Caught in the Middle

1. Caught in the Middle

2. Reconciliation:The CANACE PathCity of BrantfordSept 29, 2008

3. A. About CANACE Three Founding Nations – One Constitution

4. Canadian ‘outsiders’ with United Nations Emergency Force, Middle East, 1978 (Mark is 3rd from right)

5. Why I came

6. 15 yr old ‘Pam’ from 6th Line, Oct 08/07

7. “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

8. CANACE goals SHORT TERM… • End Race-based policing • Preserve Rule of Law • Preserve Ontario economy

9. 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.

10. CANACE methods = Accountability • 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

11. CANACE reports

12. CANACE reports, cont.:The Ipperwash Papers project

13. Reconciliation Through Equality

14. CANACE cited in media

15. 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]

16. 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]

17. 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

18. B. Key Influences on OPP, Ontario Government, Native Protesters

19. 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

20. 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

21. 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]

22. 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]

23. d. Peacekeeping vs. Law Enforcement 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.

24. B. KEY INFLUENCES, cont.2. Myths re Duty to Consult Haida Nation v. British Columbia, 2004 • “…third parties are under no duty to consult or accommodate Aboriginal concerns…” • “Third parties cannot be held liable for failing to discharge the Crown’s duty to consult and accommodate. • “The Crown is not under a duty to reach an agreement;” • “As for Aboriginal claimants, they must not frustrate the Crown’s reasonable good faith attempts,” • “This process does not give Aboriginal groups a veto…”

25. Province has duty to consult, NOT municipalities • Province is allowed to delegate procedural aspects of consultation, but NOT the duty and liability. • 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.

26. 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

27. B. KEY INFLUENCES, cont.4. Suppression of non-native rights & views • Rights of non-natives of little importance to OPP, McGuinty gov’t

28. 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.

29. “…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

30. “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 mediationMichael Bryant on Mark Vandermaas’ OHRC complaint re Dec 16/06 arrest

31. 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

32. 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.

33. C. Reconciliation: The CANACE Path

34. diagram

35. D. Suggestions for starting down the path to reconciliation

36. 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. • Understand: Native extremists do not speak for all native people. [10, 12]

37. 3. Create: Haldimand/Brantford bi-community committee to review evidence, hold Ontario & federal govt’s accountable, report to media. ----------------------------------------------------- • 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.

38. Endorse Toby Barrett’s ‘Haldimand Proclamation for Peace, Order and Good Government’ [13] • 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] • Continue to pursue justice and preserve rule of law through court actions. • Use media, courts, public education to make land claim lawlessness as politically-incorrect as drunk driving.

39. F. More Info CD ROM • 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

40. CANACE – Canadian Advocates for Charter Equality CANACE When Freedom demands actionwww.canace.ca