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

               Pam Palmater and Toronto Police Inspector Steve Irwin Giving Testimony Before Parliament (CBC News)

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

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

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

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

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

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

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

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

It's your move Ontario. #racismkills

---

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[xv]Ibid.

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

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

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

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

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

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

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

From Savages to Terrorists: Justifying Genocide of First Nations

I am moved to write this blog because a couple of my readers/listeners/followers have contacted me about comments I made a while back on Facebook where I was critical of the US using the codename "Geronimo" in the assassination of Bin Laden. I was critical about First Nations being publicly characterized as terrorists and some members of the public thought I was over-exaggerating the situation. In my view, this is a direct association between the world's most notorious terrorist and an Indigenous hero. In their views, no one had really compared Indigenous peoples to terrorists and my alleged exaggeration would only cause more harm than good.

I respect the fact that these individuals shared their viewpoints as it is only through this discussion and debate that these issues can be resolved. However, in this instance, the facts do not support their allegation. In fact, there is more than enough evidence which demonstrates a far-reaching pattern of racism and public vilifying of Indigenous peoples in Canada and even the United States.

The terminology, description, and context used by government officials, politicians, academics, and others to describe Indigenous peoples is little more than propaganda used to justify the ongoing genocide in our Nations. Public outcries against Indigenous gangs, criminals, corrupt leaders and "terrorists" do not serve to improve relations between our peoples or undo the harms inflicted by the settler society, but instead act as a distraction from the crisis in First Nations poverty and the ongoing theft of our lands and resources and denial of our sovereignty.

The characterization of our peoples as terrorists reinforces the notion of us vs. them and helps provide excuses for society to walk by our homeless, jail our youth, remove our children, murder our women, disempower and vilify our men, and support governments which provide funds for other countries while our communities lack drinking water, sewage, food, fire protection and schools - the basic necessities of life. Sadly, some of our own even partake in promoting the negative stereotypes against our people.

As a lawyer, I fully realize that despite the fact that this is just a blog - which has no real rules, my readers will expect links to articles, documents, and reports which back up my argument. For those of you who doubt that First Nations have ever been called terrorists, I refer you to the following selected examples. Of course, these are only a few examples as there are far too many to include here and after a while it hurts my heart to read too much of this.

(1) Tom Flanagan

As you all likely know, Tom Flanagan is no fan of First Nations and in fact has strenuously advocated for their assimilation for years saying that "it has to happen". His books, First Nations? Second Thoughts and Beyond the Indian Act: Restoring Aboriginal Property Rights have portrayed First Nations as "primitive", "communists", and "corrupt" and have also set their complex traditional property issues within the context of studies of "chimpanzees".

Here is the link to the book review I did of Beyond the Indian Act:

http://reviewcanada.ca/reviews/2010/04/01/opportunity-or-temptation/

Flanagan, who is a political scientist who has focused on western political issues and First Nations, is now apparently a "security" expert and has authored a paper for the Canadian Defense and Foreign Affairs Institute in 2009  entitled "Resource Industries and Security Issues in Northern Alberta".

http://www.cdfai.org/PDF/Resource%20Industries%20and%20Security%20Issues%20in%20Northern%20Alberta.pdf

In this paper, Flanagan argues that due to the "rapid expansion of natural-resource industries in northern Alberta, accompanied by growing environmentalist and aboriginal-rights movements" that "violent resistance to industrial development" is very possible from specific individuals like "saboteurs", "eco-terrorists" and "First Nations". While Flanagan explains that his paper could not deal with "Islamic terrorists" the focus of his paper was primarily on "security threats". Some of the examples he used were the "Lubicon Cree", the "Woodland Cree", and "warrior societies" like the "Mohawks in Ontario and Quebec".

Flanagan creates fear in his argument that an "apocalyptic scenario" of "nightmare" proportions would arise if Indigenous warrior societies and eco-terrorists joined forces:

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

But, then again, this is just his "expert" opinion. Does it really matter? I think most educated people would see Flanagan's unsupported claims for what they are. However, one can't ignore his political influence - having been Prime Minister Harper's right hand man or his influence on an uneducated public.

http://www.walrusmagazine.com/articles/the-man-behind-stephen-harper-tom-flanagan/

Sadly, his books, presentations and backroom influence will likely continue to promote the view of Indigenous peoples as terrorists for the sole purpose of justifying assimilatory state actions and laws.

(2) Christy Blatchford

Some of you may know Christie Blatchford, the "journalist" who wrote the book: Helpless in Caledonia: Caledonia's Nightmare of Fear and Anarchy and How the Law Failed Us All about the situation in Caledonia. Her book portrays the Six Nations land claims as an unimportant issue as compared to what she calls the "lawlessness" in Caledonia.

http://indigenousnationhood.blogspot.com/2011/01/update-tvo-agenda-botches-show-on.html

She also appeared on TVO's The Agenda to speak about her book and compared her coverage of the protests at Caledonia to the terrorist activities at "ground zero" in New York.

http://www.tvo.org/cfmx/tvoorg/theagenda/index.cfm?page_id=7&bpn=779932&ts=2011-01-14

Just the fact that she held her book signing in Caledonia and brought "protection" with her perpetuated the stereotypical view that Indigenous peoples are inherently dangerous thugs and terrorists ready to strike at a moment's notice. She got even more publicity for herself by bringing police to her book signing at a local university.

http://www.totalwomanshow.com/News/Local/article/827023

(3) Canadian Military

Then there is the Canadian military who have listed Mohawks as a threat to national security alongside terrorists like "communists", "anarchists", "Hezbollah", "Tamils", "Mexican Indians", and "Northern Ireland's paramilitary groups". They specifically noted that: "The rise of radical Native American organizations, such as the Mohawk Warrior Society, can be viewed as insurgencies".

The manual defines an "insurgency" as "a manifestation of war and that "The military's counter-insurgency actions "seeks not only to defeat the insurgents themselves, but the root causes of, and support for, the insurgency".

The manual itself can be accessed at this link:

http://ceasefireinsider.files.wordpress.com/2007/04/counter-insurgency-operations-manual.pdf

The military said in 2010 that they would apologize to the Mohawks, but no apology has been forthcoming:

http://video.ca.msn.com/watch/video/military-apologizing-to-mohawks/16ahlo0dq
http://www.montrealgazette.com/news/Military+apologize+Mohawk+Warriors/4015748/story.html

However, the Canadian military is not alone in its depiction of Indigenous peoples as terrorists. APTN was provided with copies of US State Department cables from Wikileaks where the US described "Indigenous terrorist groups" in Canada. APTN explains: "The cables, sent from the US embassy in Ottawa, and entitled Security Environmental Profile Response for Mission Canada, appear to be part of regular updates on the situation in the country."

http://aptn.ca/pages/news/2011/04/30/u-s-considers-native-canadian-groups-as-possible-terror-threats-embassy-cables/

(4) RCMP

We also know that the anti-terrorism unit of the RCMP has been over-zealous in its monitoring of Indigenous peoples. If the RCMP did not consider Indigenous peoples to be terrorists, its anti-terrorism unit would not be actively monitoring Indigenous peoples. The unit has been known to use excessive force on Indigenous peoples alleged to be involved in "Native Issues":

http://www.turtleisland.org/news/wcw1.pdf

In addition, in a confidential report written by the RCMP's criminal intelligence unit, they argue that our Indigenous youth are a threat to to civil society alleging that "street gangs and violent activity" will continue to increase and that "organized crime" is especially a part of Mohawk communities. I received this information from an ATIP request in 2008.

However, the RCMP did recognize that the Aboriginal populations are "marginalised", have a "diminishing quality of life", that the crimes committed by Aboriginal peoples are symptoms of "poverty" and "will only get worse" unless such poverty is addressed. They also highlight the Indian Act's role in their destitution: "Many Aboriginal people find themselves limited in education and employment opportunities because of the social order created by the Indian Act".

So, if we know the causes of these situations, why doesn't Canada go to war against poverty in our communities - instead of against us? Instead, the military, RCMP and sister enforcement agencies like DFO (Fisheries and Oceans) have intervened time and again to deny our rights at Kahnesatake, Burnt Church, Gustefsen Lake, Ipperwash,  and other Indigenous territories.

http://www.youtube.com/watch?v=HsvG4KpFHOA

First Nations are not the Terrorists:

Historically, First Nations were viewed as "primitive" and "savages". Even today, academics like Flanagan continue to promote that view of us.  It is no longer acceptable to call us savages, so the new word is terrorist - a word used to justify a whole series of unjustified enforcement and military actions against our people. As far as the military is concerned, they are at "war" with us.

Far worse, is the justification it gives Canadians to ignore the crisis of poverty in our communities and the ongoing discrimination faced by our people - men who are over-incarcerated, children who are removed from their families at epidemic proportions, or women who are murdered at alarming rates. It should be kept in mind that the Criminal Code of Canada prohibits acts of genocide which is defined not only as the direct killing of an identifiable group of people, but the creating of conditions that lead to their early deaths.

In fact, if one were to tally the casualties of war, I think we would see that we are the ones who have suffered and continue to suffer. The fact that our struggles to survive and preserve our lands, resources, cultures, languages and histories for our future generations are considered as acts of "war", "insurgency" or "terrorism" is more than mere discrimination - it is propaganda designed to justify the continued assimilation and genocide of our people.

http://www.ted.com/talks/lang/eng/aaron_huey.html

Here is an excerpt from a memorial posted on Daniel Paul's website related Native Americans:

"Today I remember:

The thousands of Cherokee, Creek, Choctaw, Seminole & Chickasaw People who suffered untold agony during the forced removal from their homelands in the 1830's. Innocent men, women and little children perished in concentration camps or froze and starved to death on the Trail Where They Cried.  

The 90 women and children who died in the Bear River Massacre in southeastern Idaho. 

The 200 Cheyenne men, women and children who were slain at Sand Creek in eastern Colorado by the US Cavalry led by Col John Chivington, a Methodist minister who ordered his men to "Kill and scalp all, big and little; nits make lice." 

The 200 murdered Blackfeet women and children who died at Maries River in northern Montana and the other 140 People who were left to freeze to death in the January cold.

The 103 Cheyenne women and children who were butchered on the Washita River in western Oklahoma. 

The 200 to 300 Sioux who were slaughtered under a flag of truce at Wounded Knee, South Dakota.

The 500 Sauk and Fox Indians led by Black Hawk who were massacred by militia forces while trying to negotiate a surrender. 

The Yuki's and other tribes of Indians in California whose populations declined from 11,000 to less than 1000 because white men wanted the land to search for gold. Organized Indian hunts were held on Sundays and our People were killed for sport.

The little children who were kidnapped from their homes and forced to attend BIA schools. Many of them died alone and lie in unmarked graves.

From the small pox, measles, typhoid, cholera, diphtheria, TB, and VD epidemics brought to us by the white invaders to the continued genocide still being waged against us, we know about terrorism. 
And I remember."

We can never truly address the problem until Canada admits that it has one. Sadly, Prime Minister Harper's statement that there was no colonisation in Canada does not give me much hope.

http://rabble.ca/blogs/bloggers/derrick/2009/09/harper-denial-g20-canada-has-no-history-colonialism

Geronimo was a hero, not a terrorist. Many of our leaders who fought to protect our lands and our Nations and who signed treaties were also heros - not terrorists. How quickly the settlers forget that it was they who invaded our territories and killed our people.

Many have asked about the solution. I don't think there is one solutions. A complex mix of tactics are required. While we fight Canada on the political and legal front, we must also ensure we protect what we have left.

It is therefore incumbent upon all of us to love and protect our people - regardless of how our actions are labelled. We are not the terrorists.

Beyond Blood: Rethinking Indigenous Identity and Belonging

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

Beyond Blood: Rethinking Indigenous Identity

Dr. Pamela D. Palmater

• What impact does status have on band membership codes?

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

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

• Interim proposed solutions to discrimination against Non-Status Indians

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

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

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

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

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

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

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

Purich Publishing Ltd.                                                              P: 306-373-5311

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

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

                    

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

"No Natives" Allowed: How Canada Breeds Racism and Fear

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

I received this picture from people on Facebook today who wanted to bring this issue to the attention of the public and the police. This picture is allegedly of a restaurant in Lakefield, Ontario. It was reported in the Toronto Sun that the police are investigating this as a hate crime. Here is the link to that story:

http://www.torontosun.com/news/canada/2011/03/16/17638211.html

If this incident actually happened (and everyone is innocent until proven guilty), it is a symptom of how Indigenous peoples are portrayed generally in our society - in schools, the media and by federal and provincial governments. Even if this one turns out to all a big misunderstanding, there used to be many similar signs like this, just for Aboriginal people:

I am less surprised by this kind of overt racism from members of small communities, when I hear famous people, like Kevin O'Leary (who appears on Dragon's Den and CBC News' Lang & O"Leary show). You will recall, that Kevin O'Leary called his co-host an "Indian giver" and when she rebuked him for such barbaric language, he repeated the phrase and defended his use of it.

http://www.thestar.com/news/canada/article/950584--cbc-ombud-slams-o-leary-s-offensive-on-air-comment

This comment was made on Canada's CBC News during prime time when a large number of Canadians would be watching. It happened LAST October 2010 and not a word of apology was issued by O'Leary or CBC. It wasn't until 5 months later and AFTER the CBC Ombudsperson had publicly released their decision that the comment was wrong and so was CBC for not immediately addressing it - that we heard any mention of an apology.

Specifically, the Ombudsperson stated:

"In this instance, the preferred course would have been for O’Leary not only to privately recognize the fault of his ways but to publicly express remorse, either that night or the next night or soon after. But if he wasn’t going to publicly apologize, the program could have done something further to make amends. Its obligation goes beyond the complainant to the viewers in order to uphold the broader reputation of the program and CBC itself."

http://www.cbc.ca/ombudsman/pdf/2011-03-02-Jamieson.pdf

This is obviously the point I am getting at about the effect such comments have, especially when left for many months to fester. The problem is that Indigenous peoples are getting it from all sides and by not acting to address these issues, it's no wonder society thinks this is acceptable. Scripted apologies forced by legal decisions, litigation or threat of job loss are hardly sincere or even effective at undoing the damage caused.

http://www.nationalpost.com/news/canada/pundit+censured+offensive+exchange/4399119/story.html

You will recall on the very same day that Prime Minister Stephen Harper offered a public apology on behalf of all Canadians for the physical, sexual, and other abuses committed in residential schools, his conservative MP, Pierre Poilievre, had the nerve to question the compensation being given to survivors and asked whether it was "value for money". I still feel nauseated when I read his comments. As if there is any monetary amount that could ever compensate for sexual abuse like rape, physical abuse like beatings, neglect that resulted in many deaths and the loss of culture, language and hope.

http://www2.macleans.ca/2008/06/11/pierre-poilievre-shows-his-empathy-for-residential-school-survivors/

Keep in mind, Canada has compensated Japanese families for ripping them from their homes and putting them in camps during the war. The Chinese were also compensated for the head tax that was imposed on them to prevent them from immigrating to Canada. While the Supreme Court of Canada has specifically said that discrimination is not "a race to the bottom" (i.e. who is more discriminated against), they have said that often times Aboriginal peoples are dually disadvantaged on mulitple levels not necessarily experienced by other groups.

http://www.canlii.org/en/ca/scc/doc/1999/1999canlii687/1999canlii687.pdf

Indigenous peoples suffered in residential schools for their entire childhoods and many others suffer the deadly inter-generational effects for communities all over the country which could take generations to address. How could the residential school compensation be less "value for money" than another group's? Somehow, conservatives and others find a way to insert doubt and blame into the conversation when it is about Indigenous peoples.

We all know about Senator Patrick Brazeau who uses the Senate chambers, resources, and logo to film carefully worded videos meant to portray First Nations as lazy and corrupt. In fact, on my previous blogs, I have highlighted his negative, stereotypes of First Nations and how in one show he even accused First Nations as hubs of "illegal activity". This all coming from an individual who claims to be First Nations - imagine the powerful effect this would have on the views and opinions of non-Aboriginal peoples.

That brings us to Minister of Indian Affairs, John Duncan. As you know from my previous blogs, I am no fan of Minister Duncan given his past racist comments about Indigenous peoples and their rights.

http://indigenousnationhood.blogspot.com/2010/09/indian-agents-are-back-pm-new-indian.html

Duncan was very much opposed to Aboriginal and treaty rights to fish, ignored their constitutional protection, and characterized them as "race-based".

http://www.mediaindigena.com/rickharp/issues-and-politics/indian-affairs-minister-john-duncan-menacing-or-muzzled

More recently, however, Minister Duncan appeared before the Senate Committee on Aboriginal Peoples regarding Bill S-11, the bill dealing with safe drinking water on First Nations. Senators have commented that all witnesses, both Aboriginal and non-Aboriginal alike, including water experts and legal experts all agree that this Act is so bad that even amendments could not save it.

On March 8, 2011, Minister Duncan, expressing his frustration, commented that:

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

How could we as Indigenous peoples NOT be, at the very least, "agressively contrary" to the sexual abuse in residential schools, the outlawing of our cultures, the legislated exclusion of our women and children from our Nations, the removal of thousands of our children to child welfare agencies, the early deaths of our people from extreme poverty, the theft of our traditional lands and resources,  and the political and legal destruction of our laws, governments and communities? In other countries, this can and has resulted in revolutions.

While I can't say for sure what was going on in his head, it certainly appears to me that Minister Duncan gave his comment some thought before he said it as he followed up his comment with confirmation that he will stand behind it. This is not dissimilar to Kevin O"Leary standing beside his racist remarks, or Tom Flanagan standing beside his comments. I have always been told to believe people when they tell you who they really are - so I am listening.

Aside from showing a pre-disposition to having racist views about Indigenous peoples, Minister Duncan's negative stereotyping of First Nations does little to suggest his views have evolved over time. Looking at it from society's point of view, if the Minister of Indian Affairs, who is supposed to be an advocate and champion for Aboriginal peoples in Canada has such hostile, negative views about Aboriginal peoples, why would we expect society to be any better? It is almost as if Minister Duncan is sickened to even have to work on this portfolio - which begs the question - why the heck does he?

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

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

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

http://indigenousnationhood.blogspot.com/2011/01/update-tvo-agenda-botches-show-on.html

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

 http://www.montrealgazette.com/news/Military+apologize+Mohawk+Warriors/4015748/story.html

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

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

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

Those of us who manage to wake up every day and win this internal battle (at least enough to keep trudging along), must then engage in the political and legal battle for our basic human rights and freedoms, to protect our cultures and identities for future generations, as well as the key issues like sovereignty, Aboriginal and treaty rights, land rights and so on. We have to know more than anyone else about our issues, we have to work harder than anyone else, and we have to find ways to do so politely and with smiles on our faces lest we be characterized as "agressively contrary" or "terrorists".

So the next time you hear someone say how easy First Nations have it; how they get everything for free; or how lazy they all are, why don't you suggest they live with Indigenous peoples for a while and see what the "free & easy" life is really like? Or perhaps they'd like to discuss the subject with those of us who fight in this battle 24-7?

It is time Canada accepted the fact that we will not be assimilated. Whether you call it "agressively contrary", "insurgency" or "criminal" - we will continue to protect our cultures and identites for future generations. If only Canadians could leave their minds open long enough to see the incredible strength of our diverse peoples, the beauty of our rich cultures and traditions, the unique ties we have to our territories, or the incredible pride we have in our identities - then they would see why we refuse to give it up.

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

Although my blog site already says this, I have to repeat it for the small handful of Brazeau fans that exist in Canada. This blog and every single word contained therein represents my own personal opinions and views as an Indigenous person. It does not represent legal advice nor should it be relied on as such. This blog, as with all others, represents my "fair comment", on a wide range of legal and political issues, i.e., my honestly-held, personal opinions which I have based on personal experiences, media reports, Senate documents, as well as other discussions and events that have been relayed to me by Indigenous people all over this country.

There is no malice in any of my blogs and, in fact, they are designed to engage with other Indigenous Peoples and to think critically about our state of affairs. This blog also does not hurt his "reputation" for his reputation, as has been relayed to me by Indigenous people, media and himself others confirms that he is an Indigenous person (some would argue used to be) who obtained his fame and political power by trashing Chiefs.

Senator Patrick Brazeau went from obscurity to enemy number one in Indian country because of his singular focus on trashing First Nations and Chiefs at every public opportunity. I have seen him on TV, quoted in newspapers, speaking in the Senate, heard his videos, and even been present in public forums where he literally trashes Chiefs as though such negativity and stereotypes were acceptable or even helpful in the debate. Whenever he loses some of the limelight, he will come up with his own bizarre home video to share with the public to again stir up some controversy and of course, publicity for himself.

Prior to becoming a hand-selected conservative Senator, Brazeau was the President of the Congress of Aboriginal Peoples (CAP) for a very short period of time. I say President, because although he called himself "Chief", he certainly did nothing to earn that title and in fact so often trashed Chiefs, I often wondered why he was so desperate to be called Chief? He only became President by default when the former one stepped down. He served out that term and was elected again amongst much controversy and several political plots to have him removed as President shortly thereafter - of course none of that ever made the media.

He appeared to use his very limited time as President to get as much media attention for himself as possible and the common theme was to stereotype First Nations and Chiefs in negative ways. This of course caught the attention of the conservatives, whose former political advisor was none other than Tom Flanagan - the poster boy for promoting the assimilation of First Nations. There is no better way to sell an otherwise objectionable or unconscionable idea than to get an Indian to do it. Here is where Brazeau found his niche.

By doing conservative bidding, he would get his media fame and make up for his failed modelling career and his failed attempt to become a real lawyer. We have to keep in mind that Brazeau brought no real political experience to the table when he became the President of CAP. He was a self-described former model and had completed some law school courses. Oh, and I can't forget - he was also allegedly a whiz in martial arts. How that ever qualified him to try to lead a national Aboriginal organization is beyond me.

FORMER MODEL: "PRESENTABLE FACE" FOR CAP:

http://www.canada.com/ottawacitizen/news/story.html?id=3f7827a1-d524-4c56-a6f4-d86bb1aada68

I think the above article may have unknowingly hit the nail on the head about where Brazeau gets his qualifications - it could be unresolved anger and jealousy for having lived a "rock's throw" away from the reserve and perhaps is why he is so bent on "throwing a few" rocks at First Nations. First Nations are not to blame for his living as a non-status Indian for part of his life and growing up off reserve. We all know that is Canada's legacy.

There is also a saying - don't throw rocks if you live in a glass house. While Brazeau clamored for media attention through throwing rocks at chiefs, he forgot to look in his own backyard. There are many media sources which say that Brazeau left CAP in financial and administrative shambles, that he had originally wanted to double-dip, i.e. get a 6-figure salary from CAP and a 6-figure salary from the Senate, that he was not paying his child support and even worse, that several former employees had filed sexual harassment complaints against him. Here are some links to related media reports:

SEXUAL HARASSMENT COMPLAINT AGAINST BRAZEAU

http://www.cbc.ca/canada/story/2009/01/07/brazeau-senate.html

BRAZEAU LAGGED ON $100 CHILD SUPPORT

http://www.thestar.com/news/canada/article/585027

BRAZEAU WANTED BOTH JOBS AND BOTH SALARIES

http://www.thestar.com/News/Canada/article/568616

SECOND WOMAN FILES SEXUAL HARASSMENT AGAINST BRAZEAU

http://www.thestar.com/News/Canada/article/568616

BRAZEAU CHOOSES STAFF ALLEGED AS "OFFICE DRINKERS"

http://www.ctv.ca/CTVNews/TopStories/20090208/senator_brazeau_090208/

BRAZEAU DEFENDS DRIVING PORCHE AND REPRESENTING IMPOVERISHED

http://www.ctv.ca/CTVNews/TopStories/20090208/senator_brazeau_090208/

Certainly, this is not the kind of resume I would want from a person that would represent me in the Senate.

In addition, the current President of CAP, Betty-Ann Lavallee has indicated that Brazeau is suing her and CAP for speaking out publicly about Brazeau. I have not seen the actual Statement of Claim, so I can't provide any details. When interviewed, Brazeau always tries to shift the focus on his critics, as if they just make these things up. Some elders have indicated their view that by not taking responsibility for any of his actions, Brazeau cannot ever grow and become a better person.

If we are to believe what is reported in the media about the horrible mess that CAP's finances were left in after Brazeau's reign, then we start to get a picture about his real talents or lack thereof.

CAP's ACCOUNTS FROZEN:

http://media.knet.ca/node/2089

On a more personal note, I used to be a member of the New Brunswick Aboriginal Peoples Council (NBAPC), which is a provincial affiliate of CAP. I used to attend their Annual General Meetings (AGMs) and one year Brazeau, then President of CAP attended to give a speech to the delegates. Instead of focusing on the severe poverty in off-reserve Aboriginal communities, lack of housing, jobs, and recognition of rights, his mantra was "Down with the Chiefs"! I believe that session was taped, but I never saw it ever reproduced. There were many of us sitting in the audience in absolute shock as he loudly and passionately shouted "Down with the Chiefs".

He completely ignored the fact that although the NBAPC represented off-reserve Aboriginal peoples, many of them still had band membership with their home communities; many had close relations with their families and friends on reserve, and more still worked in solidarity with their communities, including their chiefs, to bring about change for their people. His stereotyping of all chiefs as bad, not only hurt the hearts and souls of the people he spoke to, but he betrayed the very position with which he occupied - to be a spokesperson of the people he represented. No one in my family or circle of friends and relations held such negative, stereotypical views about our leaders - so I was left who the heck was he representing?

From that point on, every time I saw him in the media, he was literally parroting everything that the Minister of Indian Affairs or conservative MPs had to say about Aboriginal peoples. At one of the last AGMs of CAP that he ever attended during his short reign, one of the delegates stood up and turned his back to Brazeau, when Brazeau got up to address the delegation. In our tradition, this is our way of saying that the person being shunned is no longer considered an Indigenous person which belongs to the community. No one yelled or challenged Brazeau because from that point on, as far as many were concerned, he was no longer a part of the Indigenous community.

It was not long after that, that Brazeau was appointed to the Senate where he has been given a forum to continue trashing our communities through our leaders. Many people across the country who write to me, call or meet me, feel that Brazeau has single-handedly set back all the public education that has been done over the last 20 years to overcome the racist stereotypes about First Nations. Now, thanks to Brazeau and other right-wing groups and academics, it has become acceptable again to publicly insult, stereotype, and humiliate our people.

The really sad thing about Brazeau's situation is that he was so young and inexperienced that he could not see how easily he was manipulated and used by the conservatives. What was so clear to those of us who were more experienced and used to the kinds of political games and divide and conquer methods used by governments, was beyond Brazeau's comprehension. Instead of seeking advice and guidance from the many experienced leaders in our communities - some of whom have done amazing things for their communities, he acted as if he had all the answers. It was pitiful to watch, especially since it is so rare for an Indigenous person to be so completely "converted".

Despite all this, what it comes down to at the end of the day is personal responsibility. Many elders have told me that Brazeau had a choice: he could be a spokesperson for his people or for himself and it appears as though he chose the latter. According to the elders, he therefore has to accept full responsibility for all the damage he has done and is doing in his pursuit of fame and power. I have learned over the years that our elders' wisdom should not be discounted lightly. Even if Brazeau would take time to consider the criticism that is levelled against him, he might be forgiven for ignoring it. Yet he seems to relish in the spotlight and use those opportunities to further insult and stereotype our leaders and in so doing, our communities and future generations.

I have written previously about my concerns over Brazeau's use of Senate insignia and meeting rooms to film his bizarre videos criticizing chiefs, his uninformed opinions on our communities, and the disrespectful way he talks about our leaders. Many experienced Senators work on various issues outside of the Senate to support important community issues - but they do so in a helpful, positive way. Using the resources of the Senate to vilify, even if only by implication, a cultural group that is already the most vulnerable group in society, goes well beyond what is conduct expected of a Senator.

Readers may also recall that when I was invited to the Senate to present on Bill S-4 regarding matrimonial real property (MRP) as an expert witness, Brazeau later, when I was not there to defend myself, wrongly accused me of being a paid consultant to the Chiefs and therefore asked the Senate to ignore my expert legal testimony based on the unfounded allegation that I was only there to "feather my nest". When APTN made my subsequent complaint public, it was the Chiefs who stepped forward to defend me publicly and by letters.

Did Brazeau ever apologize to me personally? No. But I can tell you that the next time I was invited as an expert witness to speak to the Senate on Bill C-3, I was unexpectedly disinvited at the last minute after having already made travel and other arrangements. I have to wonder whether I will ever be invited back after having spoke out against Brazeau's behaviour.

Now, Brazeau's tiresome campaign against the Chiefs continues. Many chiefs have complained how he treats them disrespectfully whenever they appear before a committee of the Senate. Brazeau himself admits to "testy" exchanges. I wonder if Brazeau would ever think to speak to PM Harper that way?? Of course not. Some of you may be questioning why I would compare First Nations Chiefs to a PM - well, if its good enough for the salary issue, why is it not applicable for other issues? The public can't have it both ways.

Below is a link to APTN's story on the issue:

http://aptn.ca/pages/news/2011/02/09/brazeau-not-legitimate-represenative-of-first-nations-ontario-chiefs/

The letter that is referenced comes from the Chiefs of Ontario and is addressed to all Senators and Members of Parliament. It is signed by the heads of its regional organizations as well as Chiefs from Six Nations and Akwesasne. They raise a very important issue: that Brazeau was never nominated, appointed, elected or in any way chosen by First Nations people to speak for them and therefore he should not do so. In fact, they argue that it is a breach of our numerous international human rights.

The letter goes on to state that while they recognize that the conservative government has the right to appoint anyone it chooses to the Senate, the government must recognize that First Nations have the right to choose their own leaders and have asked that the Conservatives: "desist from characterizing Senator Brazeau as someone who can speak to our issues".

This seems like a reasonable request given that many have questioned not only his ability to be a Senator and former President of CAP, but also his lack of experience personally or politically in First Nations. Given that some of Brazeau's own "grass roots" people have literally turned their backs on him and no longer even consider him Indigenous, I think the request is more than reasonable.

We are all sick of Brazeau's tiresome campaign against First Nations and their leaders. Many of us are even sick of seeing him on TV. Let him sit in the Senate with his former CAP employees and work on other issues. Leave the business of First Nations issues to those with the experience to add something positive to the agenda. Let's get on with the business of finding solutions to the serious and even deadly issues facing Indigenous peoples in Canada and finally wrap up Brazeau's 15 minutes of fame.