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Canada's chance to help bring Peltier justice

Author

Windspeaker Staff

Volume

12

Issue

5

Year

1994

Page 4

By righting a wrong that was committed in a Canadian extradition court 18 years ago, this county could help free one of North America's most controversial political prisoners - Leonard Peltier.

But does Canada's federal government have the political will, courage and strength of character to correct this injustice? The answer can't come soon enough.

Just Minister Allan Rock intends to review Canada's part in the fraud that saw Peltier extradited to the United States in 1976. Peltier was later convicted on two counts of murder in the shooting deaths of FBI agents at the Pine Ridge Reservation in South Dakota and remains in prison to this day. But Peltier may never have found his way to trial if Canada had protected him against the racist abuses of the FBI.

The evidence which gave Canada the excuse to send Peltier to his fate before an American kangaroo court is known to have been fabricated. The FBI, having difficulty in finding sufficient evidence to extradite Peltier, turned to a sorry individual named Myrtle Poor Bear who had a history of mental illness.

She was coerced into signing several false affidavits which stated Peltier was her boyfriend and that she saw him shoot the two FBI agents at Pine Ridge June 17, 1975.

In actuality, Poor Bear had never met Peltier and was not at Pine Ridge on the day of the shooting. Her statements, however, were submitted as evidence to Canada's extradition court and Leonard Peltier was extradited to the United States.

There is cause to believe the FBI and the American Justice Department knew they were presenting false evidence to Canada's extradition court. The affidavits were obtained only after a Canadian prosecutor advised the FBI there was not enough evidence to extradite Peltier. It was a clear abuse of the investigative process of the FBI, ruled the U.S. Circuit Court of Appeals in 1978.

But despite this shabby treatment of a good and friendly neighbor by the U.S., Canada did nothing, said nothing, succumbing to the political pressure brought to bear by this immense foreign power to the south. One man's rights swept under the carpet. Why?

There have been opportunities where Canada could have stood defiant. Opportunities to demonstrate its commitment to justice for all the people housed within its borders. But these opportunities came and went. It wasn't until 1992 that 55 members of Canada's Parliament intervened at the Eighth Circuit Court of Appeals and condemned the fraudulent extradition of Peltier. They asked the court to release him to Canada where a new extradition proceeding could be initialed.

But the 55 members of the Canadian Parliament went home empty-handed. Their appeal was rejected in 1993. Dismissed because the politicians were not representing the Canadian government.

What is being asked of Canada now is a formal diplomatic request to have Peltier returned to Canada on the grounds the U.S. breached the trust of the Canadian people. This will not in itself free Peltier, but would go a long way to restore faith in the integrity of our justice system. It would also add to the growing pressure on the US. to have the man released.

Canadians paint a pretty picture of their commitment to human rights, but after 18 years a most prominent human rights abuse is still being suffered by a man that languishes behind bars. To this day our government has lacked the grit to act, to fight for what we stand for as a nation, to go toe to toe with a neighboring country that abused our good will. Our government has the power to help, but will it?