Today, the United Nations Human Rights Committee released its Concluding Observations on Canada's sixth report in relation to Canada's compliance with the International Covenant on Civil and Political Rights (advanced unedited version). While it commended recent legislation adopted by individual provinces in relation to human rights, there was no overall commendation for Canada. In fact, the majority of the report expressed numerous concerns about Canada's failures in relation to the basic human rights of Indigenous peoples.
The United Nations Human Rights Committee directed Canada to "widely disseminate" this report among judicial, legislative and administrative authorities, civil society, non-governmental organizations and the general public. It is not likely that Canada will do so, therefore, here is a summary of some of their concerns and key recommendations specific to Indigenous peoples:
GENDER EQUALITY
Concern: "persisting inequalities between women and men" including "high level of the pay gap" which is more pronounced for Indigenous women and the "underrepresentation of women in leadership positions in the public and private sectors";
Recommendations:
(a) guarantee equal pay for equal work, with special focus on Indigenous women;
(b) promote better representation of women in leadership;
VIOLENCE AGAINST WOMEN
Concern: "continued high prevalence of domestic violence in the State party, in particular violence against women and girls, that mostly affects indigenous and minority women" as well as insufficiency of shelters and failure of police to investigate and prosecute;
Recommendations:
(a) make efforts to "firmly combat" domestic violence against women in all forms, especially Indigenous women;
(b) investigate all reported cases and follow through with prosecutions;
(c) increase shelters and support services;
MURDERED AND MISSING INDIGENOUS WOMEN AND GIRLS
Concern: "indigenous women and girls are disproportionately affected by life-threatening forms of violence, homicides and disappearances" and Canada's "failure to provide adequate and effective responses" and failure to provide information about their investigations, prosecutions and punishments of those responsible;
Recommendations:
(a) conduct a national inquiry on murdered and missing Indigenous women and girls in consultation with Indigenous women's organizations and families;
(b) review its legislation to prevent further murders and disappearances;
(c) investigate & prosecute offenders & provide reparations to victims;
(d) address the root causes of violence against Indigenous women and girls;
EXCESSIVE FORCE DURING PROTESTS AND POLICE ACCOUNTABILITY
Concern: "excessive use of force by law enforcement officers during mass arrests in the context of protests at federal and provincial levels, with particular reference to indigenous land-related protests" as well as concerns about "complaints not always promptly investigated and the lenient nature of sanctions imposed";
Recommendations:
(a) ensure all allegations of ill-treatment and excessive use of force by police investigated;
(b) need strong independent oversight bodies with adequate resources;
(c) those responsible are prosecuted and punished with appropriate penalties;
INDIGENOUS LANDS AND TITLES
Concern: "potential extinguishment of indigenous land rights and titles" and the number of years of unresolved land disputes places financial burden on Indigenous peoples and "Indigenous peoples are not always consulted" on legislation that impacts our lands and rights;
Recommendations:
(a) seek free informed and prior consent for legislation and actions that impacts our lands and rights;
(b) resolve land and resource disputes.
INDIAN ACT
Concern: "slow" pace at which Canada is removing gender discrimination in the Indian Act thereby preventing Indigenous women and their descendants from transmitting Indian status equally with men
Recommendation:
(a) remove all remaining discriminatory effects of Indian Act for Indigenous women and children so they enjoy rights of Indian status on equal footing with men;
OVERREPRESENTATION OF INDIGENOUS PEOPLES IN JUSTICE SYSTEM
Concern: "disproportionately high rate of incarceration of indigenous people, including women, in federal and provincial prisons across Canada"
Recommendation:
(a) prevent excessive use of incarceration of Indigenous peoples;
(b) wherever possible use alternatives to detention (including serving sentences in communities);
SITUATION OF INDIGENOUS PEOPLES
Concern: "risk of disappearances of indigenous languages", "lack of access to basic needs", lack of funding for child welfare, and not all students of residential schools have been given redress;
Recommendations:
(a) implement and reinforce programs to provide basic needs;
(b) programs to preserve Indigenous languages; and
(c) provide child and family services on reserve with sufficient funding;
(d) implement TRC recommendations;
Canada should be ashamed that it has such a poor record on protecting the basic human rights of Indigenous peoples - especially in relation to Indigenous women and children. It is a disgrace that Canada sits with other countries, like Mexico, for the continued murders and disappearances of Indigenous women and girls. Even after decades of litigation, Canada has still has not addressed Indian Act gender discrimination which excludes thousands of children of Indigenous women. Canada has no defense for its discriminatory under-funding of First Nations children in care which causes hardship for our most vulnerable. The extreme poverty, over-representation of our people in prison, dying languages, and Canada's continued failure to respect our Indigenous rights and title have all been noticed by the United Nations as violations of our basic human rights.
It is long past the time for Canada to address these long-standing human rights violations of Indigenous peoples - this is not the Canada anyone envisioned - including our mutual ancestors who signed peace and friendship treaties.
Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts
Thursday, July 23, 2015
Sunday, July 12, 2015
My Brief for the Human Rights Committee's Concluding Observations of Canada: Clarifications Related to Canada's Testimony
Corporate Social Responsibility
In the review, Canada stated that international treaties ratified by Canada are not binding law in Canada. Canada also stated that Canadian companies doing business abroad are expected to demonstrate Canadian values and follow applicable human rights laws. However, if the State does not consider ICCPRapplicable law in Canada, then its corporate entities would have no reason to respect the human rights contained therein.
I would thus recommend that the Committee both clarify the UN’s position in this regard and recommend to Canada to specifically implement the ICCPR into domestic law.
I would thus recommend that the Committee both clarify the UN’s position in this regard and recommend to Canada to specifically implement the ICCPR into domestic law.
Gender Equality
In the review Canada stated that it is committed to gender equality and claimed that women make 91% of what men make. In fact, the national wage gap in Canada is 18%, much higher than other countries. In some provinces like Ontario, that gap can reach 31%. The gap is significantly higher for Indigenous peoples at 30% compared to average Canadian, and in some areas of Canada, the gap is as high as 88%.
I would recommend that the Committee recommend that Canada undertake specific measures and develop specific targets and measures to address sex discrimination generally and the wage gap specifically.
The Federal Court of Appeal in McIvor case confirmed gender discrimination, but Canada enacted Bill C-3 without consulting with First Nations, and which specifically denied any compensation for Indigenous women impacted. Indigenous women and descendants are the only group in Canada that has ever been denied compensation for a Charter right violation.
The Committee should also recommend that Canada negotiate a compensation package for all the Indigenous women and their descendants reinstated by Bill C-3 for loss of services (education, housing, health benefits, training).
Violence against Indigenous Women
Canada stated that one measure to combat violence against Indigenous women are the 40 shelters on reserve. It should be noted that there are 633 reserves in Canada, which means there are shelters in less than 6% of on-reserve communities. Canada also portrayed the crisis of murdered and missing Indigenous women as one of crime, when domestic and UN reports have confirmed the root causes are in Canada’s discriminatory laws and policies, the culture of violence against Indigenous women, and the chronic and discriminatory underfunding of essential human services, like food, water, housing, education and health.
I would recommend that the Committee support the recommendations of the Special Rapporteur on the Rights of Indigenous Peoples, IACHR and CEDAW to develop a national action plan to address the socio-economic conditions which result in the disproportionate vulnerability to violence in partnership with Indigenous communities and Indigenous women’s organizations and commit to a national inquiry.
Indigenous Children in Care
Canada submitted that it does not know what factors are at play to explain the gross over-representation of Indigenous children in state care. 50% of all children in care in Canada are Indigenous, despite being only 4% of the population and represent 90% of children in care in provinces like Manitoba. Canada’s own studies have shown that the root causes are poverty, the chronic underfunding of child and family services for First Nations on reserve, inter-generational trauma from residential schools and state discrimination.
I would recommend that the Committee recommend that Canada fund Indigenous Child and Family Services at levels no less than provincial levels, with extra funding to address the backlog and volume of cases and for additional Indigenous staff, training, and infrastructure for CFS services on reserve with a focus of keeping children in their families, communities and cultures.
Indian Act Sex Discrimination
Canada stated in its response to the List of Issues at para.125 that: “the Indian registration provisions in the current Indian Act do not discriminate against women”. When questioned by Committee about unresolved sex discrimination in the Act, it responded that Bill C-3 was “a step forward” and “no one sees it as anywhere near being concluded”, but that Canada prefers an “incremental approach”. This is not a good faith application of either domestic or international law obligations in relation to gender equality. Practically, this means Canada prefers to defend lengthy and costly law suits which take upwards of 25 years to reach the Supreme Court of Canada. There is no justifiable reason for Indigenous women and their descendants to wait 139 years for the Actto be slowly amended to eliminate gender discrimination.
Indigenous women and their descendants are already impoverished and without Indian status, miss out on health benefits, post-secondary education, and other social programs critical to their health, safety, and well-being; which we already know makes them vulnerable to violence. Canada also stated that they have a “Special Rapporteur” that is currently “consulting” with First Nations on how to clean up the Indian Act discrimination. This is simply not true – and if it has done so, they have not informed anyone.
I would recommend that the Committee recommend to Canada that it amend the Indian Act to eliminate all sex discrimination in the Indian Act’s registration provisions and it could start by immediately by amending the registration provisions as follows:
(a) remove the 1951 cut-off and ensure that all direct descendants on the female Aboriginal line, born prior to April 17, 1985, are accorded the same 6(1) status as the descendants on the male line;
(b) ensure that no one born prior to April 17, 1985 who is entitled to status is consigned to s. 6(2) status;
(c) ensure that entitlement to 6(1) status is extended to the female child of the status man and non-status woman who were unmarried; and
(d) all administrative barriers are removed so that unmarried status Indian women are able to transmit their Indian status to their children, even if the father is unstated.
Police Misconduct
In responding to various concerns raised in Committee related to sex discrimination, violence against Indigenous women, and police misconduct, Canada failed to mention the major class action suit filed against the RCMP by female staff and officers for sex discrimination. It failed to mention the Human Rights Watch report which documented instances of RCMP sexually and physically assaulted Indigenous girls. It also did not mention the Donald Marshall Inquiry, Manitoba Justice Inquiry or Ipperwash Inquiry which all found that racism against Indigenous peoples in Canada’s police forces is a major problem that has yet to be addressed.
I would recommend that the Committee recommend that Canada develop a more robust and transparent oversight mechanism for all police forces that is completely independent from both political and police interference which a specific focus on and Indigenous ombudsperson for Indigenous peoples.
UNDRIP
In the review, Canada did not orally respond to the question in committee about whether Canada has changed domestic law and policy to align with its endorsement of UNDRIP. In Canada’s Statement of Support it states: (1) it is an aspirational document (2) it’s not legally binding in Canada (3) it does not reflect customary international law (4) it does not change Canadian law. When former Minister of Indian Affairs John Duncan was questioned on the impact of UNDRIP, he responded that Canada has its "own agenda" and as a result does not "anticipate any significant change". Canada’s endorsement of UNDRIP is not done in good faith or with intention to have any practical effect.
I would thus recommend that the Committee recommend to Canada that Canada implement the UNDRIP in good faith.
Indigenous Languages
In the review, Canada stated that the reason for Indigenous language loss included migration and the media. The real cause of language loss stems from Canada’s assimilatory laws and policies, like residential schools, which tortured, abused and shamed children for speaking their languages. Indigenous languages were literally beaten out of many generations of Indigenous children. Canada admitted this in its residential school apology: “The government now recognizes that the consequences of the Indian Residential Schools policy were profoundly negative and that this policy has had a lasting and damaging impact on Aboriginal culture, heritage and language.”
Immediately after this apology, Canada cut funding to Indigenous languages further exacerbating the problem. Canada’s legal and economic promotion and support of English and French has not been extended to the same degree for Indigenous languages and they have no data to show that their minimal efforts in this regard have increased language use. In fact, Canada’s $5 million/year language budget amounts to less than $5 per Indigenous person in Canada annually. It is simply impossible to save languages at this token level.
I would recommend that the Committee supports the recommendations of the Truth and Reconciliation Report and recommend that Canada provide immediate and significant funding to First Nations on par with funding that supports English and French languages, to ensure immersion and adult programs in every First Nation in Canada.
Submitted by Dr. Pamela D. Palmater, Mi'kmaw Nation, sponsored by Franciscans International, on July 9, 2015 in Geneva, Switzerland.
Note:
(Some of the NGOs in Geneva Switzerland)
After hearing a great deal of misinformation and non-answers from Canada during the United Nations Human Rights Committee's review of Canada's obligations under ICCPR (International Covenant on Civil and Political Rights); some of the NGO's (non-governmental organizations) that attended asked if we could submit clarifications to the committee before they conclude their review. We were given permission to do so, and some of us submitted briefs which were to be no longer than one page. My original submission contains footnotes and links to sources not provided here.
Some of the other NGO's (like FAFIA and Amnesty International), made clarifications and recommendations related to various issues, some of which included:
- addressing homelessness as part of the right to life;
- insufficient review and oversight of security and law enforcement under Bill C-51;
- the need to support unanimous recommendations by all international human rights bodies recommending a national inquiry and action plan on murdered and missing Indigenous women;
- need to Canada to respect laws related to free, informed and prior consent of Indigenous peoples for land use, including extractive industries;
- removal of sex discrimination from the Indian Act registration provisions; and
- clarifications around the skewed RCMP statistics which try to paint a discriminatory picture of Indigenous peoples.
Canada was given 48 hours to submit written material to supplement their oral testimony. The Committee's conclusions are due July 23, 2015.
Monday, July 6, 2015
My Submission to United Nations Human Rights Committee on Canada's Human Rights Violations
Statement of Pamela Palmater
to the
114th Human Rights Committee Session:
Formal Briefing on Canada
(July 6, 2015 Geneva, Switzerland)
Kwe, n’in teluisi Pam Palmater. I am from the sovereign Indigenous Nation of the Mi’kmaq in Mi’kma’ki, Canada. I am here as an impacted Indigenous individual thanks to the support of Franciscans International. Today I would like to testify to three urgent situations related to Canada’s obligations under the Covenant which are also raised in the joint submission presented by the NGO Mining Working Group in response to the List of Issues which I fully support:
First, the criminalization of Indigenous peoples in Canada for our human rights advocacy and defense of our lands.
Federal and provincial laws and regulations have criminalized Indigenous peoples’ traditional occupations and trade economies by making it illegal to hunt, fish, gather or use our natural resources within our traditional, treaty, title, trapping or reserve lands. Engaging in Indigenous rights advocacy or defense of the environment to protect the health of our lands, waters, plants, animals and people also results in our public vilification, beatings, arrests, imprisonment, and/or deaths.
The incarceration rate for Indigenous peoples is 10 times higher than the national average. Since 2000, the Indigenous inmate population has increased by over 56% and in some prisons, represent as much as 65% of the inmate population. The Government’s own studies have consistently concluded that it is the result of racism in Canada’s justice system.
The recently enacted Anti-Terrorism Act (C-51) threatens to treat peaceful Indigenous activists as potential terrorists. There are several examples in which Canada’s Ministers, military, and RCMP have already labelled First Nations as “insurgents”, “eco-terrorists” and “threats to national security.” Given this context, we feel that we will be targeted under this law if we continue our traditional practices.
Second, the Committee ought to emphasize the growing crisis of poverty and discriminatory treatmentof Indigenous peoples.
Despite being less than 4% of the population, Indigenous children make up nearly 50% of all children in state care (90% in Manitoba). 73% of all water systems in First Nations are at high risk – for those that have running water. The majority of houses on reserve are in need of major repair and/or overcrowded (upwards of 25 people to a home). Indigenous peoples suffer higher rates of ill health, accidents, and injuries and have some of the highest suicide rates in the world. Indigenous women and girls are over-represented in those that are murdered or missing – 16% nationally, but as high as 55% in provinces like Saskatchewan. Indigenous peoples have lower rates of education and employment and live 7-20 years less than Canadians.
As different UN mechanisms have consistently found, this crisis is particularly jarring in a wealthy and highly developed country like Canada - especially since the majority of the wealth comes from Indigenous lands.The situation is aggravated by the Government’s failure to protect Indigenous peoples’ rights, to remedy harms, and to properly fund Indigenous institutions.
Third and finally, I emphasize Canada’s failure to consult with Indigenous peoples regarding legislation and actions impacting Indigenous lands and waters.
Despite decisions from the Supreme Court of Canada directing Canada to consult, accommodate, and obtain the consent of Indigenous peoples, Canada has unilaterally limited debate and refused to consult with Indigenous peoples on legislation which impacts our inherent, Aboriginal and treaty rights.
Peaceful civil actions by Indigenous peoples to protect lands and waters from clear-cutting, mining, hydro-fracking or pipelines are met with heavy RCMP intervention. State law enforcement is used to protect state subsidized corporations to engage in the extraction of Indigenous lands, waters and resources without our consent, to our social and economic detriment, to the destruction of our lands and waters and in violation of our human rights.
Together with the NGO Mining Working Group, I urge the Committee to consider the following recommendations for Canada:
(1) Repeal Bill C-51 Anti-Terrorism Act and all recent legislation unilaterally imposed on Indigenous peoples and start a comprehensive study and consultative process in partnership with Indigenous peoples;
(2) Develop independent and more robust oversight, reporting, and redress mechanismsfor Canada’s national security activities, law enforcement, and surveillance of Indigenous peoples and other environmental and human rights defenders;
(3) Take all measures necessary to ensure that all domestic and international extractive activities by Canadian corporations comply with human rights obligations, including obtaining the free, informed and prior consent of Indigenous peoples;
(4) Provide adequate funding to Indigenous peoples to address the multiple, over-lapping crises in education, health, housing, food, water, infrastructure, flooding;
(5) Take emergency action to address structural discrimination especially the over-representation of Indigenous children in care; murdered and missing Indigenous women and girls; and the over-incarceration of Indigenous peoples; and
(6) Implement treaties, address outstanding claims of lands and resources; and develop a more equitable revenue sharing structure in partnership with Indigenous peoples.
( Note:
(Sharon McIvor and I at the United Nations in Geneva)
The Committee only allows 3 minutes to present. Therefore, all presenters had to pick only 2 or 3 core issues to discuss. I could not read the entirety of even this small submission, so I hit the highlights of the issue and read the recommendations. Sharon McIvor was there to make a submission on two issues: murdered and missing Indigenous women and sex discrimination against Indigenous women and their descendants in the Indian Act registration provisions. Art Manuel presented on self-determination and Canada's failures in this regard. Amnesty International spoke on a variety of issues, one of which was Bill C-51 and recommending its repeal.
f
Wednesday, April 8, 2015
Transcript of my Testimony on Bill C-51 Anti-Terrorism Act - March 24 2015
Dr. Pamela Palmater (Chair in Indigenous Governance, Ryerson University, Department of Politics & Public Administration, As an Individual)*
Thank you for inviting me here today to speak. I want to first acknowledge that we're on the traditional territory of the Algonquin Nation and that's not just the polite acknowledgement. That's the very reason why all of you get to sit here today. Were it not for the cooperation, generosity, kindness, and political alliances, Canada wouldn't be what it is. Were it not for the peace treaties between our nations that are now constitutionally protected and form part of the foundational aspect of Canada, none of us would be sitting here today. I think that goes to the very heart of Bill C-51 and why I am opposed to it.
Canada has placed Bill C-51 before indigenous peoples without any information, analysis, details on how it will impact our nations, any consultation, information or consent from our part. It is a gross violation of our nations to nation relationship.
I don't have time to go through all of the technical legal details and problems with this bill except to say that I echo all of the concerns that have already been brought and will be brought by the thousands of lawyers in this country, security experts, former prime ministers and former Supreme Court of Canada justices. My main concern is how this bill will impact me, my family and indigenous peoples all over Canada and our treaty partners, other Canadians.
Canada has a long history of criminalizing every aspect of indigenous identity. From the scalping bounties in 1949, which nearly wiped out my Mi'kmaq Nation, to the Indian Act, which has outlawed our culture, our right to educate our own children, and even excluded indigenous women from our communities. Every aspect of our identity has been criminalized, both historically and continues into present day. In every single instance, we've had to resist all of these laws, keeping in mind these were all validly enacted laws. It was legal to take Mi'kmaq scalps; it was legal to confine us to reserves; it was legal to deny us legal representation. All of these things were law in Canada. We had to be criminals as in, we had to break the law in order to preserve our lives, our physical security, and our identities. We are being faced with this very problem again with Bill C-51.
Over the years, these laws have morphed into provincial and municipal regulations that deal with even our traditional means of providing subsistence—hunting, fishing, gathering have all been so criminalized for indigenous peoples that we end up skulking around in the forest just to be able to provide food for our families. Every single court case that has been won at the Supreme Court of Canada has been a battle between indigenous peoples trying to live their lives and exercise their rights and identities facing some kind of criminal or regulatory charge.
In every single instance, we have been labelled as criminals, treated as criminals, and one need only look at the current prison population to understand that this is still the case; not just the case, but as Howard Sapers, from the Office of the Correctional Investigator, has indicated, a “national crisis and embarrassment.” And why? Not because we're actually terrorists; not because we're more culturally predisposed to being criminals, but as a direct result of Canada's discriminatory laws and policies. There have been endless justice inquiries, which have pointed to the infection in our Canadian justice system of racism. The Donald Marshall wrongful prosecution inquiry, the Manitoba justice inquiry, the Ipperwash Inquiry, say that every aspect of our justice system, from the arresting officers, to the lawyers, to the judges, to the prison systems, overtly and systemically discriminate against indigenous peoples. That's our current reality.
Bill C-51 proposes to take that to the last and final step. All we have left now, as indigenous peoples are our thoughts. Our private thoughts will now be criminalized. It will now be possible to be considered a terrorist for storing alleged terrorist propaganda on our own personal computers. My declaration of sovereignty, and I'm going to say it before Bill C-51 passes, I'm part of the sovereign Mi'kmaq Nation. That kind of material on my computer could be considered terrorism, a threat to national security because it's a threat to Canada's sovereignty.
Welcome to the new terrorist.
My name is Pam Palmater. I'm a lawyer, I'm a professor, I'm a mom, and I'm a social justice activist. I've won numerous awards for my work in social justice, women's equality, and children's rights but depending on whose radicalized view you speak of I have also been called a radical, bad Indian, eco-terrorist, enemy of the people, top-five-to-fear Canadian, dangerous militant, and Waco extremist.
My biggest concern isn't how I'm presented in the media or by government officials, I'm stronger than that. My biggest concern concern is how this impacts me right now, the level of government surveillance for a law-abiding, peaceful, social justice activist, who's never been arrested or convicted of any crime.
In my ATIP to CSIS they explain that they have a right to prevent subversive and hostile activities against the Canadian state which is why they have a file on me. However they don't offer me the courtesy of saying why I would be considered subversive or hostile, in fact everything I do couldn't be more public.
In my ATIP to Indian Affairs they would not confirm that they monitor me. However they said they do conduct an analysis of me and my activities because I'm an active voice. That analysis comprised 750 pages of documents which tracked all of my whereabouts, what provinces I was travelling to, where I was speaking, and the dates and times. However they could not provide my security file because it was destroyed.
When I attend gatherings, rallies, protests, or public and private events I often cannot make cell phone calls, send texts, or access my social media, my bank cards, or my credit cards. I can be at an Idle No More rally or protest and text my children but I cannot communicate with the very chief who has the same protest. This causes me great concern for my safety. How am I supposed to help ensure the comfort and safety of the people at rallies and myself if I can't communicate with anyone...and I don't have to remind this committee the staggering statistics and vulnerabilities of indigenous women in this country.
I contacted the RCMP as well. They never responded to my ATIP, however individual RCMP officers at various events have confirmed that they were there to monitor me. At numerous protests I have been informed by RCMP and provincial police that I had to keep my protest peaceful. Sometimes they didn't identify themselves. At speaking engagements the host first nation would demand that any undercover RCMP, or Ontario, or other police officers identify themselves and in many cases they did.
What's more concerning is the number of government officials that follow me around from speaking engagement to speaking engagement and often identify themselves when called upon to do so. Probably the most shocking is when I travel internationally in countries like Samoa, Peru, England, and Switzerland only to be informed by local authorities that Canadian officials are there to monitor me. That's very frightening in a country where I have committed no crime, but to advocate peacefully on behalf of my people.
In the Prairie provinces the RCMP are very active. They will often call ahead to the University of First Nations where I'm speaking and ask them to identify what my target will be or where I plan my protest. This isn't just a problem for me. We've all heard about Cindy Blackstock and others. Skipping of course to what my recommendations are because I can see that I'm out of time.
Bill C-51 must be withdrawn there is no way to fix it. There must be proper public information consultation, specific consultation for indigenous peoples, and a proper parliamentary study. Directing Justice Canada to rubber stamp the bill is compliant even if it has a 95% chance of being overturned in court is not democratic.
We need an independent review body to report on the ongoing surveillance of indigenous peoples that will take complaints, do proper investigations, and offer redress.
Finally, we're in desperate need of a special first nation advocate to be appointed for any and all court processes in all provinces and territories whenever applications are made in secret for court warrants. This person would be an amicus, a friend of the court who would be independent and can speak to all of the various constitutional and indigenous rights at stake. This is absolutely essential especially if Bill C-51 is to be passed.
The Chair: Fine thank you very much, Ms. Palmater.
*Taken from: Standing Committee on Public Safety and National Security Committee Meeting March 24, 2015 - Evidence #57 - Unedited Transcript Copy provided by House of Commons Canada.
Thank you for inviting me here today to speak. I want to first acknowledge that we're on the traditional territory of the Algonquin Nation and that's not just the polite acknowledgement. That's the very reason why all of you get to sit here today. Were it not for the cooperation, generosity, kindness, and political alliances, Canada wouldn't be what it is. Were it not for the peace treaties between our nations that are now constitutionally protected and form part of the foundational aspect of Canada, none of us would be sitting here today. I think that goes to the very heart of Bill C-51 and why I am opposed to it.
Canada has placed Bill C-51 before indigenous peoples without any information, analysis, details on how it will impact our nations, any consultation, information or consent from our part. It is a gross violation of our nations to nation relationship.
I don't have time to go through all of the technical legal details and problems with this bill except to say that I echo all of the concerns that have already been brought and will be brought by the thousands of lawyers in this country, security experts, former prime ministers and former Supreme Court of Canada justices. My main concern is how this bill will impact me, my family and indigenous peoples all over Canada and our treaty partners, other Canadians.
Canada has a long history of criminalizing every aspect of indigenous identity. From the scalping bounties in 1949, which nearly wiped out my Mi'kmaq Nation, to the Indian Act, which has outlawed our culture, our right to educate our own children, and even excluded indigenous women from our communities. Every aspect of our identity has been criminalized, both historically and continues into present day. In every single instance, we've had to resist all of these laws, keeping in mind these were all validly enacted laws. It was legal to take Mi'kmaq scalps; it was legal to confine us to reserves; it was legal to deny us legal representation. All of these things were law in Canada. We had to be criminals as in, we had to break the law in order to preserve our lives, our physical security, and our identities. We are being faced with this very problem again with Bill C-51.
Over the years, these laws have morphed into provincial and municipal regulations that deal with even our traditional means of providing subsistence—hunting, fishing, gathering have all been so criminalized for indigenous peoples that we end up skulking around in the forest just to be able to provide food for our families. Every single court case that has been won at the Supreme Court of Canada has been a battle between indigenous peoples trying to live their lives and exercise their rights and identities facing some kind of criminal or regulatory charge.
In every single instance, we have been labelled as criminals, treated as criminals, and one need only look at the current prison population to understand that this is still the case; not just the case, but as Howard Sapers, from the Office of the Correctional Investigator, has indicated, a “national crisis and embarrassment.” And why? Not because we're actually terrorists; not because we're more culturally predisposed to being criminals, but as a direct result of Canada's discriminatory laws and policies. There have been endless justice inquiries, which have pointed to the infection in our Canadian justice system of racism. The Donald Marshall wrongful prosecution inquiry, the Manitoba justice inquiry, the Ipperwash Inquiry, say that every aspect of our justice system, from the arresting officers, to the lawyers, to the judges, to the prison systems, overtly and systemically discriminate against indigenous peoples. That's our current reality.
Bill C-51 proposes to take that to the last and final step. All we have left now, as indigenous peoples are our thoughts. Our private thoughts will now be criminalized. It will now be possible to be considered a terrorist for storing alleged terrorist propaganda on our own personal computers. My declaration of sovereignty, and I'm going to say it before Bill C-51 passes, I'm part of the sovereign Mi'kmaq Nation. That kind of material on my computer could be considered terrorism, a threat to national security because it's a threat to Canada's sovereignty.
Welcome to the new terrorist.
My name is Pam Palmater. I'm a lawyer, I'm a professor, I'm a mom, and I'm a social justice activist. I've won numerous awards for my work in social justice, women's equality, and children's rights but depending on whose radicalized view you speak of I have also been called a radical, bad Indian, eco-terrorist, enemy of the people, top-five-to-fear Canadian, dangerous militant, and Waco extremist.
My biggest concern isn't how I'm presented in the media or by government officials, I'm stronger than that. My biggest concern concern is how this impacts me right now, the level of government surveillance for a law-abiding, peaceful, social justice activist, who's never been arrested or convicted of any crime.
In my ATIP to CSIS they explain that they have a right to prevent subversive and hostile activities against the Canadian state which is why they have a file on me. However they don't offer me the courtesy of saying why I would be considered subversive or hostile, in fact everything I do couldn't be more public.
In my ATIP to Indian Affairs they would not confirm that they monitor me. However they said they do conduct an analysis of me and my activities because I'm an active voice. That analysis comprised 750 pages of documents which tracked all of my whereabouts, what provinces I was travelling to, where I was speaking, and the dates and times. However they could not provide my security file because it was destroyed.
When I attend gatherings, rallies, protests, or public and private events I often cannot make cell phone calls, send texts, or access my social media, my bank cards, or my credit cards. I can be at an Idle No More rally or protest and text my children but I cannot communicate with the very chief who has the same protest. This causes me great concern for my safety. How am I supposed to help ensure the comfort and safety of the people at rallies and myself if I can't communicate with anyone...and I don't have to remind this committee the staggering statistics and vulnerabilities of indigenous women in this country.
I contacted the RCMP as well. They never responded to my ATIP, however individual RCMP officers at various events have confirmed that they were there to monitor me. At numerous protests I have been informed by RCMP and provincial police that I had to keep my protest peaceful. Sometimes they didn't identify themselves. At speaking engagements the host first nation would demand that any undercover RCMP, or Ontario, or other police officers identify themselves and in many cases they did.
What's more concerning is the number of government officials that follow me around from speaking engagement to speaking engagement and often identify themselves when called upon to do so. Probably the most shocking is when I travel internationally in countries like Samoa, Peru, England, and Switzerland only to be informed by local authorities that Canadian officials are there to monitor me. That's very frightening in a country where I have committed no crime, but to advocate peacefully on behalf of my people.
In the Prairie provinces the RCMP are very active. They will often call ahead to the University of First Nations where I'm speaking and ask them to identify what my target will be or where I plan my protest. This isn't just a problem for me. We've all heard about Cindy Blackstock and others. Skipping of course to what my recommendations are because I can see that I'm out of time.
Bill C-51 must be withdrawn there is no way to fix it. There must be proper public information consultation, specific consultation for indigenous peoples, and a proper parliamentary study. Directing Justice Canada to rubber stamp the bill is compliant even if it has a 95% chance of being overturned in court is not democratic.
We need an independent review body to report on the ongoing surveillance of indigenous peoples that will take complaints, do proper investigations, and offer redress.
Finally, we're in desperate need of a special first nation advocate to be appointed for any and all court processes in all provinces and territories whenever applications are made in secret for court warrants. This person would be an amicus, a friend of the court who would be independent and can speak to all of the various constitutional and indigenous rights at stake. This is absolutely essential especially if Bill C-51 is to be passed.
The Chair: Fine thank you very much, Ms. Palmater.
*Taken from: Standing Committee on Public Safety and National Security Committee Meeting March 24, 2015 - Evidence #57 - Unedited Transcript Copy provided by House of Commons Canada.
Thursday, May 22, 2014
Dramatic Contradictions: 2014 Report of the United Nations Special Rapporteur on Indigenous Peoples
The United Nations Rapporteur on the rights of Indigenous Peoples in Canada James Anaya released his advanced, unedited report on “The Situation of Indigenous Peoples in Canada”. The Rapporteur based his report on research, various sources, a visit to Canada in October 7-15, 2013, meetings with federal and provincial government officials, and meetings, visits with and submissions from Indigenous peoples.
P art of the dramatic contradiction which is so striking to outside observers. As noted by Anaya: “It is difficult to reconcile Canada’s well-developed legal framework and general prosperity with the human rights problems faced by indigenous peoples in Canada that have reached crisis proportions in many respects.”
Canada presents a façade of human rights but commits numerous violations against Indigenous peoples – with apparent impunity. Although Anaya did not do a complete accounting of which laws and violations, he noted several human rights violations that have received “insufficient” attention by governments including the well-being gap, housing crisis, murdered and missing women, over-representation in Justice system, gender discrimination in Indian status, and lack of education to name a few.
*This table represents my own observations of laws vs. rights violations in Canada.
- Sufficient funding for education, health, and child welfare;
- Focus on Indigenous-run social and judicial services;
- Comprehensive, nation-wide inquiry into murdered and missing Indigenous women and girls;
- No resource development without free, informed and prior consent of Indigenous peoples; and
- Maximize Indigenous control and benefit from any extractive operations on Indigenous lands.
There is a disturbing underlying theme in the report – one which speaks of “dramatic contradictions”:
(1) The continued “abysmal” social conditions in First Nations in the context of increasing wealth and prosperity in Canada; and
(2) The numerous laws and protections for First Nation rights versus the many human rights violations committed against First Nations.
Anaya noted that while some First Nations have risen up against these injustices with the Idle No More movement, others are starting to give up attempts to resolve their claims. Anaya concluded that the relationship between Canada and First Nations has become much worse since the last visit to Canada in 2003. It doesn’t take a rocket scientist to figure out that this is during Prime Minister Harper’s term.
Abysmal Social Conditions in First Nations
Anaya’s most serious concerns relate to the “striking” statistics related to the poverty in many First Nations. Of the bottom 100 communities in Canada – 96 are First Nations. “The most jarring manifestation of these human rights problems in the distressing socio-economic conditions of indigenous peoples in a highly developed country.”
He found that there has been no improvement in the gap between First Nations and Canadians in terms of housing, health care, education, welfare and social services. Given the significant needs of First Nations, Anaya had expected that the cost of social services would have been higher and was shocked to find that it was lower. He cited Canada’s own Auditor General who pointed out that the failure to address poverty on reserve is due to the lack of appropriate funding from the federal government.
This led Anaya to conclude: “One of the most dramatic contradictions indigenous peoples in Canada face is that so many live in abysmal conditions on traditional territories that are full of valuable and plentiful natural resources.”
Canada’s Immense Wealth and Prosperity
It’s not like there isn’t enough money to go around. Canada is one of the wealthiest countries in the world because of the lands and resources which belong to Indigenous peoples. The mining industry alone brought in $44 billion in 2013.
That figure doesn’t include the hundreds of billions in other natural resources that come straight from Indigenous lands. Anaya noted that while governments and private interests are the ones that profit from resources on Indigenous lands, it’s the Indigenous peoples who suffer all the negative consequences in health, economy and culture that comes with the resulting environmental degradation.
This situation is not just an unfortunate, but inevitable consequence of western “progress” – it’s a calculated policy choice to impoverish First Nations for the benefit of others. Anaya notes that Canada’s consistent failure to consult with First Nations, take unilateral actions against their rights and portray them in negative light to the public is an “affront” to Canada-First Nation relations. Anaya explains that the federal public discourse on First Nation rights is presented as a burden to tax-payers instead of educating Canadians about the “vast economic benefit” they receive from First Nations. Harper’s continued negative comments against First Nations risks “social peace”.
First Nations could be completely self-sufficient economically if they controlled only a fraction of their lands and resources. Yet, in pursuit of maximized profit, Canada continues to ignore the legal rights and interests of First Nations. Canada (both federal and provincial governments) maintain their legal and physical blockades against First Nations to prevent them from accessing and benefitting from their own lands and resources. Anaya notes that despite the fact that treaties are constitutionally protected and allows Canadians to enjoy immense wealth, 30% of Justice Canada litigation is fighting treaties. Canada uses all of it power – its laws, policies and programs to maintain First Nations in poverty, while partnering with private interests to maximize government and corporate profits.
Legal Protections vs. Violations
Canada presents a façade of human rights but commits numerous violations against Indigenous peoples – with apparent impunity. Although Anaya did not do a complete accounting of which laws and violations, he noted several human rights violations that have received “insufficient” attention by governments including the well-being gap, housing crisis, murdered and missing women, over-representation in Justice system, gender discrimination in Indian status, and lack of education to name a few.
*Legal Protection | Human Rights Violation |
Constitution Act – s.35 – Inherent Right to be Self-Governing | Indian Act’s Ministerial control over every aspect of First Nations’ lives Legislative suite which protects Ministerial control – Water, elections, education, matrimonial real property, transparency acts Must extinguish rights to negotiate self-government agreements/claims |
Constitution Act – s.35 – protect Aboriginal and treaty rights Duty to consult and accommodate Free, informed and prior consent | Federal and provincial governments (with court’s approval) allow agriculture, forestry, mining, hydroelectric power, general economic development, protection of environment or endangered species, building of infrastructure and settlement of foreign populations to trump constitutionally protected rights |
Charter of Rights and Freedoms – s.15 Equality rights & non-discrimination Canadian Human Rights Act – non-discrimination Various provincial human rights acts – non-discrimination | Indian Act’s discriminatory treatment of Indian women and descendants Failure to address disproportionate number of murdered and missing Indigenous women Over-representation of Indigenous peoples in jail & Indigenous children in state custody Discriminatory/less funding for child welfare Discriminatory/less funding for education Unsafe or no drinking water |
Criminal Code – s.319 hate speech | Media, teachers, writers, MPs, Ministers, RCMP, provincial police forces, PM make racist and discriminatory remarks and portrayals of First Nations |
Criminal Code – s.271 sexual assault s.267 assault with weapon or causing bodily harm s.279 unlawful confinement s.215 failure to provide necessaries of life | RCMP and provincial police taking Indigenous men on “Starlight” tours RCMP, provincial police and/or judges sexually assaulting and raping Indigenous women and girls Deaths while in child welfare – state care |
Conclusions and Recommendations:
Anaya concluded that Canada could address these human rights violations if it wanted to do so. Let's hope Canadian officials take a good hard look at Anaya's observations and recommendations and take the necessary action to end these human rights violations against Indigenous peoples.
A highlight of some of Anaya's key recommendations:
A highlight of some of Anaya's key recommendations:
- Sufficient funding for education, health, and child welfare;
- Focus on Indigenous-run social and judicial services;
- Urgent, increased funding to address the housing crisis;
- Enhance education, funding and consult on any proposed legislation;
- Comprehensive, nation-wide inquiry into murdered and missing Indigenous women and girls;
- Consent for all laws impacting Indigenous peoples;
- Address gender discrimination in the Indian Act;
“Indigenous peoples concerns merit higher priority at all levels and within all branches of Governments, and across all departments.”
Friday, August 23, 2013
Harper Solicits Research to Blame First Nations for Murdered, Missing and Traded Indigenous Women
Canada's shameful colonial history as it relates to Indigenous peoples and women specifically is not well known by the public at large. The most horrific of Canada's abuses against Indigenous peoples are not taught in schools. Even public discussion around issues like genocide have been censored by successive federal governments, and most notably by Harper's Conservatives. Recently, the new Canadian Museum for Human Rights refused to use the term "genocide" to describe Canada's laws, policies and actions towards Indigenous peoples which led to millions of deaths. The reason?: because that term was not acceptable to the federal government and the museum is after all, a Crown corporation.
http://indigenousnationhood.blogspot.ca/2013/07/human-rights-museum-or-harper.html
Aside from the fact that this museum will be used as a propaganda tool for Canada vis-à-vis the international community, Harper's Conservatives are also paying for targeted research to back up their propaganda as it relates to murdered, missing and traded Indigenous women. This is not the first time that Harper has paid for counter information and propaganda material as it relates to Indigenous peoples, and it likely won't be the last. However, this instance of soliciting targeted research to help the government blame Indigenous peoples for their own victimization and oppression is particularly reprehensible given the massive loss of life involved over time.
http://indigenousnationhood.blogspot.ca/2011/06/secret-agent-harper-conservative-spy.html
The issue of murdered and missing Indigenous women was made very public by the Native Women's Association of Canada (NWAC) several years ago through their dedicated research, community engagement and advocacy efforts. Even the United Nations took notice and starting commenting on Canada's obligation to address this serious issue. Yet, in typical Harper-Conservative style, once the issue became a hot topic in the media, they cut critical funding to NWAC's Sisters in Spirit program which was the heart of their research and advocacy into murdered and missing Indigenous women.
http://indigenousnationhood.blogspot.ca/2010/11/neanderthal-politics-shame-on.html
To further complicate the matter, any attempts for a national inquiry into the issue has been thwarted by the federal government, despite support for such an inquiry by the provinces and territories. One need only look at the fiasco of the Pickton Inquiry in British Columbia to understand how little governments in Canada value the lives of Indigenous women, their families and communities. The inquiry was headed by Wally Oppal, the same man who previously denied the claims of Indigenous women who were forcibly sterilized against their knowledge and consent. The inquiry seemed more interested in insulating the RCMP from investigation and prosecution than it was about hearing the stories of Indigenous women.
http://rabble.ca/blogs/bloggers/pamela-palmater/2011/10/murdered-missing-and-still-excluded-indigenous-women-fight-eq
Now, the Canadian public has to deal with a new chapter to this story - the sale of Indigenous women into the sex trades. The CBC recently reported that current research shows that Indigenous women, girls and babies in Canada were taken onto US ships to be sold into the sex trade. While this is not new information for Indigenous peoples, it is something that Canada has refused to recognize in the past. The research also shows that Indigenous women are brought onto these boats never to be seen from again.
http://www.cbc.ca/news/canada/thunder-bay/story/2013/08/21/tby-first-nations-women-human-trafficking-ships-united-states.html
The issue of murdered and missing Indigenous women has now expanded to murdered, missing and traded women. One might have expected a reaction from both the Canadian government and the Assembly of First Nations (AFN). Yet, the day after the story hit the news, the AFN was tweeting about local competitions and the federal government was essentially silent. I say essentially, because while all of this was taking place, the federal government put together a Request for Proposals on MERX (#275751) to solicit research to blame the families and communities of Indigenous women for being sold into the sex trade.
https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=1&PORTAL=MERX&State=7&id=275751&src=osr&FED_ONLY=0&ACTION=&rowcount=&lastpage=&MoreResults=&PUBSORT=2&CLOSESORT=0&IS_SME=Y&hcode=%2f6A6jdkNJoHoufgILSp4Xg%3d%3d
Instead of making a call for true academic research into the actual causes and conditions around Indigenous women, girls and babies being sold into the sex trade, the federal government solicited research to prove:
(1) the involvement of family members in their victimization;
(2) the level to which domestic violence is linked to the sale of Indigenous women into the sex trade; and
(3) even where they are investigating gang involvement, it is within the context of family involvement of the trade of Indigenous women.
The parameters of the research excludes looking into federal and/or provincial laws and policies towards Indigenous peoples; funding mechanisms which prejudice them and maintain them in the very poverty the research identifies; and negative societal attitudes formed due to government positions vis-à-vis Indigenous women like:
- rapes and abuse in residential schools;
- forced sterilizations;
- the theft of thousands of Indigenous children into foster care;
- the over-representation of Indigenous women in jails;
- and the many generations of Indigenous women losing their Indian status and membership and being kicked off reserves by federal law.
The research also leaves out a critical aspect of this research which is federal and provincial enforcement laws, policies and actions or lack thereof in regards to the reports of murdered, missing and traded Indigenous women, girls and babies. The epic failure of police to follow up on reports and do proper investigations related to these issues have led some experts to conclude that this could have prevented and addressed murdered, missing and traded Indigenous women. Of even greater concern are the allegations that have surfaced in the media in relation to RCMP members sexually assaulting Indigenous women and girls.
http://www.cbc.ca/news/canada/british-columbia/story/2013/02/12/bc-human-rights-watch-abuse-report.html
This MERX Request for Proposals is offensive and should be retracted and re-issued in a more academically-sound manner which looks to get at the full truth, versus a federally-approved pre-determined outcome.
It's time Canada opened up the books, and shed light on the real atrocities in this country so that we can all move forward and address them.
http://indigenousnationhood.blogspot.ca/2013/07/human-rights-museum-or-harper.html
Aside from the fact that this museum will be used as a propaganda tool for Canada vis-à-vis the international community, Harper's Conservatives are also paying for targeted research to back up their propaganda as it relates to murdered, missing and traded Indigenous women. This is not the first time that Harper has paid for counter information and propaganda material as it relates to Indigenous peoples, and it likely won't be the last. However, this instance of soliciting targeted research to help the government blame Indigenous peoples for their own victimization and oppression is particularly reprehensible given the massive loss of life involved over time.
http://indigenousnationhood.blogspot.ca/2011/06/secret-agent-harper-conservative-spy.html
The issue of murdered and missing Indigenous women was made very public by the Native Women's Association of Canada (NWAC) several years ago through their dedicated research, community engagement and advocacy efforts. Even the United Nations took notice and starting commenting on Canada's obligation to address this serious issue. Yet, in typical Harper-Conservative style, once the issue became a hot topic in the media, they cut critical funding to NWAC's Sisters in Spirit program which was the heart of their research and advocacy into murdered and missing Indigenous women.
http://indigenousnationhood.blogspot.ca/2010/11/neanderthal-politics-shame-on.html
To further complicate the matter, any attempts for a national inquiry into the issue has been thwarted by the federal government, despite support for such an inquiry by the provinces and territories. One need only look at the fiasco of the Pickton Inquiry in British Columbia to understand how little governments in Canada value the lives of Indigenous women, their families and communities. The inquiry was headed by Wally Oppal, the same man who previously denied the claims of Indigenous women who were forcibly sterilized against their knowledge and consent. The inquiry seemed more interested in insulating the RCMP from investigation and prosecution than it was about hearing the stories of Indigenous women.
http://rabble.ca/blogs/bloggers/pamela-palmater/2011/10/murdered-missing-and-still-excluded-indigenous-women-fight-eq
Now, the Canadian public has to deal with a new chapter to this story - the sale of Indigenous women into the sex trades. The CBC recently reported that current research shows that Indigenous women, girls and babies in Canada were taken onto US ships to be sold into the sex trade. While this is not new information for Indigenous peoples, it is something that Canada has refused to recognize in the past. The research also shows that Indigenous women are brought onto these boats never to be seen from again.
http://www.cbc.ca/news/canada/thunder-bay/story/2013/08/21/tby-first-nations-women-human-trafficking-ships-united-states.html
The issue of murdered and missing Indigenous women has now expanded to murdered, missing and traded women. One might have expected a reaction from both the Canadian government and the Assembly of First Nations (AFN). Yet, the day after the story hit the news, the AFN was tweeting about local competitions and the federal government was essentially silent. I say essentially, because while all of this was taking place, the federal government put together a Request for Proposals on MERX (#275751) to solicit research to blame the families and communities of Indigenous women for being sold into the sex trade.
https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=1&PORTAL=MERX&State=7&id=275751&src=osr&FED_ONLY=0&ACTION=&rowcount=&lastpage=&MoreResults=&PUBSORT=2&CLOSESORT=0&IS_SME=Y&hcode=%2f6A6jdkNJoHoufgILSp4Xg%3d%3d
Instead of making a call for true academic research into the actual causes and conditions around Indigenous women, girls and babies being sold into the sex trade, the federal government solicited research to prove:
(1) the involvement of family members in their victimization;
(2) the level to which domestic violence is linked to the sale of Indigenous women into the sex trade; and
(3) even where they are investigating gang involvement, it is within the context of family involvement of the trade of Indigenous women.
The parameters of the research excludes looking into federal and/or provincial laws and policies towards Indigenous peoples; funding mechanisms which prejudice them and maintain them in the very poverty the research identifies; and negative societal attitudes formed due to government positions vis-à-vis Indigenous women like:
- rapes and abuse in residential schools;
- forced sterilizations;
- the theft of thousands of Indigenous children into foster care;
- the over-representation of Indigenous women in jails;
- and the many generations of Indigenous women losing their Indian status and membership and being kicked off reserves by federal law.
The research also leaves out a critical aspect of this research which is federal and provincial enforcement laws, policies and actions or lack thereof in regards to the reports of murdered, missing and traded Indigenous women, girls and babies. The epic failure of police to follow up on reports and do proper investigations related to these issues have led some experts to conclude that this could have prevented and addressed murdered, missing and traded Indigenous women. Of even greater concern are the allegations that have surfaced in the media in relation to RCMP members sexually assaulting Indigenous women and girls.
http://www.cbc.ca/news/canada/british-columbia/story/2013/02/12/bc-human-rights-watch-abuse-report.html
This MERX Request for Proposals is offensive and should be retracted and re-issued in a more academically-sound manner which looks to get at the full truth, versus a federally-approved pre-determined outcome.
It's time Canada opened up the books, and shed light on the real atrocities in this country so that we can all move forward and address them.
Saturday, July 9, 2011
Eskan Racism - Bottled and Sourced in Canada for Over 500 Years
With the warming of the days that comes with summer and the positive effect a little vacation and relaxation has on many of us, I had hoped that the red necks would be able to take some time off as well. Yet, this latest advertisement for Eska Water is another testament to the fact that racism in Canada is an ongoing problem that doesn't just surface when there is tension or disagreement - but is, in fact, so embedded in some parts of the population that they themselves don't even recognize it.
http://www.youtube.com/watch?v=VfNDFdZVDE8
Some of you may think that I am being too harsh and that none of the folks as Eaux Vives Canada Inc ever "intended" for anyone to take offence.
http://www.theepochtimes.com/n2/canada/native-group-wants-racist-water-ad-pulled-58789.html
Some of you might also feel that if any of us don't like the ad, we should simply refrain from watching it. Alternatively, it has been suggested that anyone who is offended by the ad should take solice in the fact that the ad was intended to be "funny" and not meant to represent any particular group.
Eaux Vives Canada has explained that they had no indication that anything in the ad might cause a problem - nothing to make them "suspect" an issue. In fact, Eaux Vives conducted a focus group of the local population and received "all positive feedback". They admit, however, that there may not have been any First Nations people included in that sample.
http://www.ctv.ca/generic/generated/static/business/article2089081.html
Eaux Vives Canada Inc is responsible for approving such an ad, so this reflects very poorly on their company, including those in the senior-most positions who make the decisions. However, one should also shine the spotlight on the ad's creators - KBS & P which stands for Kirshenbaum Bond Senecal and Partners.
http://www.kbsp.com/
They are owned by MDC Partners Inc. A company that specializes in marketing.
http://www.mdc-partners.com/#/agency/mdc_partners/2/about
You'll notice that KBS & P's bigger clients include Coke, Levis, North Face and Victoria's Secret. They work in the big leagues, so to speak, and either know better or should have known better. Further, for anyone who does any kind of advertising - be it print, television or online media - they all know or should know, the laws relating to discrimination, racism, hate crimes and limitations on free speech.
Its not like these companies do not have access to legal advisors, community relations experts and senior management-types to appropriately review and approve public ads. Afterall, these ads don't just sell products, they reflect on the character or lack thereof of the company and it's leaders.
That is why when the company's spokesperson, Gilles Corriveau said to the media that the company had "no intention to hurt people", he made the company look even worse. Anyone who studies anti-discrimination law knows that it is NOT the intention that counts - but the effect that it has on the person or groups offended. But more than that, big companies like Eska Water, KBS & P or MDC Partners cannot plead ignorance when they ALL have the resources, capacity and experience to know better.
I might also ad that there are no shortage of people that work in the area of human rights, anti-discrimination, anti-racism, and First Nations issues. Any number of people, groups, organizations or universities could have been consulted to provide input on any number of ads that has the potential to impact certain groups in society.
Let's pretend no such experts or advisors exist, is there any excuse for not googling the issue of racism in the media and making sure that your company is adequately aware of the issue? I googled the issue just now and tons of sources came up. Even the first source that popped up would have made the company think twice - had they taken the time to read it:
http://www.usask.ca/education/coursework/802papers/crawford/jamesc.html
The issue, sadly, is much deeper than that. The company itself indicated that it may have failed to include First Nations people in their focus sample, which amounts to more than a mere oversight - some might even call it incompetent.
There is no doubt that the company was trying to portray an Indigenous group, whether or not it was a fictional one. In so doing, they used stereotypes about what Indigenous people look and act like - neither of which were presented with accuracy, thoughtfulness or dignity.
http://www.youtube.com/watch?v=LSggKIAShbM
Indigenous people in Canada and indeed all over the world must fight the colonially-imposed requirement to be "authentic" or "pure" Indians. The stereotype includes the requirement to live and behave as this did at some arbitrary and distant point in pre-contact times. Real Indians wear feathers, paint their bodies and carry around spears, arrows and other weapons. Real Indians are primitive and fierce and seek only to make war with non-Indians. These stereotypes are not just promoted in the media, but are also promoted by right-wing academics and governments.
http://indigenousnationhood.blogspot.com/2011/03/no-natives-allowed-how-canada-breeds.html
In the Eaux Vives Eska water ad, we see the age-old stereotype of purity. The mixing of orange juice with water is portrayed as being an offence to maintaining the purity of the water. Colonial governments have been obsessed with defining Indigenous peoples in terms of "purity" both legally and politically. Even Canada, through the Indian Act and other laws and policies, tries to exclude from legal recognition any Indigenous person who is not a "pure" Indian - i.e., someone who is mixed Indian and non-Indian (water and orange juice).
http://www.vueweekly.com/front/story/blood_challenge/
This means that the public at large is constantly bombarded by these types messages and no consistent education about Indigenous realities in Canada. Even the omission of positive images of Indigenous peoples in the media serves to reinforce negative stereotypes. How often do you see an Indigenous woman consulted as a legal or political expert on the news, in the papers or in advertisements of any kind? What about Indigenous men as business analysts, foreign affairs experts or champions of human rights? We are led to believe that Aboriginal women are all victims of violence and Aboriginal men all corrupt leaders or criminals.
It is simply not enough to say, if you don't like the commercial don't watch it. Even if we could be with out children and youth 24-hours a day, the fact is they will eventually be exposed to these sorts of ads. However, what is worse is that Canadians will be exposed to these kinds of ads and thus these old stereotypes will continue to be reinforced and played out in relations between Indigenous and non-Indigenous peoples in Canada.
Consider the situation where racist jokes are told to co-workers but not the Indigenous person in an office. This still has the effect of creating a hostile work environment for the Indigenous person. I would argue that ads like Eska Water helps create a hostile country for Indigenous peoples where we are seen as the savage terrorists as opposed to the First Peoples.
http://indigenousnationhood.blogspot.com/2011/05/from-savages-to-terrorists-justifying.html
We as Indigenous people already know, that none of these stereotypes reflect our wonderfully diverse and rich realities, ways of being and relations. We do indeed have many social issues created and perpetuated by colonial governments, like the inequities in funding for essential services, Canada's failure to live up to treaty and self-government obligations, the theft of our lands and the failure to share our resources with us - like water. Over 50% of First Nations in Canada have unsafe drinking water according to the Auditor General.
http://www.oag-bvg.gc.ca/internet/docs/parl_oag_201106_04_e.pdf
The very least Eaux Vives Canada should have done was issue an IMMEDIATE apology. The hiring of a public relations firm shows more concern for minimizing loss of profit than for the humanity of others. They don't need a meeting with First Nations leaders to know that the right thing to do is to pull the ad.
What an insult for Eaux Vives Canada to make such a mockery of Indigenous peoples and profit from OUR water sources while First Nations are denied access to this and other basic necessities of life. This water ad serves, ironically, to highlight the problem in ideology (racist ad) and in practice (lack of clean water for First Nations).
Racism has been ongoing in Canada for over 500 years since contact. It is time to acknowledge the problem and work towards addressing it.
http://www.youtube.com/watch?v=VfNDFdZVDE8
Some of you may think that I am being too harsh and that none of the folks as Eaux Vives Canada Inc ever "intended" for anyone to take offence.
http://www.theepochtimes.com/n2/canada/native-group-wants-racist-water-ad-pulled-58789.html
Some of you might also feel that if any of us don't like the ad, we should simply refrain from watching it. Alternatively, it has been suggested that anyone who is offended by the ad should take solice in the fact that the ad was intended to be "funny" and not meant to represent any particular group.
Eaux Vives Canada has explained that they had no indication that anything in the ad might cause a problem - nothing to make them "suspect" an issue. In fact, Eaux Vives conducted a focus group of the local population and received "all positive feedback". They admit, however, that there may not have been any First Nations people included in that sample.
http://www.ctv.ca/generic/generated/static/business/article2089081.html
Eaux Vives Canada Inc is responsible for approving such an ad, so this reflects very poorly on their company, including those in the senior-most positions who make the decisions. However, one should also shine the spotlight on the ad's creators - KBS & P which stands for Kirshenbaum Bond Senecal and Partners.
http://www.kbsp.com/
They are owned by MDC Partners Inc. A company that specializes in marketing.
http://www.mdc-partners.com/#/agency/mdc_partners/2/about
You'll notice that KBS & P's bigger clients include Coke, Levis, North Face and Victoria's Secret. They work in the big leagues, so to speak, and either know better or should have known better. Further, for anyone who does any kind of advertising - be it print, television or online media - they all know or should know, the laws relating to discrimination, racism, hate crimes and limitations on free speech.
Its not like these companies do not have access to legal advisors, community relations experts and senior management-types to appropriately review and approve public ads. Afterall, these ads don't just sell products, they reflect on the character or lack thereof of the company and it's leaders.
That is why when the company's spokesperson, Gilles Corriveau said to the media that the company had "no intention to hurt people", he made the company look even worse. Anyone who studies anti-discrimination law knows that it is NOT the intention that counts - but the effect that it has on the person or groups offended. But more than that, big companies like Eska Water, KBS & P or MDC Partners cannot plead ignorance when they ALL have the resources, capacity and experience to know better.
I might also ad that there are no shortage of people that work in the area of human rights, anti-discrimination, anti-racism, and First Nations issues. Any number of people, groups, organizations or universities could have been consulted to provide input on any number of ads that has the potential to impact certain groups in society.
Let's pretend no such experts or advisors exist, is there any excuse for not googling the issue of racism in the media and making sure that your company is adequately aware of the issue? I googled the issue just now and tons of sources came up. Even the first source that popped up would have made the company think twice - had they taken the time to read it:
http://www.usask.ca/education/coursework/802papers/crawford/jamesc.html
The issue, sadly, is much deeper than that. The company itself indicated that it may have failed to include First Nations people in their focus sample, which amounts to more than a mere oversight - some might even call it incompetent.
There is no doubt that the company was trying to portray an Indigenous group, whether or not it was a fictional one. In so doing, they used stereotypes about what Indigenous people look and act like - neither of which were presented with accuracy, thoughtfulness or dignity.
http://www.youtube.com/watch?v=LSggKIAShbM
Indigenous people in Canada and indeed all over the world must fight the colonially-imposed requirement to be "authentic" or "pure" Indians. The stereotype includes the requirement to live and behave as this did at some arbitrary and distant point in pre-contact times. Real Indians wear feathers, paint their bodies and carry around spears, arrows and other weapons. Real Indians are primitive and fierce and seek only to make war with non-Indians. These stereotypes are not just promoted in the media, but are also promoted by right-wing academics and governments.
http://indigenousnationhood.blogspot.com/2011/03/no-natives-allowed-how-canada-breeds.html
In the Eaux Vives Eska water ad, we see the age-old stereotype of purity. The mixing of orange juice with water is portrayed as being an offence to maintaining the purity of the water. Colonial governments have been obsessed with defining Indigenous peoples in terms of "purity" both legally and politically. Even Canada, through the Indian Act and other laws and policies, tries to exclude from legal recognition any Indigenous person who is not a "pure" Indian - i.e., someone who is mixed Indian and non-Indian (water and orange juice).
http://www.vueweekly.com/front/story/blood_challenge/
This means that the public at large is constantly bombarded by these types messages and no consistent education about Indigenous realities in Canada. Even the omission of positive images of Indigenous peoples in the media serves to reinforce negative stereotypes. How often do you see an Indigenous woman consulted as a legal or political expert on the news, in the papers or in advertisements of any kind? What about Indigenous men as business analysts, foreign affairs experts or champions of human rights? We are led to believe that Aboriginal women are all victims of violence and Aboriginal men all corrupt leaders or criminals.
It is simply not enough to say, if you don't like the commercial don't watch it. Even if we could be with out children and youth 24-hours a day, the fact is they will eventually be exposed to these sorts of ads. However, what is worse is that Canadians will be exposed to these kinds of ads and thus these old stereotypes will continue to be reinforced and played out in relations between Indigenous and non-Indigenous peoples in Canada.
Consider the situation where racist jokes are told to co-workers but not the Indigenous person in an office. This still has the effect of creating a hostile work environment for the Indigenous person. I would argue that ads like Eska Water helps create a hostile country for Indigenous peoples where we are seen as the savage terrorists as opposed to the First Peoples.
http://indigenousnationhood.blogspot.com/2011/05/from-savages-to-terrorists-justifying.html
We as Indigenous people already know, that none of these stereotypes reflect our wonderfully diverse and rich realities, ways of being and relations. We do indeed have many social issues created and perpetuated by colonial governments, like the inequities in funding for essential services, Canada's failure to live up to treaty and self-government obligations, the theft of our lands and the failure to share our resources with us - like water. Over 50% of First Nations in Canada have unsafe drinking water according to the Auditor General.
http://www.oag-bvg.gc.ca/internet/docs/parl_oag_201106_04_e.pdf
The very least Eaux Vives Canada should have done was issue an IMMEDIATE apology. The hiring of a public relations firm shows more concern for minimizing loss of profit than for the humanity of others. They don't need a meeting with First Nations leaders to know that the right thing to do is to pull the ad.
What an insult for Eaux Vives Canada to make such a mockery of Indigenous peoples and profit from OUR water sources while First Nations are denied access to this and other basic necessities of life. This water ad serves, ironically, to highlight the problem in ideology (racist ad) and in practice (lack of clean water for First Nations).
Racism has been ongoing in Canada for over 500 years since contact. It is time to acknowledge the problem and work towards addressing it.
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