Tag: land claims

  • Canadians are not racist? Indigenous Invisibility versus the Convenience of Racist Indifference – UPDATED

    This week, former Prime Minister Paul Martin, told the media that the failure to address the many overlapping crises faced by Indigenous peoples is not a problem with Canadians – Canadians are not racist. The problem is with Indigenous peoples – we are invisible. Martin further alleges that Canadians are “a generous people” that will “rise to the occasion” to support others in need – if they are aware of the issue.

    http://www.cbc.ca/news/aboriginal/canadians-not-racist-but-aboriginal-issue-invisible-to-many-says-paul-martin-1.3579731

     

    In my opinion, not only do we have a very deep and long-standing race problem in some segments of Canadian society, but this racism has also infected every level, branch and institution of the municipal, provincial, territorial and federal governments. This race problem is not new. It is in fact, one of the primary root causes of the challenges faced by Indigenous peoples today. Canadians are well aware of both the racism issue and the many over-lapping crises in First Nations.

    Racism in Canada is Real

    The racism experienced by Indigenous peoples in Canada is not just a matter of insult or offence. While there are no shortage of racist, hateful comments made about us as individuals, communities and Nations – the racism we face is lethal. It doesn’t just hurt our feelings – it leads to our pre-mature deaths in a large variety of ways. Scalping bounties led to the deaths on thousands of Mi’kmaw people. There was a higher death rate for Indigenous kids in residential schools than for soldiers in WWII. Thousands of Indigenous peoples are murdered or are disappeared. We have higher rates of disease and injury. And deaths while in the custody of hospitals, foster parents and police show how prevalent racism against Indigenous peoples is in Canada.

     http://crsp.journals.yorku.ca/index.php/crsp/article/view/35220/32057

    This isn’t just my opinion. The Royal Commission on the Donald Marshall Prosecution in 1989 found that he was wrongfully prosecuted and failed by everyone in the justice system because he was native. 1996 Royal Commission on Aboriginal Peoples spoke about racism against Indigenous women. The Aboriginal Justice Inquiry in Manitoba in 1999 admitted the justice system fails Indigenous peoples on a “massive scale”. The 2007 Ipperwash report confirmed that racism in the Ontario Provincial Police was widespread. And there have been many other reports which all speak to the deep-seated racism within Canada and its institutions.

    We’ve known for a very long time that stories in the media about Indigenous peoples draws a high number of racist and hateful comments from all segments of society including teachers, professors, authors, professionals and politicians. In November of 2015, the General Manager and Editor in Chief of CBC News Canada issued a statement explaining why CBC will no longer allow comments on stories about Indigenous peoples. The reason for this is that Indigenous-related stories brought out “higher-than-average” comments which were not only hateful but also racist.

    http://www.cbc.ca/newsblogs/community/editorsblog/2015/11/uncivil-dialogue-commenting-and-stories-about-indigenous-people.html

     

    MacLean’s magazine even went so far as to say that Canada’s race problem is far worse than America’s and part of what makes it so bad is that Canadians keep denying they are racist.

    http://www.macleans.ca/news/canada/out-of-sight-out-of-mind-2/

    In case you require something a little more official, the Ontario Human Rights Commission confirms that Canada has “a legacy of racism – particularly towards Aboriginal persons”.

    http://www.ohrc.on.ca/en/racial-discrimination-brochure

    The fact that Canada is so systemically and overtly racist is one of the reasons why Canada has so many laws against racism and hate speech, including federal and provincial human rights acts, the Criminal Code and the Charter of Rights and Freedoms, and is a signatory to numerous international human rights instruments. There would be no need for these protections if there were no issues around racism in Canada.

    Invisibility versus Racist Indifference

    Let’s just address this fiction before it becomes the new Liberal mantra. Neither Indigenous peoples, nor the many over-lapping crises we face are invisible. While 50% of Indigenous people live in remote reserves, about 50% live in or near urban centres. One can’t walk down the street in Winnipeg or Saskatoon without seeing Indigenous people. In terms of the challenges we face, First Nations like Attawapiskat have put our higher rates of suicide, poverty, homelessness in the forefront and is a prime example of Canada’s racist and differential responses to First Nation crises versus Canadian crises (Walkerton, Halifax, Fort McMurray).

    Trudeau’s uneven response to Fort McMurray and Attawapiskat shows tale of two cities

     

    Indigenous activists like Cindy Blackstock have ensured that Canadians are well aware of the over-representation of First Nations kids in foster care. The Canadian Human Rights Tribunal concluded that the reason for the chronic underfunding and disproportionate number of kids in foster care was because they were native. The problem of racism in Canada means that a tribunal actually had to direct Canada to stop its discriminatory treatment of Indigenous kids – and we are all still waiting for Canada to abide by this decision.

    http://www.cbc.ca/news/aboriginal/canada-discriminates-against-children-on-reserves-tribunal-rules-1.3419480

     

    The Native Women’s Association of Canada led the way with public education and advocacy to focus the country’s attention on the thousands of murdered and missing Indigenous women. Even Canada’s own Attorney General and Office of the Correctional Investigator rang the alarm on Canada’s discriminatory treatment of Indigenous peoples which led to under-funded education systems and prisons over-represented with Indigenous peoples. We are far from invisible, but don’t take their words for it – the numbers speak for themselves.

    In 2010, a study by Environics showed that 60% of Canadians are either somewhat or very familiar with Indigenous issues. This is nothing new. In fact, over the last two decades, at least half of Canadians were familiar with Indigenous issues. The majority of Canadians also believe that the challenges faced by Indigenous peoples are the result of the attitudes of non-Indigenous people and government policies. Since 1993, Canadians have ranked addressing the living conditions on reserve as one of the top priorities. There is absolutely no doubt that Canadians and their politicians know about the issues.

    Focus Canada 2010: Public opinion research on the record Serving the public interest

     

    Idle No More, the largest social movement in Canada’s history, brought the issues of social conditions and unresolved treaties and land claims to the front of the media, government and world’s attention and held it there for nearly a year. But Indigenous peoples didn’t just capture the media headlines in 2012. There have been regular flash points over the last few decades that garnered a great deal of media attention including Listuguj, Oka, Gustafsen Lake, Ipperwash, Burnt Church, Elsipogtog, Caledonia and others. There are few in Canada who could claim that Indigenous peoples are invisible. They may not want to acknowledge the lethal results of this kind of racism, but they are aware it exists. After the Truth and Reconciliation Report, few can deny the racist underpinnings of Canada’s genocidal policies against Indigenous peoples.

    So, no, racism is not a figment of our imaginations. The many tombstones from Indigenous peoples killed at the hands of priests, doctors, foster parents, police and bureaucrats prove otherwise. And, no, Indigenous peoples are not invisible. There isn’t a newspaper, news channel or magazine that hasn’t had pictures of dirty water, run down homes, or deceased Indigenous women as their lead story at some point. And finally, no, most Canadians are not unaware of our dire circumstances. It’s the racist segments of society that make a conscious choice to turn a blind eye to our suffering while running to the aid of their non-Indigenous neighbor.

     

    There are many authors, media commentators and people in society who deny the racist views held by the countless individuals and institutions who have stolen, sterilized, experimented on, scalped, beaten, raped, murdered, and dispossessed Indigenous peoples of their identities, cultures, children, lands, resources and independence. In my opinion, denying the racism which instigates the high level of violence and suffering in First Nations, is itself an act of racism. It is far too convenient to be willfully blind or indifferent to the lethal impacts of racism on Indigenous peoples. Apologies are easy, as are empty diversity policies, and promises for a new relationship. The hard work is in making amends for the damage done and which continues to be done to Indigenous peoples by people and governments which still have racist ideologies and intentions.

    Canada was built on the dispossession, oppression and genocide of Indigenous peoples. Addressing racism now means far more than apologies, photo-ops and fancy words – it means the return of our lands and resources, the recognition of our jurisdiction, and the full implementation of our rights. This means land, wealth, and power changes hands – it means an uncomfortable recognition that Canada benefits from our continued oppression. Justice will require some discomfort. If it isn’t uncomfortable, it isn’t justice.

     

    This isn’t a multi-cultural issue or one of diversity – we are not asking for “equality”, we are demanding justice. If we are going to move forward, we can’t hide behind the convenience of the status quo. We have to be brave enough to shine a light on the problem and work together to address is. Indigenous peoples have many allies in Canadian society – not everyone is racist. Unfortunately, many still hold racist views which threaten our lives.

     

    I think we can all do better than pretend the problem of racism against Indigenous peoples doesn’t exist. While the new theme may be reconciliation, reconciliation is not a process in an of itself – it starts first with the truth. If Canada cannot admit it has a racism problem, then we can never take steps to address it. Let’s continue the conversation in an open and honest way. Racism does exist in Canada. UPDATE: These comments that Mr. Martin said upset me. I’ve had to think about why they upset me so much, because it’s not like I haven’t heard them made many times from many different people. I don’t react to the vast majority of these comments. I know these comments originate from people who are in different places and in different contexts. I believe most people are good people at heart. Most of us love our families and communities and we want to see a brighter future for everyone. So, in fairness to Mr. Martin, perhaps in making those comments, he meant to show faith in Canadian citizens that once they know about Indigenous struggles they will act. His recent interviews seem to suggest that since leaving office, he wants to advocate on their behalf. He recently denounced former Prime Minister Chretien’s comments who suggested that First Nations should leave reserves; he has advocated for improved First Nation education and set up a foundation for that purpose; and he consistently called the chronic underfunding of First Nations social programs discriminatory. My blog was less about him – as a person – and more about the comments in general. I also know that we are in the business of social justice to gain support for our cause. I have been advised by lots of people who have heard me speak that I should tone down my words, be careful not to come on too strong, and to focus on encouraging allies and not make enemies. As a Mi’kmaw person, I am honour-bound to live up to the treaty commitments of my ancestors who promised to live in peace with the settlers. My Dad fought in WWII alongside Canadians to ensure our treaty commitments were kept. He did his despite everything that has been done to us. So, I understand the importance of maintaining allies. I have strong opinions and I share them not to hurt anyone, but to advocate as strenuously as possible for our people, because our lives depend on it. I feel a grave sense of urgency to not lose another generation of babies. I don’t want to see our languages die. I don’t want our lands to become so contaminated we can’t use them for our ceremonies. I have to be honest and say the truth as I see it. I’ve been in ceremonies where elders told me I have no choice but to speak the truth – regardless of the backlash. I have to be honest. Sugar-coating the situation only makes it worse. Sometimes the truth is uncomfortable and sometimes its painful – but its from the truth that we can come up with solutions. Reconciliation requires we go through this painful part to finally heal and make amends. It’s 2016 – there is no good reason to hold onto racist ideologies that allow the discrimination, violence, dispossession and oppression of our people to continue. It’s very frustrating to see our kids be forced into foster care, imprisoned, beaten by police, commit suicide or go murdered and missing every day. Every single day while governments ponder their budgets, edit speaking points and delay justice, another Indigenous man, woman or child suffers. what that politicians meet in wood-paneled offices with expensive meals while they talk about measured justice, first steps and plans for the future, our people still die. People I love still die. This is why I speak and write the way I do. To us, the issues are urgent. We can’t ever get our people back once we have lost them. We have to act now. While the easy answer might be to blame a rogue cop, a psycho serial killer or the KKK, the reality is that there are large segments of Canadian society in positions of power that hold extremely racist views about Indigenous peoples. Harper’s last decade of power is a prime example of how rampant racism is and the impacts it has on First Nations. Racism is not an anomaly. Its not an exception. It’s not about one bad apple – its widespread and it’s killing my people. Most of my friends and colleagues that work, study or volunteer in social justice causes hate answering the phone late at night. We know that it means another Indigenous person has committed suicide, died, been arrested or had their children taken from them. We all dread these calls. Because even though the government may have shifted a priority or the media has left, we are always left with the lived realities of not just inter-generational trauma, but modern-day racist laws, policies and decisions which affect our lives. I think this is why I reacted so strongly to Mr. Martin’s comments. Not because I think he is a racist or that all Canadians are racist. Mr. Martin has helped many individual First Nation people access education funds, he has supported them find employment, he has advocated strenuously in recent years for government to step up and act. On a personal level, he was supportive of my work at Ryerson University and even the work of many of us in the Idle No More movement. I think more people in positions of power should stand up and demand justice alongside our grassroots Canadians and Indigenous Nations. I truly believe we cannot have reconciliation until we can be brave enough to hear the dark truth, challenge one another on our opinions and be critical of what isn’t working. This shouldn’t be taken personally, but social conflict is a necessary part of growth, change and improvement. I apologize to anyone who thought I was saying that ALL Canadians are racist. I know that we have many good allies. In fact, Idle No More helped bring us all together. There has never been so much good will and cooperation between non-government organizations and community groups with Indigenous peoples. We have united to work jointly on child-welfare, anti-poverty, housing and homelessness, climate change and the environment, and human rights. The United Nations Human Rights Committee said last year that they never saw such a united force. I would like to believe that our collective efforts at social justice will make the changes we want to see in Canada. I am sorry that this process won’t be easy, it won’t be speedy, and we won’t always feel like we are on the same side. I hope in the end, you understand why it’s necessary.  

     

     

     

  • UPDATE – TVO's The Agenda Botches Show on Caledonia

    Please be advised – this personal opinion blog is not for the feint of heart. The opinions I express on my website, blog, Tweets and FB updates are my own and my right to express my personal opinion is one of our most valued rights and freedoms in the Canadian Charter of Rights and Freedoms. As I have explained on previous blogs, my personal opinion does NOT constitute legal advice nor should it be relied on as such. Generally, I like watching TVO’s The Agenda with Steve Paiken. I find it far more engaging than the regular media and the host is willing to ask the hard questions. While they are definitely no APTN, the shows on Indigenous issues that I have seen and/or participated in, have been fairly balanced in covering Indigenous perspectives. Their producer, Mark Brosens is generally good about researching the issues and seeking different perspectives. Last night’s show on the situation in Caledonia however, was a striking failure in responsible journalism and a huge disappointment to many viewers. I am not a journalist, nor do I profess any expertise in the area. My knowledge comes from what I have learned, studied and observed. As a lawyer, professor and author, I do have a good idea about what makes good writing and how to cover an issue responsibly. That is not to say that each article must be a research study into all causes and effects, but a minimal context must be laid out for readers. I think I am as capable as anyone in assessing the quality or lack thereof of various issues covered in the media. Last night’s episode of The Agenda not only fell into the trap of considering an issue in a one-sided way, they blamed potential invitees to the show for TVO’s own lack of organization and planning. Steve Paiken, the host, explained last night that the show was envisioned as a round table on the issue of Caledonia that was supposed to have someone from the Ontario Provincial Police (OPP), someone from Ontario’s Ministry of Aboriginal Affairs (OMMA), Blatchford herself, someone from Six Nations and maybe others (presumably subject matter experts like a lawyer or academic who works on these issues). Instead of saying, we screwed up and didn’t get the show together on time, Paiken publicly blamed the invitees and portrayed them as if they didn’t want to debate Blatchford. This of course played into Blatchford’s overinflated ego who quickly agreed. Paiken made it seem as if no one would face Blatchford and I can attest to the fact that this is simply not the case. Contrary to popular belief, many of us Indigenous lawyers, academics, politicians and community members work for a living and have schedules which do not lend well to last-minute arrangements. In a producer’s blog written by Mark Brosens, he explained that he tried to contact the OPP and OMMA who turned down his invitation. I could have predicted that one given all of the legal implications, court cases, and outstanding land claims in Caledonia. Rightly or wrongly, I think there was slim to no chance of getting provincial representatives to speak about Caledonia. That did not, however, prohibit Brosens from contacting experts in political science to come and speak about the policy and political issues from a provincial stand point or from getting an expert in policing issues. Brosens also mentions that he tried to get people from Six Nations to participate in the show but was unsuccessful. He says he tried to get the Chiefs of Ontario to come on the show, but admits (as an aside) that he did not give them much notice. Then the issue which I can speak to personally, is that he says that he tried academics but they ALL “either agreed with Blatchford, or were unavailable, or were camera shy”. That is simply not true. Brosens contacted me as an “expert” in the area and to get my insight on the book and the subject generally. While he did not ask, I specifically offered that if he needed anyone at the last minute to appear on the show, I would do so, as I felt very passionately that TVO should deal with the subject in balanced way. The overall theme of Brosen’s blog was that people were unwilling to go up against Blatchford which is simply not accurate. This is not about Blatchford. It is clearly a production issue. TVO tried to pull this show together at the last minute, they failed to do so, but instead of doing something else, they went ahead with the show anyway and blamed the invited participants for the lack of quality in the show. That is simply not the kind of integrity we expect from TVO. What I found most distasteful about the show was that Paiken turned TVO’s failure into a sensational question which portrayed Blatchford as some kind of expert on Caledonia whom everyone fears. Compounding what was already a poorly produced segment, was that Paiken was overly conciliatory to Blatchford and did not ask any real hard questions of her. He allowed her to portray or imply that Six Nations and Mohawks were terrorists and did not call her on the gross analogy to the terrorist acts of 9-11. While one might like to blame the alarmist tone of the show on their SOLE guest Blatchford, TVO was unfortunately, an equal participant. First of all, the segment was framed as one on “lawlessness” which is sensationalism as its best as well as inaccurate. The fact that TVO paired the Caledonia segment with one on policing and the recent death of a police officer also lent a certain frame to the subject. They couldn’t have set up the segment any worse than had Blatchford done it herself. After improperly introducing the subject of Caledonia and Six Nations as “Grand River of Six Nations”, TVO let Blatchford set the context to the dispute. She did not start with the granting of the Haldimand Tract to the Six Nations, but started with the date of the occupation. As if one day, a bunch of bored Mohawks just got together and decided to protest for fun and from there “its as if the devil threw a party and invited all his friends”. I thought the days of comparing Indigenous people to pagans and heathens were over? Is it really a critical part of understanding the Caledonia situation to repeat degrading quotes about unresolved land claims? Aside from the inherent problems with her book, which I will save for a future blog, the things Blatchford said on the show were, in my personal opinion, inaccurate, alarmist and racist. When I use the term racist, I don’t do so lightly, nor do I use the term as an emotional reaction to something I don’t like. I do so based on what I have read, heard, seen and considered on the issue. There are endless media sources calling her a racist. She has also publicly had to deny being a racist which shows many smarter people than I have made the same conclusion. With regards to the show, her more problematic comments went largely unchallenged by Paiken and include: (1) she says she is not an expert on the subject (which begs the question of how informed her book is or even why she was on the show); (2) that it was an “illegal” protest (but no discussion of the general right to assembly, constitutionally protected Aboriginal and treaty rights, Aboriginal title rights, land claims, etc); (3) the issue was not a land claim and that it was simply a matter of Chief Montour wanting more compensation (which ignores the long history and details of the claim); (4) it should all be blamed on one “entrepreneurial Mohawk” named Joseph Brant who sold the land for his own benefit (again ignoring all the legal and historical records); (5) Calls those who were trying to mediate and negotiate the matter “BS negotiators”; (really? was she on the inside at the negotiations to make that kind of assessment?); (6) Gary McHale was harassed by police and suffered terribly (ignore the fact he was a non-resident of Caledonia, had no interest in the dispute but to deliberately instigate violence)*; and (7) Accused traditional band members of Six Nations of going around intimidating other band members to support the protest (more unsubstantiated claims or perhaps I missed all the convictions of traditional band members in the media???). Paiken, (ironically given TVO’s one-dimensional take on the issue) asked Blatchford why she only dealt with one side of the issue. In defending herself, she characterized Caledonia as “ground zero” after comparing her book Helpless to the work she did at ground zero in New York with the terrorist attack on the twin towers. She explained that when she wrote about ground zero in New York, she didn’t write about the perspective of the terrorists and their claims, so why would she do that here in Caledonia? Some viewers who contacted me after the show felt that this was a form of inciting hatred. Like the Flanagan’s, Gibson’s, and Widdowson’s of the world, we often overlook their right-wing rantings as those of ignorant people who were never taught any better. Perhaps this is what Paiken thought when he sat quietly and accepted Blatchford’s terrorist analogy of the Caledonia situation without calling her on it. However, inviting the public to view First Nations as terrorists on their own lands risks relegating them back to their former colonial-imposed status as “non-humans” deserved of whatever indignities committed against them by the far-from-Helpless majority population who simply want all their land and resources. While there is no changing the views of committed right-wingers like Blatchford, TVO has a responsibility to the public to do their shows with integrity or don’t do them at all. This blog may mean that I never get invited to TVO’s The Agenda again (which would be unfortunate as I like the show and the people) but I would not be true to myself if I did not call TVO on their disaster. Everyone makes mistakes, but it is how you address those mistakes that count. The true test of integrity is whether one is honest about their role in the mistake and owns up to it. TVO – you have some owning up to do. * UPDATE – Shortly after posting this blog, I received an e-mail from Gary McHale threatening to sue me for defamation and demanded an apology. The e-mail is reproduced below and you will notice that he does not deny anything I wrote in my blog: “It has come to my attention that you have decided to defame me on your website. You have posted the following: (6) Gary McHale was harassed by police and suffered terribly (ignore the fact that he was a non-resident of Caledonia, had no interest in the dispute but to deliberately instigate violence) I hope you can prove that I ‘deliberately’ (interesting that you know my motives) ‘instigate violence’. I have six weeks to serve you legal notice but I would hope you would post an apology instead of continuing to violate the law – as a lawyer/professor I would think you would respect the law more. Gary McHale” (garymchale@mountaincable.net) As this is a personal opinion blog and I have never done litigation, I can’t offer the public any advice on the law with regards to either bringing or defending defamation claims. What I can do is share some of the information that is readily available on the internet. For legal advice, I suggest you contact a lawyer if you have any questions. Defamation of character has been defined as the written (libel) or oral (slander) damaging of one’s “good reputation”. Some of you may be thinking – good reputation??? There are several ways in which such a claim may be defended, but one of those defences is referred to as “Fair Comment”. I found the following definition online: “Citizens are entitled to make fair comment on matters of public interest without fear of defamation claims. A good example of this is a letter to the editor on a matter of public concern. The author of the remarks may even go so far as to PRESUME MOTIVES on the part of the person who’s actions are being criticized provided only that the imputation of motives is reasonable under the circumstances. The rule of thumb is that the fair comment must reflect an honestly held opinion based on proven fact and not motivated by malice.” (emphasis added) (Duhaime Law) My honestly-held, personal belief, and opinion about which I wrote this blog is based on countless books, articles, media, and internet sources, some of which I will highlight here for your interest: (1) “What does Canada, Ontario or whoever the fools were who hired Gary McHale to INSTIGATE violence think of his colossal failure?” (emphasis added) (frostyamerindian); (2) “McHale WANTED violence… He brought in skinheads, KKK and other professional instigators and mercenaries from both Canada and the U.S.” (emphasis added)(frostyamerindian); (3) “former politician, David Peterson… called McHale and his gang a ‘bunch of wackos’.” (Mohawk Nation News); (4) Gary McHale is “NOT from Caledonia” (emphasis added). (Ryan Paul); (5) Vigilante militia group set up by “an associate of anti-native sovereignty activist Gary McHale” and “Neo-Nazi groups have long participated in McHale’s various protests“. (peaceculture.org); (6) “Gary McHale … claims FN and 6 Nations are terrorists.” (rabble.ca); (7) OPP Commissioner Julian Fantino explained that: “I want every avenue explored by which we can now bring McHale into court seeking a court order to prevent him from continuing his agenda of INCITING PEOPLE TO VIOLENCE in Caledonia.” (emphasis added) (CBC news); (8) OPP Commissioner Fantino further stated: “We should be able to prove to court that McHale’s forays into Caledonia have been PLANNED and executed for PURPOSES of breaching the peace which today also resulted in VIOLENCE. We can’t allow this vicious cycle to continue…”. (emphasis added) (CBC news). Regarding his “reputation”, McHale posts many negative comments about himself on his own website and could hardly claim he has any remaining reputation that could possibly be tarnished by my blog. I would post examples, but I prefer to keep my blogs profanity-free out of respect for the younger folks who read my blogs and cite them in their school work. 🙂 My father always told me that only narcissists think that the whole world revolves around them and that most “protests” are simply desperate attempts to get attention. I have had rare occassion to consider his specific advice, but can see now what he meant. This of course presents the dilemma of whether to respond and give the narcisist his desperately-desired attention or not respond and risk the public believing the hateful misinformation. I still wrestle with this dilemma. Despite this brief update meant to address some petty non-sense, I would ask that readers please focus on the original message of my blog being about TVO and how they might learn from their mistake with this show and perhaps make an effort to do better the next time.