. While the Supreme Court of Canada has specifically said that discrimination is not “a race to the bottom” (i.e. who is more discriminated against), they have said that often times Aboriginal peoples are dually disadvantaged on mulitple levels not necessarily experienced by other groups. http://www.canlii.org/en/ca/scc/doc/1999/1999canlii687/1999canlii687.pdf Indigenous peoples suffered in residential schools for their entire childhoods and many others suffer the deadly inter-generational effects for communities all over the country which could take generations to address. How could the residential school compensation be less “value for money” than another group’s? Somehow, conservatives and others find a way to insert doubt and blame into the conversation when it is about Indigenous peoples. We all know about Senator Patrick Brazeau who uses the Senate chambers, resources, and logo to film carefully worded videos meant to portray First Nations as lazy and corrupt. In fact, on my previous blogs, I have highlighted his negative, stereotypes of First Nations and how in one show he even accused First Nations as hubs of “illegal activity”. This all coming from an individual who claims to be First Nations – imagine the powerful effect this would have on the views and opinions of non-Aboriginal peoples. That brings us to Minister of Indian Affairs, John Duncan. As you know from my previous blogs, I am no fan of Minister Duncan given his past racist comments about Indigenous peoples and their rights. https://pampalmater.com/2010/09/indian-agents-are-back-pm-new-indian.html Duncan was very much opposed to Aboriginal and treaty rights to fish, ignored their constitutional protection, and characterized them as “race-based”. http://www.mediaindigena.com/rickharp/issues-and-politics/indian-affairs-minister-john-duncan-menacing-or-muzzled More recently, however, Minister Duncan appeared before the Senate Committee on Aboriginal Peoples regarding Bill S-11, the bill dealing with safe drinking water on First Nations. Senators have commented that all witnesses, both Aboriginal and non-Aboriginal alike, including water experts and legal experts all agree that this Act is so bad that even amendments could not save it. On March 8, 2011, Minister Duncan, expressing his frustration, commented that:

    “This committee has been receiving a very one-sided view on the way things are going.  We’ve actually been working very collaboratively especially with the Treaty 6, 7 and 8 group from Alberta….  You’re correct in concluding that everyone does not have the same view.  But I think this committee has managed to somehow capture a prevalence of negative views.  Sometimes that’s what happens.  It’s easier  in First Nation politics to be aggressively  contrary to something than it is to be supportive.  And that’s an observation that I will make and stand behind and it’s something I hope we can change

    How could we as Indigenous peoples NOT be, at the very least, “agressively contrary” to the sexual abuse in residential schools, the outlawing of our cultures, the legislated exclusion of our women and children from our Nations, the removal of thousands of our children to child welfare agencies, the early deaths of our people from extreme poverty, the theft of our traditional lands and resources,  and the political and legal destruction of our laws, governments and communities? In other countries, this can and has resulted in revolutions. While I can’t say for sure what was going on in his head, it certainly appears to me that Minister Duncan gave his comment some thought before he said it as he followed up his comment with confirmation that he will stand behind it. This is not dissimilar to Kevin O”Leary standing beside his racist remarks, or Tom Flanagan standing beside his comments. I have always been told to believe people when they tell you who they really are – so I am listening. Aside from showing a pre-disposition to having racist views about Indigenous peoples, Minister Duncan’s negative stereotyping of First Nations does little to suggest his views have evolved over time. Looking at it from society’s point of view, if the Minister of Indian Affairs, who is supposed to be an advocate and champion for Aboriginal peoples in Canada has such hostile, negative views about Aboriginal peoples, why would we expect society to be any better? It is almost as if Minister Duncan is sickened to even have to work on this portfolio – which begs the question – why the heck does he?

    Sadly, comments by our top law enforcement agencies about Indigenous peoples do not fair any better. Official documents in the Canadian Military have characterized Mohawks as insurgents or terrorists. This not only false and offensive, it also serves to spread fear and distrust amongst non-Indigenous society. My children’s own friends ask questions about whether we are “terrorists”.

    http://video.ca.msn.com/watch/video/military-apologizing-to-mohawks/16ahlo0dq

    The damage has been done. No carefully worded apology will be able to undo the damage to Indigenous peoples and especially the Mohawk in this case. Canadians are more likely to see us as terrorists than the First Peoples of this country. If there was any doubt, just ask Christy Blatchford and TVO, who portrayed Mohawks in Six Nations as lawless and out of control: https://pampalmater.com/2011/01/update-tvo-agenda-botches-show-on.html

    Yet, despite the military’s indication in 2010 that they would be offering a very carefully worded apology, one remains to be given. Many months later and not a single word has been issued. It makes me wonder what kind of priority they made of the apology. Instead, there seems to be a universal default that these comments will be allowed to be said, defended, repeated, and given time to sink in before any superficial apology is offered. We deserve more than this anti-First Nation propaganda on our own homelands.  http://www.montrealgazette.com/news/Military+apologize+Mohawk+Warriors/4015748/story.html

    Add to this the list of right-wing academics who promote the assimilation of Aboriginal peoples in various forms like Tom Flanagan, Dale Gibson, Frances Widdowson, and Alan Cairns, etc. This is reinforced by some teachers in schools which either don’t teach their students about Aboriginal peoples, do so in a minimal way or teach some of these same stereotypes. This is further reinforced by the various media outlets who make millions off portraying First Nations as lazy, crooked, criminals and movies or TV shows which promote an archetype of Indians that few today can live up to – the “good” version or the “bad” version.

    This is an old battle, one that we have been fighting since contact. While many in society would like to believe that old colonial ideologies about Indigenous peoples have long waned, the opposite is true. Just take a peek at some of the vile comments posted on online media stories about Indigenous peoples and you’ll see what I mean. Not only do Indigenous peoples face this battle on multiple fronts and on a daily basis, but they must also face the battle within themselves, Every day we face the battle to prove we are worthy as human beings. Too often this battle is lost and we lose our young people to suicide, violent deaths, and early deaths from diseases, malnutrition, and lack of housing caused by extreme poverty.

    I’d like to point out that the Criminal Code of Canada specifically prohibits hate crimes (section 319) which provides that public statements made against an identifiable group that incites violence against that group is a CRIME. Similarly, section 318 specifically probihits GENOCIDE – which is the killing of an identifiable group, or creating lufe conditions would bring about that group’s physical destruction. Sounds like an option, but the tricky part is you have to get the Attorney General to agree to bring these charges. So, back to the drawing board…while assimilation, racism, theft of our lands, resources and souls continues…

    Those of us who manage to wake up every day and win this internal battle (at least enough to keep trudging along), must then engage in the political and legal battle for our basic human rights and freedoms, to protect our cultures and identities for future generations, as well as the key issues like sovereignty, Aboriginal and treaty rights, land rights and so on. We have to know more than anyone else about our issues, we have to work harder than anyone else, and we have to find ways to do so politely and with smiles on our faces lest we be characterized as “agressively contrary” or “terrorists”. So the next time you hear someone say how easy First Nations have it; how they get everything for free; or how lazy they all are, why don’t you suggest they live with Indigenous peoples for a while and see what the “free & easy” life is really like? Or perhaps they’d like to discuss the subject with those of us who fight in this battle 24-7? It is time Canada accepted the fact that we will not be assimilated. Whether you call it “agressively contrary”, “insurgency” or “criminal” – we will continue to protect our cultures and identites for future generations. If only Canadians could leave their minds open long enough to see the incredible strength of our diverse peoples, the beauty of our rich cultures and traditions, the unique ties we have to our territories, or the incredible pride we have in our identities – then they would see why we refuse to give it up.

  • Brazeau’s Tiresome Campaign Against Chiefs Will Not Maintain His 15 Minutes of Fame

    Although my blog site already says this, I have to repeat it for the small handful of Brazeau fans that exist in Canada. This blog and every single word contained therein represents my own personal opinions and views as an Indigenous person. It does not represent legal advice nor should it be relied on as such. This blog, as with all others, represents my “fair comment”, on a wide range of legal and political issues, i.e., my honestly-held, personal opinions which I have based on personal experiences, media reports, Senate documents, as well as other discussions and events that have been relayed to me by Indigenous people all over this country. There is no malice in any of my blogs and, in fact, they are designed to engage with other Indigenous Peoples and to think critically about our state of affairs. This blog also does not hurt his “reputation” for his reputation, as has been relayed to me by Indigenous people, media and himself others confirms that he is an Indigenous person (some would argue used to be) who obtained his fame and political power by trashing Chiefs. Senator Patrick Brazeau went from obscurity to enemy number one in Indian country because of his singular focus on trashing First Nations and Chiefs at every public opportunity. I have seen him on TV, quoted in newspapers, speaking in the Senate, heard his videos, and even been present in public forums where he literally trashes Chiefs as though such negativity and stereotypes were acceptable or even helpful in the debate. Whenever he loses some of the limelight, he will come up with his own bizarre home video to share with the public to again stir up some controversy and of course, publicity for himself. Prior to becoming a hand-selected conservative Senator, Brazeau was the President of the Congress of Aboriginal Peoples (CAP) for a very short period of time. I say President, because although he called himself “Chief”, he certainly did nothing to earn that title and in fact so often trashed Chiefs, I often wondered why he was so desperate to be called Chief? He only became President by default when the former one stepped down. He served out that term and was elected again amongst much controversy and several political plots to have him removed as President shortly thereafter – of course none of that ever made the media. He appeared to use his very limited time as President to get as much media attention for himself as possible and the common theme was to stereotype First Nations and Chiefs in negative ways. This of course caught the attention of the conservatives, whose former political advisor was none other than Tom Flanagan – the poster boy for promoting the assimilation of First Nations. There is no better way to sell an otherwise objectionable or unconscionable idea than to get an Indian to do it. Here is where Brazeau found his niche. By doing conservative bidding, he would get his media fame and make up for his failed modelling career and his failed attempt to become a real lawyer. We have to keep in mind that Brazeau brought no real political experience to the table when he became the President of CAP. He was a self-described former model and had completed some law school courses. Oh, and I can’t forget – he was also allegedly a whiz in martial arts. How that ever qualified him to try to lead a national Aboriginal organization is beyond me. FORMER MODEL: “PRESENTABLE FACE” FOR CAP: http://www.canada.com/ottawacitizen/news/story.html?id=3f7827a1-d524-4c56-a6f4-d86bb1aada68 I think the above article may have unknowingly hit the nail on the head about where Brazeau gets his qualifications – it could be unresolved anger and jealousy for having lived a “rock’s throw” away from the reserve and perhaps is why he is so bent on “throwing a few” rocks at First Nations. First Nations are not to blame for his living as a non-status Indian for part of his life and growing up off reserve. We all know that is Canada’s legacy. There is also a saying – don’t throw rocks if you live in a glass house. While Brazeau clamored for media attention through throwing rocks at chiefs, he forgot to look in his own backyard. There are many media sources which say that Brazeau left CAP in financial and administrative shambles, that he had originally wanted to double-dip, i.e. get a 6-figure salary from CAP and a 6-figure salary from the Senate, that he was not paying his child support and even worse, that several former employees had filed sexual harassment complaints against him. Here are some links to related media reports: SEXUAL HARASSMENT COMPLAINT AGAINST BRAZEAU http://www.cbc.ca/canada/story/2009/01/07/brazeau-senate.html BRAZEAU LAGGED ON $100 CHILD SUPPORT http://www.thestar.com/news/canada/article/585027 BRAZEAU WANTED BOTH JOBS AND BOTH SALARIES http://www.thestar.com/News/Canada/article/568616 SECOND WOMAN FILES SEXUAL HARASSMENT AGAINST BRAZEAU http://www.thestar.com/News/Canada/article/568616 BRAZEAU CHOOSES STAFF ALLEGED AS “OFFICE DRINKERS” http://www.ctv.ca/CTVNews/TopStories/20090208/senator_brazeau_090208/ BRAZEAU DEFENDS DRIVING PORCHE AND REPRESENTING IMPOVERISHED http://www.ctv.ca/CTVNews/TopStories/20090208/senator_brazeau_090208/ Certainly, this is not the kind of resume I would want from a person that would represent me in the Senate. In addition, the current President of CAP, Betty-Ann Lavallee has indicated that Brazeau is suing her and CAP for speaking out publicly about Brazeau. I have not seen the actual Statement of Claim, so I can’t provide any details. When interviewed, Brazeau always tries to shift the focus on his critics, as if they just make these things up. Some elders have indicated their view that by not taking responsibility for any of his actions, Brazeau cannot ever grow and become a better person. If we are to believe what is reported in the media about the horrible mess that CAP’s finances were left in after Brazeau’s reign, then we start to get a picture about his real talents or lack thereof. CAP’s ACCOUNTS FROZEN: http://media.knet.ca/node/2089 On a more personal note, I used to be a member of the New Brunswick Aboriginal Peoples Council (NBAPC), which is a provincial affiliate of CAP. I used to attend their Annual General Meetings (AGMs) and one year Brazeau, then President of CAP attended to give a speech to the delegates. Instead of focusing on the severe poverty in off-reserve Aboriginal communities, lack of housing, jobs, and recognition of rights, his mantra was “Down with the Chiefs”! I believe that session was taped, but I never saw it ever reproduced. There were many of us sitting in the audience in absolute shock as he loudly and passionately shouted “Down with the Chiefs”. He completely ignored the fact that although the NBAPC represented off-reserve Aboriginal peoples, many of them still had band membership with their home communities; many had close relations with their families and friends on reserve, and more still worked in solidarity with their communities, including their chiefs, to bring about change for their people. His stereotyping of all chiefs as bad, not only hurt the hearts and souls of the people he spoke to, but he betrayed the very position with which he occupied – to be a spokesperson of the people he represented. No one in my family or circle of friends and relations held such negative, stereotypical views about our leaders – so I was left who the heck was he representing? From that point on, every time I saw him in the media, he was literally parroting everything that the Minister of Indian Affairs or conservative MPs had to say about Aboriginal peoples. At one of the last AGMs of CAP that he ever attended during his short reign, one of the delegates stood up and turned his back to Brazeau, when Brazeau got up to address the delegation. In our tradition, this is our way of saying that the person being shunned is no longer considered an Indigenous person which belongs to the community. No one yelled or challenged Brazeau because from that point on, as far as many were concerned, he was no longer a part of the Indigenous community. It was not long after that, that Brazeau was appointed to the Senate where he has been given a forum to continue trashing our communities through our leaders. Many people across the country who write to me, call or meet me, feel that Brazeau has single-handedly set back all the public education that has been done over the last 20 years to overcome the racist stereotypes about First Nations. Now, thanks to Brazeau and other right-wing groups and academics, it has become acceptable again to publicly insult, stereotype, and humiliate our people. The really sad thing about Brazeau’s situation is that he was so young and inexperienced that he could not see how easily he was manipulated and used by the conservatives. What was so clear to those of us who were more experienced and used to the kinds of political games and divide and conquer methods used by governments, was beyond Brazeau’s comprehension. Instead of seeking advice and guidance from the many experienced leaders in our communities – some of whom have done amazing things for their communities, he acted as if he had all the answers. It was pitiful to watch, especially since it is so rare for an Indigenous person to be so completely “converted”. Despite all this, what it comes down to at the end of the day is personal responsibility. Many elders have told me that Brazeau had a choice: he could be a spokesperson for his people or for himself and it appears as though he chose the latter. According to the elders, he therefore has to accept full responsibility for all the damage he has done and is doing in his pursuit of fame and power. I have learned over the years that our elders’ wisdom should not be discounted lightly. Even if Brazeau would take time to consider the criticism that is levelled against him, he might be forgiven for ignoring it. Yet he seems to relish in the spotlight and use those opportunities to further insult and stereotype our leaders and in so doing, our communities and future generations. I have written previously about my concerns over Brazeau’s use of Senate insignia and meeting rooms to film his bizarre videos criticizing chiefs, his uninformed opinions on our communities, and the disrespectful way he talks about our leaders. Many experienced Senators work on various issues outside of the Senate to support important community issues – but they do so in a helpful, positive way. Using the resources of the Senate to vilify, even if only by implication, a cultural group that is already the most vulnerable group in society, goes well beyond what is conduct expected of a Senator. Readers may also recall that when I was invited to the Senate to present on Bill S-4 regarding matrimonial real property (MRP) as an expert witness, Brazeau later, when I was not there to defend myself, wrongly accused me of being a paid consultant to the Chiefs and therefore asked the Senate to ignore my expert legal testimony based on the unfounded allegation that I was only there to “feather my nest”. When APTN made my subsequent complaint public, it was the Chiefs who stepped forward to defend me publicly and by letters. Did Brazeau ever apologize to me personally? No. But I can tell you that the next time I was invited as an expert witness to speak to the Senate on Bill C-3, I was unexpectedly disinvited at the last minute after having already made travel and other arrangements. I have to wonder whether I will ever be invited back after having spoke out against Brazeau’s behaviour. Now, Brazeau’s tiresome campaign against the Chiefs continues. Many chiefs have complained how he treats them disrespectfully whenever they appear before a committee of the Senate. Brazeau himself admits to “testy” exchanges. I wonder if Brazeau would ever think to speak to PM Harper that way?? Of course not. Some of you may be questioning why I would compare First Nations Chiefs to a PM – well, if its good enough for the salary issue, why is it not applicable for other issues? The public can’t have it both ways. Below is a link to APTN’s story on the issue: http://aptn.ca/pages/news/2011/02/09/brazeau-not-legitimate-represenative-of-first-nations-ontario-chiefs/ The letter that is referenced comes from the Chiefs of Ontario and is addressed to all Senators and Members of Parliament. It is signed by the heads of its regional organizations as well as Chiefs from Six Nations and Akwesasne. They raise a very important issue: that Brazeau was never nominated, appointed, elected or in any way chosen by First Nations people to speak for them and therefore he should not do so. In fact, they argue that it is a breach of our numerous international human rights. The letter goes on to state that while they recognize that the conservative government has the right to appoint anyone it chooses to the Senate, the government must recognize that First Nations have the right to choose their own leaders and have asked that the Conservatives: “desist from characterizing Senator Brazeau as someone who can speak to our issues”. This seems like a reasonable request given that many have questioned not only his ability to be a Senator and former President of CAP, but also his lack of experience personally or politically in First Nations. Given that some of Brazeau’s own “grass roots” people have literally turned their backs on him and no longer even consider him Indigenous, I think the request is more than reasonable. We are all sick of Brazeau’s tiresome campaign against First Nations and their leaders. Many of us are even sick of seeing him on TV. Let him sit in the Senate with his former CAP employees and work on other issues. Leave the business of First Nations issues to those with the experience to add something positive to the agenda. Let’s get on with the business of finding solutions to the serious and even deadly issues facing Indigenous peoples in Canada and finally wrap up Brazeau’s 15 minutes of fame.

  • The Silent War – Government Control of Indigenous Identity

    This blog represents excerpts from the talk that I gave last week on the issue of Indigenous Identity. I realize, however, that many of Indigenous peoples can’t access public lectures, conferences, and other similar forums for information and debate. I therefore decided to include this information in my blog, knowing that there are still many of us who do not have access to computers or the Internet. Canada’s cutting off the water supply at Constance Lake First Nation so that the community has barely enough to drink but not bathe, despite Canada’s “endorsement” of UNDRIP, is but one example of how many of us are forced to manage our extreme poverty and do not have computers, Ipads or TVs. Thus, many do not have the ability to access the kinds of information found on the Internet which many of us get to take for granted – like blogs. So, here are some excerpts from my discussion about Indigenous identity: I wear my Indigenous identity proudly, but have to carry on my back the other identities imposed by government through law and policy. I am forced therefore, to explain my Indigeneity as being comprised of two separate but conflicting sides which are constantly at “war”. The first is my identity as experienced by me internally – within my own heart as an individual and communally with my family, extended family, community and Nation. The second is my “lived experience of Indigenous identity” – i.e. my identity as experienced externally – through relations with both Canadian society and the state. My own identity has shaped by the histories, stories, lessons, and practices passed on to me by my large extended family. This has shaped my worldview, values, and aspirations – it is essentially what some might refer to as my cultural identity. My experience of identity on the other hand, has been shaped entirely by others – by school mates, teachers, employers, friends, neighbors, historians, judges, politicians and governments. While my own Indigenous identity is strong and has survived the test of time, it is scarred and bruised by my lived experience of identity and the ongoing attack on my identity through government law and policy designed to assimilate Indigenous peoples into the body politic. So who am I? I am a Mi’kmaq woman. That is my identity, recognizing however that Indigenous identity is a relationship – a two-way street between myself and my nation. What I mean by this is that my nation cannot exist unless its citizens, like me, both recognize it AND support it. Similarly, I can assert my Mi’kmaq identity but it requires my nation to both recognize AND support me as a citizen. This mutually dependent relationship has been the way of the Mi’kmaq Nation and its citizens since time immemorial. Yet, this relationship is also where Canada has chosen to erect barriers in order to divide, conquer, and destabilize us, with the ultimate goal of reducing our numbers until we are assimilated. My identity as a MI’KMAQ WOMAN has been in constant conflict with these barriers. My identity as a Mi’kmaq woman means that I am a Teacher who is responsible to pass on our history, language, culture, and laws. I am a Warrior who is responsible to protect our nations, territories, trees, animals, and citizens. I am a Caregiver who is responsible to care for my children, mothers, grandmothers, and aunties. I am also responsible to be a Leader in my own life – to stand up for what is just regardless of the consequences. I am responsible to be a Living Example – to live our values for our young ones to see so that they know how to live in balance. We are not to live in wealth that destroys the earth nor in poverty that destroys our spirit. Some have discounted our Indigenous values and traditions as being ancient and irrelevant in modern times. In my opinion, these traditional values are more important today than ever before. I believe they are what will inspire our people to action, stand up against the current injustices and reclaim our spirit and identities. However, despite my own identity as Mi’kmaq, I have been labeled as “ABORIGINAL” by others. This is a legal and social construct of the Canadian state which lumps my Mi’kmaq identity in with the generic terms of Indians, Inuit and Metis as if we were all just one race of people with the same cultures and world views. Taiaike Alfred, in his book Wasase, explains that “aboriginalism” amounts to little more than “racialized violence and economic oppression meant to bring about a silent surrender” of who we are as Indigenous peoples. I have resisted surrender – but the battle seems to be never-ending and I fear that most Canadians are not even aware of what is at stake for us. They see our identity only in terms of unfair entitlements and special treatment. Yet, my identity is primarily about my responsibilities and relations with my Nation and my connections with our traditional territory of MI’KMAKI. Mi’kmaki represents the seven distinct districts of Mi’kmaq territory including NB, NS, PEI, NFLD, parts of Quebec and Maine. With the exception of the last two years, I have spent my entire life living within my traditional territory and those lands are an essential part of my identity. My heart aches if I am far from home for too long as I know that my responsibilities to my territory does not diminish when I live elsewhere. However, the Crown has put limits on my ability to fully enjoy my Mi’kmaq identity through the imposition of provincial boundaries and policies that restrict my rights on a provincial basis. I am considered a NB MI’KMAQ and therefore not entitled to hunt or fish in NS; enjoy my treaty rights in PEI; or have a say in what happens in Mi’kmaq territory in NFLD. Even within NB, the provincial government has drawn an arbitrary line called the Ganong Line telling my Nation and the Maliseet Nation whose territory is whose. These barriers are all externally imposed and designed to divide our Nation. Within Mi’kmaki, my home community (or band) is EEL RIVER BAR FIRST NATION located in northern NB. Yet this is not even the location of our true community. It is the location to which my original community was relocated, as the lands on which they had originally occupied for their more permanent settlements were considered too valuable to be occupied by Indians. However, my family has now lived at Eel River Bar for many generations and therefore we have strong connections to that specific part of our territory as well. Yet, despite my own identity as a Mi’kmaq woman and the essential role that my connections to the land play in that identity, INAC (Indian and Northern Affairs Canada) has determined that I am a NON-BAND MEMBER and therefore not entitled to live in my home community or have a say in its governance or future. Unfortunately for many Indigenous peoples, our own communities have now taken over Canada’s role and exclude our own people on the same basis. I have learned how to survive in this war against my identity and live my Mi’kmaq identity despite the fact that I am a non-band member. I proudly assert that I am an ON-TERRITORY MI’KMAQ citizen. After all, I have always lived on my traditional Mi’kmaq territory and have acted always in protection of it. This is an important part of my identity and is really inseparable from it. Even now that I live in Toronto, I still have a strong connection to Mi’kmaki and maintain those connections. This is not easy to do when I am legally excluded from my community, but is necessary to ensure that identity for my children. As I explained earlier, there is consistent conflict between my personal identity and my lived experience of identity. I may feel like I am an on-traditional territory Mi’kmaq, but am still dismissed as an OFF-RESERVE INDIAN or URBAN ABORIGINAL. Non-Indigenous writers like Tom Flanagan, Alan Cairns and others try to persuade Canadians that because I don’t live on reserve, that this somehow makes me less of a Mi’kmaq person. To them, the movement of Indigenous peoples off-reserve is as inevitable as their corresponding loss of identity which is prophecized. Yet, there were never any reserves for the many thousands of years that we have existed as Mi’kmaq peoples. Reserves are an artificial creation and imposition of the government which were meant to control us and dispossess us of our traditional territories. The goal was to open up our lands for settlement. Why would I ever define myself in a way which legitimizes Canada’s theft of our lands? What kind of message would that be to my children? All of that lived experience of Indigenous identity which has been imposed from those outside my Nation ignores the fact that my identity also comes from the many great Mi’kmaq people who have made up our Nation, like my GREAT GRANDFATHER LOUIS JEROME. He is said to be one of the last traditional Chiefs of my home community and dedicated his life to travelling throughout Mi’kmaki to maintain relations amongst the seven districts. His daughter, my GRANDMOTHER MARGARET JEROME was a well-known healer of our community and had extensive knowledge of the traditional uses of plants and herbs in healing our people. She was so good at what she did that even non-Indigenous doctors asked for assistance in times of disease. Her son, my father, FRANK PALMATER quit school in grade three to care for his large family and then fought in the WWII to protect our territories. To him, the treaties we made with Britain were worth fighting to protect. Yet external determinations of my identity by the Canadian state ignore those connections. To INAC, because my grandmother married a non-Indian, she was no longer considered an Indian and therefore, not entitled to be a band member – nor were her children or grandchildren. Canadian laws turned my grandmother from a Mi’kmaq to an Indian to a non-status Indian and then back to Indian again in 1985. They are now referred to as BILL C-31’ers – those who got their Indian status restored in 1985 when the United Nations found Canadian laws discriminatory. My relations are considered lesser Indians than other Indians and often discriminated against because of their Bill C-31 status. As a result, this has meant no membership in our home community, no residency rights, or ability to participate in our government. All of these external laws create divisions, inequities and injustices that focus our attention on our externally imposed identities. Canada has successfully diverted our attention from our real identities. We are so busy trying to combat discrimination in Canadian laws that some of us have forgotten that that we must put as much energy, if not more, into protecting our Mi’kmaq identities. Growing up, I did not link my Mi’kmaq identity to my registration status under the Act. My family thankfully protected me from that hurt for as long as they could. I often identified myself as a TREATY INDIAN because the Mi’kmaq signed numerous peace and friendship treaties with the Crown. My family made sure I knew those treaties very well. These treaties, like those signed in 1725, 1726, 1752, etc, protect many of our Indigenous rights to hunt and fish for example, but are not the source of those rights. I therefore grew up knowing that our hunting, fishing, and gathering activities in which my large extended family participated were an essential part of who we were as Mi’kmaq peoples. Yet, the assertion of myself as a Treaty Indian is often met by a swift denial from federal and provincial governments. It is their position that I am nothing more than a NON-STATUS INDIAN. Since they only recognize status Indians as having treaty rights, governments tell me I don’t have a right to call myself Treaty Indian. Why do they call me a non-status Indian? Because there is a preference in the Indian Act for those who descend from the male line versus a female line. Had my grandmother been a grandfather, I would be registered under the Indian Act as an Indian (i.e. have status) as would my children. The changes that were made in 1985 in Bill C-31 did not fully remedy this legislated form of gender discrimination. Again Canada has directed our attention away from my status as a treaty descendant to one of non-status as an Indian. For every identity I assert in this battle, Canada has created another one to counter it. So, some say, well that’s OK Pam, soon under Bill C-3 you will be a STATUS INDIAN. In fact, I will be a section 6(2) status Indian, which is the lesser form of status. That status cannot be transmitted to my children. Even if my home community of Eel River Bar First Nation “allows” me to become a band member, my children will be excluded. Why? It’s not because Canada will exclude them from band membership under the Indian Act – Eel River Bar now controls its own membership and does the excluding for Canada. Layered on top of that lesser type of status will be the fact that it results from Bill C-3, I will be known as a BILL C-3’er, which is just as bad, if not worse, as being known as a Bill C-31’er. I will be considered a “new” Indian which discounts my lifelong identity and contributions as a Mi’kmaq woman and citizen. Furthermore, Indigenous women and their children impacted by Bill C-3 will NOT get to make claims for lost treaty, land claim, or other benefits despite the court finding of gender discrimination. Some of us have experienced the same kinds of loss of language, culture, and identity as those is residential schools, but because those affected are primarily Indigenous women and their children, they are treated as less worthy of being compensated for severe breaches of their Charter equality rights. So, again some might argue that government control over our identities only impacts my Indigeneity and there are many other aspects of my identity on which I could focus. After all, I am the MOTHER of two of the most amazing Mi’kmaq men – Yet even that identity is challenged by the state. Remember the 60’s scoop? Just as residential schools were being shut down all over the country, during the 1960-80’s, child welfare agencies were empowered to literally scoop up thousands of Indigenous children from their homes and place them in foster homes or permanently adopted them out without the knowledge or consent of the parents. Over 11,000 status Indian children were scooped and that number obviously does not account for all those children never registered as status Indians. These children denied their identities, languages, cultures, families, communities & Nations. Many Canadians misunderstand that period in our history to be over, which is the reason why it is labeled as the 60’s scoop – something that happened in the past. Yet Indigenous children NOW make up 60% of all children in care despite the fact that they are less than 4% of the population. We have HIGHER levels of our children in care now than in the 1960s!!! Canada and the provinces have continued with their policies of assimilation by TAKING OUR CHILDREN from us. Bill C-3 might not be directly physically removing our children, but will legally, socially, and politically remove them from us. Under Bill C-3, MY CHILDREN will be denied their status and thus their band membership, Mi’kmaq citizenship; and treaty rights. On some First Nations, no band membership means you can’t live on reserve and will be evicted. In that way, my children and many others could be prevented from physically being with their family. It is like Canada is taking away my right to parent my children and raise them as Mi’kmaq. This is not because they are any less Mi’kmaq than any status Indian person, but is solely because Canada has never shifted its position of assimilation. Canada is saying that they are not Mi’kmaq, but instead Canadian citizens who must adopt a different culture, identity, world view and even potentially a different place to live. Canada is ensuring that those children who are not stolen from us by Child Welfare agencies will still be removed from us by the Indian Act. This kind of law and policy which targets our children is one of the greatest threats to our future. Some of the more superficial persuasion might tell me to ignore all that and focus on my career and professional identity as a lawyer, but even my professional identities are challenged and belittled by state actors and society simply because of my Indigeneity. As an Indigenous person, my being a lawyer means that I am automatically part of Flanagan’s ABORIGINAL ELITE who are assumed to have never suffered the poverty and discrimination of “real” Indians but take advantage of all their benefits and affirmative action programs. Similarly, as a lifelong VOLUNTEER AND ACTIVIST, I have dedicated a great deal of my life to advancing our cause and helping to build capacity within our communities. However, in the Flanagan, Widdowson, Gibson, Tax Payer’s Federation and National Post world, I am part of the ABORIGINAL INDUSTRY that is allegedly “sucking First Nations dry”. With all of these battles, I can see how so many Indigenous peoples become confused about their identities, their relations with their communities and Nations, and with Canada generally. It feels like I have been engaged in this SILENT WAR MY ENTIRE LIFE which began so early that I can’t remember a time when I wasn’t in it. Something as essential to our individual and collective well-being as identity should not be part of the spoils of war. Liberal democracies pride themselves on fostering conditions that allow individuals to live the good life – the life we choose for ourselves. Why then can’t Indigenous peoples choose their own lives? Indigenous peoples have suffered enough with the loss of lands, natural resources, and water ways. They have survived wars against them, relocations, residential schools, the 60’s scoop, overrepresentation in jails, wrongful deaths, murdered and missing Indigenous women, and a whole host of assimilatory laws and policies. Attacking their identities hits us at our core. What is the solution? There are far too many complexities to get into in this blog, which is already too long, but certainly our Indigenous identities must be clearly and completely within our own hands – no more legislative control over who we are. We will likely still have internal struggles to de-colonize ourselves and rid of the divisions within our Nations, but they will be our struggles and we can work it out. In the meantime, legislation like the Indian Act simply cannot endorse gender or other forms of discrimination. Any initial cost that there might be to Canada will be far outweighed by the costs saved down the road. Poor health, violence, and suicide that results from people without an identity – people without hope or purpose – cost Canadians far more than healthy, secure communities. I aspire to be a contributing citizen of a strong, vibrant, inclusive Mi’kmaq Nation, which is self-determining and encourages participatory governance over our land and resources, international and inter-tribal relations, and economies that are based on our traditional values and principles that have evolved to address modern situations. That’s my aspiration for myself and my children so that my grandchildren and great grandchildren will never have to serve in this war against our identities and can instead focus on re-building the spirits and relations of our Nations.