Top News - November - 2002
 |
Evan
Dreaver of the Muskoday First Nation in Saskatchewan stopped
by the Windspeaker booth at the 2002 Saskatchewan First Nations
Cultural Celebration and Powwow held in Saskatoon on Oct. 18
to 20.
Photo by: Bert Crowfoot |
Equal under the law? Not
even. - Editorial
Solidarity with Columbian sisters
- Guest Column
Check out Ontario Birchbark
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Hate crime charges reduced
Paul Barnsley, Windspeaker Staff Writer, Stand Off Alberta
Page 1
Charges that three non-Native teenagers committed a hate crime
when they allegedly opened fire on a school and six homes on
the Blood reserve with paint-ball guns on Oct. 9 were reduced
to 13 counts of vandalism by the Crown Attorney two weeks later.
The Blood Tribe chief and council are not happy with the decision.
"I still question why the charge was dropped. And a lot
of council members are still of that opinion. We're trying to
get our solicitors to look into it," said band councillor
Jason Good Striker. "It seems to me that if any person,
be they white, black, red or yellow, if anybody brings a toy
gun onto a plane and raises hell, the new Canadian legislation
towards terrorism is going to press regardless of race. This
shouldn't be treated any different. It was an act of terrorism.
They were going around our community with these weapons."
Good Striker couldn't verify if racial slurs were heard being
uttered by the accused during the alleged incident, but he said
name-calling and racist taunting is not unusual in southern Alberta.
At the time of the incident, Sgt. Brian Miller of the Blood Tribe
Police Service told reporters that the crime the 17-year-old
and two 16-year-olds were alleged to have committed fell under
the definition of a hate crime because it was an act of hatred
against an identifiable group.
Later, Blood Tribe Police Chief Alf Rudd explained that Sgt.
Miller's interpretation of the Criminal Code of Canada was a
bit off.
"On the merits of the case, the criteria for the charge
isn't made out," he said.
The police chief said he had no problem with the decision to
reduce the charges.
"We've got no problem. We've analyzed the thing and understand
exactly what elements are required to make up that offense and
that they weren't there in the initial instance and that, on
reflection, conclusions were come to a little too hastily,"
he said. "The police here aren't disappointed. We're relieved
we don't have that kind of thing going on."
Section 319 of the Criminal Code spells out what constitutes
a hate crime. It states that "everyone who, by communicating
statements, other than in private conversation, willfully promotes
hatred against any identifiable group" is guilty of a hate
crime. An "identifiable group" is defined in the Criminal
Code to mean "any section of the public distinguished by
color, race, religion or ethnic origin."
But the law also states that "no proceeding for an offence
under this section shall be instituted without the consent of
the attorney general."
Alf Rudd said his officers didn't get that consent.
"If you look at 319 subsection six, you have to have what's
called a fiat from the attorney general of Alberta," the
police chief said. "They found out about it on the news
and were quite startled, knowing that proviso is there they thought,
'Why weren't we contacted?' When they got a look at the case,
because the kid went to court, they said, 'Well it's not here
anyway and when you make your application we're going to turn
it down.'"
The Blood Police Chief sounded convinced the right decision had
been made.
"First of all there's no statement communicated. That's
the problem. There's not much communication in a paint splash
is the point. There was no racial remarks, slurs, messages,"
he said.
He said his department's investigation, coupled with the RCMP
investigation, had uncovered evidence that the accused may have
been committing similar acts in various locales for several weeks.
"These three young fellows have been active for at least
a month in the surrounding communities," he alleges. "They
were doing the same thing. They had been carrying on in those
communities," he said. "They're charged with 13 counts
of vandalism that are still left on the information. And our
ongoing investigation has identified a fourth suspect as well
and we turned that information over to the RCMP."
The police chief sees the initial decision by his officers to
be an error of enthusiasm.
"The guys misinterpreted it. And they know that now,"
he said.
The three young people, who cannot be named because of the provisions
of the Young Offenders Act, appeared in court on Oct. 22 and
heard formally that the hate crime charge had been dropped. They
were remanded to Dec. 13.
The decision to drop the more serious charges was obviously not
popular with some members of the Blood community. Outraged community
members alerted this publication to this development, but none
would speak on the record.
Principal Carolyn Weaselfat, whose Aahsaopi Elementary School
was hit hardest in the attack, was in court. She confirmed that
the charges had been dropped. The principal said she was "not
authorized" to comment and suggested that Blood school superintendent
Joyce Good Striker be contacted for comment. Good Striker was
not available.
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Chief, minister spar over throne speech
Paul Barnsley, Windspeaker Staff Writer, Ottawa
Page 3
As you could have predicted, Assembly of First Nations National
Chief Matthew Coon Come and Indian and Northern Affairs Minister
Robert Nault had widely varying views on the importance of the
speech from the throne delivered by Governor General Adrienne
Clarkson on Sept. 30.
Coon Come saw it as an unambitious re-hash of previous promises.
"We've all heard this before," he said. "On the
one hand, we have a Prime Minister who was a minister of Indian
Affairs. He's made statements recognizing the Third World conditions
of our people. He is a parent and has adopted a First Nations
person as a son. He has made statements several times in previous
throne speeches about dealing with Aboriginal issues. At the
same time, I think the bureaucrats got the upper hand on this
one."
"This is the most active agenda of the Department of Indian
Affairs and a government in a very long time," Nault said.
The minister and the national chief each scheduled a question
and answer session with the Aboriginal press immediately after
the speech. Nault spent about 20 minutes on the line on Oct.
1; Coon Come, in his first such press conference in almost two
years, talked to reporters for almost an hour the next day.
Coon Come was critical of the central themes of the speech, the
approach fundamentally flawed.
"He had an opportunity to be a visionary and I think he
missed the boat. He's talking about closing the gap, but not
really dealing with the cost of the gap-nothing innovative,"
Coon Come said.
"Dealing with the cost of the gap, I thought would have
[meant] referring to the Royal Commission on Aboriginal Peoples.
The $55 million of taxpayers money that was spent and the five
years of research, 400 recommendations, and there's not one reference
to a recommendation in the throne speech."
The Governor General repeatedly used the phrase "closing
the gap in life" when referring to the government's Aboriginal
agenda, which was a major part of the throne speech. Coon Come
countered by saying, "the initiatives of the government
will fail if they are seen as done for us. The initiatives of
the government will succeed if they are creative and are done
with us. Throughout this speech you hear 'work with' about 21
times. But they're always talking about 'with their own institutions.'"
Windspeaker asked the minister whether "closing the gap"
meant that the government would move toward First Nations positions
or that First Nations were expected to move closer to the government's
position?
Rather than deal with that question, he criticized Coon Come
for not endorsing the government's plan.
"The national chief is not being very consistent because,
if you recall in a number of speeches in the last few years,
the biggest criticism of the government is that we weren't moving
on what Mr. Coon Come portrayed as the bread and butter issues,"
the minister said.
"Now that we have moved on them and are moving towards improving
the delivery of programs and services in order to improve the
quality of life for First Nations people-whether it's economic
development, social, infrastructure, improving education or the
tools of modern governance that everyone takes for granted in
other governments-all I can say is I'm shocked and surprised
that people's memories are so short because that's what was requested
of us. I'm of the view that we're delivering on the agenda, in
some areas of course, that were put to us by First Nations citizens
and First Nations leaders over the last number of years."
Coon Come repeated his belief that the gap can only be closed
by redistributing lands and resources and allowing Indigenous
peoples a share of the wealth harvested from their traditional
territories. He said the greatest root problem facing First Nations
was the lack of control they have of their own destinies.
"The government is still trying to tell us what is good
for us. They had an opportunity to think outside of the box.
There exists in our communities urgent needs that require a comprehensive
strategy with three elements: long-term investment, partnerships
and First Nations control of our own lives. All the social programs,
although we welcome them, if they are done without First Nations
control they will not solve the suicides," he said.
The minister made no secret of the fact that he believes the
government of Canada has the ultimate authority, that First Nations
do not have equal, government-to-government, standing with Canada.
He dismissed the AFN, not for the first time, as a mere lobby
group.
"I am very committed to moving forward differently than
other ministers in the past simply because I will not be stopped
by certain groups of individuals who do not want to move away
from the status quo. The status quo has not served First Nations
very well. And at the rate we're going we will have serious issues
in this country if we don't start to make progressive change,"
he said. "I think what the leadership-Matthew Coon Come-is
telling you is that the government should not be allowed to move
unless he gives us his permission. Well, I can assure you that
won't happen because the government of Canada has a moral and
legal obligation to deliver programs and services and improve
the quality of life for First Nation people.
"If I can put it to you another way, First Nations people
and First Nations leaders are driving this agenda. We have been
in contact and are working with them right across the country.
We just don't think a lobby group like the AFN should be the
leader in developing policy and programs. That should be done
by the communities themselves," he said.
Coon Come said the minister was in error in not recognizing the
AFN as a collection of duly-represented leaders with legitimate
political authority.
"This is again part of the [public relations] by Minister
Nault to try to label our national organization as a lobby group
when in fact we are part of the institutions of Canada,"
he said. "The fact that we are mentioned as Aboriginal peoples
in the Constitution gives us a special place, which the government
of Canada and especially this minister does not recognize. I
don't care what he says. In this country, Aboriginal peoples
are not just another interest group."
Nault said he had identified how much money will be required
to fulfill the commitments of the throne speech, but he wouldn't
disclose that information.
"I can't tell you what the numbers are today because that's
what budgets are for. But I can assure you that it's our intention
to meet our commitments," he said.
Top
Officers charged
Paul Barnsley, Windspeaker Staff Writer, Toronto
Page 10
Only days after Windspeaker reported that a police cover-up
was being alleged in the very public beating of a Native man
in Toronto, two city police officers were arrested.
After a four-month investigation by members of Internal Affairs,
the officers were charged on Sept. 26 with assaulting Ramsey
Whitefish on June 2 in the Bloor Street West and Borden Street
area of the city.
Roger Obonsawin, a member of the Aboriginal Peoples Council of
Toronto, a group that complained about the slow pace of the investigation,
said he was told that the decision to arrest and charge the officers
was based on DNA evidence allegedly found on the officers' boots.
Witnesses allege that Whitefish was kicked, stomped and punched
by two police officers.
Charged with one count of assault each are police constables
James Rowe and Dion Monahar, both of 14 Division. Rowe has been
a member of the service for two years and Monahar for three.
They were released from custody with conditions and will appear
in court on Nov. 7.
At the time of their arrest the officers were suspended from
duty with pay in accordance with the province's Police Services
Act.
Obonsawin said members of his council believe the arrests should
have been made long ago.
"The whole thing hinged on the DNA evidence. We were pushing
that they didn't need to wait for that evidence because they
had 13 eyewitnesses," he said.
Native people in the city have also questioned the charges, saying
assault causing bodily harm, a more serious charge, would have
been more appropriate.
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APTN news reorganizes with new executive producer
Paul Barnsley, Windspeaker Staff Writer, Winnipeg
Page 18
As of Oct. 28, the Aboriginal Peoples Television Network news
team is on the air every day. The half-hour news show will air
Monday to Friday at 6:30 p.m. Central Time (7:30 in Toronto,
4:30 in Vancouver). On Friday, Contact, the call-in show starring
Rick Harp, will follow.
There will be a couple of changes viewers will notice: the show
is now called APTN National News. Contact's formal name is APTN
National News: Contact. Harp will join Nola Wuttunee as the news
co-anchor. Wuttunee took over the anchor job last year after
Carol Adams (now Carol Morin) left for CBC North.
Sources report that a major announcement regarding an appointment
to the vacant Chief Operating Officer position, filled by APTN
board chairman Clayton Gordon since the board elected not to
renew its contract with former COO Ron Nadeau, was scheduled
for just after Windspeaker's production deadline. It was expected
that Jean Larose, the director of communications for the Assembly
of First Nations for the last nine years, would be named to the
COO position. Reliable sources confirmed that Larose made a presentation
to the hiring committee and was informed by the board that he
had emerged as the top choice. Negotiations about details of
his contract were being finalized as we went to press.
The change that will have the most direct effect on news is the
hiring of 14-year Vision-TV veteran Rita Deverell as executive
producer of news and current affairs. She joined APTN in August.
The two-time Gemini Award winner was a founding member of Vision-TV
and was the network anchor, vice-president and senior producer.
Deverell spoke to this publication on Oct. 22, the day after
she was inducted into the Canadian Association of Broadcasters
Hall of Fame during a ceremony in Vancouver. She entered the
hall with Pamela Wallin and eight other people who have "made
a major contribution to Canadian broadcasting."
Moving from Toronto to Winnipeg, where APTN headquarters is located,
was not a problem for the veteran journalist.
"In the original, original sense, I guess I'm from the Prairies
in that I was born in Houston (Texas). So after I became a Canadian
and ended up in Regina, I thought: 'Oh, I've come home,' "
she said.
She worked in the Saskatchewan capital 25 years ago.
"It was in Regina that I first began to do journalistic
work on Aboriginal stories," she said.
Now in her late 50s, Deverell had not expected her career to
take such a dramatically different turn when she left Vision-TV.
"I wasn't planning on putting up my feet and swinging in
the sun, but I was not planning on coming to Winnipeg. I was
not planning on launching a daily show in APTN and I wasn't actually
planning on staying in the really, really fast paced news and
current affairs game. I made the decision to retire from Vision-TV
which was a hard decision," she said. "And then after
I did that, and I was planning on going in a number of directions,
none of which was head of news and current affairs at APTN, then
APTN came along. So my retirement didn't last very long."
But she's excited about the opportunity.
"I have been interested in, concerned about Aboriginal issues
for 25 years," she said.
When she started working for the CBC in Regina she noticed that
Aboriginal people made up 30 per cent of the population but they
certainly weren't the subject of 30 per cent of the stories in
news and current affairs programming.
"I said to the news director that I would like to do something
to change that. He said, 'Good luck to you.' With that modest
amount of encouragement, I did do a couple of seasons of feature
stories about Aboriginal issues and people," she said. "My
sensitivity to these issues, which is not more sensitive than
anyone in the world, is that I grew up in the southern United
States and I'm black. Two things were very noticeable to me when
I first came to Regina. One was that Native people were kind
of on the margins of society the way that black people were when
I was growing up. The second thing was that everyone would immediately
tell me, because I was black, that they weren't racist. They
would say that they weren't like those awful people in the United
States. But they didn't notice that the same kind of racism was
directed at Aboriginal people. It was such a given that they
didn't even know it was happening."
She doesn't claim to be an expert on Aboriginal issues. She said
she'll rely on her "terrifically talented" editorial
staff to help with the fine points in that regard.
"But I do think there was an almost visceral understanding
of what was going on. It took a while to get from the pit of
my stomach to the top of my head," she said.
She said the news department isn't getting a major bump in its
budget to help smooth the way to going on the air every day,
but she doesn't see it as a problem.
"We are doing news and current affairs. We are not doing
a straight news show. We will do news, what's happening today.
But we don't intend to try to outrun CNN. For a couple of reasons.
One: we don't stand a chance of doing that. You can't just double
our budget to do that. Second: that wouldn't be making much of
a contribution if we tried to do that. CNN is already very good
at being CNN. The purpose of APTN National News is to deal with
events of the day, the week, the month, from Aboriginal perspectives.
I think we need to be more expert on why rather than when,"
she said. "We'll spend that money as smart as we can."
She hopes to increase the amount of international Indigenous
news stories.
"We really have to give people information that they can't
get anyplace else," she said.
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