DOCSLIB.ORG

In the Supreme Court of Canada Between: Police

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Supreme Court of Canada Between: Police Court File # 34621 IN THE SUPREME COURT OF CANADA (On Appeal from the Court of Appeal for the Province of Ontario) BETWEEN: POLICE CONSTABLE KRIS WOOD, ACTING SERGEANT MARK PULLBROOK, POLICE CONSTABLE GRAHAM SEGUIN Appellant s/Respondents on Cross- Appeal -and- RUTH SCHAEFFER, EVELYN MINTY AND DIANE PINDER Respondents/Appellant on Cross-Appeal -and- IAN SCOTT, DIRECTOR OF THE SPECIAL INVESTIGATIONS UNIT Respondent/Apellant on Cross-Appeal -and- .roLIAN FANTINO, COMMISSIONER OF THE ONTARIO PROVINCIAL POLICE Respondent FACTUM OF THE INTERVENER ABORIGINAL LEGAL SERVICES OF TORONTO INC. Aboriginal Legal Services of Toronto Legal Clinic 415 Y onge Street, Suite 803 Toronto, Ontario MSB 2E7 Christa Big Canoe, LSUC # 53203N Emily Hill, LSUC # 46899Q Tel:(416)408-4041 ext225 Fax: (416) 408-4268 Counsel for the Intervener GREENSPAN HUMPHREY LAVINE GOWLING LAFLEUR HENDERSON 15 Bedford Road 160 Elgin Street, Suite 2600 Toronto ON M5R 217 Ottawa ON KIP IC3 Brian H. Greenspan Hemy Brown Q.C David M. Humphrey Jill D. Makepeace Tel: (416) 868-1755 Tel: (613) 233-1781 Fax: (416) 868-1990 Fax: (613) 563-9869 Counsel for the Appellants/ Ottawa Agent for Appellants/ Cross-Respondent Cross-Respondent Police Constable Kris Wood, Acting Sergeant Mark Pullbrock, Police Constable Graham Seguin FALCONER CHARNEY LLP GOWLING LAFLEUR HENDERSON 8 Prince Arthur A venue 160 Elgin Street, Suite 2600 Toronto ON M5R IA9 Ottawa ON KIP 1C3 Julian Falconer Brian A. Crane, Q.C. Tel: (416) 964-3408 Tel: (613) 233-1781 Fax: (416) 964-8179 Fax: (613) 563-9869 Cou.11se! for the Respondents/ Ottav-1a ..Agent for Respondents/ Cross-Appellants Cross-Appellants Ruth Schaeffer, Evelyn Minty and Diane Pinder SACK GOLDBLATT MITCHELL LLP SUPREME ADVOCACY LLP 11 00 - 20 Dundas Street West 397 Gladstone Avenue, Suite I 00 Toronto ON M5G 2G8 Ottawa ON K2P OY9 Marlys Edwardh Eugene Meehan, Q.C. K. Kelly Doctor Tel: (416) 979-4380 Tel: (613) 695-8855 Fax: (416) 979-4430 Fax: (613) 695-8580 Counsel for the Respondent/Cross­ Ottawa Agent for the Respondent/Cross­ Appellant Ian Scott, Appellant Ian Scott, Director of the Special Investigations Unit Director of the Special Investigations Unit MINISTRY OF COMMUNITY SAFETY BURKE-ROBERTSON AND CORRECTIONAL SERVICE 655 Bay Street, Suite 50 I 70 Gloucester Street Toronto ON M7A OA8 Ottawa ON K2P OA2 Christopher Diana Robert E. Houston, Q.C. Tel: (4I6) 314-3513 Tel: (613) 233-4430 Fax: (4I6) 3I4-3518 Fax: (6I3) 233-4I95 Counsel for Julian Fantino, Commissioner Ottawa Agent for Julian Fantino, of the Ontario Provincial Police Commissioner of the Ontario Provincial Police GOWLING LAFLEUR HENDERSON I60 Elgin Street, Suite 2600 Ottawa ON KIP IC3 Wendy J. Wagner Tel: (613) 233-I78I Fax: (613) 563-9869 Counsel for the Canadian Civil Liberties Association FASKEN MARTINEAU FASKEN MARTINEAU DUMOULIN LLP DUMOULIN LLP 2900- 550 Burrard St. 55 Metcalfe Street Vancouver, B.C. V6C OA3 Ottawa, ON KIP 6L5 Andrew I. Nathanson Marisa Victor Tel: (604) 63I-4908 Tel: (6I3) 236-3882 Fax: (604) 63I-3232 Fax: (613) 230-6423 Counsel for the B.C. Civil Ottawa Agent for the B.C. Civil Liberties Association Liberties Association WEBBER SCHROEDER SUPREME ADVOCACY LLP GOLDSTEIN ABERGEL II6 Lisgar Street, Suite 200 397 Gladstone Avenue, Suite IOO Ottawa ON K2P OC2 Ottawa ON K2P OY9 Howard L. Krongold Eugene Meehan, Q.C. Tel: (613) 235-9779 Tel: (613) 695-8855 Fax: (613) 235-83I7 Fax: (613) 695-8580 Counsel for the Criminal Ottawa agent for the Criminal Lawyers' Association (Ontario) Lawyers' Association (Ontario) INDEPENDENT INVESTIGATIONS SUPREME ADVOCACY LLP OFFICE OF BRITISH COLUMBIA 1 12 h Floor, 13450- 102 Avenue 397 Gladstone Avenue, Suite 100 Surrey. B.C. V3T 5X3 Ottawa ON K2P OY9 Marian K. Brown Eugene Meehan, Q.C. Tel: (604) 586-5676 Tel: (613) 695-8855 Fax: (604) 586-5662 Fax: (613) 695-8580 Counsel for the Independent Ottawa Agent for the Independent Investigations Office of B.C., Investigations Office of B.C., Richard Rosenthal, Chief Civilian Richard Rosenthal, Chief Civilian Director Director STEVENSONS LLP GOWLING LAFLEUR HENDERSON 200- 15 Toronto St. 160 Elgin Street, Suite 2600 Toronto ON M5C 2E3 Ottawa ON KIP 1C3 Maureen Whelton Henry S. Brown Q.C. Tel: (416) 599-7900 Tel: (613) 233-1781 Fax: (416) 599-7910 Fax: (613) 563-9869 Counsel for Urban Alliance on Ottawa Agent for Urban Alliance on Race Relations Race Relations DAVID B. BUTT SHANBAUM SEMANYK PROFESSIONAL CORPORATION 501-205 Richmond St. W. 150 Isabella Street, Suite 1207 Toronto ON M5V 1V3 Ottawa ON KlS 1V7 David B. Butt Terri H. Semanyk Tel: (416) 361-9609 Tel: (613) 238-6969 x. 2 Fax: (416) 361-9443 Fax: (613) 238-9916 Counsel for the Canadian Police Ottawa Agent for the Canadian Police Association and Police Association Association and Police Association of Ontario of Ontario TABLE OF CONTENTS DESCRIPTION PAGE PART 1: OVERVIEW.................................................................. 1 PART II: STATEMENT OF POSITION........................................... 2 PART III: STATEMENT OF ARGUMENT...................................... 3 a) Over-policing of the Aboriginal Community and Vulnerability to Police Negligence............................................................. 3 b) The determination ofthese issues will impact Aboriginal people as a group who are over-represented in the criminal justice system........... 5 c) The Aboriginal people are estranged from the criminal justice system, in part, because of the historic and current treatment of Aboriginal people byPolice.................................................................. 7 d) The integrity of the SIU's investigative process encourages Aboriginal communities' trust in the criminal justice system... 7 PART IV: POSITION ON COSTS............................................... 9 PART V: INTERVENER'S POSITION......................................... 10 PART VI: TABLE OF AUTHORITIES . .. 11 PART VII: RELEVANT LEGISLATIVE PROVISIONS.................... 12 "The overall perspective of an Aboriginal person towards Canadian legal institutions is one of being surrounded by injustice without knowing where justice lies, without knowing whether justice is possible" P.A. Monture-Okanee and M.E. Turpel, "Aboriginal Peoples and Canadian Criminal Law: Rethinking Justice", U.B.C. Law Review(1992, Special Edition: Aboriginal Justice), p.2491 The legislative purpose underlying the PSA and the SIU Regulation is clear and unequivocal: to maintain and foster public confidence in the rule of law and the administration of justice by ensuring that when police actions result in the death of or serious injury to civilians, they are subject to an independent, impartial and effective investigation the conclusions of which are accessible and transparent. Schaeffer v. Wood, 2011 ONCA 716, at para. 58 citing SID Director Scott PART I- OVERVIEW 1. Aboriginal Legal Services of Toronto (ALST) is a non-profit organization that was incorporated to assist Aboriginal people gain access to, and control over, justice related issues that affect them. 2. The shooting deaths on June 22 and 24, 2009 of Douglas Minty and Levi Schaeffer, who were both mentally disabled, were tragic. The Special Investigation Unit (SIU) commenced investigations because both incidents involved Ontario Provincial Police use-of-force that resulted in the deaths. The issues in this appeal and cross-appeal are significant to Aboriginal people and communities because Aboriginal people and police services have historically and currently had a difficult relationship. 3. The outcomes of SIU investigations greatly impact the Aboriginal community because of the over-policing and over-representation that Aboriginal people experience in the Canadian criminal justice system. Because of the historical treatment of Aboriginal people by police agencies and the current context of over-representation, police forces may have to work harder to build bridges and earn the trust of the Aboriginal 1 As cited in: Canada, Royal Connnission on Aboriginal Peoples, Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada (Ottawa: Canadian Communications Group, 1996), p. I, [Bridging the Cultural Divide] [TAB 5]. 2 communities they serve. The transparent oversight and investigation of the use of force by police is an important part of earning the respect and trust of Aboriginal people and working toward a more equitable criminal justice system. PART II- STATEMENT OF POSITION 4. ALST submits that the Ontario Court Appeal decision was correct. The decision provides clarity that is necessary for the development of the law and upholds the administration of justice by striking a balance between the private interest of police officers and the public interest of accountability and a fully informed investigation. 5. ALST adopts the position of the Respondents Ruth Schaeffer, Evelyn Minty and Diane Pinder (hereinafter the "Families") on the main appeal and the Appellant Families on the cross-appeal, including their characterizations of "models" of access. We agree with the Families that the Ontario Court of Appeal created a workable model of communication between counsel and an officer involved. ALST supports "model 1" as set out by the Families in their Factum on Cross-Appeal. 6. We respectfully submit that the Court should take into account and consider the perspective of the Aboriginal community on the issues to be determined in light of the following: a) Aboriginal communities are over-policed and vulnerable to police negligence due to discrimination and various forms of racism,
Load more

Recommended publications
  • First Nation Observations and Perspectives on the Changing Climate in Ontario's Northern Boreal
    Lakehead University Knowledge Commons,http://knowledgecommons.lakeheadu.ca Electronic Theses and Dissertations Electronic Theses and Dissertations from 2009 2017 First Nation observations and perspectives on the changing climate in Ontario's Northern Boreal: forming bridges across the disappearing "Blue-Ice" (Kah-Oh-Shah-Whah-Skoh Siig Mii-Koom) Golden, Denise M. http://knowledgecommons.lakeheadu.ca/handle/2453/4202 Downloaded from Lakehead University, KnowledgeCommons First Nation Observations and Perspectives on the Changing Climate in Ontario’s Northern Boreal: Forming Bridges across the Disappearing “Blue-Ice” (Kah-Oh-Shah-Whah-Skoh Siig Mii-Koom). By Denise M. Golden Faculty of Natural Resources Management Lakehead University, Thunder Bay, Ontario A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Forest Sciences 2017 © i ABSTRACT Golden, Denise M. 2017. First Nation Observations and Perspectives on the Changing Climate in Ontario’s Northern Boreal: Forming Bridges Across the Disappearing “Blue-Ice” (Kah-Oh-Shah-Whah-Skoh Siig Mii-Koom). Ph.D. in Forest Sciences Thesis. Faculty of Natural Resources Management, Lakehead University, Thunder Bay, Ontario. 217 pp. Keywords: adaptation, boreal forests, climate change, cultural continuity, forest carbon, forest conservation, forest utilization, Indigenous knowledge, Indigenous peoples, participatory action research, sub-Arctic Forests can have significant potential to mitigate climate change. Conversely, climatic changes have significant potential to alter forest environments. Forest management options may well mitigate climate change. However, management decisions have direct and long-term consequences that will affect forest-based communities. The northern boreal forest in Ontario, Canada, in the sub-Arctic above the 51st parallel, is the territorial homeland of the Cree, Ojibwe, and Ojicree Nations.
    [Show full text]
  • THE ONTARIO CURRICULUM, GRADES 9 to 12 | First Nations, Métis, and Inuit Studies
    2019 REVISED The Ontario Curriculum Grades 9 to 12 First Nations, Métis, and Inuit Studies The Ontario Public Service endeavours to demonstrate leadership with respect to accessibility in Ontario. Our goal is to ensure that Ontario government services, products, and facilities are accessible to all our employees and to all members of the public we serve. This document, or the information that it contains, is available, on request, in alternative formats. Please forward all requests for alternative formats to ServiceOntario at 1-800-668-9938 (TTY: 1-800-268-7095). CONTENTS PREFACE 3 Secondary Schools for the Twenty-first Century � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �3 Supporting Students’ Well-being and Ability to Learn � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �3 INTRODUCTION 6 Vision and Goals of the First Nations, Métis, and Inuit Studies Curriculum � � � � � � � � � � � � � �6 The Importance of the First Nations, Métis, and Inuit Studies Curriculum � � � � � � � � � � � � � � �7 Citizenship Education in the First Nations, Métis, and Inuit Studies Curriculum � � � � � � � �10 Roles and Responsibilities in the First Nations, Métis, and Inuit Studies Program � � � � � � �12 THE PROGRAM IN FIRST NATIONS, MÉTIS, AND INUIT STUDIES 16 Overview of the Program � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �16 Curriculum Expectations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
    [Show full text]
  • Policing Aboriginal Protests and Confrontations: Some Policy Recommendations Edward J
    The International Indigenous Policy Journal Volume 3 | Issue 2 Article 1 August 2012 Policing Aboriginal Protests and Confrontations: Some Policy Recommendations Edward J. Hedican University of Guelph, [email protected] Recommended Citation Hedican, E. J. (2012). Policing Aboriginal Protests and Confrontations: Some Policy Recommendations. The International Indigenous Policy Journal, 3(2) . DOI: 10.18584/iipj.2012.3.2.1 This Policy is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in The International Indigenous Policy Journal by an authorized administrator of Scholarship@Western. For more information, please contact [email protected]. Policing Aboriginal Protests and Confrontations: Some Policy Recommendations Abstract This paper discusses the role of police forces in Aboriginal protests and confrontations. It takes as a case study the Report of the Ipperwash Inquiry, which was released on May 31, 2007. In 1995 Dudley George, a member of the Stoney Point First Nation, was shot by an Ontario Provincial Police officer during a protest at Ipperwash Provincial Park. Five recommendations are proposed in this paper to reduce the inherent tensions in such protests, focusing on methods of mediation and conflict resolution. In particular, it is proposed that during such protests a more extensive use be made of Aboriginal persons with training and skills in mediation and negotiations in order to improve communication between police and First Nations protesters. It is also evident that government officials need to become more actively involved in resolving land claims, especially before they become flashpoints for violence, and to remove such disputes from the realm of criminal activity to matters of civil litigation.
    [Show full text]
  • The Sioux- Métis Wars
    FALL 2007 ÉTIS OYAGEUR M THE PUBLICATION OFV THE MÉTIS NATION OF ONTARIO SINCE 1997 THE SIOUX- MÉTIS WARS NEW BOOK EXPLORES THIS LITTLE KNOWN CHAPTER OF MÉTIS HISTORY PAGE 27 SPECIAL SECTION AGA AT THE MÉTIS RENDEZVOUS 2007 Camden Connor McColl makes quite the Métis Voyageur atop his IT’S BACK TO THUNDER grandfather Vic Brunelle’s shoulders BAY FOR ANOTHER as the Georgian Bay Métis commu- GREAT MÉTIS NATION nity hosts the third annual Métis OF ONTARIO ASSEMBLY Rendezvous at the Lafontaine Parks PAGES 11- 22 and Recreation Centre, on Saturday September 29th, 2007. Check out BRENDA our next issue for more on this year’s POWLEY Rendezvous. INTERVIEW WITH A PROUD FIGHTER FOR MÉTIS RIGHTS. PAGE 9 MÉTIS FAMILIES LEARNING TOGETHER MNO INTRODUCES NEW LITERACY PROGRAM. PAGE 3 1785370 PHOTO: Scott Carpenter 2 MÉTIS VOYAGEUR Captain’s WEDDING BELLS OBITUARY Corner BY KEN SIMARD CAPTAIN OF THE HUNT, REG. 2 ATTENTION MÉTIS HUNTERS! Sahayma Many Métis Citizen harvesters Parker and Isaac Omenye are still have not reported their Marie-Claire Dorion-Dumont proud to announce the arrival of 29 November 1938 - 18 August 2007 harvest for the year 2006. their baby sister, Sahayma Orillia ——————— PLEASE DO SO NOW! This is Sarah, born on July 13, 2007, It is with deep sadness that the very important for our weighing 8 lbs. 1 oz. Proud par- We are happy to join Judi Trott in announcing the marriage of Melissa Dumont family announces the pass- records. Our negotiating ents are Kelly and George Cabezas to Mr Jason Button on March 9th, 2007.
    [Show full text]
  • The Migration of African Americans to the Canadian Football League During the 1950S: an Escape from Discrimination?
    IASE/NAASE Working Paper Series, Paper No. 07-13 The Migration of African Americans to the Canadian Football League during the 1950s: An Escape from Discrimination? Neil Longley†, Todd Crosset††, and Steve Jefferson††† June 2007 Abstract The institutional racial discrimination that existed in American professional team sports prior to World War II resulted in African American players effectively being barred from playing in the major professional leagues. Although the NFL color barrier did officially fall in 1946, to be quickly followed by the fall of the MLB color barrier one year later when Jackie Robinson made his debut for the Brooklyn Dodgers, these events were just the beginning of the struggles for African American athletes. Integration proceeded very slowly during the next two decades, and economists have shown that African Americans continued to suffer from a variety of forms of discriminatory treatment. However, it is the argument of this paper that the literature that examines discrimination during this era is incomplete, in that it ignores the experiences of a small, but relatively significant, group of African American football players who actually chose to leave their own country – and correspondingly leave the racially-charged environment of mid-20th century America – to head north to play professional football in the Canadian Football League (CFL). †Department of Sport Management, Isenberg School of Management, University of Massachusetts, Amherst, Massachusetts 01003, Phone (413): 545-5059, e-mail: [email protected] ††Department of Sport Management, Isenberg School of Management, University of Massachusetts, Amherst, Massachusetts 01003 †††Department of Sport Management, Isenberg School of Management, University of Massachusetts, Amherst, Massachusetts 01003 Beginning in 1946, a steady flow of African Americans began to migrate to the CFL which, at the time, was a legitimate competitor league to the NFL.
    [Show full text]
  • Understanding Ipperwash
    Treaties Matter Understanding Ipperwash Message from Chief Cloud Aannii From the Chippewas of Kettle and Stony Point, I am pleased to provide a brief report on the happenings in our community in relation to the Ipperwash file. First of all I would like to thank everyone in the Anishinabek Nation for your continued and on-going support for our communities of Wiikedong and Aazhoodena. We thank all the people who came out for our recent Gathering at the former Ipperwash Park on October 15 & 16, 2010. We organized this gathering to honour, thank and remember those strong ones that stood beside Dudley the night of the fatal shooting. At the Gathering, we announced that Dudley did not die in vain, for we have uncovered our ancestors’ remains in the former Ipperwash Park, through the archeological study. The study which is still on-going is being completed by Timmins Martelle Heritage Consultants Inc. whose lead archeologist is Brandy George, a member of our community. We also unveiled the monument in honour of Dudley, which was designed by his brother Pierre George-Mandoka. We shared and cried many tears as we listened to the stories of that fateful weekend in 1995. The support of Anishinabek Nation Grand Chief Patrick Madahbee and Deputy Grand Chief Glen Hare is sincerely appreciated. In relation to the former Ipperwash Park, the Resolution Team continues to meet to discuss items such as the archeological study, the environmental assessment, the official survey, third party interests and matters related to the transfer of the park to the Department of Indian Affairs, which will hold the lands in trust for our people.
    [Show full text]
  • Policing in Indigenous Communities
    K’ebąghą k’enįdehląh ghu rvUpXdWnB ᓴᐃᒻᒪᖃᑎᒌᓐᓂᖅ ulòqon, La pae rvUpXdWnB ᓴᐃᒻᒪᖃᑎᒌᓐᓂᖅ Skén:nen sZXUdWnB ᓴᐃᒻᒪᖃᑎᒌᓐᓂᖅ Skén:nen sZXUdWnB Wichozani sCRvWnB wantaqiaq Wichozani sCRvWnB wantaqiaq sCwfOlWnB suwau budehląh ghu sCwfOlWnB suwau budehląh ghu ᐃᓅᓯᕗᑦ RVnusuYMiyoopimatishihk ᐃᓅᓯᕗᑦRVnusuYMiyoopimatishihk Wodakota Wodakota La pae qvUpnXUdWnBSkén:nen La pae qvUpnXUdWnB sZXUdWnB Iakonhi:io sZXUdWnB Iakonhi:io K’ebąghą k’enįdehląh ghu K’ebąghą k’enįdehląh ghu K’ebąghą k’enįdehląh ghu La pae rvUpXdWnB ᓴᐃᒻᒪᖃᑎᒌᓐᓂᖅ ulòqon, La pae rvUpXdWnB ᓴᐃᒻᒪᖃᑎᒌᓐᓂᖅ Skén:nen sZXUdWnB ᓴᐃᒻᒪᖃᑎᒌᓐᓂᖅSkén:nen wantaqiaq Wichozani sCRvWnB wantaqiaq Wichozani sCwfOlWnB suwau budehląh ghu sCwfOlWnB suwau budehląh ghu Miyoopimatishihk ᐃᓅᓯᕗᑦ RVnusuY Miyoopimatishihk ᐃᓅᓯᕗᑦRVnusuY Wodakota Wodakota Skén:nen La pae qvUpnXUdWnBSkén:nen La pae qvUpnXUdWnB TOWARD PEACE, HARMONY, AND WELL-BEING: POLICING IN INDIGENOUS COMMUNITIES The Expert Panel on Policing in Indigenous Communities ASSESSING EVIDENCE INFORMING DECISIONS TOWARD PEACE, HARMONY, AND WELL-BEING: POLICING IN INDIGENOUS COMMUNITIES The Expert Panel on Policing in Indigenous Communities ii Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities THE COUNCIL OF CANADIAN ACADEMIES 180 Elgin Street, Suite 1401, Ottawa, ON, Canada K2P 2K3 Notice: The project that is the subject of this report was undertaken with the approval of the Board of Directors of the Council of Canadian Academies (CCA). Board members are drawn from the Royal Society of Canada (RSC), the Canadian Academy of Engineering (CAE), and the Canadian Academy of Health Sciences (CAHS), as well as from the general public. The members of the expert panel responsible for the report were selected by the CCA for their special competencies and with regard for appropriate balance. This report was prepared for the Government of Canada in response to a request from Public Safety Canada.
    [Show full text]
  • Ipperwash: Tragedy to Reconciliation Union of Ontario Indians Participation
    Ipperwash: Tragedy to Reconciliation Union of Ontario Indians Participation As the Kettle and Stony Point First Nation is a member of the Union of Ontario Indians, our involvement began very early in the dispute. On May 22, 1947, the UOI presented a letter from Chief Frank Bressette to parliament which brought the land dispute issue into the public eye. In the 1960’s and 1970’s, the UOI began to lobby on behalf of the Kettle and Stony Point First Nations, attracting increasing political and media attention. Prior to and during the occupation in 1995, the UOI’s role was to advocate with government and generate political support for the Stony Pointer’s land claim. The UOI provided moral support for the protesters during the crisis by collecting food. After the death of Dudley George, the UOI received many phone calls from different communities and organizations asking how they could help. Through the UOI’s political office, support was given in lobbying for an inquiry into George’s death in 1995. The goal of the UOI’s participation in the Inquiry was to develop grass roots recommendations that would lead to the building of healthy relationships between Anishinabek First Nation, government and police services. Consultations were held in 2005 at four different communities – Fort William First Nation, Garden River First Nation, Mnjikaning First Nation and Toronto. Topics included the relationship between police and First Nations people, relationship between police and government, and the interaction between the police and protestors. Three papers were commissioned by the UOI: Anishinabek Perspectives on Resolving Rights Based Issues and Land Claims in Ontario by Dwayne Nashkawa (August 30, 2005), Anishinabek Perspectives on Roundtable Forums that Support Issue Resolution by Fred Bellefeuille (August 30, 2005) and Anishinabek First Nations Relations with Police and Enforcement Agencies by Dwayne Nashkawa (August 30, 2005).
    [Show full text]
  • Aboriginal Peoples and the Criminal Justice System
    Aboriginal Peoples and the Criminal Justice System Jonathan Rudin∗ ∗ Opinions expressed are those of the author and do not necessarily reflect those of the Ipperwash Inquiry or the Commissioner. EXECUTIVE SUMMARY This paper, written for the Ipperwash Inquiry, deals with the relationship between Aboriginal people and the criminal justice system, with particular emphasis on the situation of Aboriginal people in Ontario. The paper argues that an understanding of the dynamics of this relationship helps explain the way in which attitudes and responses to events such as the occupation of Ipperwash Park can be understood. Further, unless changes are made in this relationship, similar responses from both Aboriginal and non-Aboriginal people can be expected. Aboriginal overrepresentation in the criminal justice system is one of the clearest markers of what the Supreme Court of Canada has referred to as “a crisis in the Canadian justice system.” Aboriginal overrepresentation is often thought of as a problem in western Canada but, in fact, Ontario ranks third in terms of overrepresentation across the country. Aboriginal youth are overrepresented in Ontario correctional facilities at a much higher rate than Aboriginal adults. While recent sentencing amendments and Supreme Court decisions have led to a lowering of the overall jail population, the drop in Aboriginal admissions is much smaller than that of non- Aboriginal admissions. This is true in both the adult and youth justice spheres. This suggests that overrepresentation will continue to be a problem for the years to come. In order to address this problem, it is first necessary to understand what the major causes of the problem are.
    [Show full text]
  • Treaty Relations As a Method of Resolving IP and Cultural Heritage Issues
    Treaty Relations as a Method of Resolving IP and Cultural Heritage Issues (An Intellectual Property Issues in Cultural Heritage Community-Based Initiative) Final Report By Siku Allooloo, Michael Asch, Aimée Craft, Rob Hancock, Marc Pinkoski, Neil Vallance, Allyshia West, and Kelsey Wrightson Michael Asch, Principal Investigator Department of Anthropology University of Victoria Victoria, BC V8W 3P5 October 2, 2014 2014 Attribution and Copyright Notice Choice of license (http://creativecommons.org/licenses/): CC- Attribution NonCommercial-NoDerivs CC BY-NC-ND This research was made possible, in part, through the support of the Intellectual Property Issues in Cultural Heritage (IPinCH) project, a Major Collaborative Research Initiative funded by the Social Sciences and Humanities Research Council of Canada. IPinCH explores the rights, values, and responsibilities associated with material culture, cultural knowledge and the practice of heritage research. www.sfu.ca/ipinch 1 ABSTRACT This case study examined the political relationship established between First Nations and Canada through historical treaties as a possible framework for the resolution of intellectual property and cultural heritage issues between Indigenous peoples and Canada with an expectation that the results might be of more general use. Based on a careful examination of published primary and secondary materials related to treaty negotiations in Central Ontario, the Prairies, the Northwest Territories and Vancouver Island in the 19th and early 20th centuries, the study applied
    [Show full text]
  • Researching and Asserting Aboriginal Rights in Rupert’S Land
    RESEARCHING AND ASSERTING ABORIGINAL RIGHTS IN RUPERT’S LAND JOHN STEWART MURDOCH Bachelor of Education, University of Saskatchewan, 1978 Master of Education, University of Manitoba, 1981 Doctor of Philosophy, University of Manitoba 1986 A Thesis Submitted to the School of Graduate Studies of the University of Lethbridge in Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS Department of Native American Studies University of Lethbridge LETHBRIDGE, ALBERTA, CANADA December, 2007 © John Stewart Murdoch 2007 ACKNOWLEDGEMENTS Without supervision appropriate to the Aboriginal world in which this thesis study’s innovations are to be applied, and without access to relevant legal expertise, achieving the aims of this study would have proven impossible. This author is very grateful to Leroy Little Bear for that supervision throughout this study. His timely comments and suggestions allowed the author to explore and innovate to a greater degree than would have been otherwise possible. Exploration and innovation, have throughout this study been prerequisite to accommodating an Aboriginal cognitive style and an Aboriginal customary legal style. Not only did this author benefit from Little Bear’s generosity, he also gained access to his peers. This author acknowledges the kind and advice of Kent McNeil, James Youngblood Henderson, John Borrows, Brian Slattery, and Mark Walters. Given the surprising discoveries of this study and their likely impact, the objectivity of my thesis study committee members, Shawn Bubel and Steve Ferzacca, in requiring pertinent and probative evidence within an appropriate framework, was essential to achieving the aims of this study. This author is also much indebted to Kathy Schrage for her patient support and rescue services when they were needed.
    [Show full text]
  • Montreal, Quebec
    MONTREAL, QUEBEC Montreal is the port city where their crossing of the Atlantic ended for many Lithuanians. So it is not surprising that the 1951 Canadian census indicates 3,438 Lithuanians in Montreal and 552 in the suburb of Verdun. Community leader Jonas Kardelis wrote in Lietuvių Enciklopedija (Lithuanian Encyclopaedia) that “Montreal’s Lithuanian community was established about 1900, but the exact date is unknown. Before 1901, no statistics were compiled about Lithuanians and later census figures lumped Lithuanians together with Hungarians and Moravians. It was only after 1921 that Lithuanians were listed separately… The first recorded Lithuanian family name is that of the Štarkas brothers, who arrived from Glasgow in 1902…The number of Lithuanians in Montreal increased after the 1905 revolution because many fled czarist repression…A Lithuanian émigré office was opened in Montreal, with a branch office in Kaunas.” Lithuanians established many organizations in Montreal from 1904 onwards: the Saint Anthony and Saint Paul Mutual Aid Society (established in 1904 and disbanded the following year); the Saint Casimir Mutual Aid Society (22 October 1905); a local chapter of the Lithuanians in America Union; Saint Casimir’s Parish (1907); the Vytautas the Great Society (1907); the Lithuanian Socialist Alliance (1908); the Birutė Mutual Aid Society (1909); Saint Ann’s Society (1911); Saint Elizabeth’s Society (1919); the newspaper Darbininkų Balsas (Voice of the Workers) (1932); a chapter of the Sons and Daughters of Lithuania Society (1928); the Lithuanian Canadian Council (1940). Later on the LCC and the Seimelis, an umbrella group for Montreal’s Lithuanian organizations, were established.
    [Show full text]