*Originally published in Globe & Mail Feb. 27, 2020
CANADA’S INDIAN POLICY HASN’T CHANGED MUCH
After the events of the past few weeks in Canada, one thing remains clear: Canada’s Indian policy hasn’t changed much since its inception. Indian policy has always had two objectives: to obtain Indian lands and resources and to reduce financial obligations to Indigenous peoples acquired through treaties or other means. Its primary methods were elimination or assimilation of Indian
Colonial governments had a long history of scalping bounties to kill specific groups of Indigenous peoples, using small pox blankets to increase death rates from disease and forced sterilizations to reduce the populations. Even Confederation did not dispense with the violent colonization of what would now become known as Canada. Canada’s first prime minister, Sir John A. Macdonald, told the House of Commons in 1882: “I have reason to believe that the agents as a whole … are doing all they can, by refusing food until the Indians are on the verge of starvation, to reduce the expense.” Canada was fully engaged in clearing the lands, by any means necessary.
Now referred to as Indigenous reconciliation, the goal is still the same: to clear the lands of Indigenous peoples in order to bolster settlement and extraction of resources. This singular focus formed the basis of the violent colonization of Indigenous lands and peoples and, ultimately, is why Canada has been accused of genocide by the National Inquiry into Missing and Murdered Indigenous Women and Girls. Canada’s complex set of laws, policies, practices, actions and omissions have created an infrastructure of violence toward Indigenous peoples and the continued dispossession of their lands.
This is at the heart of the devastating socio-economic conditions of many Indigenous peoples today, including multiple health crises such as diabetes, heart disease and strokes, lower life spans, higher rates of mental illness and some of the highest suicide rates in the world. These genocidal policies also serve to remove Indigenous peoples from their lands through high foster care rates, killings and disappearances of Indigenous women and girls and the skyrocketing incarceration rates.
Genocide in Canada
APOLOGIES VERSUS LAND BACK
Despite carefully worded apologies and promises of a better relationship, none of these conditions has changed and, in fact, most are getting worse. Add to this that First Nations have less than 0.02 per cent of all their lands left – mostly in tiny reserves controlled by the federal government. Political rhetoric about supporting Indigenous self-determination means very little when we are denied access to our lands and resources.
We need to be honest about what is going on. There never was any real intention of recognizing Indigenous land rights – whether under Indigenous laws, Section 35 aboriginal and treaty right protections in the Constitution Act, 1982, or by implementing the United Nations Declaration on the Rights of Indigenous Peoples. It has been painfully clear, at every flashpoint in Canada’s history, that it is willing to starve Indigenous peoples into submission or imprison them to access their lands.
This is at the heart of what is happening across Canada over the past few weeks. The Wet’suwet’en Nation, as represented by their traditional government, acting on Wet’suwet’en laws and decision-making protocols, have said no to pipelines on their traditional territory. While five of the six band councils within the Nation have allegedly agreed to the pipeline, their jurisdiction extends over their reserve lands. It is the hereditary leaders who have the legal jurisdiction over their traditional territory, to decide whether the pipeline can cross their pristine forests and rivers.
The Supreme Court of Canada had already acknowledged in the Delgamuukw case that these were the proper representatives to bring a claim of aboriginal title. Eight of these leaders have said no to the pipeline. Despite this, the RCMP invaded their territory and forcibly removed them from their lands – counter to Wet’suwet’en law, Canadian law and international law. UNDRIP, which is now implemented in British Columbia, prevents the forced removal of Indigenous peoples from their lands. This flagrant breach of Canada’s own rule of law is why the peaceful solidarity actions started all over Canada.
This is also why these actions will continue. Every time law enforcement is sent in to the clear the lands of the “Indians” to make way for pipelines and extraction of resources, you will see more and more Indigenous nations and Canadian allies stand against this injustice.
The real issue has always been about the land. The way forward is recognition of our right to be self-determining over our own lands and resources.
Anything less is just the same old Indian policy that invites more uncertainty and social conflict. Canada can do better. It’s time to move past genocide and work toward respect for Indigenous land rights.
#LANDBACK
*This article originally appeared in The Globe and Mail on February 27, 2020 and updated on February 28, 2020 and can be found here:
AUDITOR GENERAL REPORT ON CLEAN WATER IN FIRST NATIONS
Prime Minister Justin Trudeau had no problem finding $7 billion dollars to buy Trans Mountain oil pipelines – so, where’s the money to pay for clean water pipelines in Indigenous communities? It may be hard to believe, but many First Nations in Canada still lack access to clean drinking water.
This week, the Auditor General for Canada (AG) released her report on whether Canada is providing enough support to ensure that First Nations have access to safe drinking water. The answer was a clear no. This is despite the Liberal government’s promise back in 2015 to eliminate all long-term drinking water advisories in First Nations by March 2021.
The report entitled “Access to Safe Drinking Water in First Nations Communities” found that federal policies and funding amounts did not align with its promise to end all long-term drinking water advisories (DWA) on reserve. But the story doesn’t begin or end with DWAs – that is only the tip of the iceberg. Auditor General Report on Clean Water
WHEN DID THE FIRST NATION WATER CRISIS START?
This crisis has been a long time in the making. First Nations would not be struggling to protect and access clean water if our sovereign jurisdictions, laws, and governing powers over our traditional territories and resources were respected. Canada has created and maintained this First Nation water crisis after generations of colonization, genocide, land dispossession, and control of our water sources.
And no, there is nothing in any of the treaties that explicitly stated the Crown could take all the water, control it, monetize it, and then deny access to clean water to First Nations. But that is exactly what has happened, despite the fact that the United Nations has recognized access to safe drinking water as a human right over a decade ago.
Canada continues to act as an outlaw, breaking Indigenous laws, its own domestic laws, and international laws in relation to human rights. When it comes to the basic human rights of Indigenous peoples – including the right to access, govern and protect water sources – Canada literally ignores its so-called “rule of law”. The continued failure to provide clean drinking water to First Nations or other Indigenous communities like the Inuit, is a prime example of systemic racism.
The Crown first steals Indigenous lands, resources, and waterways through fraud, deception, and countless breaches of its own laws, and then reserves unto itself jurisdiction in the Constitution Act 1867 over “Indians and lands reserved for the Indians”. In other words, the federal government has assumed legal and financial responsibility for both water and water infrastructure on First Nations reserves. Canada’s willful neglect of its assumed obligations has left numerous First Nations communities without clean water.
WHAT IS THE FIRST NATION WATER CRISIS?
First Nations have been calling on the federal government to address the lack of access to clean water for decades. In 1995, Health Canada and Indian and Northern Affairs Canada (INAC) found that 25% of water systems on reserve posed health and safety risks. In 2001, INAC found “significant risks” to water quality and safety in 75% of water systems on reserve – a shocking number.
A decade later in 2011, INAC reported to the AG that more than 50% of water systems still posed significant risks to community members. In 2014, it was 43% of water systems in trouble and in 2021, and that risk level hasn’t changed.
At a press conference about the AG’s report, Indigenous Services (ISC) Minister Marc Miller said that while they had hoped to address all long-term drinking water advisories, they lost “a construction season” due to the pandemic. One construction season? If we only start the clock from 1995 forward, then they’ve lost 25 years of construction seasons.
The AG pointed out that the delays by ISC were there long before the pandemic and referenced previous AG reports that have consistently raised concerns about the lack of clean drinking water in First Nations.
And let’s not forget the numbers here. In addition to the 60 long-term DWAs that are left to be resolved – half of those have been in place for more than a decade. Imagine an entire decade in Fredericton, Toronto, Winnipeg or Saskatoon without clean drinking water, where there was only enough water to bathe once a week. That would NEVER be tolerated anywhere else for any other community, but those in First Nations. The situation would be treated as the urgent crisis that it is.
FEDERAL POLICIES FOR WATER ON RESERVE ARE DECADES OLD
The federal government’s less than sincere commitment to urgently address the water crisis in First Nations is betrayed by the fact that their policies are decades old. The sad reality is that no one in the federal government has been concerned enough about the health, safety, and well-being of First Nations families, to treat the lack of access to safe drinking water as a crisis.
In fact, over the years, AG reports found that the federal government couldn’t even be bothered to do annual inspections for all the water systems, despite their medium to high-risk. It’s as if the words “significant risks” to community members were merely notations in a report and not significant warnings for risks to health, safety and well-being of First Nations.
The Auditor General also noted that some of the federal government’s policies in relation to water systems on reserve are decades old and some were written in the 1960’s. She further noted that they have not amended their policy in relation to funding for the operations and maintenance of water systems on reserve for over 30 years.
This means that the funding that the federal government provides to First Nations to maintain their water systems, does not take into account new technologies, the actual costs to maintain the systems and/or the risk-level and actual condition of the water systems. On top of that, they only provide up to 80% of the costs determined by this outdated policy, while at the same time paying First Nation water operators 30% less than the rest of Canada.
Is there any wonder why the federal government is constantly chasing long-term drinking water advisories and never seems to catch up? The ever-changing number of First Nation communities without clean water should be considered a national emergency – something that can and should have been rectified by now.
Think about it this way: if your roof has a leak and it would cost $10,000 to repair but you only “invest” $1,000, what happens? Well, your roof is not entirely fixed, so it continues to leak, causing more damage to the roof and the rest of the house. The next year, it will cost you $30,000 to fix the roof and the extra repairs for the house. Partial solutions to the water crisis serves to make the problem worse.
This is the point the AG made: “If funding to operate and maintain water systems is insufficient, water systems may continue to deteriorate at a faster-than-expected rated.” This is exactly what has happened.
THE NUMBERS SHELL GAME – HOW MANY FIRST NATIONS COMMUNITIES ARE WITHOUT WATER?
It’s important to dig into the numbers to truly understand the full scope of this problem. The AG’s report was limited to only 1,050 “public water systems” in 600+ First Nations. This is because ISC’s water policies and funding formulas do not provide support for those who rely on wells or cisterns. Worse than that, their water policies do not support those First Nations without any running water, let alone clean water!
And this isn’t a small number. More than one third of all households on reserve are in the category of wells and cisterns, or have no running water at all. So, the number of First Nation communities without access to clean water is a far bigger problem than it would first appear.
It’s also important to look at how ISC has differentiated between short-term and long-term DWAs. The government seems to be congratulating itself for having “only” 60 long-term DWAs left, meanwhile over the same period, the AG confirmed that there were 1,281 short-term DWAs.
More than 10% of those short-term DWAs were for periods of two months or more. But worse than that, the AG also found some First Nations had multiple short-term DWAs, that when added up, were more than a year in total cumulative length. But they don’t get counted in long-term DWAs, which effectively misrepresents the seriousness of short-term DWAs. Further, with long-term DWAs, they get counted as “lifted” or “resolved” if temporary measures are made to bring in water – even if the deficiencies in the water system have not been remediated.
DWA numbers are clearly not the most transparent or effective way to measure whether or not the water crisis has been remedied. The more transparent measure would be whether each household on First Nation reserves and each daycare, school, healthcare centre, community building, and business, has consistently safe, reliable, clean drinking water and sanitation. These numbers could easily be recorded as an aggregate and disaggregated set of statistics.
That’s the number that matters – how many First Nation households are without access to clean water – not how many DWAs you lifted one day, but were re-imposed the next. That’s a shell game that only serves to hide a much larger problem and certainly doesn’t respect the human right of First Nations to access clean water.
Canada brags about having 84,000 kms of pipelines all over the country servicing the oil and gas industry. When confronted with losing the Trans Mountain oil pipeline, Trudeau managed to find $7 billion dollars in a hurry to buy it. So, where are the pipelines bringing clean water to First Nations Trudeau?
There are mancamps full of thousands of mostly men flown into First Nation territories, in even in the remotest of places, that have access to healthcare, safe, mould-free housing, healthy food, and clean drinking water and sanitation. So, where is the healthcare, housing, food, and clean water for First Nations?
Canada’s military brings millions of litres of fresh water to other countries in emergencies – so where’s the clean water for First Nations? Canada has spent more than $240 billion dollars on pandemic relief measures, but there isn’t enough money to ensure that no First Nation goes without access to clean water during a pandemic? This isn’t a matter of lack of resources, these are conscious policy choices being made to breach the rights of First Nations, with significant impacts to their physical and mental health and well-being.
Minister Miller says they lost a construction season during the pandemic and that’s why they couldn’t address the water crisis. Yet, the construction season for oil and gas pipelines, the tar sands, mining projects and other extractive projects and infrastructure continued during the pandemic. But construction couldn’t proceed on water pipelines? These excuses are unacceptable.
No one is buying the excuses made by Liberal politicians anymore. The reason all First Nation households don’t have access to clean water is widespread, longstanding, systemic form of racism and a denial of basic human rights.
It is the same reason why there is a housing crisis on reserve; a humanitarian crisis of First Nations children in foster care; crisis-level incarceration rates of First Nations; and why there are thousands of murdered and missing Indigenous women and girls in this country. Policy choices are being made by bureaucrats with full knowledge of the harms inflicted.
HOW CAN CANADIANS HELP ADVOCATE FOR ACTION ON CLEAN WATER FOR FIRST NATION COMMUNITIES?
Until we address the racism in Canada’s laws, policies, and practices, we’ll never end the ongoing breaches of human rights against First Nations or their current lack of access to clean water. There is no such thing as incremental equality or partial human rights. You either have them or you don’t. And clearly, First Nations have neither equality nor the protection of human rights.
We need Canadians to stand up and say this isn’t right. We need Canadians to use their voices, their numbers, their powers and spheres of influence to demand better. Demand that the federal government bring every resource to bear to ensure safe, reliable, clean drinking water and sanitation to every single household on First Nation reserves. Not in two years, three years or after the next election – but this year. Next year’s reports need to count First Nation households without access to clean water and sanitation – not DWAs.
You can send emails, letters and petitions to Ministers, MPs, Senators and even the Prime Minister. You can withhold political and public support for politicians and make it conditional on ending the crisis. You can use your research, social media or publicity skills to support First Nations educate the public. There is no end to what Canadians can do. Now that you know better, you can put that knowledge into action for justice.
CONCLUSION
Canada needs to treat this water crisis as the national emergency it is and work in partnership with First Nations to address the entirety of the crisis – not just long-term DWAs. Canada needs to treat this situation with the same priority, urgency and resources as if this was in their own backyards.
We all know it would only take a week without access to clean water for any of these politicians to call in the army in their town or city if this happened to them. So, they need to stop with the excuses and simply get it done. And while they are at it, they should also return some of the lands, resources, and waterways they took – so this isn’t a problem in the future.
Access to clean water for all First Nations should never be considered a policy option.
Imagine living in a country, where hospitals refused to treat you for a stroke, because the doctors and nurses assumed you were drunk? Imagine further, that the emergency room doctor refused to treat your young child for epilepsy, because they assumed she was on drugs? Well folks, that country is Canada.
It doesn’t sound like the Canada you know. It doesn’t seem to reflect Canada’s world-renowned medical experts and hospitals. Nor does it seem to jive with Canada’s impressive array of human rights protections. Yet, if you are Indigenous in Canada, you can expect this kind of treatment and worse – even in Canada’s best hospitals in British Columbia (BC).
Just before the holidays, a report was released which confirmed what most Indigenous peoples already knew – that racism against Indigenous peoples, especially First Nations peoples – is widespread in BC’s healthcare system.
IN PLAIN SIGHT
The report entitled – In Plain Sight: Addressing Indigenous-specific Racism and Discrimination in B.C. Health Care – was written by Dr. Mary Ellen Turpel-Lafond who was the first, First Nations judge appointed to the Provincial Court of Saskatchewan; was the former Child and Youth Advocate in BC; and now the independent investigator for this report.
She had been appointed by BC’s Minister of Health to conduct a review of racism against Indigenous peoples in BC’s healthcare system. Dr. Turpel-Lafond and her Indigenous-led team engaged in four months of investigations, which included:
talking to 9,000 people from BC;
reviewing 185,000 data sets including more than 900 studies; and
logging 600 cases via their 1-800 number and website.
The report – which includes both its core findings and recommendations – contains numerous examples of Indigenous peoples given substandard medical treatment or no treatment at all in hospitals and healthcare facilities of all kinds. In some cases, individuals were treated so poorly, that they refused to go back for treatment and this was especially true for Indigenous women.
There were 11 main findings divided into (a) the problem of Indigenous-specific racism and (b) the problem with current solutions – both of which provide significant insight into the lack of accountability for racism and the harm it causes Indigenous peoples in BC’s healthcare systems.
Her main findings in relation to anti-Indigenous racism were as follows:
Widespread Indigenous-specific stereotyping, racism and discrimination exist in the BC healthcare system;
Racism limits access to medical treatment and negatively affects the health and wellness of Indigenous peoples in BC;
Indigenous women and girls are disproportionately impacted by Indigenous-specific racism in the healthcare system;
Current public health emergencies magnify racism and vulnerabilities, an disproportionately impact Indigenous peoples and
Indigenous health care workers face racism and discrimination in their work environments.
She also noted that talking about anti-Indigenous racism in healthcare can be very triggering for Indigenous peoples who have experienced the physical and mental harms associated with racist comments, substandard treatment or the denial of treatment. At the same time, she also stressed that the issue must be named, so that institutions can be held to account and the problems addressed.
STEREOTYPES
Dr. Turpel-Lafond shared the eight most common racist stereotypes held by BC healthcare workers about Indigenous peoples (primarily First Nations, and include that belief that they are:
(1) Less worthy of care;
(2) Drinkers/alchoholics;
(3) Drug-seekers;
(4) Bad parents;
(5) Frequent flyers – misuse health system;
(6) Irresponsible & wont do aftercare;
(7) Less capable; and
(8) Unfairly advantaged.
RACISM CAUSES REAL HARM
She also stressed that these racist stereotypes lead to real physical harm, mental harm and even death for Indigenous peoples, in the following ways:
(1) Unacceptable personal interactions – like racist comments;
(2) Long wait times/denial of service – more so than non-Indigenous patients;
(3) Lack of communication/shunning Indigenous patients;
(4) Not believing or minimizing health concerns – Indigenous peoples accused of faking;
(5) Inappropriate or no pain management – assuming patients are drug seeking;
(6) Rough treatment – like man-handling or physical harm;
(7) Medical mistakes & misdiagnosis – assuming patients drunk and not addressing underlying health issues; and
(8) Lack of respect for cultural protocols – intolerance of families or ceremonies.
The significant harms experienced by Indigenous peoples on a regular basis are why the report’s recommendations on how to move forward to address anti-Indigenous racism in BC’s healthcare system are so important. At their core, the recommendations all work to confronting the legacy of colonialism in healthcare head on:
“A basic awareness has grown that the current inequities and injustices faced by Indigenous peoples in Canada – such as those examined in this Review – are deeply rooted in an enduring legacy of colonialism, and that confronting that legacy requires substantive, transformative change.”
MOVING FORWARD
It is important that Canadians read this report and then push governments, hospitals, universities and all those working in the healthcare system, in any capacity to embrace their role in reconciliation and ensuring that the human rights of Indigenous peoples to healthcare are respected, protected and fully implemented. To do this, Dr. Turpel-Lafond believes that our collective path forward must be based on acknowledging and accepting three foundational principles:
(1) Racism in healthcare reflects a lack of respect for Indigenous rights to health;
(2) Racism in the healthcare system is integrated with racism in society; and
(3) While Indigenous voices must be centered in developing solutions, the responsibility to do this work rests with non-Indigenous people, communities, organizations and governments.
Before anyone breathes a sigh of relief that this is only a BC issue – it isn’t. Anti-Indigenous racism in healthcare is rampant in other provinces as well. It was only weeks ago, that Quebec came under fire when a video showed nurses saying racist and hateful comments to Joyce Echaquan before she died in the hospital. This was not an isolated incident but reflects a long-standing pattern of racism experience by Indigenous peoples in Quebec hospitals.
Don’t forget the Brian Sinclair inquiry in Manitoba, which documented how the hospital staff ignored Brian – a double amputee confined to a wheel chair – for 34 hours until he subsequently died of a treatable urinary tract infection. And sadly, these are not exceptional cases. From the Royal Commission on Aboriginal Peoples in 1996 to the Truth and Reconciliation Commission’s report in 2015 and the National Inquiry into Missing and Murdered Indigenous Women and Girls report in 2019 – racism in healthcare is a national crisis and has been for decades.
HEALTHCARE IS A HUMAN RIGHT
Racism in healthcare is a matter of life and death for Indigenous peoples and forms part of the ongoing genocide that the National Inquiry talked about in their report.
It was important for the BC government to undertake this investigation and accept the findings. Every other province and territory should follow suit and conduct a similar investigation. While it is important that BC’s Minister of Health Adrian Dix apologized and committed to take action – it is yet to be seen whether they will take the action needed to hold themselves accountable, make the required changes and make reparations to Indigenous peoples. Given the many reports sitting on government shelves gathering dust – it is incumbent on Canadians to do their part to ensure governments are held to account.
Healthcare is a basic human right and we are all served when we take steps to make sure that all peoples – including Indigenous peoples – can enjoy that right.
(Picture credit: Taken from the front over of the report In Plain Sight: Addressing Indigenous-specific Racism and Discrimination in BC Healthcare, 2020).
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.
Canada’s colonial objectives have always been to clear the lands for settlement and development by whatever means necessary.
After signing peace treaties in the 1700s, clearing the lands meant laws offering bounties on the heads of Mi’kmaw men, women and children. In the 1800s, clearing the lands meant ethnic cleansing on the Prairies – laws, policies and practices that confined native peoples to reserves
and gave them insufficient rations to survive. In the 1900s, clearing the lands meant the theft of thousands of native children to be forced into residential schools where thousands died from abuse, torture and starvation. In the 2000s clearing the lands means the mass incarceration of Indigenous peoples in prisons paving the way for the extractive industry.
The overincarceration of Indigenous peoples in federal, provincial and territorial prisons in Canada today is nothing short of genocide.
On Jan. 21, 2020, Dr. Ivan Zinger, who heads the Office of the Correctional Investigator, issued an urgent statement about the rates of Indigenous peoples in federal prisons being at historic highs. While Indigenous peoples only make up five per cent of the Canadian population, they represent more than 30 per cent of those in federal prisons. Those statistics are even worse for Indigenous women who now make up 42 per cent of the prison population. A Statistics Canada report released in 2018 shows that almost half of all youth in corrections are Indigenous as well. This is all happening at a time when incarceration rates for the rest of Canada continue to decline. Why is this happening? Zinger states that federal corrections is “impervious to change” – a well-founded conclusion given the decades of commissions, inquiries and reports highlighting both racism in the justice system and the devastating impact it has on Indigenous peoples.
In 1989, Chief Justice Thomas Hickman issued the final report of the Royal Commission on the Donald Marshall, Jr., Prosecution (Marshall Inquiry). Donald Marshall was a Mi’kmaw man from Nova Scotia who had been wrongly targeted by police and convicted of murder, spending 11 years in prison. The Marshall Inquiry found that the criminal justice system had failed Marshall “at virtually every turn” due “to the fact that Donald Marshall Jr., is a Native.” The report provided numerous recommendations to ensure more equitable treatment of native peoples in the future.
A decade later, the Aboriginal Justice Inquiry of Manitoba released its report in relation to the
murder of Helen Betty Osborne whose assailants had not been brought to justice; and John Joseph Harper, an unarmed native politician shot dead by Winnipeg police. Murray Sinclair, co-commissioner for the justice inquiry and chair of the Truth and Reconciliation Commission, made similar findings to the Marshall Inquiry: “[t]he justice system has failed Manitoba’s Aboriginal people on a massive scale.” His report also made numerous recommendations in relation to addressing racism and discrimination against Indigenous peoples in the justice system and beyond.
In 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform found that racism was a major issue in police forces in their dealings with native peoples. This came on the heels of the Commission of Inquiry into Matters Relating to the Death of Neil Stonechild, also in 2004. This was an inquiry that investigated “Starlight Tours,” the arbitrary detention of native peoples by police who are driven out of town to freeze to death at night. Both reports offered recommendations, but like the other reports, most were largely ignored.
In 2007 came the Ipperwash Inquiry in Ontario and most recently, in 2019 came the Final Report of the National Inquiry into Murdered and Missing Indigenous Women and Girls, which found Canada guilty of both historic and ongoing genocide. Racism in the justice system is a common theme in all of these reports and the Office of the Correctional Investigator has been raising the alarm for the overincarceration of Indigenous people for two decades.
The statistics clearly show a steady rise in Indigenous incarceration from 17.5 per cent in 2000 to 30 per cent in 2020. But these represent the national statistics and, like rates of murdered and missing Indigenous women and girls, and Indigenous children in foster care, the provincial rates can be double the national rates.
In Manitoba, more than 80 per cent of prisoners are Indigenous — the same province where 50 per cent of all women murdered and missing are Indigenous and 90 per cent of all children in foster care are Indigenous. In Saskatchewan, 76 per cent of prisoners were Indigenous, the same province which has more than 55 per cent of women murdered and missing as Indigenous and 85 per cent of children in foster care are Indigenous. We also know that more than two-thirds of Indigenous prisoners have been impacted by the foster care system. This is exactly the kind of colonial legacy that the Supreme Court of Canada in R. v. Gladue [1999] 1 S.C.R. 688 and R. v. Ipeelee 2012 SCC 13 cases meant to address when they instructed judges to find alternatives to prison for Indigenous peoples. Is no one listening?
From the evidence, it is clear we have a direct pipeline from foster care to prison that seems to clear the way for pipelines on native territories. What the statistics don’t show is the history of thenRCMP and other police forces as an integral part of colonial settlement and development policies that have created this current crisis.
From the RCMP’s Project Sitka to its massive military-style operation on Wet’suwet’en territory right now, native lands continue to be cleared by Canada’s laws, policies, practices, actions and omissions. The overincarceration rates will continue to increase unless we address these genocidal policies once and for all.
While I agree with Zinger’s call for “bold and urgent action,” cultural programming and Indigenizing the prison will not get us there. We must confront racism against Indigenous peoples head on and prevent incarceration in the first place. This means addressing racism in federal and provincial laws and policies, as well as rampant racism in policing. In the meantime, we must begin the urgent process of decarceration for Indigenous women and children; Indigenous peoples with mental health issues; and Indigenous men languishing in prisons for little more than navigating poverty.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc on January 30, 2020. https://www.thelawyersdaily.ca/articles/17658
(Picture by Pam Palmater, Rally for Justice for Murdered and Missing Indigenous Women and Girls in Winnipeg)
This article was originally published in The Lawyer’s Daily on May, 28, 2019.
“Her life mattered. She was valued. She was important. She was loved.”
R. v. Barton [2019] S.C.J. No. 33.
Cindy Gladue was an Indigenous woman originally from Alberta, where she grew up with her four siblings and extended family. She was also the mother to three daughters and her family described her as both a loving mother and caring auntie. She had close friends and always dreamed about being the first in her family to go to university. Cindy Gladue loved and was loved. She did not deserve her violent death in 2011 nor the indignity done to her body after.
She is now one of the many thousands of murdered and missing Indigenous women and girls in Canada — a growing crisis that represents grave human rights violations. The trial of the man who admittedly committed this act of violence against Cindy is an example of how defective Canada’s justice system is when it comes to Indigenous women victims and how negligent Canada has been in ensuring the basic human rights of Indigenous women and girls are met.
In this column, there will be no details about Cindy’s appearance, what she wore the night she was killed, where she was killed, whether she knew her killer, her level of education, her health status, or what she did for a living — because none of the facts is relevant to her death. Cindy is not to blame for her death. Cindy did not kill herself. Cindy did not engage in a dangerous knife fight or try to kill someone.
Regardless of which version of the story is accepted by the next trial judge — that she was killed by a male trucker who violently cut an 11-cm gash in her vagina, or that she died from a tear from his violent, but unarmed interaction with her — she still died as a result. According to the SCC quoting from evidence at trial, the trucker then tried to hide evidence, change the crime scene and lie about his involvement. His name doesn’t deserve to be said aloud, nor does he get to hide behind any of the racist or sexist excuses he used at trial to defend himself. None of the evidence referred to at trial or the SCC indicates that he should be believed. Cindy’s life story does not get to be narrated by the man who admits to committing this violence against her.
Sexualized violence against Indigenous women and girls in Canada has been allowed to continue in plain sight by government officials, police officers, lawyers and judges who have treated Indigenous women and girls as though they are less worthy of life. In fact, were it not for the lengthy and persistent advocacy of Indigenous women and their allies, Canadians would still be unaware of the crisis.
However, awareness of the crisis only gets us so far. The court proceedings which followed Cindy’s death show just how deeply engrained racism and sexism against Indigenous women still is in Canadian society, especially the justice system. In R. v. Barton [2019] S.C.J. No. 33, Justice Michael Moldaver, writing for the majority, allowed the accused’s appeal in part and sent the matter back to trial, but only on the charge of the unlawful act of manslaughter. The dissent would have dismissed the accused’s appeal entirely. Justices Rosalie Silberman Abella and Andromache Karakatsanis writing for the dissent (Chief Justice Richard Wagner concurring) agreed with the Alberta Court of Appeal that the matter be ordered back for retrial on both charges of first-degree murder and manslaughter.
The majority made some important points about the extent to which racism is still widespread in the justice system. At para.199, the majority explained: “Furthermore, this Court has acknowledged on several occasions the detrimental effects of widespread racism against Indigenous people within our criminal justice system. For example, in Williams, this Court recognized that Indigenous people are the target of hurtful biases, stereotypes, and assumptions, including stereotypes about credibility, worthiness, and criminal propensity, to name just a few. … In short, when it comes to truth and reconciliation from a criminal justice system perspective, much-needed work remains to be done.”
They went on to say that the criminal justice system and all of its participants must take reasonable steps to address these biases — especially against Indigenous women. To this end, they directed that, on a go forward basis, trial judges ought to provide express instruction to juries to counter the well-known prejudice against Indigenous women. While there is no set text, trial judges should instruct juries about Indigenous women and girls having been subjected to a long history of colonization and systemic racism and then dispel myths about Indigenous women and those who are exploited for sex. These stereotypes were outlined in para. 202:
– Are not entitled to legal protections;
– Not deserving of respect, humanity and dignity;
– Are sexual objects for male gratification;
– Are available for the taking and no consent needed;
– Assume any risks associated with “sex work”;
– Are less credible than other people.
The majority further stressed that, as a matter of respect, both the Crown and the defence counsel should have referred to her as Ms. Gladue instead of “Native girl” during the trial. These are important points and the SCC made many important clarifications in the case in relation to the many problems surrounding sexual assault cases.
However, there is a downside to the majority’s decision. Their logic and reasoning around the impact of racism and bias in this case did not follow through to their ultimate finding. The majority allowed the accused’s appeal in part, by limiting the charge for which the killer could be retried — manslaughter only. The dissent pointed out that racism doesn’t work that way and can’t be so easily compartmentalized. They explained that there was no “filter” on the victim’s prior sexual history and no warning by the judge to the jury to avoid making stereotypical assumptions about Indigenous women.
They also argued that this created an image of Cindy “that was unfair and would have permeated the whole trial and the jury’s deliberations on both murder and manslaughter” (para. 214). The dissent further emphasized, “He [trial judge] provided no specific instructions crafted to confront the operative social and racial biases potentially at work. This rendered the whole trial unfair” (para. 215).
While the dissent did go further than the majority, they too missed an important opportunity to speak to the indignity committed against Cindy’s body after her death when segments of her vagina were brought into court as an exhibit. Cindy was a life-giving mother of three girls. Her body and her life-giving parts had already suffered a gross violation which led to her death. There was no necessity — in an effort to prosecute her killer — to remove her life-giving parts and put them on display in a courtroom. They could have used the coroner’s testimony, animated illustrations of the extent of the cut or tear, and worst-case scenario, pictures. Putting her life-giving parts on display served to further dehumanize her before the judge and jury.
Even though the SCC made some important findings in this case, their caution that the justice system has a lot more work to do applies equally to them. We need more than the “important step forward” they commended themselves for — we need a wholescale change. That won’t happen if the highest court in the land cannot call out and end the kind of indignity committed against Cindy — which represents the many indignities committed against Indigenous women and girls since contact.
This article was originally published in The Lawyer’s Daily on May, 28, 2019 – link below:
As expected, the Assembly of First Nations was first out of the gate offering glowing praise for this Liberal government’s federal budget, followed shortly thereafter by the Metis National Council and Inuit Tapiriit Kanatami – the three male-dominated national Aboriginal organizations. Their organizations have seen substantial increases in funding for their political organizations in recent years. Meanwhile, the Native Women’s Association of Canada – the only political organization representing Indigenous women at the national level – issued its own press release criticizing the government for failing Indigenous women. They accused the federal government of, once again, ignoring the pressing needs of Indigenous women and in so doing, not only hampering reconciliation but breaching their core human rights. NWAC is especially aggrieved about this lack of funding for Indigenous women and families, given the urgent need to address murdered and missing Indigenous women and girls.
The exclusion of Indigenous women and girls as a priority in this federal budget is a glaring example of the ongoing racism and sexism that is so deeply embedded in Canada’s laws, policies, practices and institutions – the very same racism and sexism the Liberal government claims to be against. When the federal government announced the National Inquiry into Murdered and Missing Indigenous Women and Girls in 2016, former Liberal Minister for the Status of Women, Patty Hadju, spoke of the urgent need to address the longstanding racism and sexism embedded in Canada’s institutions. Yet, this urgent policy objective is not reflected in any substantive way in federal budget 2019. In fact, there are no funds allocated for a comprehensive plan to address violence against women generally, and no funds for a targeted comprehensive of plan of action to address violence against Indigenous women and girls specifically. Indigenous and women’s organizations have called on Canada to take comprehensive action now to implement recommendations from the United Nations treaty bodies to reduce murdered and missing Indigenous women and girls before the national inquiry’s report is released.
The National Inquiry’s report is due out in less than a month and there is no budget set aside to implement whatever recommendations come from that report either. The limited funds for commemoration seems not only inadequate, but also premature given that the crisis has not abated. Where is the urgent and sustained help for the many families deeply impacted by the abuse, exploitation, trafficking, disappearances and murders of thousands of Indigenous women and girls?
A particularly shocking exclusion from the budget is the lack funding for First Nations child and family services to address the crisis of First Nations children in foster care. Former Minister of Indigenous Services, Jane Philpott called the staggering statistics related to First Nation kids in care a “humanitarian crisis” – comparing it to the residential school system. She pledged to work with First Nations to address the critical need for funding to prevent apprehensions and address the root causes of over-representation, which include conditions of poverty. This glaring omission from the budget is confounding given the fact that Parliament had previously committed to targeted funding to accompany Bill C-92 An Act respecting First Nations, Inuit and Metis children, youth and families, which already been introduced in Parliament. Although the federal government promised significant funding to support Bill C-92 – there is no specified funding either in the bill or the budget. Not a single dollar has been allocated to support First Nations develop their own laws and institutions specific to child and family services, hire and train staff, as well as provide the much-needed wrap around social, educational and health services to families in need as advocated in the Spirit Bear Plan.
Dr. Cindy Blackstock, the head of the First Nation Child and Family Caring Society welcomed the additional funding for Jordan’s Principle, however explained that it does not go far enough and many children – like non-status Indian children are still excluded. Jordan’s Principle is a child-first principle which aims to ensure First Nation children can access all public services in a culturally-appropriate way, without any delays or hurdles because they are First Nations. The federal budget pledges $1.2 billion over three years. However, the flat funding does not take into account population growth over the funded years, or the rising cost of inflation. There are also no additional funds to address the thousands of First Nation children who will be newly entitled to Indian status as a result of Bill S-3 An Act to Amend the Indian Act (elimination of sex-based inequities in registration) or from the revised unstated paternity policy in relation to registration. Both of these issues are the result of the federal government losing two court cases (Descheneaux and Gehl) on discrimination against First Nations women and children.
Yet, despite the legal obligation to provide funding, none has been identified in this budget. This limited funding is not an act of reconciliation. The federal has been dragged to this point – kicking and screaming – by the Canadian Human Rights Tribunal, with no less than five non-compliance orders for failing to end discrimination in funding of First Nation children in care. So, while the extra funding is welcome, it is not a “gift”.
A particularly disturbing omission is the lack of targeted funding for First Nation women and their descendants who would newly entitled to Indian status under Bill S-3. The bill has been in place for a year and will add thousands to the registration list, yet no new funds have been identified for education, health or housing for individuals or First Nations. This is despite the fact that the United Nations just agreed with Sharon McIvor that the Indian Act still discriminates against the descendants of First Nations women who married-out, and directed Canada to provide full reparation. This means registering them and providing much-needed social programs. Similarly, there is no targeted funding to address the increase in registration due to Lynn Gehl’s successful court case against Canada for it’s discriminatory unstated paternity policy. At every turn, First Nations women and children are forced to wait for justice and are denied their basic human rights and access to the same programs and services available to their fathers, brothers and uncles.
One of the most under-served categories of First Nations are those living off-reserve. Approximately 33% of First Nations live off-reserve in Canada, and a disproportionate number of families are headed by single Indigenous mothers. Metis and Inuit don’t live on reserves at all – therefore the majority of Indigenous peoples live off-reserve. The amount allocated in the budget is a mere $60 million over 5 years to help fund off-reserve organizations like native friendship centres. That is barely $10 million a year – nowhere near what is needed to address urgent housing, education, and health needs for more than 800,000 Indigenous peoples living off-reserve – let alone the growing homelessness crisis plaguing Indigenous peoples. Niigaan Sinclair reports in the Winnipeg Free Press that the chronic under-funding is made worse by the fact that federal bureaucrats and other consultants and contractors, suck up nearly 50% of all funding appropriated by Parliament for First Nations. With three departments now directly responsible for Indigenous and Northern Affairs, who is to say whether First Nations will see much of this funding at all, let alone Indigenous women and children.
While there are many other problems with federal budget 2019, the most glaring omission is the exclusion of Indigenous women and children. Back in 2016, the Liberal government promised a gender based analysis for future budgets. Yet, this budget lacks a gender-based, human rights-based and Indigenous rights-based analysis that focuses on not just policy objectives like reconciliation, but concrete domestic and international legal obligations. There is no mention of returning lands and resources back to First Nations, no mention of a financial plan in relation to treaty implementation or how the federal government will ensure Indigenous women’s voices are at the many negotiating tables they fund. This budget is a disgrace and does little to address any of the pressing Indigenous issues impacting Indigenous women and children like kids in care, murdered and missing Indigenous women, over-incarceration, homelessness, unequal access to Indian status, poverty and poor health outcomes. Trudeau makes good use of flowery speeches and tearful apologies to Indigenous peoples, but has left Indigenous women and children far behind – again.
Perhaps Prime Minister Trudeau should give some Indigenous women a call and figure out how to amend the budget so it better reflects the law in this country. At least, that’s what a feminist Prime Minister would do.
APTN Panel discussion on Federal Budget 2019 and what it means for Indigenous Peoples:
(Photo taken when I marched in Trump Protest in NYC) Donald Trump shocked countries around the world when he won the election for President of the United States of America (USA) on November 8, 2016. Trump was formally elected as the 58th US President, together with Mike Pence as his Vice-President, by the Electoral College on December 19, 2016. However, the official inauguration ceremony did not take place until January 20, 2017. While most of us were in a state of shock during the weeks between Trump’s election and his inauguration; millions of Americans immediately took to the streets in nationwide protests under the collective chant “Not my President!”. Trump’s presidential welcome (or lack thereof) did not get any better at his inauguration. In fact, attendance at Trump’s formal inauguration ceremony was one of the lowest in modern history – the crowds were only a fraction of the size that attended former President Obama’s inauguration. Not only has the open wound of Trump’s election failed to heal, but Trump’s toxic team has infected the White House with such high levels of corruption and lies that no one knows who to trust anymore.
(Photo I took just before the rest of the protest march arrived at Trump Tower in NYC) Since taking office, Trump has tried to fulfill his campaign promises of enacting a Muslim travel ban; erecting a wall between the USA and Mexico; deporting undocumented immigrants, and nominating conservative judges to the Supreme Court with mixed results. While his Supreme Court appointment, Brett Cavanaugh went through despite multiple sexual assault allegations – it may go down as one of, if not the, most controversial appointments in US history. Trump’s travel bans were overturned by the courts and his wall will likely never be built. At the same time, he has engaged in an anti-media campaign to discredit any media outlet critical of his Presidency as “fake news”. His obsession with fake news is more of a reflection of his own lies and those of his reported Russian hacker friends, than any media-wide conspiracy to lie to the American people about the President. He has also used social media to call out his perceived political enemies, name-call anyone who doesn’t agree with him and taunt world leaders. While his national security team has no doubt worked overtime to prevent World War III; Trump’s presidency has the added stress of one political scandal after another. From his reported relationship and subsequent pay-off to porn star Stormy Daniels; to his alleged collusion/collaboration with Russia; and the guilty pleas of former Trump aides to various criminal offences; Trump has no doubt set the record for the most tumultuous first 18 months in office. Unlike our ability to change the channel when Trump’s former reality show “The Apprentice” would invade our TV screens, the very real “live reality” show of Trump’s presidency is the only channel available to Americans right now. While Trump’s crazy hair, weird hand gestures and remarkably bizarre and often incoherent rants might provide endless fodder for late night comedy shows; this President’s junior high school style diplomacy does more than just reflect poorly on Trump as an individual. The Office of the President is an institution that is supposed to represent the American people, but currently appears to only represent Donald Trump’s every whim or vendetta in an embarrassing Twitter drama. The now infamous anonymous op-ed allegedly written by an insider has described Trump as “impetuous, adversarial, petty and ineffective”. Excerpts from award-winning journalist, Bob Woodward’s new book: Fear: Trump in the White House, together with insights gleaned from other journalists with access to the White House, like Michael Wolff’s Fire and Fury: Inside the Trump White House expose the current turmoil within the White House. Taken together with Trump’s own public behavior and the insights gleaned from former senior officials, we all have cause to be worried; and when I say “we”, I mean Americans, Canadians and Indigenous Nations all over Turtle Island.
(photo from Google images) It’s not much of a stretch to assume that a White House in this much turmoil, being led by someone who thrives on conflict and chooses to align himself with autocrats and dictators over America’s long-held allies; presents a clear a present danger for national security at a global level, but also public safety at the local level. Canada is America’s closest ally – politically and geographically. Any form of major or sustained attack on the USA, risks the safety of Canadians working in the US or inter-married with Americans. Similarly, those Canadians living in border towns may suffer the consequences of attacks made in close proximity. As a known ally of the US, retaliatory attacks on the US might also be accompanied by direct attacks on Canada. It matters very much to our safety and security to know what is happening in the south. So, while Canadians, like many Americans, would also like to turn the channel when Trump appears on our news stations – our collective worry prevents us from doing so. It is far worse for sovereign Indigenous Nations who pay the price for decisions made without us.
(photo about Standing Rock from Sacred Ecology) It’s no coincidence that Canada has been sucked into the trade dispute between the US and China. Recently, several Canadians were detained by the Chinese government, reportedly as a bargaining chip to force Canada to release an Executive from Huawei being held for extradition to the US. While Canada is not a party the US-China trade dispute, Canadians are collateral damage on Trump’s toxic, combative presidency. It is important to note, that these observations from the northern part of Turtle Island are not related to the divide between liberal and conservative ideologies or Republican and Democrat politics. These concerns are not about NAFTA, the trade tariffs Trump imposed on Canada or the fact that Trump called our Prime Minister “very dishonest and meek”. No, these concerns represent the very real concerns of Canadians and First Nations, who, like many Americans and Native American tribal governments, value the advances made in our societies in relation to Indigenous sovereignty and rights, civil rights, human rights and freedoms, and the push to address social injustices like racism, poverty and homelessness. It is also safe to say that the recent United Nations Report on Climate Change has Indigenous Nations all over Turtle Island deeply concerned about the health and well-being our lands, waters and future generations if “leaders” like Trump remain in power. Trump may be able to brag about the American economy and the low unemployment rates, but this does little to quell the violence which stems from white supremacy and racists emboldened by Trump’s perceived alignment with these groups. His outright refusal to condemn Naziism and his claim there are good people within the white supremacist movement has made it even more difficult to keep the lid closed on Pandora’s box of hatred. Under the guise of “making America great again” the worst segments of society have come forth in more public ways to spread their hatred against racialized peoples under the guise free speech and diversity of thought. And why should northern Turtle Island be concerned? Because white supremacy, hatred and race-based violence is an infection that spreads when you give it oxygen. And given that Turtle Island is divided by an artificial border, there is little stop this rise in white supremacy from expanding its lethal infection north in Canada.
(photo of white supremacists in Charlottesville from PBS website) And it is spreading north. Steve Bannon, Trump’s former strategist, whose far-right ideologies are praised by Neo-Nazis and the KKK, was invited to speak about populism at the Munk debate. However, while hatred is spreading, that doesn’t mean it is new to Canada. One need only look at Canada’s lethal genocidal policies against Indigenous peoples and it ongoing racism, violence and destruction of native lands to know – racism and white supremacy is alive and well in Canada. It is the recent rise in populism, fueled by Trump, that has encouraged it to spread to new generations in Canada in more public ways. The reported anti-black and anti-Indigenous actions of Ontario Premier Doug Ford, and the hateful, anti-immigrant rants of Maxime Bernier are just the tip of the iceberg. Formerly hidden or subversive hate groups in Canada and the US have been given very powerful signals from exceptionally powerful men (usually right-wing, ultra-conservative) that the coast is clear to more actively spread hatred. So, Trump’s impact on Canada presents a very real and present danger to Indigenous Nations and racialized Canadians. So the question is: are Americans (and Canadians) truly condemned to two more years of Trump’s “Crazy town” or are there realistic alternatives? Early in his presidency, some political commentators offered their analyses on the chances of Trump being impeached. More recently, commentators and politicians alike have suggested the possibility of declaring him unfit under the 25th amendment. While some worry that this may cause a constitutional crisis, others like Massachusetts Senator Elizabeth Warren – embroiled in her own controversy of white appropriation of Indigenous identity – feels that the US may already be in a constitutional crisis if Cabinet feels Trump can’t do the job. What most political analysts do agree on is that there is a very remote chance that Trump will ever be removed from office. Could this be why there is reportedly a core group within the White House trying to protect country? Could this be why senior White House officials are taking huge personal risks to expose the potential danger within and protect the American people? While it is hard to know anyone’s personal motivations, it would be incredible to think that someone is watching out for the people. Some believe that a true patriot – a real American – is one who votes and that true loyalty to the American flag and constitution means standing by your President no matter what. Sure there is some buyer’s remorse amongst some who voted for Trump, and some feelings of regret by those who didn’t vote at all having assumed that there was no way Trump could be elected. But what about the collective fear and worry by Americans and Native Americans – regardless of their voter status or their political leanings – about the very real and dark turn of events since Trump’s election? What of the confirmed Russian interference with the election, the risks of retaliation from other countries against Trump’s aggressive tactics, the thousands of children traumatized when they were separated from their migrant families, destruction of native lands, murdered and missing Native American women, or the very obvious rise in racist, white supremacist banter? How does American loyalty to the institution of the Presidency jive with their loyalty to equality, democracy, freedom of the press, human rights, the right to life and their own constitution? If this is the difficult issue facing Americans right now, imagine how those working in the White House feel? Worse, imagine how Native Americans feel that this is all taking place on their sovereign territories? While it may be easy to condemn the unnamed officials who are trying to keep the White House stable despite the Trump circus, what real choice do they have if they are committed to “the people” – which is supposed to be the real government anyway? It may not follow the rules of democracy or the processes laid out in policies, but how long can good people use process, protocol or past practice as an excuse not to act? In his address to before the Canadian Parliament in 1961, America’s 35th President John F Kennedy said; “The only thing necessary for the triumph of evil is for good men to do nothing”. I am sure many Americans are hoping that more good people come forward and take concrete actions to protect the US and Canada both from the risks posed by Trump’s “Crazy town”. In the meantime, my money is on “the people” – the people who have risen up and taken a stand against this infection of hatred – those who shoulder the unfair burden of making sure it doesn’t turn into a plague. Our sovereign Indigenous Nations have something to say about the threat to public safety and national security in our territories. Our treaty partners have not only breached our treaties, but their self-interested, hateful actions pose real dangers to our peoples and our Canadian and American allies. The fight for our future is real. We better make 2019 the year of the revolution and Make America (and Canada) Native Again.
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.
The violent deaths of Colten Boushie in Saskatchewan and Tina Fontaine in Manitoba hit their families, communities and First Nations pretty hard. These were youths who had their whole lives ahead of them. The fact that deep-seated institutional and societal racism and violence against Indigenous peoples is what led to their deaths is a glaring injustice that we have seen happen many times over to our people. But the other glaring injustice is how institutional and societal racism and violence allows the killers of our people to walk free. The high level of impunity for lethal race-based violence against Indigenous peoples serves only to reinforce the racist idea that Indigenous lives don’t matter. Without intervention from federal, provincial and municipal governments, agencies and police forces, our people will continue to be at risk.
Canada’s failure to act on this crisis means that First Nations must continue to take action to stand against these injustices which are killing our people. At a time when our hearts were collectively breaking over the non-guilty verdicts in the Gerald Stanley murder trial of Colten Boushie and the Raymond Cormier murder trial of Tina Fontaine, First Nation members from Saskatchewan got together and created the Justice for Our Stolen Children Camp. On February 28, 2018, they raised a traditional teepee and lit a sacred fire in Treaty 4 territory at Wascana Park, just across from the Saskatchewan Legislative building. These grassroots community members used their most powerful tool to bring attention to this crisis – their voices and their traditions.
But the teepee and the sacred fire not only attracted media attention for our issues, but it also turned into something special. This camp became a gathering place for those who had lost children to violence, foster care and the justice system. Mothers, fathers, aunties and cousins with broken hearts came to the camp to share their stories, release their emotions and start their healing journeys. Far from creating any safety risk to the public, this camp offered hope, comfort, solidarity, a sense of collectiveness and empowerment. The longer the camp remained at Wascana Park, the more the media took notice and started to highlight the many injustices faced by First Nations. The core message from the camp was that we need justice specifically for Indigenous youth in the wake of the Stanley and Cormier not guilty verdicts; and justice for the many Indigenous children stolen from our communities by child welfare agencies, the justice system and societal violence.
For many months, it may have appeared to outsiders looking in, that they were alone and that their camp would eventually fade from attention. They occupied the area peacefully for four months, supported by donations from First Nations and allies. It wasn’t until the Province of Saskatchewan thought the camp would interfere with its planned location for its Canada Day beer gardens that they took legal action. On June 5, the camp was issued and eviction order and ten days later, the Regina Police Service began their eviction procedures by removing the tents. On June 17 the teepee was taken down and on June 18 six of the campers were arrested and removed from the area, though charges were never laid. Many of us watched with anger as the province carried out this heavy-handed action, trampling over the wounded hearts of those who have found some temporary peace at the camp – all for the sake of beer gardens.
But if there is one lesson from our elders that we have to remember, is that we can never give up hope. Our ancestors died protecting the rights of future generations not yet born. We inherited the obligation to face each barrier put in front of us by colonial powers, with the same commitment to overcoming it, as our ancestors had. So, on June 21 National Indigenous Peoples Day, when we saw videos of the campers returning to Wascana Park, re-erecting the teepee and joining together in a round dance, our collective hearts were lifted again – this time with a renewed sense of resistance and empowerment. On June 23rd, a second teepee was erected and others joined in solidarity after that until there were many teepees side by side. People made donations of cash, food and water to support the campers and the healing continued. We owe so much to the spirit and determination of those who have stayed at the camp for long. Their commitment is why we are still talking about justice for our stolen children.
There is a real and growing crisis in Saskatchewan that demands an emergency, crisis-level joint response by federal, provincial and First Nation governments, experts and advocates. It doesn’t matter what the federal or provincial governments say they have done, what programs they have funded, or who they talk to at various discussion tables – what matters is that what they have done to date has not worked and the crisis continues to get worse. Therefore, a radical shift from the status quo is required to save the lives of our children. They don’t have a whole childhood to wait for the slow, drawn-out process of policy change. Our children are dying and the statistics present a dire picture for their life-chances if we don’t change this now.
Child Welfare
In Canada, Indigenous peoples make up 5% of the population and Indigenous youth make up 7% of the youth population. Nationally, Indigenous children make up 48% of all children in foster care – a number that is 3 times higher than during the height of residential schools. However, in Saskatchewan, an alarming more than 70% of children in provincial care are Indigenous and the numbers continue to increase. We know that less than half of those children will graduate from highschool and more likely to end up in youth corrections. The statistics also show that that Indigenous girls in foster care are 4 times more likely to be sexually abused; more likely to be targeted for human sex trafficking and are over-represented in murdered and missing Indigenous girls. The theft of our children into foster care does not just impact the children. Indigenous mothers who lose their children to foster care are more likely to die from heart disease and suicide.
Justice System – Prison
Canada has had the lowest crime rate since 1969 with a reduction of 34% since 1998. Yet Indigenous people make up more than 26% of those in federal prisons and Indigenous women make up 34%. Saskatchewan’s numbers are frightening. Over 76% of admissions to Saskatchewan prisons are Indigenous – the highest rates in Canada. Nationally, 41% of youth in corrections are Indigenous, with 51% being Indigenous girls. In Saskatchewan youth corrections, 92% are Indigenous boys and 98% are Indigenous girls. They have the highest youth incarceration rates in the entire country. More than 1/5 of Indigenous prisoners were in residential schools and 2/3 were in the child welfare system. It is important to remember that Indigenous peoples represent 1/3 of all suicides in prison and more than half of those who suffer in solitary confinement/segregation.
Violence – State & Societal
In 1996, the report of the Royal Commission on Aboriginal Peoples noted that racism is rampant from police forces to the courts. Saskatchewan policing in particular has a long, violent history of racism against Indigenous peoples. In 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform found that racism in policing was a “major obstacle” in relations with First Nations. The well-known police practice of “Starlight Tours” where police detain and drive Indigenous men to the outskirts of town where they freeze to death doesn’t seem to have ended with the Neil Stonechild inquiry. Indigenous women are often targeted with sexualized violence – including from police. The Human Rights Watch report from 2017 documented instances of excessive use of force, abusive strip searches and other sexual harassment against Indigenous women. The statistics also show that Saskatchewan has the highest rate of police involved deaths (beatings, chokings, shootings) of Indigenous peoples (62.5%).
The RCMP report into murdered and missing Indigenous women and girls showed that nationally Indigenous women and girls make up 16% of those murdered, but in Saskatchewan, that number jumps to 55%. Societal violence comes from the places most people do not suspect: priests, farmers, police, corrections, doctors, lawyers, judges, social workers, teachers, and foster parents. Very few of those who sexually violate or murder Indigenous women and girls are serial killers. The statistics also show they are less likely to be murdered by their spouse than Canadian women. The high level of impunity (non-conviction) for those perpetrators in society who continue to commit violence against Indigenous peoples is exacerbated by the many reports that document how police fail to protect Indigenous peoples or properly investigate their cases.
We have a real crisis in Saskatchewan. What has been done isn’t working. We need a new approach – one that is led by First Nations and their experts and advocates. We owe a huge debt of gratitude to the campers at the Justice for Our Stolen Children Camp who have sacrificed their time and energy, and risked police arrest and jail, to keep the light on this crisis. We don’t want to lose any more of our children and we want to bring the rest of our children who are in foster care, corrections, trapped by human traffickers, or missing – back home. Bring our children home.
In memory of all those precious lives those and sadly, too many to name:
Neil Stonechild, Leo Lachance, William Kakakaway, Leonard Paul John, Colten Boushie
