Warrior Life Studios

Pam Palmater

Tag: RCMP

  • Bill C-51 The Anti-First Nation, Environmentalist, Scientist and Bird-Watcher Act

    Bill C-51 The Anti-First Nation, Environmentalist, Scientist and Bird-Watcher Act

     

    Prime Minister Harper’s Conservative government has introduced Bill C-51 The Anti-Terrorism Act, 2015 which it claims is needed to protect Canadians from terrorism. Experts and commentators have called the bill, which will create a secret police force for Harper: terrifying, illegal, unconstitutional, dictatorial and totalitarianism. In case you don’t know what totalitarianism means, it’s a term usually reserved for fascist (extremist or dictatorial) leaders that lead a centralist government that does not tolerate differences of opinion and tries to exercise dictatorial control over many aspects of public and private life – including thought. Voila: Bill C-51.

     

    The media reports that the Liberals and NDP have all but acquiesced to the bill and will only offer mild resistance in the form of suggested amendments. They may even call for some oversight, but will not challenge the massive violations of Canadian rights, liberties and freedoms which are enshrined in the Canadian Charter of Rights and Freedoms and constitutionally protected. And this is how it happens. Dictators throughout history have only been able to do what they did to their citizenry because they were permitted to do so. No single man has the power to destroy a country governed by the people for the people – unless the powerful people around the dictator allow it to happen.

    In a world where Canada used to pit environmentalists, scientists, doctors, teachers, and even bird-watchers against First Nations who peacefully defended their lands, Idle No More helped bring us together. As treaty and territorial allies, First Nations and Canadians face a formidable foe and threat to our collective futures. Idle No More raised awareness about the break down in democracy in general and human and Aboriginal rights specifically. Hundreds of thousands of people across Canada rose up against Bill C-45 – the large, unconstitutional omnibus bill pushed through Parliament without debate which threatened our lakes and rivers. This time, the threat is personal – any one of us could go to jail for thinking or voicing our opinions.

     

     

    I originally hesitated to include this chart in my blog, but I think we all need a reminder of the freedoms upon which Canadian democracy rests – for without them, Canada descends into the lethal, dark hole of a deadly, dictatorial police-state.

    CHARTER

    RIGHTS, FREEDOMS or LIBERTIES PROTECTED

    2(a)

    Freedom of conscience and religion

     

    2(b)

    Freedom of thought, belief, opinion, expression

     

    2(c)

    Freedom of peaceful assembly

     

    2(d)

    Freedom of association

     

    6

    Right to enter, remain in and leave Canada

     

    7

    Right to life, liberty and security of the person

     

    8

    Right to be secure against unreasonable search or seizure

     

    9

    Right not to be arbitrarily detained or imprisoned

     

    11(b)

    Everyone charged with an offence: right to be tried in a reasonable time

     

    11(d)

    Everyone charged with an offence: innocent until proven guilty

     

    15

    Everyone is equal before and under the law

     

    25

    Charter can never be interpreted to deny Aboriginal & treaty rights

     

     http://laws-lois.justice.gc.ca/eng/const/page-15.html

    All of these rights, freedoms and liberties will be suspended with Bill C-51. This bill creates what has been described as Harper’s “Secret Police force” with terrifying expanded powers. The purpose of the bill is to eliminate any “threat to security of Canada” which includes any activity that undermines the sovereignty, security or territorial integrity of Canada. It also includes some of the following:

    –          interference with the administration of justice;

    –          interference with diplomatic relations; –          the economic or financial stability of Canada; –          terrorism; and –          interference with critical infrastructure. .

    http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6932136

      

    The specific powers granted under the bill greatly expand the powers of CSIS (Canadian Security Intelligence Service) from an organization that collects and analyzes information related to security – to one which can take law enforcement action. They are further empowered to take measures against anything they deem to constitute a threat to Canada – inside or outside of the country. Additional anti-terrorism powers under the bill include:

    –          Materials deemed to be terrorist propaganda can be seized or removed from a website; –          Standards of investigation and arrest will be lowered from proof to suspicion; –          Police may arrest someone if they merely “think” that a terrorist act “may” be carried out; and –          Deny air transportation to anyone who they “suspect” may be engaging in terrorist activity.

    According to security law experts like Craig Forcese and Kent Roach, this new offence of “advocating or promoting terrorism” is not at all clear and Canadians should be extremely concerned about its conflict with the Charter of Rights and Freedoms. One of their concerns is that it gives the police “substantial and unusually invasive powers” to be exercised under their own discretion. A significant change from offences against the promotion of hatred, is the fact that anti-terrorism applies to statements made in private and implies extensive wire-tapping. They fear this bill will result in “speech chill” – the fear to exercise our right to free speech.

    http://www.antiterrorlaw.ca./

     

    For First Nations, this completes the circle of criminalizing every aspect of who we are as Mi’kmaw, Maliseet, Mohawk and Cree Nations. When they made it against the law to be a Mi’kmaw person, our population was reduced by 80% for the scalping bounties placed on our heads. When speaking our languages and practicing our culture was considered anti-Canadian, they enacted laws to outlaw our ceremonies and killed upwards of 50% of our children they forced into residential schools. When we refused to die off, they forcibly sterilized our Indigenous women and girls without their knowledge and consent to reduce our populations. Standing by and watching our Indigenous women and girls go murdered and missing was a gross violation of our right to life by the RCMP, provincial police and Canadian governments.

      

    When we survived, Canada made our traditional way of life a criminal act – hunting, fishing, trapping and gathering became criminal or regulatory offences which landed us in jail, resulted in beatings by the RCMP and/or our gear, vehicles and boats were seized. The defense and protection of what little lands we have left resulted in Canada bringing out the RCMP and army to stop our people. When we drummed and danced in Idle No More, we became the targets of illegal monitoring, publicly vilified and categorized as radicals, militants and terrorists. Now, our very voices, our private discussions and even the defense of our sovereignty is now an act of “terrorism”.

     

     

    We warned Canadians, that what happens to First Nations under Harper’s dictatorial regime is just a sign of things to come for Canadians. To Canadians who value their freedoms, the beauty and bounty of our shared lands and waters, and the peaceful right to live the good life as you see fit – everything is about to change. Canadians will, for the first time, be treated like First Nations people – without the protection of their basic rights, freedoms and liberties. Even someone who re-Tweets or reposts a comment made by someone else on Facebook could potentially be captured under this sweeping legislation. Our ideas themselves will now be criminalized. Our private lives and opinions will be invaded, monitored and criminalized. For Canadians, this is a frightening new turn of events that may well override our basic human rights, liberties and freedoms – an end to Canada as a democracy as you’ve known it.

    Our decades long experiences with murdered and missing Indigenous women and girls, Starlight tours and the deaths of our Indigenous men while in police custody, the wrongful shootings of our unarmed peaceful protestors, the over-imprisonment of our Indigenous men and women, and the palpable fear many of us have of law enforcement will be part of the Canadian reality unless we stop this Bill now. We are allies in this territory. First Nations fought alongside Canadians in many wars to protect these lands. We lived up to our treaty obligations to protect you and be your allies. Now it’s time for Canadians to stand up and restore this treaty and allied relationship – and protect our collective rights.

    Canada has violated First Nations’ constitutionally protected Aboriginal and treaty rights and basic human rights for decades. If we do not stand together now, this is what Canadians have to look forward to for their children. Please act to stop Bill C-51 now – before it becomes an act of terrorism to even speak about.

     

     

    #stopBillC51 #rise #standup #idlenomore #INM #mmiw #foodfor7gens

     

     

     

    *pictures linked from Google Images – copyright rests with individual sites.

  • Déja Vu: RCMP Report on Murdered and Missing Indigenous Women

    After much prodding by the media, and the Harper government’s (Minister of Public Safety) review and approval, the RCMP finally released their report on murdered and missing Indigenous women. Although slated for a March release, in typical Conservative style, the much-delayed report was released on a Friday before the Victoria Day long weekend. The report not only confirmed the over-representation of Indigenous women as murdered and missing in Canada, but the figure of 1181 was nearly double the 600+ figure originally reported by the Native Women’s Association of Canada (NWAC). http://www.rcmp-grc.gc.ca/pubs/mmaw-faapd-eng.htm Indigenous women suffer a victimization rate three times higher than the Canadian population and are grossly over-represented in the number of women that go murdered and missing. While homicides have declined for Canadian women, the same cannot be said for Indigenous women. Indigenous women make up 4% of the population in Canada but 11% of the missing women and 16% of the murdered women. While these numbers are high, the levels in the western provinces and northern territories are frightening. The number of murdered Indigenous women in Manitoba is 49% and in Saskatchewan its 55%.

    On the positive side, the RCMP finally turned their investigative minds to this serious issue. Because the reality is, if the RCMP can’t be motivated to look into this crisis, there is little chance in getting their assistance in addressing it. We also now have additional statistics that the show that the problem is worse than originally thought which one would hope would spur the RCMP and others into emergency action. Further, it was important that the RCMP recognized that more than a police response will be needed to address this crisis and that all of the socio-economic issues must also be addressed.

    That’s the extent to which I can be positive about this report. For the most part, this report just recycled information we already knew. We already knew the over-representation of Indigenous women and girls in murdered, missing and victimization rates, as well as the socio-economic conditions which make Indigenous women and girls vulnerable. Secondly, this report suffers from a glaring omission – an analysis of the RCMP’s role in this crisis. While there are many good men and women in the RCMP who believe in justice, those who do not, need to be exposed. Finally, if this report is any indication of an RCMP “action plan” – very little is going to change. If we can’t get real about the root causes of this crisis, we’ll still be talking about this in ten years.

    In 1989, the Report of the Royal Commission on the Donald Marshall Jr., Prosecution concluded that Marshall had been wrongfully convicted of murder and spent years in jail simply because he was Mi’kmaw. “The criminal justice system failed Donald Marshall Jr., at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal.” The report went further to investigate how prominent “White” people were treated with Mi’kmaw people when accused of crimes. It concluded that the RCMP would not pursue investigations of prominent “White” people despite the evidence which showed an “undue and improper sensitivity to the status of the person being investigated” and made “the ideal of justice for all meaningless”. http://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf

    The 1991 Report of the Aboriginal Justice Inquiry of Manitoba looking into the murder of Helen Betty Osborne also concluded that despite the fact that it is well-known that Aboriginal women and girls suffer extreme rates of violence, the Justice system does not protect them. In the case of Osborne, the RCMP treated the Indigenous witnesses brutally in comparison to how they treated the “white” accused.

    http://www.ajic.mb.ca/volume.html

    Just in case the RCMP forgot that there was an issue in need of attention, the United Nations Rapporteur rang the alarm in 2004 when he concluded that the over 500 murdered and missing Indigenous women in Canada had been neglected for far too long by Canada. Again in 2010, NWAC brought the issue to the public eye by releasing their research which showed there were at least 600+ murdered and missing and stated that the numbers of Indigenous women and girls that are murdered while in police custody, prisons or child welfare authorities also needed to be investigated. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/100/26/PDF/G0510026.pdf?OpenElement

    Twenty years after Helen Betty Osborne’s death, a serial killer named Robert Pickton was able to kidnap and murder Indigenous and non-Indigenous women with little fear of getting caught. Why? According to Forsaken: The Report of the Missing Women Commission of Inquiry, Pickton was able to prey at will due to “critical police failures” to take reports of missing women, follow up and investigate thoroughly or in a timely way. Issues of racism, systemic bias and victim-blaming were all noted in the report. http://www.ag.gov.bc.ca/public_inquiries/docs/Forsaken-ES.pdf

    The most disturbing of all reports is the 2013 report entitled Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Colombia prepared by Human Rights Watch. This report concluded that Indigenous women and girls are not only “under-protected” by the RCMP but are in fact the objects of RCMP abuse. They highlighted the many allegations of RCMP officers sexually exploiting and abusing young Indigenous girls.. There are reports of confinement, rape, and sexual assault on Indigenous girls and some have led to law suits. They also reported on a class action law suit against the RCMP by its own female officers for sexual harassment and gender discrimination. http://www.hrw.org/sites/default/files/reports/canada0213webwcover.pdf

    While the government and RCMP have, at times, tried to blame the victims for their own circumstances, it seems very clear that a large part of the problem is government and RCMP’s racist and sexist attitudes towards Indigenous women and girls. In addition to Canada’s discriminatory laws and policies against Indigenous peoples generally, and women specifically, the Human Rights Watch group even reports on an example of the judiciary being involved in the abuse against these girls. David Ramsay, a provincial court judge, was accused of sexually assaulting and violently abusing girls between 12 and 17 and eventually plead guilty. How are Indigenous women and girls supposed to get justice if the Justice system participates in the abuse and rape of these women? http://www.canada.com/theprovince/news/story.html?id=b8a2e53c-5753-496e-a032-765fef4a0e5d

    One of the biggest impediments to moving forward is the continued failure of the federal government to have the RCMP investigated to determine the full extent to which racism against Indigenous people and sexism against women in general hamper their work. Harper’s own discriminatory attitude towards Indigenous peoples is a significant barrier to moving forward. Even the most recent United Nations report from the Rapporteur commented on how poor the relationship is between Canada and Indigenous peoples and has become worse since the last visit to Canada in 2003. The United Nations is not alone in its observation of deteriorating government relations – the Bertelsmann Foundation is the latest to note that Canada’s record on governance has declined under Harper, especially when it comes to Indigenous peoples. The UN further stated that Canada’s negative public comments about Indigenous peoples risks social peace. http://www.ohchr.org/Documents/Issues/IPeoples/SR/A.HRC.27.52.Add.2-MissionCanada_AUV.pdf

    We need a comprehensive emergency plan to prevent any more murdered and missing Indigenous women and girls. Multiple groups need to be brought together including (but not limited to) the RCMP, federal and provincial governments and police forces, Indigenous peoples, and experts to develop a plan of action. This plan should include many of the recommendations already noted in the commissions and enquiries outlined above (and won’t be repeated here). Addressing the chronic underfunding of basic human services like housing, water, food, and education is critical to addressing federally-maintained poverty which puts women and girls (and men) in vulnerable positions.

    It is important to ensure that at the same time as the emergency action plan is being carried out, that a proper comprehensive investigation of the RCMP for any role it may have had in physically abusing, confining, raping, sexually assaulting and/or causing Indigenous women or girls to go murdered or missing is critical. This investigation should include an analysis of how many times they failed to file reports, do investigations or follow up as per their standards and procedures. The RCMP and other police forces must be accountable for their actions with a view to ending this crisis. Otherwise, little has changed from the days when the RCMP would drag our children back to residential schools and ignore their complaints of abuse in the schools.

    Instead of letting another 10 years go by talking about murdered and missing Indigenous women and girls, Canada needs to take immediate emergency action on this crisis.

     

    Instead of Canada spending so much money surveillance of Indigenous advocates who are trying to protect Indigenous families, it could use that money towards adequate housing, shelters and supports for Indigenous women and girls.

     

    Instead of spending multi-millions to keep Indigenous peoples in prisons, Canada could use that funding to pay for k-12 and post-secondary education.

    Instead of spending millions on litigation to deny treaty rights, land claims and access to natural resources, Canada could spend those funds to support Indigenous peoples access their lands and resources to support self-sufficient Nations.

    Instead of trying to assimilate Indians , Canada needs to accept that we are here to stay and work together for our mutual benefit as envisioned by the treaties.

     

    Instead of allowing those who view Indigenous women and girls as worthless to dictate their fate, we need to recognize these women and girls are the future of our Nations and protect our life-givers.  

  • RCMP Assistance Needed! Pinaymootang “suffers” as Canada acts “outside legal framework”

    The Harper Government has been in constant damage control mode since being elected. It has literally been one scandal after another whether you are talking about finances, Ministers or Senators. At every turn, Harper’s dictatorial governance style and tight grip on his bureaucrats has failed to keep scandal from his doorstep – which speaks volumes about Harper himself.

    Never have we seen as many omnibus bills drafted so large that they effectively thwart the democratic legislative process. Nor have we seen as many sessions of Parliament being prorogued every time Harper needs to hide from another scandal. The level of hypocrisy within the Harper government has also reached epic proportions.

     

    On the First Nation front, Harper has not fared much better. He has single-handedly fostered one of the worst relationships with First Nations in history. From the failed Crown-First Nations Gathering which was supposed to “reset” the relationship, to the disastrous winter of Idle No More where Harper ran roughshod over both the Chiefs and the grassroots people who were demanding consultation on his legislative agenda, Harper has shown his gross incompetence as a Prime Minister. This incompetence has led to a complete breakdown in the relationship which leaves little room for negotiating tough issues. He has also lost all touch with reality when he and his Ministers assumed that the spirit of Idle No More fizzled out, as the protests all over the country in solidarity with Elsipogtog, demonstrated.

    Instead of coming to the table in good faith and trying to fix the mess that he has created and offer something of substance to address the injustices faced by First Nations, he continues to forge ahead with his assimilation agenda against the trends of most modern countries, international law and Canada’s own laws. Harper acts much like some unstable leaders throughout history, who, to their detriment, fixated on their own radical beliefs about a certain group or Nation and did everything in their power to control, dominate and/or eliminate them. It is time that the Governor-General removed Harper as Prime Minister before he does any more damage to Canadians, First Nations or other countries with his unconstitutional and dangerous actions.

    It is the height of hypocrisy for Harper to focus so much on First Nation accountability or alleged lack thereof given the mess he has made of his own government. He and his Ministers are acting without any fact-based evidence to support the alleged need to control First Nations governments more than they already controlled under the Indian Act and Canada’s oppressive laws and policies. Despite what some individual, uninformed, racist media commentators might pontificate about First Nations, the current situation in many First Nations is the uncomfortable result of Canada’s horrific genocidal policies and its ongoing paternalistic control and interference with First Nations at every level. The current trend of Indian and Northern Affairs Canada’s (INAC’s) interfering with First Nations governance as a means of political bullying is a little known reality for First Nation leaders.

    Take for example, the Algonquins of Barriere Lake. This community had a custom election code where they chose their leaders according to their own traditions. The INAC Minister had no say over how they chose their leaders, as they were outside of the Indian Act rules regarding elections. Yet, this fact did not stop the Minister from illegally removing the Chief and Council as leaders of their First Nation, when the community engaged in extended protests to keep outside companies from extracting resources from their territory. Although Canada proceeded to hold an Indian Act election, the Chief who was elected resigned in protest over Canada’s paternalistic control over their people. Canada’s political interference with the internal governance of First Nations appears to be an attempt to bully First Nations into giving up their sovereignty and jurisdiction over their lands and resources.

    http://www.youtube.com/watch?v=2SE0RLp79cQ

    One need only look at the example of Chief Theresa Spence, who, on behalf of Attawapiskat First Nation in Ontario, declared a state of emergency because of the lack of housing, to see an example of political deflection. The Red Cross came in to Attawapiskat to provide emergency relief, despite Canada’s legislative mandate to improve the social and economic well-being of First Nations. Instead of assisting, Harper vilified Chief Spence in Parliament with unfounded allegations about financial mismanagement and placed her under Third Party Management. It didn’t take a court long to see that not only was there no financial mismanagement, but also that Canada had acted illegally by putting Chief Spence in Third Party. This was clearly a diversionary tactic by Harper to deflect attention away from Canada’s neglect of First Nations, its failure to live up to its mandate, the gross violation of Aboriginal, treaty and human rights and its own government’s scandals.

    More recently, INAC decided to intervene in Pinaymootang First Nation in Manitoba and illegally oust the leadership. This received almost no media attention, but it is a stark reality faced by many First Nation leaders who consistently have to weigh their advocacy actions and governance decisions against the very real prospect of INAC’s heavy hand. If Chiefs do not act like “willing partners” with Harper’s government, they risk being thrown out of office.

    In Pinaymootang, the Chief and several councillors were removed from office – a very aggressive, heavy-handed move on the part of INAC. The timing of the removal was also suspect given that Pinaymootang was in the process of resolving outstanding flooding claims – a significant crisis issue that remains outstanding in many other Manitoba First Nations as well. Their illegal removal was further suspect given the First Nation’s upcoming elections. The following chronology reveals some disturbing facts about Canada’s abuse of power:

    Summer 2011 – Significant man-made flooding by the province of Manitoba to protect Winnipeg residents devastates First Nation communities;

    October 21, 2011 – Chief Woodhouse is re-elected with the his councillors;

    October 2011 – onward – Chief Woodhouse aggressively pursues flooding assistance for his community members;

    November 30, 2011 – An appeal of the election is submitted to Indian Affairs by a band member who had been fired from the band;

    December 13, 2011– Chief Woodhouse receives notice of the appeal, but INAC refuses to provide the details of the allegations despite requests by Chief’s lawyer for same;

    July 17, 2013 – INAC Minister Valcourt makes an order as per section 78 (2)(b)(iii) of the Indian Act that the positions of Chief and several councillors were vacant;

    –        an order per section 78.(3) that the applicants be ineligible to run in an election for a period of two years; and

    –        A Third Party Manager is put in place to control the community’s finances;

    August 30, 2013 – Chief Woodhouse obtains in interim order which reinstates he and his councillors back to office;

    October 21, 2013 – A federal court judge orders that the Minister’s decisions be set aside;

    October 25, 2013 – Chief Woodhouse is re-elected.

    To date, no RCMP charges have ever been laid against the Chief for any criminal activities in relation to the election. The timeline also shows that it took INAC almost two years to remove the Chief and several councillors from office.

    In the injunction hearing, the Federal Court judge remarked that Chief Woodhouse had been Chief since 1999 and that he and his councillors:

    “They have not been accused of, or found to have committed, any corrupt practice while in office. The evidence before me reveals that they have served their community long and well and enjoy community support and approval in their administrative and governance goals.”

     The judge went on to explain that the community was “suffering” as a result of INAC’s imposition of a Third Party Manager, as important negotiations in a class action claim against Canada and Manitoba had been halted as a result. In addition, for the seven weeks until the election, the cost of the Third Party Manager would be over $64,000 (a cost the band would have to pay) – for a manager who could not address the important issues being faced by the community. As a result, the judge granted the injunction to the band and restored them to office.

    The subsequent decision of the Federal Court in the main action for a judicial review confirmed that the Minister did not act within the legal framework when he removed the Chief from office and further, he had no authority to bar them from running in a future election as they had never been found guilty of a corrupt practice.

    “Therefore, I must conclude that the Minister’s decision was out of keeping with the legal framework governing his role under the Indian Act.”

    In other words, the Minister, like in Attawapiskat, acted illegally. While the frenzy over the Brazeau, Wallin and Duffy Senate scandal is dominating the media, we can’t let Harper’s multiple scandals over-shadow the very real scandals happening in the INAC Minister’s office every day. This is not the first time INAC has abused its power, nor will it be the last.

    Chief Sock of Elsipogtog felt the full force of Harper’s new militant resource development agenda and should be prepared for the vilification that usually follows Indigenous resistance to ongoing oppression and theft of our lands and resources. In all likelihood, Chief Sock will be accused of some sort of mismanagement; subjected to Third Party; or a random “investigation”. Other Chiefs standing up to protect their lands and resources, like Chief Arlen Dumas of Mathias Colomb Cree Nation, should also be prepared for attacks on their credibility or governance.  INAC works behind the scenes, often with political opponents of First Nations leaders, to vilify Chiefs to further Canada’s own agenda – which includes the surrender of our lands and resources and the imposition of assimilatory legislation.

    It’s time this abusive power was exposed and that the federal government be held to account. In my opinion, Harper should be placed in Third Party Management by a manager of our choice until we decide whether or not we want him removed by the Governor-General for acting outside the law. I think there is more than enough evidence for an order pursuant to Cree, Mi’kmaw, Ojibway or Anishinabek law to enforce this.

    Given that ours laws are as valid as Canada’s and protected in the Constitution Act 1982, I request 200 RCMP officers, in full camouflage, with their dogs, snipers and armoured personnel carriers to escort us while we serve these orders or removal on the Prime Minister. Let us know when you guys have the troops ready to go.

  • 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.

  • Mirror, Mirror on the Wall, Whose the Smartest of them All? The Problem with Radicals, Insurgents, Terrorists, and Non-Thinkers

    Mirror, Mirror on the wall, who’s the smartest of them all? Well, according to Natural Resources Minister Joe Oliver, the Conservatives are the smartest of them all – at least, they are the only ones who take “facts” into account when they think. This means that everyone else who does not think, act and support the Conservative right-wing agenda is relegated to that neanderthal group of non-thinkers who pose a national security risk. Sound familiar? http://www.cbc.ca/news/canada/north/story/2012/01/09/pol-joe-oliver-radical-groups.html Well, I am not just talking about me and my alleged “subversive and hostile activities”. Nor am I talking about Cindy Blackstock and her evil pursuit to give First Nations children a chance at the good life. This time I am talking about all those pesky environmentalists, anti-poverty groups, churches, amnesty groups, human rights organizations, international organizations, students, academics, lawyers, animal protection groups, scientists, researchers, women’s right organizations, Canadian politicians and political groups, actors, actresses and singers, and philanthropists, as well as the most notorious radicals, insurgents, and terrorists in Canada – Indigenous peoples. https://pampalmater.com/2012/01/when-advocating-for-first-nations-is.html Somehow this gigantic, ideologically, culturally, socially, politically and legally diverse group form a “radical” group of people who, according to Conservative Minister Oliver: “don’t take into account the facts but are driven by an ideological imperative”. This imperative is to “block trade” and “undermine Canada’s economy”. This out of control group “threaten to hijack our regulatory system to achieve their radical ideological agenda”. Honestly, just the thought of someone trying to hijack our regulatory process sends a cold shiver down my spine. Imagine the level of sophistication, planning and education that allowed such a dangerous group to read and understand those millions of regulations. The sheer level of dedication to their terrorist plot to protect the environment, the health of the residents or Indigenous lands is astounding. Don’t let this insurgent group’s reliance on research data, scientific studies, academic publications, and internationally recognized reports fool you. They are not basing their ideology of sustainability and human rights on “facts” – they are, instead, blindly following a radical ideology which is intent on destroying Canadians – i.e., those that voted Conservative in the last election. “Their goal is to stop any major project no matter what the cost to Canadian families in lost jobs and economic growth. No forestry. No mining. No oil. No gas. No more hydro-electric dams.” What next? Wind mills, solar power and bicycles? I think the answer is actually hidden in Minister Oliver’s comments – REAL Canadians support mining, logging and oil sands – regardless of the costs to people, land, water or the environment. Radicals support clean water, alternative energy and respecting Indigenous lands and resources. Thus, by stripping this rather large group of radicals of their citizenship (non-Canadians), intelligence (thinking without facts), or legitimate concerns (radical ideologies), they can be de-humanized, vilified, criminalized, and ultimately ignored. If you think I am being paranoid (that one’s for you CSIS), then ask any Indigenous person who has been labelled as “savage”, “pagan”, “heathen”, “uncivilized”, “communist”, “radical”, “insurgent”, “terrorist” threat to Canada. We are so dangerous in fact that it takes CSIS, special units of the RCMP, DND (military) AND Indian Affairs to keep an eye on our tiny little population. Stealing our land and resources, decimating our populations, outlawing our languages and cultures, keeping us in extreme poverty, stealing our children from us, throwing us in jails, and publicly vilifying us in the media is not enough to comfort those fact-based thinking Conservatives. If you ask me, the real radical terrorists are the “new” Conservative party. They are so far away from their old political ideologies that even some Conservatives are scared of this new party. However, given that many consider Harper to be akin to a dictator, these same old-school Conservatives fear doing anything but supporting this new radical party. It is plain to see that the right wing fanatics from the Reform Party invaded the Conservatives and have never ceded power. Once a dictator assumes power, the only way he can maintain it is through propaganda, misinformation, secrecy, fear and force. This is exactly what we see now. The new Conservative Party has shown that it is THEY who hold radical right-wing ideologies that they ram down the throats of the majority of Canadians. These ideologies are never based on fact, science or reality, but instead on their radical ideology that the ultimate goal is to achieve the most power and wealth it can. This is not my political rhetoric, as you will recall I don’t vote in federal or provincial elections as none of those parties represent our Indigenous Nations. What I am saying is fact – and in case you have any doubts, I invite you to consult the Parliament of Canada website and peruse the legislation that has already passed or is being proposed. It is highly focused on power (military, defense) and wealth (stopping unions, stealing reserve lands). http://www.parl.gc.ca/LegisInfo/Home.aspx?language=E&Parl=41&Ses=1 If such a political party can proceed with oil sands despite the catastrophic environmental, human and animal impacts; if it can proceed with destructive extraction industries ignoring Indigenous rights; or pursue wealth and power while leaving children and families to live in poverty – then I ask who is the radical terrorist? Who is acting in a way to subvert the well-being of Canadian citizens and Indigenous peoples, lands and waters? Since when did sustainable development, sharing the wealth, respecting human rights and Indigenous rights become anti-Canadian? Moreover, since when did participating in a democratic process like testifying before a regulatory board about one’s concerns about a project become such a radical act? Is Minister Oliver saying we are no longer entitled to hold a different opinion? That sounds radically like a dictatorship to me. I think we ought to start monitoring his Facebook, Twitter, and e-mail accounts and see what kind of meetings and conferences he attends. I’m a little nervous about this one.

  • When Advocating for First Nations is Considered a National Security Risk

    When the Aboriginal Peoples Television Network (APTN) reported that Indian and Northern Affairs Canada (INAC) dedicated countless INAC staff and thousands of dollars to spying on Cindy Blackstock – I think most of us in Turtle Island gave our heads a shake. While it has been known for sometime that Canada spies on our our Indigenous leaders and community members who defend our lands, I don’t think most of us were aware that any First Nation advocate was a target. This is what shocked me the most – that Canada’s “national security” laws are so broad as to make someone like Cindy Blackstock an enemy of the state. http://aptn.ca/pages/news/2011/11/14/federal-aboriginal-affairs-department-spying-on-advocate-for-first-nations-children/ If someone were to ask me who was the LEAST likely to be spied on by Canada, I would have said Cindy Blackstock because for anyone who knows Cindy or her work, they know she is a peaceful, law-abiding citizen with a big heart. Her only alleged “subversive” or “hostile” act against Canada is that peacefully advocates on behalf of the most vulnerable in our society: First Nations children. Cindy does not do her advocacy by riding in on combat helicopters or tanks – but instead runs the First Nation Child and Family Caring Society, donates her free time to spreading information and speak publicly about the realities faced by First Nations children, and is now running the HAVE A HEART campaign to raise money for First Nations children. http://www.fncfcs.com/have-a-heart (I know I include alot of links in my blogs, but please click on the above link and read about the HAVE A HEART campaign and do what you can to support her efforts.) The level to which Cindy was spied on by INAC is also quite surprising. For a department whose mandate it is to improve the lives of First Nations peoples, but claims to have no money for housing, water and basic necessities for First Nations – they sure spent a great deal of time attending Cindy’s events, spying on her personal Facebook page (not her public one), and reporting to both INAC and Justice Canada about her activities. They even violated her most private information by accessing her registration records and that of her family. Incredibly, INAC has been doing this for some time, so the costs must be astronomical. So, what was INAC’s response to all of this? Minister Duncan said there would be a probe into whether or not government officials broke privacy rules. http://aptn.ca/pages/news/2011/11/17/aboriginal-affairs-minister-launches-probe-into-blackstock-spying-affair/ However, it is important to note that the “probe” will be headed by Duncan’s Deputy Minister. Once the public knew that the DM was one of the many INAC employees who were copied on the surveillance reports on Cindy, we knew any “probe” would be a complete sham. For a government that complains about lack of transparency and accountability by First Nations – here INAC is having one of their spies investigate whether they were improperly spying – can anyone guess what the outcome will be? This whole situation made me wonder about my own situation and whether my work qualifies me as “hostile” or “subversive”. My advocacy activities have always been peaceful and mostly consist of volunteer activities like sharing information through social media, speaking engagements, working with individuals and community members on a wide range of Indigenous legal, cultural, social and political issues, training sessions, publications, appearing before the House and Senate on legislation impacting our people and organizing pow wows. I still wondered whether this would garner the attention of the multi-layered, well-funded, spy industry within Canada. So, I made an Access to Information and Privacy (ATIP) request to CSIS, INAC, RCMP and DND for any and all records, reports, security assessments, surveillance reports, etc that  they might have in relation to me and my work. To date, only CSIS has responded. In the CSIS letter of Dec.8, 2011, they refer to three different types of information: (1) Security Assessments/Advice; (2) CSIS Service Records; and (3) CSIS Investigational records. On the first set of information they provided me with some records of assessments done when I worked at INAC and Justice Canada, but refused to disclose other material, stating: “Portions of the material have been exempted from disclosure by virtue of section 15(1) (as it relates to the efforts of Canada towards detecting, preventing or suppressing subversive or hostile activities) of the Act.” For the second part, they confirmed they have no service records in relation to me (no surprise there) and for the third type of information they stated that they would “neither confirm nor deny that the records you requested exist.” However they did say that even if such records do exist, they would not release them to me anyway as part of their efforts in “detecting, preventing or suppressing subversive or hostile activities”. So, the moral of the story is that they have at least one type of file on me, and that they would not release the whole file so as to protect Canada from my alleged “subversive or hostile” activities. This to me is like being judged without knowing what I am accused of, and then being sentenced to ongoing spying on undisclosed activities for an undetermined amount of time so as to reduce the security risk to Canada in relation to my peaceful Indigenous advocacy activities. http://aptn.ca/pages/news/2012/01/03/indigenous-prof-puzzled-by-csis-answer-to-information-request/ If Canada’s national security laws permit such broad surveillance of our activities – then my question is what First Nation activities are NOT considered a potential threat to Canada? I would like to know how much money across all federal departments are allocated to spying on First Nations people? I would also like to compare that to the costs to provide housing, water and basic necessities of life to First Nations in need. I am guessing that I would not be entitled to this information either. In my previous blogs, I wrote about INAC issuing contracts to people to spy on First Nation elections and Facebook users. More Than Empty Promises https://pampalmater.com/2011/10/more-than-empty-promises-canadas.html Secret Agent Harper https://pampalmater.com/2011/06/secret-agent-harper-conservative-spy.html From Savages to Terrorists https://pampalmater.com/2011_05_01_archive.html Then, The First Nations Strategic Bulletin (FNSB) which came out in December 2011 explained how after the Conservatives came to power, the RCMP created the Aboriginal Joint Intelligence Group (JIG)partnering with the ENERGY and PRIVATE SECTOR to spy on First Nations. First Nations like Six Nations, Tyendinaga and others were all targeted. The JIG was run by RCMP Criminal Intelligence Branch and the RCMP National Security Criminal Investigations (NSCI) which deal with: “threats to national security and criminal extremism or terrorism”. Most shockingly was that FNSB also reported that the RCMP shared their surveillance reports with private businesses and that private businesses shared information with the RCMP about First Nations. The irony of the situation is so outrageous. It was Canada and its Indian agents that were hostile and subversive to our peoples – not the other way around. It is we who have pre-mature deaths, worse health, less education, less employment and less access to land and resources. It is we who continue to suffer the inter-generational effects of their colonial laws and policies which STILL exist today. Can you get any more hostile that the over-apprehension of our children from our communities at 3 times the rate of residential schools? Or that some of federal prisons have 100% Indigenous inmates or that the Indian Act still provides for our legislative extinction dates? Yet, we are supposed to be appeased when representatives of Canada speak about moving forward, looking ahead,  and reconciliation. How can First Nations be expected to come to the table with any hope of making real progress when their treaty “partner” comes to the table alleging good faith but with no less than 4 federal departments spying on our people and treating us like we are terrorists on our own lands? But will any of these important issues make it to the agenda for the First Nations-Crown Summit in January? Of course not. In case you haven’t noticed, very little of the core issues are on the table for discussion and resolution. Instead the agenda consists of program areas like economic development, education and accountability – important issues, but all ones which could easily be addressed by directors and a commitment to equitable funding. Issues like self-determination, First Nation jurisdiction, equitable funding, fair share of the land and resources, recognition of our treaties and Indigenous rights are all OFF the agenda. So, I will wait to see what information about my files I get from the RCMP, DND and INAC, and will also wait and see if NC Atleo addresses any of these fundamental relationship issues with Canada. But in the meantime, my bet is on our grass roots people and the youth in turning this situation around and taking back control over our own lives.