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31 Appeal Decision Overturned Ken Ward's Ongoing Column About Living with by Rob Mckinley Appeal Threw out a 1995 Judge- a Constitutional Challenge

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31 Appeal Decision Overturned Ken Ward's Ongoing Column About Living with by Rob Mckinley Appeal Threw out a 1995 Judge- a Constitutional Challenge LIBRARY AND ARCHIVES CANADA B DI o had Ar hives Canada III I II WHAT'S INSIDE 7 QUOTABLE QUOTE "Mr. Irwin has done a lot to change the face of Indian Affairs and Northern Develop- ment over the last speakér three -and -a -half years. It's not like we're starting from a July 1997 Canada's National Aboriginal News Source Volume I5 No. 3 standstill with the recommendations of Bearwalker defence RCAP. It is a beacon for the future and I successful at trial view it that way." By David Stapleton prove beyond a reasonable doubt - New Indian Windspeaker Contributor that Thompson was not the ag- Affairs Minister gressor. GORE BAY, Ont. "I accept the evidence on Na- Jane Stewart. tive spirituality as being a sin- In a precedent for Canada's jus- cerely held belief," said Trainor. a Manitoulin Island, ManyAboriginal beliefs would tice system, A WALLOP Ont. man stands acquitted of a be foreign to some Canadians, he PACKING manslaughter charge based on added. his belief he defended himself Trainor indicated he accepted Windspeaker had so from a bearwalker. Jacko's belief in bearwalkers be- much news to share with Leon Jacko, 21, of cause Thompson had been learn- Gavin its readers we had a dif- Sheguiandah First Nation was ing traditional Aboriginal medi- charged with the 1995 slaying of cines and witchcraft, and had ficult time fitting all of his great -uncle Ronald Wilfred boasted of having bearwalker this information into just Thompson, 45, also of power. one issue. Sheguiandah. Justice Richard Jacko was charged after Trainor of Ontario's general di- Thompson's half- naked, battered vision court ruled on May 29 in body was found the evening of Check out our stories Gore Bay that Jacko's slaying of June 30, 1995 face down in a on: Thompson was not an act of ag- blood -spattered clearing outside gression, but self-defense to pro- a truck camper behind Jacko's tect himself and others from the house. He had been beaten to the students that were bearwalker. death inside the camper with a trapped on an ice floe In Ojibway spiritual tradition, 45 cm- (18 inch) long, 7 cm- (three near Baffin Island on a bearwalker spirit is a devil inch) wide walrus baculum or called from the wilderness by an penis bone found in the drive- page 3; evil person or witch. It enters the way of Jacko's home. individual's soul and often im- Ontario Provincial Police Sgt. the emotional testi- bear and Ted Gianinni testified the bone personates the sacred fa- claims invulnerability. was very dense and resembled a mony of a grieving The person usually practices child's baseball bat. Walrus bone ther who spoke at the black magic or "bad" medicine. is used by northern Native carv- fatality inquiry into his Some believe bearwalkers pos- ers and apparently was collected son's death on page 10; sess malevolent power and use by a housemate of Jacko's dur- it to cause misfortune, sickness ing a trip to northern Canada. and untimely death. Police Const. Dave Goodwin and Ojibway spiritual tradition testified that Jacko said says bearwalkers can become Thompson got crazy on wine and what Katie Rich, the various animals and even appear wanted to fight. Jacko blamed as a ball of fire. Published ac- Thompson's death on a fight president of the Innu counts of the phenomenon indi- sparked by heavy drinking, Nation wants to see hap- cate it can only be stopped by kill- Goodwin added pen with the Cabot 500 ing the bearwalker. Jacko's defence attorney, Trainor said the Crown failed Sudbury lawyer Berk Keaney, celebrations. to prove Jacko was not afraid of said he expected the court to find KENNETH WILUAMS death or serious injury by for self- defence, based on Jacko's Also featured in this is- Thompson. The judge blamed belief Thompson had extraordi- sue are: Dancers down under! the struggle on Thompson who nary power to do serious harm, was described as having a violent was a bearwalker or evil spirit, A member of the Australian Aboriginal dance troupe, temper when drunk. Jacko was and that Jacko believed he was Drew Hayden Taylor's re- Doonooch Dancers, electrifies the crowd at the Second described as shy, mild- mannered involved in a life- and -death flections on the federal Annual Aboriginal Film Awards. The awards night was part - struggle with the and non violent. demonic spirit election on page 9; of the Sixth Annual Dreamspeakers Festival held in Trainor told a hushed court when Thompson died. Edmonton May 26 to June 1. that the Crown also failed to (see Bearwalker defence page 5.) and C -31 appeal decision overturned Ken Ward's ongoing column about living with By Rob McKinley Appeal threw out a 1995 judge- a Constitutional challenge. to any other citizen of Canada." HIV /AIDS on page 19. Windspeaker Staff Writer ment by Judge E Muldoon that Walter Twinn, Sawridge First Arthur Littlechild, the acting ruled against the Sawridge, Tsuu Nation chief and Canadian sena- EDMONTON chief of the Ermineskin First Na- T'ina and Ermineskin First Na- tor, has been waiting almost three tion said the recent ruling proves tions and in favor of upholding years for someone to overturn that Aboriginal people in his It was a big day for the three Bill C -31. Muldoon ruled the Muldoon's ruling, which Twinn community "were not being 'L. where applicable Alberta First Nations PUBLICATION MAIL REGISTRATION x2177 that have bases for court action against the described as "insulting" and treated fairly." POSTAGE PAID AT EDMONTON been fighting bill was unfounded, but the court "without merit." Twinn said the In a similar statement, band Bill C -31, the of appeal found Muldoon's nLl- news is bitter -sweet, because the councillor Albert Crowchild IAD DEADLINES ,, 1985 govern- ing to be suspect and labeled the court of appeal decision was from the Tsuu T'ina Nation said , ment law that judge's findings as "biased." based on bias. the court appeal process and rul- The advertising returned M treaty At a June 5 press conference, "We can rejoice. We are very ing was "an insult to our Elders." deadline for the '' status to thou - representatives from the bands happy with winning the appeal, With the latest court victory, ó sands of Native expressed their pleasure at the but sad that it was based on bias," Crowchild said hi s community can August 1997 issue is people. overturned decision. They said he said from the posh conference now "go forward and get the fair Thursday, On June 3, the they were eager to again take the room at Edmonton's Petroleum treatment for what we are seeking." July 10, 1997. Federal Court of matter to court and fight C -31 in Club. "I hope it never happens (see Bands gear up page 4.) July 1997 Page 2 WINDSPEAKER July 1997 EMMA -4-1-m= Highest court asked to rule on land title Work h, By Paul Barnsley longest- running land claim trial given to that title would be as United Nations Human Rights negotiate separate settlements. Windspeaker Staff Writer in the history of the Common- the result of negotiations." Commission as "unfortunate," But provincial negotiators aban- Atlantic wealth. George said British Colum- "ethnocentric" and "one- doned the talks with the Gitxsan OTTAWA It could be as long as two bia's treaty process is a game sided." in 1996, saying "no progress By J.J. Bear years before the court hands rigged in favor of the province "At the B.C. Court of Appeal, was being made." Windspeaker Contributor The Wet'suwet'en and down its decision, but heredi- and the federal government. If the court upheld McEachern on The Gitxsan then decided to Gitxsan hereditary chiefs say tary Wet'suwet'en Chief Herb the Supreme Court agrees that the issue of the kind of interest renew its court challenge. The SAINT JOHN, t they have been forced to seek a George believes that several re- Aboriginal title to land is legiti- that we had in the land. When Wet'suwet'en - as co- appel- Supreme Court of Canada rul- cent Supreme Court of Canada mate under the rule of law, he we first went to trial we said we lants - found itself reluc- The New Brunswick govt to court de- ing in order to be treated as decisions indicate the time may said, then the hereditary chiefs owned the land and, of course, tantly going back ment's plans to build a S equal partners in land claim ne- be right for an enormously im- can return to the table as equal that caused all kinds of prob- spite the fact that its negotia- million twin highway bete, gotiations with British Colum- portant legal breakthrough in partners. lems in court because when they tions had produced some Fredericton and Moncton bia and Canada. the area of Aboriginal land "The whole issue of Aborigi- heard us saying we owned the progress. At that point, the been halted due to the dis After hitting every step in Brit- rights. A decision in favor of the nal title was totally disregarded land, they heard us saying fee federal government broke off ery of an Aboriginal burial ish Columbia's judicial ladder Aboriginal appellants will cre- when British Columbia entered simple. But the court of appeal talks with the Wet'suwet'en, in Gemseg. and securing only a partial vic- ate a new legal test for deter- Confederation and it's been ruled that our rights couldn't be saying it is federal policy not Red ochre, commonly a tory in their quest to gain Cana- mining Aboriginal land title.
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