Warrior Life Studios

Pam Palmater

Tag: police violence

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

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

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

    The Honourable Michel Bastarache, Independent Assessor

    RCMP’S TOXIC CULTURE

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

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

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

    RCMP CULTURE EATS POLICY

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

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

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

    Canada Should Declassify, Deconstruct and Defund the RCMP

    SEXUALIZED VIOLENCE

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

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

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

    National Action Plan to End Violence Against Indigenous Women and Girls

    RCMP TARGETED INDIGENOUS WOMEN

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

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

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

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

    Those Who Take Us Away: Human Rights Watch

    FEW BAD APPLES MYTH BUSTED

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

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

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

    Brenda Lucki Must Go: Maclean’s

    RCMP CANNOT BE FIXED FROM WITHIN

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

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

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

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

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

    Inquiry Needed into Police Violence against Indigenous Peoples

    WHAT’S NEXT?

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

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

    We need Canadians to call on Canada to:

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

    Pamela Palmater: Educating the Resistance.

  • Check your White Male Privilege Andrew Scheer

    Check your White Male Privilege Andrew Scheer

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

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

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

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

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

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

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

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

  • Saskatchewan: The Land of Living Skies and Lethal Racism

    Saskatchewan is known as the “land of the living skies” for its breathtakingly colourful northern lights. It is also one of the most beautiful prairie-provinces in Canada, with stunning purple sand beaches and the incredible Sahara-like Athabasca Sand Dunes that stretch for nearly 100 kilometres. The province also boasts over 100,000 lakes and rivers, making it nearly 12% water. The diverse Indigenous Nations which have thrived on these territories since time immemorial have tied their customs, practices and traditions, and even their traditional Indigenous knowledge systems to the life-giving resources from these rich lands, waters and eco-systems. The very land that has sustained the Nehiyaw, Anishinabe and other Nations for thousands of years is firmly rooted in their identity as individuals, families, and Nations. Sadly, Saskatchewan is also well-known as one of the most racist provinces in Canada. With colonization and the clearing of the plains, came brutal acts of genocide, land dispossession and violent racism against First Nations – a legacy that has and continues to be a lethal reality for First Nations.

    Saskatchewan is the home to farmer Gerald Stanley, who shot and killed an unarmed First Nation youth, Colten Boushie, in cold blood in 2016, but was found not guilty by an all-white jury two years later – a result that shocked the nation. But it’s not just white farmers killing Indigenous peoples – 62.5% of people who died from police encounters in Saskatchewan were Indigenous, despite being only 11% of the population. But this should not come as a shock to anyone. It wasn’t that long ago in 2004 that the Neil Stonechild Inquiry exposed the Saskatchewan police practice known as “Starlight Tours” to the world. Starlight Tours occur when police officers detain Indigenous youth, drive them out of town and leave them stranded in sub-zero temperatures causing their deaths. While this racist practice was well-known by First Nations as common practice, Canada had a hard time accepting the persistence, prevalence and lethal nature of racism in this country. Meanwhile, the rate of murdered and missing Indigenous women and girls continued to climb.

    In 2014, the Royal Canadian Mounted Police (RCMP) released a report on the “known” cases of murdered and missing Indigenous women and girls in Canada which showed that Indigenous women and girls make up only 2.5% of the Canadian population, but 16% of the murder victims in Canada. However, Saskatchewan had the highest provincial rates – 55% of all murders of women were Indigenous. This unique intersection of racism and misogyny creates a situation where sexualized violence is perpetrated against Indigenous women and girls at alarming rates with relative impunity, and by all walks of society. While it is true that domestic violence is part of the issue, many of the murders and acts of sexualized violence were committed by society – doctors, lawyers, teachers, judges, social workers, foster parents and even police officers. Human Rights Watch released a report about police officers in Saskatchewan who commit sexualized violence against Indigenous women and girls in their custody, including sexual harassment, assault, invasive strip searches by male officers, and groping.

    Racialized violence, abuse and neglect of First Nations is so ingrained in Saskatchewan that it is not only reflected in societal attitudes, but those of its governing bodies and agencies. Nowhere are the socio-economic conditions worse for First Nations than in the sister provinces of Manitoba and Saskatchewan. More than 80% of all children in care in Saskatchewan are Indigenous – second only to Manitoba’s 90% – primarily due to discriminatory agency practices or conditions of poverty from chronic and discriminatory government under-funding of core social services. Racism has a multiplier effect where not only are Indigenous children wrongly apprehended, but because of that race-based apprehension, they are less likely to get a high school education, and more likely to end up in youth corrections. More than 2/3 of all Indigenous peoples in prison were in the child welfare system. It should be no surprise then that Indigenous foster girls are also over-represented in murdered, missing, and sex trafficked and those exploited in the child porn industry. Human traffickers know exactly where to get them – foster and group homes.

    These multiple, over-lapping crises rooted in racism and violence against Indigenous peoples is getting worse. The Supreme Court of Canada, the federal Office of the Correctional Investigator, the Auditor General, child welfare advocates, and numerous United Nations human rights bodies, together with countless research findings, commissions, inquiries and coroner’s reports all point to continued failures by federal and provincial governments to take concrete action to stem or reverse these crises. This failure, which is nothing less than colossal in Saskatchewan, sends the very toxic message to society that Indigenous lives have less value. Despite all the symbolism in a post-TRC report Canada, provinces like Saskatchewan have made very few substantive changes that have addressed any of these issues. All the political meetings, negotiation tables, and other so-called partnership initiatives haven’t stopped the suffering of the people – instead conditions are getting worse.

    This is the reason that Idle No More was born. Not only did this organic social movement grew from Indigenous grassroots community members – it was inspired by federal and provincial government inaction on these social issues and their constant breach of our Aboriginal and treaty rights. Omnibus bills to remove protections for the many lakes and rivers which make up Saskatchewan, together with provincial leases, permits and other authorities for corporations to continue to steal from Indigenous lands helped inspire a Saskatchewan born, nationwide movement to demand action. Idle No More wasn’t the first public show of protest over racial injustice, and it won’t be the last. First Nation family members of lost loved ones organized the Justice for Our Stolen Children Camp to again raise awareness and demand action. Their message was simple – the gross injustices committed against First Nations peoples in the name of racism and misogyny, like poverty, homelessness, over-incarceration, over-representation of our children in foster care and murdered and missing Indigenous women and girls – are all getting worse, not better.

    It would appear that Saskatchewan’s Premier is wholly detached from the problem. His focus seems to be on maximizing extraction of resources from First Nation lands; ignoring Aboriginal, treaty and lands rights; and clearing the legal playing field for more violence. In his recent Throne Speech, Moe announced that he will pass “trespass” legislation to allow more policing in “rural” areas. His focus is on the property rights of rural farmers without any mention for the safety of rural First Nation communities. We all know what this means. More laws to protect farmers who may hurt or kill other First Nations youth. His plan is eerily similar in nature to the bills proposed in the United States by certain states, to protect those (white people) who run over protesters with their cars, for example. Then add to Moe’s trespassing legislation, the fact that he is planning to arm conservation officers with AR-15 type carbine rifles! The very same conservation officers, who have recently been authorized to enter reserves through an MOU with the Federation of Sovereign Indigenous Nations (FSIN).

    There is a political storm brewing in Saskatchewan that further risks the lives of First Nations people. Trespass legislation and semi-automatic weapons are the not answer. Land and resource transfers back to First Nations, ending discriminatory practices, implementing treaty rights – all of those would contribute to justice for First Nations. Pumping more weapons into First Nation territory will only lead to more deaths.

    It is long past the time that the province of Saskatchewan take real steps to stem the race-based violence and deaths of First Nations from whose lands and waters every single resident of Saskatchewan benefits.

  • National Inquiry or National Disgrace? Trudeau’s Next Step is Critical

    Before being elected Prime Minister, Justin Trudeau told Canadians and First Nations that there was no more important relationship to him than the one with Indigenous peoples. To this end, he promised to engage with First Nations on a Nation-to-Nation basis where free, informed and prior consent means a veto. Once elected, he reiterated his promises:

    (1)   Engage in a Nation-to-Nation relationship with First Nations;

    (2)   Lift the 2% cap in First Nations education;

    (3)   Review and repeal all the legislation former Prime Minister Harper imposed on First Nations without their consent;

    (4)   Implement all 94 Calls to Action from the Truth and Reconciliation Report, which includes implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

    (5)   Complete a national inquiry on murdered and missing Indigenous women and girls.

    https://www.liberal.ca/realchange/justin-trudeau-at-the-assembly-of-first-nations-36th-annual-general-assembly/

    True to his word, Trudeau’s first order of business was to mandate Indian Affairs Minister Carolyn Bennett, Justice Minister Jodi Wilson-Raybould and Status of Women Minister Patti Hajdu to develop an approach and mandate for an inquiry into murdered and missing Indigenous women and girls to find justice for them. By mid-December 2015, the first engagement sessions were held with the families of murdered and missing Indigenous women and girls, Indigenous women and their representative organizations, Indigenous leaders, and human rights experts to determine the scope and process of the inquiry. While these meetings were ongoing, Canada accepted written submissions and also engaged in an online survey regarding the scope and process for the inquiry.

    http://www.aadnc-aandc.gc.ca/eng/1448638260896/1448638282066

    It is important to note that both the pre-inquiry engagement process and the inquiry itself were to be done within a new political context – one which focused on openness. Trudeau promised to “bring new leadership and a new tone to Ottawa” and “set a higher bar for openness and transparency in government”. In fact, he went so far as to say that “Government and its information should be open by default.” His reasoning for doing so was to ensure that Canadians can trust their government and that government remains focused on the people it is meant to serve. All of these promises come straight from the Ministerial mandate letters.

    http://pm.gc.ca/eng/ministerial-mandate-letters

    As promised, the government posted the dates and locations of meetings; posted overviews of each session online; and issued a summary report of what they had heard once the pre-inquiry sessions had ended in March 2015. Out of respect for what seemed to be a mostly positive process, most leaders and advocates held back their commentary in hopes that the next stage would soon follow.

    In the months which followed, none of the mandated Ministers reported on what was happening with regard to the inquiry. Some of us were wondering when they would establish a table to begin jointly drafting the Terms of Reference based on the input from these sessions and begin the process of jointly choosing the commissioners for the inquiry. Such a table was never established. Instead, we only found out that the Terms of Reference were in fact being unilaterally drafted by federal and provincial governments when they were leaked to the press. Shortly thereafter, the names of the Commissioners were also leaked. This is when it became very clear that the government reverted to its old secretive ways and had no real intention of working on a Nation-to-Nation basis with First Nations. It was clear Trudeau’s commitment to openness, transparency and working in partnership with Indigenous peoples had ended.

    http://aptn.ca/news/2016/07/20/leaked-document-appears-to-give-broad-powers-to-mmiw-national-inquiry/

    http://www.theglobeandmail.com/news/national/missing-murdered-indigenous-women-inquiry-unlikely-to-have-mandate-to-review-police-conduct/article31020957/

    Despite Trudeau’s personal promise made at the Chiefs in Assembly that the “process by which it [inquiry] is established will be fully inclusive”, numerous requests to be a part of the drafting process, and be provided direct updates and briefings from the INAC Minister’s office, were either met with silence or commitments cancelled at the last minute. It was obvious that the government was playing politics with one of the most urgent issues ever to face Canada – the very lives of Indigenous women and girls. The renewed Nation-to-Nation relationship with Indigenous peoples was supposed to be based on “recognition of rights, respect, co-operation and partnership”. Trudeau had mandated these and other Ministers to work to gain the trust of Indigenous peoples and Canadians by demonstrating “honesty and willingness to listen”. Clearly, these Ministers have lost their way in regards to the national inquiry.

    Being completely excluded from the drafting of the Terms of Reference and choosing the Commissioners was bad enough, but to face the wall of silence and exclusion made things much worse. Some of the families started to lose faith; Indigenous leaders were forced to speak out; and some Indigenous and allied advocates were pushed to raise their concerns publicly, since the direct route had been cut off. To make matters worse, the content of the draft Terms of Reference that were shared by the media, was a real slap in the face to many of those who participated in the engagement sessions, who made written submissions and/or who have tried to work very hard with various Ministers’ offices. The Terms of Reference did not reflect what was recommended by various United Nations human rights bodies, human rights organizations, legal experts, Indigenous leaders, Indigenous women’s organizations, Indigenous experts, or by the families.

    http://www.theglobeandmail.com/news/national/families-feel-shut-out-after-draft-mandate-of-missing-murder-inquiry-leaked/article31071602/

    https://warriorpublications.wordpress.com/2016/07/27/protesters-accuse-manitoba-government-of-stalling-mmiw-inquiry/

    http://www.cbc.ca/news/canada/british-columbia/terms-of-reference-mmiw-inquiry-lack-teeth-1.3689319

    While there are many concerns with the draft Terms of Reference that were leaked by the media, the following is a brief overview of the main concerns as expressed by a variety of Indigenous women, families, leaders, experts and human rights allies:

    (1)   Police: There is no specific mandate to investigate police conduct, specifically racism & sexualized violence within police forces towards Indigenous women & girls, their families and First Nations;

    (2)   Evidence: There is no specific authorization for the inquiry to compel federal, provincial, and territorial documents, especially from police forces;

    (3)   Human Rights: The inquiry is not structured within a human rights framework which is a major weakness given Canada’s failure to protect the domestic and international human rights of Indigenous women and girls has been cited as a root cause of the crisis;

    (4)   Jurisdiction: There is no specific authority for the national inquiry to deal with matters  that some provinces may feel are within their exclusive jurisdiction, like the critical issue of child and family services. Similarly, there is no explicit legal clarity around cross-jurisdictional sharing of information that will be required in the inquiry.

    (5)   Participant supports: There is no specific provision to provide protection from police for witnesses who bring forward information about police abuse. There are also no specific supports for travel, legal counsel or language translation.

    http://www.amnesty.ca/news/statement-terms-reference-national-inquiry-missing-and-murdered-indigenous-women-and-girls

    My primary concern is related to the lack of specificity around racialized and sexualized police violence committed upon Indigenous women and girls and how police racism and misogyny impacts their decisions to investigate murders and disappearances or not, and the quality of those investigations.

    As it stands now, there is no specific mandate to investigate failures by police forces to investigate murdered & missing Indigenous women & girls including both solved and unsolved cases, misnamed cases (murders deemed accidents), failures to file reports, failures to protect Indigenous women & girls; police facilitation (direct or indirect) of child prostitution and human trafficking, and the treatment of families and First Nations by police.

    http://www.telesurtv.net/english/opinion/Ontario-Policing-Gang-Rapes-Murders-and-Child-Porn–20160201-0008.html

    This is made all the more problematic by the fact that the draft Terms of Reference specifically directs the Commissioners NOT to investigate anything that could interfere with ongoing investigations – which would include cold cases not touched for over 20 years. Even more shocking is that Commissioners are instructed to send Indigenous families back to the same police forces that abused them, mistreated them or discriminated against them in the first place. Offering “navigators” akin to native court workers to help families deal with police processes is no replacement for a fulsome investigation of police failures and abuses, or the elimination of discriminatory police processes.

     http://www.cbc.ca/news/canada/manitoba/mmiw-inquiry-police-steven-zhou-1.3690860

    Even if one could argue that the current Terms of Reference does not need a specific mandate to review legislation, policies and oversight processes relating to policing and the justice system, the commissioners’ inability to compel police, their notes, or other police-held evidence under current laws and policies would make this implied power useless. These laws have resulted in a high impunity rate for police. If police officers who murdered unarmed racialized men in front of witnesses and on video can’t be compelled to cooperate with their own legislated Special Investigations Unit or share their notes and other evidence, what makes Trudeau think that some non-specific wording in the Terms of Reference will be able to do so? Canada is once again asking us to have faith in justice processes that protect police and harm Indigenous peoples. That is not what trust and partnership is about.

    http://www.cbc.ca/news/canada/ottawa/abdirahman-abdi-siu-investigation-video-evidence-1.3700715

    But Trudeau doesn’t have to take my word for it. Minister Bennett’s own report on the engagement sessions noted that not only should the inquiry be done in a human rights framework, but that the inquiry must address law enforcement – over and above systemic issues within the justice system. Families and experts from all over Canada said they want police accountability, independent reviews of cases, analysis of police racialized and sexualized conduct towards Indigenous women and girls, and the sexual exploitations of Indigenous women and girls.

    http://www.aadnc-aandc.gc.ca/eng/1463677554486/1463677615622

    Trudeau himself promised that the national inquiry would investigate “uncomfortable truths” and seek concrete actions related specifically to law enforcement. While the uncomfortable truth about police racism and sexualized violence, abuse and corruption has been in the public eye lately through media exposing the extensive nature of police abuses – Indigenous peoples have long known about this problem. We need this national inquiry to shine a light on this dark and uncomfortable truth for all to see, so we can put an end to it.

    Prime Minister Trudeau, you made a promise to us. It’s up to you to force your Ministers to fulfill that promise. Convene a table this week so that Indigenous peoples can jointly draft the Terms of Reference and pick the Commissioners. Nothing less with live up to your Nation-to-Nation commitment. It’s never too late.

    Additional resources:

    http://www.telesurtv.net/english/opinion/Systemic-Sexism-in-Canada-Could-Derail-National-Inquiry-20160706-0021.html

     http://www.telesurtv.net/english/opinion/How-Canada-Should-Investigate-Violence-Against-Indigenous-Women-20160307-0016.html

     

     

     

  • National Inquiry or National Disgrace? Trudeau’s Next Step is Critical

    Before being elected Prime Minister, Justin Trudeau told Canadians and First Nations that there was no more important relationship to him than the one with Indigenous peoples. To this end, he promised to engage with First Nations on a Nation-to-Nation basis where free, informed and prior consent means a veto. Once elected, he reiterated his promises:

    (1)   Engage in a Nation-to-Nation relationship with First Nations;

    (2)   Lift the 2% cap in First Nations education;

    (3)   Review and repeal all the legislation former Prime Minister Harper imposed on First Nations without their consent;

    (4)   Implement all 94 Calls to Action from the Truth and Reconciliation Report, which includes implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and

    (5)   Complete a national inquiry on murdered and missing Indigenous women and girls.

    https://www.liberal.ca/realchange/justin-trudeau-at-the-assembly-of-first-nations-36th-annual-general-assembly/

    True to his word, Trudeau’s first order of business was to mandate Indian Affairs Minister Carolyn Bennett, Justice Minister Jodi Wilson-Raybould and Status of Women Minister Patti Hajdu to develop an approach and mandate for an inquiry into murdered and missing Indigenous women and girls to find justice for them. By mid-December 2015, the first engagement sessions were held with the families of murdered and missing Indigenous women and girls, Indigenous women and their representative organizations, Indigenous leaders, and human rights experts to determine the scope and process of the inquiry. While these meetings were ongoing, Canada accepted written submissions and also engaged in an online survey regarding the scope and process for the inquiry.

    http://www.aadnc-aandc.gc.ca/eng/1448638260896/1448638282066

    It is important to note that both the pre-inquiry engagement process and the inquiry itself were to be done within a new political context – one which focused on openness. Trudeau promised to “bring new leadership and a new tone to Ottawa” and “set a higher bar for openness and transparency in government”. In fact, he went so far as to say that “Government and its information should be open by default.” His reasoning for doing so was to ensure that Canadians can trust their government and that government remains focused on the people it is meant to serve. All of these promises come straight from the Ministerial mandate letters.

    http://pm.gc.ca/eng/ministerial-mandate-letters

    As promised, the government posted the dates and locations of meetings; posted overviews of each session online; and issued a summary report of what they had heard once the pre-inquiry sessions had ended in March 2015. Out of respect for what seemed to be a mostly positive process, most leaders and advocates held back their commentary in hopes that the next stage would soon follow.

    In the months which followed, none of the mandated Ministers reported on what was happening with regard to the inquiry. Some of us were wondering when they would establish a table to begin jointly drafting the Terms of Reference based on the input from these sessions and begin the process of jointly choosing the commissioners for the inquiry. Such a table was never established. Instead, we only found out that the Terms of Reference were in fact being unilaterally drafted by federal and provincial governments when they were leaked to the press. Shortly thereafter, the names of the Commissioners were also leaked. This is when it became very clear that the government reverted to its old secretive ways and had no real intention of working on a Nation-to-Nation basis with First Nations. It was clear Trudeau’s commitment to openness, transparency and working in partnership with Indigenous peoples had ended.

    http://aptn.ca/news/2016/07/20/leaked-document-appears-to-give-broad-powers-to-mmiw-national-inquiry/

    http://www.theglobeandmail.com/news/national/missing-murdered-indigenous-women-inquiry-unlikely-to-have-mandate-to-review-police-conduct/article31020957/

    Despite Trudeau’s personal promise made at the Chiefs in Assembly that the “process by which it [inquiry] is established will be fully inclusive”, numerous requests to be a part of the drafting process, and be provided direct updates and briefings from the INAC Minister’s office, were either met with silence or commitments cancelled at the last minute. It was obvious that the government was playing politics with one of the most urgent issues ever to face Canada – the very lives of Indigenous women and girls. The renewed Nation-to-Nation relationship with Indigenous peoples was supposed to be based on “recognition of rights, respect, co-operation and partnership”. Trudeau had mandated these and other Ministers to work to gain the trust of Indigenous peoples and Canadians by demonstrating “honesty and willingness to listen”. Clearly, these Ministers have lost their way in regards to the national inquiry.

    Being completely excluded from the drafting of the Terms of Reference and choosing the Commissioners was bad enough, but to face the wall of silence and exclusion made things much worse. Some of the families started to lose faith; Indigenous leaders were forced to speak out; and some Indigenous and allied advocates were pushed to raise their concerns publicly, since the direct route had been cut off. To make matters worse, the content of the draft Terms of Reference that were shared by the media, was a real slap in the face to many of those who participated in the engagement sessions, who made written submissions and/or who have tried to work very hard with various Ministers’ offices. The Terms of Reference did not reflect what was recommended by various United Nations human rights bodies, human rights organizations, legal experts, Indigenous leaders, Indigenous women’s organizations, Indigenous experts, or by the families.

    http://www.theglobeandmail.com/news/national/families-feel-shut-out-after-draft-mandate-of-missing-murder-inquiry-leaked/article31071602/

    Protesters accuse Manitoba government of stalling MMIW inquiry

    http://www.cbc.ca/news/canada/british-columbia/terms-of-reference-mmiw-inquiry-lack-teeth-1.3689319

    While there are many concerns with the draft Terms of Reference that were leaked by the media, the following is a brief overview of the main concerns as expressed by a variety of Indigenous women, families, leaders, experts and human rights allies:

    (1)   Police: There is no specific mandate to investigate police conduct, specifically racism & sexualized violence within police forces towards Indigenous women & girls, their families and First Nations;

    (2)   Evidence: There is no specific authorization for the inquiry to compel federal, provincial, and territorial documents, especially from police forces;

    (3)   Human Rights: The inquiry is not structured within a human rights framework which is a major weakness given Canada’s failure to protect the domestic and international human rights of Indigenous women and girls has been cited as a root cause of the crisis;

    (4)   Jurisdiction: There is no specific authority for the national inquiry to deal with matters  that some provinces may feel are within their exclusive jurisdiction, like the critical issue of child and family services. Similarly, there is no explicit legal clarity around cross-jurisdictional sharing of information that will be required in the inquiry.

    (5)   Participant supports: There is no specific provision to provide protection from police for witnesses who bring forward information about police abuse. There are also no specific supports for travel, legal counsel or language translation.

    https://web.archive.org/web/20210228122859/http://www.amnesty.ca/news/statement-terms-reference-national-inquiry-missing-and-murdered-indigenous-women-and-girls

    My primary concern is related to the lack of specificity around racialized and sexualized police violence committed upon Indigenous women and girls and how police racism and misogyny impacts their decisions to investigate murders and disappearances or not, and the quality of those investigations.

    As it stands now, there is no specific mandate to investigate failures by police forces to investigate murdered & missing Indigenous women & girls including both solved and unsolved cases, misnamed cases (murders deemed accidents), failures to file reports, failures to protect Indigenous women & girls; police facilitation (direct or indirect) of child prostitution and human trafficking, and the treatment of families and First Nations by police.

    http://www.telesurtv.net/english/opinion/Ontario-Policing-Gang-Rapes-Murders-and-Child-Porn–20160201-0008.html

    This is made all the more problematic by the fact that the draft Terms of Reference specifically directs the Commissioners NOT to investigate anything that could interfere with ongoing investigations – which would include cold cases not touched for over 20 years. Even more shocking is that Commissioners are instructed to send Indigenous families back to the same police forces that abused them, mistreated them or discriminated against them in the first place. Offering “navigators” akin to native court workers to help families deal with police processes is no replacement for a fulsome investigation of police failures and abuses, or the elimination of discriminatory police processes.

     http://www.cbc.ca/news/canada/manitoba/mmiw-inquiry-police-steven-zhou-1.3690860

    Even if one could argue that the current Terms of Reference does not need a specific mandate to review legislation, policies and oversight processes relating to policing and the justice system, the commissioners’ inability to compel police, their notes, or other police-held evidence under current laws and policies would make this implied power useless. These laws have resulted in a high impunity rate for police. If police officers who murdered unarmed racialized men in front of witnesses and on video can’t be compelled to cooperate with their own legislated Special Investigations Unit or share their notes and other evidence, what makes Trudeau think that some non-specific wording in the Terms of Reference will be able to do so? Canada is once again asking us to have faith in justice processes that protect police and harm Indigenous peoples. That is not what trust and partnership is about.

    http://www.cbc.ca/news/canada/ottawa/abdirahman-abdi-siu-investigation-video-evidence-1.3700715

    But Trudeau doesn’t have to take my word for it. Minister Bennett’s own report on the engagement sessions noted that not only should the inquiry be done in a human rights framework, but that the inquiry must address law enforcement – over and above systemic issues within the justice system. Families and experts from all over Canada said they want police accountability, independent reviews of cases, analysis of police racialized and sexualized conduct towards Indigenous women and girls, and the sexual exploitations of Indigenous women and girls.

    http://www.aadnc-aandc.gc.ca/eng/1463677554486/1463677615622

    Trudeau himself promised that the national inquiry would investigate “uncomfortable truths” and seek concrete actions related specifically to law enforcement. While the uncomfortable truth about police racism and sexualized violence, abuse and corruption has been in the public eye lately through media exposing the extensive nature of police abuses – Indigenous peoples have long known about this problem. We need this national inquiry to shine a light on this dark and uncomfortable truth for all to see, so we can put an end to it.

    Prime Minister Trudeau, you made a promise to us. It’s up to you to force your Ministers to fulfill that promise. Convene a table this week so that Indigenous peoples can jointly draft the Terms of Reference and pick the Commissioners. Nothing less will live up to your Nation-to-Nation commitment. It’s never too late.

    Additional resources:

    http://www.telesurtv.net/english/opinion/Systemic-Sexism-in-Canada-Could-Derail-National-Inquiry-20160706-0021.html

     http://www.telesurtv.net/english/opinion/How-Canada-Should-Investigate-Violence-Against-Indigenous-Women-20160307-0016.html

  • 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.

  • Feathers verus Guns: The Throne Speech and Canada’s War with the Mi’kmaw Nation at Elsipogtog

    *As I write this blog, Canada is at war with the Mi’kmaw Nation – again – this time in Elsipogtog (Big Cove First Nation) in New Brunswick. The Mi’kmaw have spoken out against hydro-fracking on their territory for many months now. They have tried to get the attention of governments to no avail. Now the Mi’kmaw are in a battle of drums and feathers versus tanks and assault rifles – not the rosy picture painted by Canada to the international community.

    The failure by the federal and provincial governments, as well as the Houston-based fracking company, Southwestern Energy, to consult with the Mi’kmaw and obtain their consent is what led to the protests all summer. According to their web page: “In March 2010, the company announced that the Department of Energy and Mines of the Province of New Brunswick, Canada accepted its bids for exclusive licenses to search and conduct an exploration program covering 2,518,518 net acres in the province in order to test new hydrocarbon basins.”

    http://www.swn.com/operations/Pages/nb.aspx

    In response, the Mi’kmaw have led peaceful protests at hydro-fracking sites to demonstrate their opposition and protect their lands and resources. They have always asserted their sovereignty, ownership and jurisdiction over their territory. There has been relatively little coverage of their actions, but they have been active for months now. More recently, the company obtained an injunction to stop the protest and it was served on protesters today.

    http://halifax.mediacoop.ca/author/miles-howe

    It is more than coincidental timing – it was obviously strategically calculated with the completion of the Governor General’s Speech from the Throne and the end of the United Nations Special Rapporteur James Anaya’s visit to Canada. This morning, we awoke to reports from the Mi’kmaw of swarms of RCMP dispatched to Elsipogtog to enforce Harper’s aggressive natural resource agenda. He has effectively declared war on the Mi’kmaw.

    http://www.speech.gc.ca/sites/sft/files/SFT-EN_2013_c.pdf

    This is not the first time Canada has declared war on the Mi’kmaw. In 1981, law enforcement led an attack on the Mi’kmaw at Restigouche to stop them from controlling their own Aboriginal fishery. During this attack, Mi’kmaw suffered multiple injuries, some severe and numerous arrests.

    In 1998, the government intervened in Listuguj because the traditional Mi’kmaw government shut down the logging company that was stealing timber from Mi’kmaw lands and because the Mi’kmaw started to harvest their own timber.

    Between 1999 and 2001, Canada once again declared war on the Mi’kmaw Nation at Esgenoopitij (Burnt Church First Nation) in NB to stop them from fishing lobster. This was despite the fact the Mi’kmaw had proven their treaty right to fish lobster at the Supreme Court of Canada. Law enforcement rammed Mi’kmaw fishing boats, injured fisherman and issued numerous arrests.

    All of these actions were done in violation of the numerous treaties between the Mi’kmaw and the Crown which were peace and friendship treaties intended to once and for all end hostilities and work together as Nation to Nation partners. Given that our treaties are constitutionally protected, Canada’s actions are not only tyrannical and oppressive, but also illegal.

    Today, in 2013, the government has once again decided that brute force is the way to handle The Mi’kmaw women, elders, and children drumming and singing in peaceful protest against hydro-fracking at Elsipogtog. Media reports 200 RCMP officers were dispatched, some of them from the riot squad, armed with shields, assault rifles, batons, tear gas, rubber bullets, pepper spray and snipers. Some of the RCMP, in full camo, hid in the woods, while the others formed a large barricade on the highway blocking any movement by protesters.

    The Chief and Council were arrested, as well as numerous other protesters all while scrambling cell phone signals, cutting live video feeds and blocking media access to the site. Reports of RCMP pointing their assault rifles at elders and snipers aiming their scopes at children led to the burning of several RCMP cruisers. Yet, so far, the mainstream media has focused on the burning cars and not the acts of violation and intimidation by RCMP on the Mi’kmaw.

    This heavy-handed deployment of heavily armed RCMP cops against women and children shows Canada’s complete disregard for our fundamental human rights and freedoms, and their ongoing disdain for Indigenous peoples. One RCMP officer’s comments summarized government position perfectly: “Crown land belongs to government, not to fucking natives”. The RCMP have it wrong – Mi’kmaw treaties never surrendered our lands and we are still the rightful owners.

    http://aptn.ca/pages/news/2013/10/17/crown-land-belongs-to-the-government-not-to-fcking-natives/

    Of course, this sounds eerily similar to the words of former Ontario Premier Mike Harris who was reported to have said of the protest at Ipperwash “I want the fucking Indians out of the park”.

    http://www.cbc.ca/news/canada/ipperwash-inquiry-spreads-blame-for-george-s-death-1.666937

    And we all know what happened there – law enforcement killed a peaceful unarmed protester named Dudley George. One might wonder if history is going to repeat itself. If we look to the Speech from the Throne as any indication, Harper has sent Canada on a direct collision course with First Nations – all in the name of resource development.

    Contrary to the Governor General’s introductory comments about Canada using its military force sparingly and that Canada responds “swiftly and resiliently to aid those in need”, the strategic wording indicates a much more ominous plan. Canada’s position vis-à-vis First Nations and natural resources is laid out as follows:

    –        First Nations are incapable of managing their own affairs and Canada will control them and make them accountable via legislation;

    –        Canada owns the natural resources  and will sell them;

    –        Canada will make major investments in infrastructure to protect these natural resources;

    –        Canada will increase military strength to protect Canadian sovereignty; and

    –        Increased military will protect Canada’s economy from terrorism.

    In other words, Canada does not recognize the ownership or rights of First Nations to their lands, waters and natural resources and will expend billions to ensure that no First Nations prevent the extraction of those resources. Canada and its military have referred to First Nations as terrorists before, and will no doubt be labeled as such when they defend their right to say no to mines or hydro-fracking, like in Elsipogtog for example.

    This aggressive display of power and intimidation in Elsipogtog was not met with an equal display of violence. Instead, the women, elders and children continued to drum and chant and pray for the health and safety of their peoples, their Nation and the lands and waters for all Canadians. Instead of scaring people away, this unconstitutional show of force is being met with solidarity blockades all over Canada and the United States.

    Listuguj in Quebec has blocked a bridge; Six Nations in Ontario has shut down a highway, there are protests outside Canadian embassies in New York City and Washington; and hundreds of rallies, marches, protests and blockades planned for later today and tomorrow. The horrific images of police violence at Elsipogtog inspired First Nations peoples all over Canada to collect supplies, send warriors and advocate for justice. Harper has inspired Indigenous resistance and action on the ground. There will be more First Nation protests and blockades in the coming days as well.

    The Idle No More flame that he lit last year has never faded – it was just waiting to be fanned once again. The solution has always been there:

    (1)  Respect the Nation to Nation relationship (our sovereignty and jurisdiction over our governments, lands and peoples);

    (2)  Address the current injustices (crises in housing, education, food, water, child and family services, murdered and missing Indigenous women); and

    (3)  Share the benefits and responsibility to protect the lands, water and natural resources like the treaties envisioned.

    It’s Harper’s move now – more tanks and RCMP violence or a negotiating table? http://www.cbc.ca/player/News/Canada/ID/2412799896/ *Picture taken from Google images.