Transcript Caught in the Middle Reconciliation: The CANACE Path City of Brantford Sept 29, 2008

Caught in the Middle
Reconciliation:
The CANACE Path
City of Brantford
Sept 29, 2008
A. About CANACE
Three Founding Nations – One Constitution
Canadian ‘outsiders’ with United Nations
Emergency Force, Middle East, 1978
(Mark is 3rd from right)
Why I came
15 yr old ‘Pam’ from 6th Line, Oct 08/07
“This is going to be Caledonia
Part 2. They don’t understand
what they’re in for.”
They [Brantford] just have a little
rinky-dink force. I don’t know
how they’re going to stop us.”
Steve Powless, July 14/08
CANACE goals
SHORT TERM…
• End Race-based policing
• Preserve Rule of Law
• Preserve Ontario economy
CANACE goals
LONG TERM…
• Legislation to ensure innocents can
never again be abandoned.
(Natives are victims, too.)
• Reconciliation between natives and
non-natives based on truth, justice,
respect for rights of all human beings.
CANACE methods =
Accountability
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Peaceful protests (Lessons from Dr. King)
Documentation of evidence – websites
Media scrutiny
Lawsuits vs. OPP, OPPA, Ont govt.
OHRC complaints (Fantino mediation)
Minister of Community Safety
OCCPS complaints
Private Prosecutions under CC
CANACE reports
CANACE reports
CANACE reports, cont.:
The Ipperwash Papers project
Reconciliation Through Equality
CANACE cited in media
False Allegations by Julian Fantino linking
us to acts of violence
Sworn testimony, OPP Detective, Dec 14/07:
• We are not violent;
• Our protests are not violent;
• No one has been injured at our protests;
• We promote lessons of Martin Luther King
Transcript of Detective John Murray [5]
False Allegations by Julian Fantino linking
us to acts of violence, cont.
Sworn testimony, Mayor Trainer, Dec 24/07:
• Sees Gary McHale as non-violent, trying to
be advocate for people of Caledonia
Transcript of Mayor Marie Trainer [6]
False Allegations by Julian Fantino linking
us to acts of violence, cont.
Mayor Trainer on Gary McHale’s candidacy
for Haldimand-Norfolk:
“With McHale in the race, Trainer says
Haldimand's quest for peace, law and order,
stability and justice will feature prominently
in the coming campaign.”
Brantford Expositor/Simcoe Reformer, Sept 04/08
B. Key Influences on OPP,
Ontario Government,
Native Protesters
1. Reliance on
Ipperwash Inquiry
Protesters, OPP, Ont gov’t ignore parts they don’t
like, but quote other sections they know are
based on flawed methodology.
DON’T LIKE: Police Discretion, Colour of Right
LIKE: 100 Recommendations
a. Police Discretion:
• No one is above law.
• Rule of law & public order are not subservient
to Aboriginal interests.
• No different standards for Aboriginals.
• Police “must be certain” to pursue protesters
for serious offences.
Ipperwash Inquiry report, Volume 2
b. Colour of Right:
“74. There is no jurisprudence, even as it has evolved to
date [June 2006], that supports the view that the
concept of “colour of right” entitled the Aazhoodena
to act as they did in occupying Ipperwash Provincial
Park in September, 1995.”
Ministry of Attorney General legal opinion, June 28/06
Submitted to Ipperwash Inquiry
Legalized MYTHS of Illegal Occupations, p4) [7]
c. Violence Against Residents
• 100 recommendations, not one re violence vs.
residents; issue never allowed to be studied
• 139 witnesses, not one resident allowed to testify
• Inquiry lasted 3 years; residents allowed just 90
minutes to speak to Commissioner in June 2006.
• All evidence of native crimes excluded
• CAO victim impact stmt: George’s death result of
failure to enforce law PRIOR to his death; warned
gov’ts for 2 yrs!
McGuinty’s Ipperwash Cover-up [9]
The Human Costs of Illegal Occupations, p42 [8]
d. Peacekeeping vs. Law Enforcement
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Law Enforcement:
Police officers in First World democracy preserve
rule of law and protect citizens from criminals.
Peacekeeping:
Soldiers trained to kill used as deterrent to
prevent war between aggressors or killing of
civilians in failed states where rule of law does
not exist. CANNOT protect citizens from crime.
B. KEY INFLUENCES, cont.
2. Myths re Duty to Consult
Haida Nation v. British Columbia, 2004
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“…third parties are under no duty to consult or accommodate
Aboriginal concerns…”
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“Third parties cannot be held liable for failing to discharge the
Crown’s duty to consult and accommodate.
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“The Crown is not under a duty to reach an agreement;”
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“As for Aboriginal claimants, they must not frustrate the Crown’s
reasonable good faith attempts,”
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“This process does not give Aboriginal groups a veto…”
Province has duty to consult,
NOT municipalities
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Province is allowed to delegate procedural aspects of
consultation, but NOT the duty and liability.
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If McGuinty wants to give money to violent native
groups for unproven claims, let him do it from the
provincial treasury where he is accountable, and let him
bear the legal, economic and political consequences.
B. KEY INFLUENCES, cont.
3. Big Money
Bill for land claim negotiations $1.7M
Brantford Expositor, Sept 20/08
Funds given to Six Nations by Ottawa
B. KEY INFLUENCES, cont.
4. Suppression of
non-native rights & views
• Rights of non-natives of little
importance to OPP, McGuinty gov’t
OPP: Land Title Deeds do
NOT prove ownership [11]
Sgt Michaud at blockaded Cayuga construction site,
May 12/08 explains why OPP won’t arrest protesters.
“…there are good reasons for pause
before lumping indigenous
insurgents together with terrorists.
This…is supported by international
legal doctrine suggesting that
indigenous peoples carry some
special international legal status
importing special treatment.”
Michael Bryant, Master of Law thesis, 1994
“Aboriginal Affairs Minister
Michael Bryant said the human
rights complaint doesn't help resolve
a complex situation dating back
hundreds of years.”
Toronto Star/Canadian Press, April 07/08: Fantino asked to
attend rights mediation
Michael Bryant on Mark Vandermaas’ OHRC
complaint re Dec 16/06 arrest
Julian Fantino believes he has the right to
arrest potential non-native victims instead
of protecting their rights.
“It was the Respondents’ honestly held belief that the
placement of the flag could provoke others to breach the
peace and put Mr. Vandermaas and others in harms way.”
.”
OPP response to OHRC request that Commissioner Fantino
attend mediation with Mark Vandermaas, July 22/08
OPP & McGuinty government believe
race is the determining factor in law
enforcement during land claims.
Policing that permits crime and civil
rights violations against non-natives
does NOT promote reconciliation.
C. Reconciliation: The
CANACE Path
diagram
D. Suggestions for
starting down the path to
reconciliation
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Decide: Reconciliation requires mutual
respect for rights of all people and for rule
of law. No place at the table for those who
victimize others.
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Understand: Native extremists do not
speak for all native people. [10, 12]
3. Create: Haldimand/Brantford bicommunity committee to review
evidence, hold Ontario & federal govt’s
accountable, report to media.
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Communities must take lead in preserving rule
of law, educating public.
Open lines of communication w/moderate native
& non-native groups.
Lobby for governments to take a stand against
native extremism and insist on use of courts.
Lobby McGuinty govt to respect rights and
views of non-natives.
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Endorse Toby Barrett’s ‘Haldimand Proclamation for
Peace, Order and Good Government’ [13]
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Lobby to take settlement of land claims out of the
hands of politicians and hold reserves accountable for
lawlessness.
(Resolving Native Land Claims Responsibly) [14]
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Continue to pursue justice and preserve rule of law
through court actions.
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Use media, courts, public education to make land claim
lawlessness as politically-incorrect as drunk driving.
F. More Info
CD ROM
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Presentation notes
CANACE founders’ resume
Lessons from Dr. King
Report: The Human Costs of Illegal
Occupations
• Report: Legalized MYTHS of Illegal
Occupations
• Article: McGuinty’s Ipperwash Cover-up
CANACE – Canadian Advocates for Charter Equality
CANACE
When Freedom demands action
www.canace.ca