Trust. Integrity. Reputation.
1997 Windspeaker August Headlines
· Caught in a bind - Windspeaker editorial
· George family outraged by minimal sentence
· NHL Coach of the Year - Out on his ear - Ted Nolan feature
· National Native role models needed to inspire youth
· Crown refuses to file sexual assault charges
· Residential school apology considered
· Border crossing battle with customs won
· Protect our lands - letter
· Windspeaker proud to be one of North America's finest papers
· The seven C's of colonization - column by Drew Hayden Taylor
· New minister opens treaty talks with Wet'suwet'en
· Count down to AFN election
· Agreement will help move Mi'kmaq toward self government
· Accountability workbook to get nations on track
· Monument marks grave of artist
· Canadian Native Arts Foundation expands mandate
· Aboriginal film-makers shine in the spotlight
· NAIG website gets lots of hits
· Angela Chalmers calls it a career
· Cree boxer gets shot at world junior title
· Community hosts invasion - Saskatchewan Indian Summer Games
· Come fly with us - Air Canada signs employment equity agreement
· First Native union formed in Canada
· IANE rewards extra effort
· Erasmus honored
· Two visions, two insights, two struggles, two lights - AIDS Awareness
Crown refuses to file sexual assault charges
By Kenneth Williams
Windspeaker Staff Writer
ONION LAKE, Sask.
It's been almost 30 years, but Violet Quinney is just now able to talk about the sexual assault she suffered when she was a student at an Indian residential school in Saskatchewan. The alleged perpetrator was a teacher at the school, who would be convicted later of similar offences in British Columbia.
Even though the man has now completed his sentence, Quinney wants him brought to justice for the assaults she, and probably other students, suffered in the late sixties and early seventies. But that's not going to happen.
The Crown prosecutors in Saskatchewan refuse to prosecute the pedophile for two reasons: it would be difficult to convict him; and, even if he was convicted, he probably wouldn't serve any more time in prison.
"In Saskatchewan, we have two criteria before we lay any criminal charges: one, whether there's a likelihood of success and whether there's a public interest in laying charges," said Daryl Rayner, a Crown prosecutor who reviewed the case. "We looked at this case in light of those two criteria."
The perpetrator had already been charged, convicted and sentenced to similar charges in British Columbia and prosecuting him again would probably not lead to more jail time. Rayner referred to this in an earlier interview with the Saskatoon Star-Phoenix as the "totality principle."
"I want to challenge the totality principle," said Quinney.
She felt that if she committed a crime, like murder, and had served her time, the Crown wouldn't let her go if they discovered she had committed an earlier murder that she wasn't prosecuted for.
But Rayner wanted it to be clear that the Saskatchewan Crown prosecutors don't ignore historical abuse cases.
The perpetrator "was convicted of the [sexual assault charges] in British Columbia in 1985. At that point in time he received treatment while incarcerated. From all reports we received, he successfully completed his treatment. . . and that he wasn't a risk for re-offending," said Rayner.
In Gimli, Man., however, there is another case involving a convicted sexual abuser where the RCMP are trying to contact his victims so they can lay more charges. Despite the fact that these charges might not mean more jail time, the investigating officer, Const. Tom Boyle, said the province was proceeding with prosecution.
"We make the decision to lay or not to lay charges in this province," he said. "Totality should mean squat. I would see going for [prosecution] whether it was totality or not."
Quinney also felt that she hadn't received fair treatment from the RCMP detachment at Onion Lake who were handling the case. She filed a complaint with the RCMP Public Complaints Commission alleging that one of the officers, Sgt. Wally Bednar, had stated to her that she would get better service if she paid taxes.
Bednar, however, said that the tax comment was just a misunderstanding and that he never said it the way she's reported it. It stemmed from Quinney's complaint about the length of the investigation. Bednar responded that the resources of the RCMP detachment and North Battleford Crown prosecutors were stretched to the limit.
"I think I said something like 'the only way for the government to get more resources is to collect more taxes,'" he said.
The comment was not directed toward her personally as a treaty Indian, he added.
But far from being upset about the allegation of unfair treatment, Bednar sympathizes with Quinney because he was not able to file charges against the man who abused her.
"It all went to the attorney general's office and they said 'no.' I explained to her that we'd have trouble with it because he had served time," said Bednar. "The end result is that it's not our decision."
But Quinney isn't satisfied with the decision and is trying other avenues to get this case re-opened because she feels this is necessary for her to get some sort of closure for herself.
"I wanted this pedophile to apologize to me," she said. "It's taken a lot of therapy. It's taken me so long to deal with it. It's still affecting me today."
The real insult is the government's failure to prosecute the abuser feels like he got away with it, she added.
"I do forgive the guy, but it's taken quite a few years to forgive him," she said. "All I wanted was an apology. I wanted to face him myself [and] I was never given that chance."
"We are always concerned about the victim's desires. It's always a major emphasis in our decision-making process," said Rayner. But "what do we hope to attain by a prosecution? At the end of the day, we did not see that there would be much for us to gain by this prosecution even if it was successful.
"From my perspective, the case is closed. We've made the decision that we're not going to prosecute this case," he added.
"It's unfortunate that the attorney general's office hadn't proceeded," said Bednar. "I appreciate her concerns. . . We sort of didn't meet her needs on the end results."
By Paul Barnsley
Windspeaker Staff Writer
SARNIA, Ont.
The Ontario Provincial Police officer who was convicted of fatally shooting an unarmed Aboriginal land claim protester will serve 10 hours of community service each month for the next 18 months.
On July 3, acting-Sgt. Kenneth Deane - who Ontario Judge Hugh Fraser ruled lied to investigating officers and an Ontario court in an attempt to avoid punishment - was sentenced to serve two years less a day in jail. But, because of relatively new changes to the Criminal Code of Canada, the veteran OPP officer will not serve any jail time.
Recent changes to the criminal code give judges the option to decide if society's best interests will be served by jailing persons sentenced to less than two years in jail. A conditional sentence which allows that person to remain out of custody can be entered for an offender if the judge deems it appropriate.
The conditional sentence imposed by the judge on Deane requires the police officer to perform 180 hours of community service. He is prohibited from using firearms and must remain within the jurisdiction of the court during the period of his sentence. He must also "keep the peace and be of good behavior" and report his whereabouts to court officials. Norman Peel, Deane's lawyer, is expected to appeal the conviction within 30 days of the sentencing. The convicted police officer is currently assigned to a desk job, remaining on the OPP payroll at full salary.
Members of the George family and Aboriginal leaders across the country were outraged by what they perceive to be the leniency of the sentence. As far away as British Columbia, the chiefs of the First Nations Summit issued a statement condemning the sentence.
"It's hard to believe that in this day and age we have a judicial system that clearly discriminates based on race. The sentence given to Sgt. Deane tells Canadians that those convicted of committing offences against Aboriginal people will be given leniency. This is highly offensive and unacceptable to our people," said Grand Chief Edward John.
Chief John called on the Ontario government to appeal the sentence. The Summit chiefs believe Deane should lose his job and the right to own firearms for at least 10 years.
The Crown prosecutor in this case, Ian Scott, told Windspeaker that he has recommended to his superiors in the Ontario attorney general's ministry that the sentence be appealed, saying he is concerned with the proportion of the sentence given the severity of the crime.
Lawyers representing the victim's family say they were shocked and puzzled by the sentence.
"The family was extremely upset," said Delia Opekokew, the Cree lawyer from Saskatchewan who leads the family's legal team. "They considered the sentence to be light."
Opekokew suggested that the sentence may be an indication that the judge agrees with her legal team's position that Deane was put in a difficult situation by others who deserve a share of the blame for the Ipperwash tragedy.
"The first feeling is that the sentence was a total devaluation of the guilty verdict," said lawyer Murray Klippenstein. "But after, as we tried to account for the sentence and what it meant, we reflected on the judge's comment that so many people aside from Sgt. Deane were responsible for the build up of force and the events that night."
A third family lawyer, Andrew Orkin, said the family was devastated by the decision, especially when they realized that the law was changed a year after the shooting to more severely punish offences involving weapons.
"If he'd committed the offence a few months later he'd have been sentenced to a minimum of four years," Orkin said. "The law was changed to increase the minimum sentence for anyone who committed an offence with a firearm. It was part of the gun control legislation. To me, society sent a signal with that change."
Family members and Aboriginal leaders accuse the Ontario government of influencing - if not ordering - the OPP's decision to use force during the confrontation at Ipperwash Provincial Park. Klippenstein said it's a possibility that the judge's choice of sentence was a message from the bench that the police officer should not shoulder all of the blame for the fatal shooting.
"Part of me says that's it," Klippenstein said.
More and more information - some accessed under freedom of information laws and some leaked - is being obtained by family lawyers and by provincial opposition parties. The information suggests that Premier Mike Harris and members of his cabinet were directly involved in the events leading up to the shooting.
A logbook kept by police officers at the scene during the days leading up to the shooting, indicates that Harris and Solicitor General Robert Runciman were monitoring the situation, something the premier denied shortly after the shooting.
On page 53 of the logbook it is recorded that the OPP commanding officer at the park, Inspector John Carson, said the morning of Sept. 5, 1995, the day before the shooting, that the "Premier and Solicitor General want to deal with this."
On page 69 it is recorded that the provincial member of Parliament for the area, government member Marcel Beaubien, was in direct contact with the premier's office three hours before the fatal shot was fired.
Beaubien sent a fax to the premier's office demanding immediate action. It's noted in the logs that he expected a response.
"If people are hurt, so be it"
A copy of that fax was obtained by Windspeaker. The cover letter, signed by Beaubien and addressed to a senior staff member at the premier's office reads: "I am attaching a letter from a respectable, responsible, tax-paying, law-abiding lawyer in my riding. He puts the message across much better than I could. Further to our telephone conversations and faxes of Sept. 5, 1995, I totally agree with [lawyer's name removed by government freedom of information censors.] It could also be said that he agrees with my suggestions of yesterday."
The next two pages of the three-page fax consist of a letter to Beaubien, signed by the un-named lawyer and copied to the premier, the solicitor general, the attorney general and the Minister of Natural Resources, the ministry responsible for administering the park.
In that letter, the lawyer refers to the occupiers as "hooligans." He added he was upset by the events at the provincial park because it "is the first place my parents took me camping."
Without dealing with the legitimacy of the land claim on the area, something the federal government recognized within a week of the shooting, the lawyer attacked the actions of the occupiers and demanded that the government confront them.
"I do not want to see the provincial government back down in the face of lawlessness. . . The time to act, and act decisively, is now. If people are hurt, so be it - laws must be enforced to be respected," the lawyer wrote.
"The Conservative government had a large law and order plank in its platform - I want to see it live up to its election promises and my expectations. I want to see Ipperwash Provincial Park remain in the public domain, and I want the law enforced to see that it does," the lawyer concluded.
Klippenstein noted that Conservative MPP Beaubien fully endorsed the sentiments expressed by the lawyer and urged the premier to act on them. He and the George family members believe that establishes a connection between the premier, his government and the death of Dudley George. They will continue with their $7 million wrongful death lawsuit against Premier Harris, several cabinet members and others. They continue to demand a public inquiry into the events of that night.
The family also asked the new Indian Affairs Minister, Jane Stewart, to order a federal inquiry. Stewart has not yet responded to that request.
National Native role models needed to inspire youth
By Linda Dumont
Windspeaker Staff Writer
KAHNAWAKE, Que.
Is there someone is your life who serves as an inspiration, someone whose dreams can help others build dreams of their own?
The National Native Role Model Program helps provide role models for youth.
These role models are Native individuals from across Canada who have shown leadership in their communities. They show in their words and their deeds the seven traditions of wisdom, love, respect, bravery, honesty, humility and truth.
The National Native Role Model Program began in 1984 at the summer Olympics when Alwyn Morris won the gold and bronze medals in kayaking for Canada. He became one of the first group of role models, responding to the many public appearances he was asked to make.
The first group, which included hockey player John Chabot, actress Margot Kane, and Ted Nolan, former coach of junior A hockey in the Ontario Hockey League and current coach of the year for the NHL, were all role models with high profile careers.
In 1983, the focus of the program shifted to ordinary people who were serving their communities so that young people could set realistic goals for themselves, because not everyone can be an Olympic gold medalist.
Since the rephasing, communities take a more active role in the selection of role models. Role models now serve two-year terms, and are nominated in their communities.
Dawn Willier was among the second group of role models from l993 to 1995.
"We were basically introducing the program in a different way," Willier said.
It was no longer about things you did like winning a gold medal.
"At the time when I was chosen, I was really involved in youth," Willier said. "As home school co-ordinator, I worked with the high school. We organized trips and I volunteered time to chaperone."
Gerald Auger is one of the current group of role rodels whose term ends in 1998. Auger owns a publishing and promotions company run by First Nations people for First Nations people.
As a role model, he is required to make at least 10 community visits. So far, Auger has made 28 or 29.
"I talk to the kids on a range of issues depending on what issues are dominant in the community," he explained. "I go to schools, youth conferences, and banquets. By the time I'm done a visit, there may be one or two out of the group of two or three hundred. They wait in the back and approach to ask questions.
"You can see it in the eyes of the troubled kids, that their dreams are possible," Auger said.
Auger knows what it's like to be a troubled kid. He was on the street at the age of 12, then with the help of people who taught him to survive, put himself through college and went after his dreams. He went on to work with 12 inner city street youth on a program called Young Pride.
"It's busy. I like the experience but it's not all a bed of roses. Whoever gets nominated, there is a lot of dedication and sacrifice and time away from their communities," Auger said about being a role model.
The Native Role Model Program is funded by Health Canada through the treasury board.
"For this year, our finding is stable, and for next year," said Arlene Skye, program director. We have demonstrated that we are stable and have made a definite impact on the community, so we are not really worried."
"We can never really be sure," she added. "The treasury board could change their guidelines for funding."
All First Nations and Inuit people can nominate a role model, but Native youth are especially encouraged to help in selecting role models. Each nominator can select only one.
To nominate a role model, pick up a nomination brochure from a community health representative, Native alcohol and drug abuse prevention program workers, regional organizations, reserve schools and media locations throughout Canada.
Nominations must be received by the National Native Role Model Program by Sept. 30.
All nomination ballots received from First Nations and Inuit individuals will be entered into a grand prize and a regional draw. The grand prize is round trip airfare and accommodation for two at the gala evening in Ottawa where new role models will be presented.
One role model will be selected from each of the nine regions. The individuals who nominated the selected role models will win a portable CD player each.
To get involved in the National Native Role Model Program, community leaders can host role model celebrations to recognize people who have helped youth in their community or region.
Schools and health educators can discuss role models with the youth in the community and invite them to nominate people in their lives who have been a source of inspiration.
Booths and displays can be set up at events such as powwows, feasts and round dances.
For more information about the National Native Role Model Program contact Arlene Skye at 1-800-363-3199.
NHL Coach of the Year out on his ear
By Sam Laskaris
Windspeaker Contributor
TORONTO
It's not too often that a person is told he is absolutely the best in his field and then finds himself out job-hunting shortly afterwards.
But that's exactly the situation Ted Nolan finds he's in.
During the National Hockey League's awards night held in Toronto on June 19, Nolan, having just completed his second season as the bench boss of the Buffalo Sabres, was named coach of the year.
But less than two weeks later, Nolan and the Sabres parted company. After a lot of very public speculation about his future with the club, the best coach in the league was offered a one-year contract extension by the team's newly-appointed general manager Darcy Regier.
Regier replaced John Muckler, a man with whom coach Nolan had a sometimes stormy relationship.
The offer of a one-year contract didn't satisfy Nolan, who was seeking the security of a three-year deal. The former Detroit Red Wing and Pittsburgh Penguin player who went on to an outstanding Major Junior coaching career with the Soo Greyhounds before making the jump to the big-league coaching ranks, found Regier's offer unsatisfactory, especially considering his accomplishments this past season.
At the start of the 1996-97 campaign, hockey insiders felt the Sabres would be a middle-of-the-pack, perhaps sub-500 team. But with Nolan providing the leadership and Dominik Hasek providing world-class goaltending, the Sabres finished on top of their division with a 40-30-12 record.
Dubbed the hardest working team in hockey, the Sabres' 92 points was good for sixth overall in the league standings. That's a dramatic improvement from the previous season when Buffalo finished 20th over-all with a 33-42-7 mark.
Nolan, a 39-year-old Ojibway man from the Garden River reserve near Sault Sainte Marie, Ont., was pleasantly surprised when he heard his name announced as the coach of the year.
Members of the NHL Professional Hockey Writers' Association voted on the award. Nolan beat out a pair of other nominees, Ken Hitchcock of the Dallas Stars and Jacques Martin of the Ottawa Senators.
"Being in the league for two years and then all of sudden you get an award. . . it certainly was well appreciated," said Nolan, who had also served as an assistant coach with the Hartford Whalers during the 1994-95 season.
Words were hard to come by for Nolan though, during his acceptance speech. Following some quick thank-yous, Nolan was visibly shaken and it appeared a thunder-shower of tears was fast approaching. Then he quickly left the stage.
At the NHL Entry Draft two days later in Pittsburgh, Nolan elaborated on how he felt during the awards evening.
"I thought it was a very emotional night," he said. "A lot of players were thanking their families. I lost both my parents a few years ago and I guess I started thinking about them and how they would react in a situation like this. They weren't there. I wish they were there. Sometimes the emotions get the better of you. And they got the better of me that time."
Though the awards night was intended to celebrate accomplishments from the past hockey season, there was a somber tone to this year's affair. That's because the majority of people who came on stage were offering their best wishes to Detroit Red Wings' defenceman Vladimir Konstantinov and massage therapist Sergei Mnatsakanov, who were in serious condition following an auto accident earlier in the month.
Besides the obvious self-satisfaction, Nolan was pleased that his award will also have a significant bearing on other people.
"I think it will be a great sign, especially for the Native youth," he said. "Being born and raised on a Native reserve in northern Ontario, not too many people came around to visit us. We always thought it was for other people to achieve things like this. To be in a position like this in the best league in the world and to be classified as the best coach for this year, I think it's quite an honor and inspiration for the Native youth or youth in general.
"It proves it doesn't matter where you come from or what material things you have or whatever you want in life that you can achieve things. So hopefully, it's an inspiration for all other people."
Even before becoming an NHL coach, Nolan was a role model for Aboriginal people. During an eight-season (1978-86) pro career, Nolan, who played defence, suited up for both Detroit and the Pittsburgh Penguins.
In 78 NHL games, he had 22 points (six goals, 16 assists.) He also had stints in the minor leagues with teams in Kansas City, Adirondack, Rochester and Baltimore.
Nolan also deserves another award just for finishing off the past year in Buffalo. From the start of the season he had an ongoing feud with the club's general manager John Muckler, a rift which reportedly began when the GM did not give Nolan a contract extension following his first year in Buffalo. Muckler was fired at the conclusion of the season.
Nolan and Sabres' star goaltender Dominik Hasek, who won the Hart Trophy as the NHL's most valuable player this season, also had their differences. Sources close to the team say Hasek was a Muckler supporter. The goaltending standout made it clear during the off-season that he was not interest in playing for Nolan again.
Nolan said considering the off-ice distractions which surrounded him, winning coach-of-the-year honors was even more meaningful.
"It certainly does mean more," he said. "It's tough breaking into this league and being successful in this league. With all the other stuff that happened, it's nice to get it."
As of mid-July Nolan was still looking for a big league hockey job. He told Windspeaker that he recently hired agent Robin Burns to help him in the search. Burns is the cousin of newly-hired Boston Bruin coach Pat Burns (formerly of the Montreal Canadiens and Toronto Maple Leafs.)
"The problem is I was let go so late that all the jobs were filled, but Robin will beat the bushes for me," he said.
If no big-league job materializes by the time training camps open, Nolan will take it easy and wait for a call. He said he wouldn't consider a minor league or Major Junior position.
"I've proved I can coach in the National Hockey League and that's what I'm looking to do," he said.
Comments: e-mail: edwind@ammsa.com