Eastern Door Volume 7 Number 7

Volume 7 Number 7

March 13, 1998

Jacobs Wins Human Rights Case
By: Kenneth Deer

A Canadian Human Rights Tribunal sided with Peter and Trudy Jacobs in their discrimination case against the Mohawk Council of Kahnawake.

The Jacobs' contended that the MCK discriminated "in the provision of services by refusing us benefits and privileges including residency, land allotment and land rights, housing, medication and dental privileges because of my race, colour, national or ethnic origin and family status in violation of section 5 of the Canadian Human Rights Act."

"I didn't want it to go this far," said Peter. "I asked the MCK to sit down and talk but they didn't want to. I hope it will end now and we can move on with our lives. I don't expect to get services from the MCK. They said in court that they will not follow the court's decision. I just hope that my kids are protected."

Peter was adopted at birth by two Mohawks, Vernon and Catherine Jacobs of Kahnawake, and lived his entire life here. He lost his Native status at the age of 21 according to regulations under the Indian Act, but he regained his status under the provisions of C-31 which state that all adoptees will recover their Native status. The MCK did not recognize his status under C-31.

In 1986 he married Trudy Jacobs. She lost her right to be on the Kahnawake membership list because, under the rules of the 1984 Mohawk Law, she married a non-Native. Trudy was denied the right to vote in 1990 and the couple was denied water and sewer and a housing loan.

The Human Rights Commission accepted the Jacobs' case in 1991 and appointed a lawyer to pursue the matter. Efforts to resolve the matter outside of a tribunal went to no avail. Eighteen days of hearings before the Tribunal began in 1995 and ended in November of 1997. There were 13 witnesses called, 71 exhibits and 2,828 pages of transcripts.

The Human Rights Tribunal was made up of Stanley Sadinsky, Q.C. and Lise Leduc, a member of the Commission. A third judge withdrew during the hearing stage but was not replaced.

In the 40-page judgment, the Tribunal did not accept all the remedy's sought by the lawyer for the Human Rights Commission representing the Jacobs, Ms. Helen Beck. However the Tribunal did make the following Order:

"We order that the MCK should cease and desist from committing act of discrimination against Peter and Trudy Jacobs and their children by refusing them access to the rights, benefits, privileges and services available to other members of the Mohawk community of Kahnawake and under its jurisdiction (except for the right to vote or hold office in MCK elections) as follows: bank number; residency; land allotment and land rights; housing assistance - loan, repair servicing or related services; welfare; education; burial; medicines; and tax privileges.

"By "access" we mean the right to be considered for those rights, benefits and privileges in accordance with the terms and conditions of the programs in place in the community."

MCK responds

The MCK released a written statement outlining their interpretation of the judgment. They reiterate that the Tribunal lacked the necessary legal jurisdiction to hear and decide the matter. The MCK consistently maintained and continues to assert that the right to determine membership belongs to the community of Kahnawake and should not be the subject of litigation before an administrative tribunal.

With regard to the substance of the decision, the MCK noted that the Tribunal "rejected entirely" the argument advance by Jacobs and the Commission that the 1981 Moratorium and 1984 Membership Law were not applied in good faith and held that "In our view, there were no ulterior or extraneous reasons for applying the criteria (Membership Law) and there was certainly no intent to 'get even with the Jacobs' or single them out for any special adverse treatment."

More important, the Tribunal accepted "that there is some basis for determining membership by considering blood lineage and blood quantum" although they were not satisfied that this criteria should be applied to non-Indian persons who were adopted in infancy and raised by Mohawks. It is significant that the Tribunal does not feel that blood quantum criteria necessarily violates the Canadian Human Rights Act.

The MCK evaluation goes on to say that the Tribunal does not purport to decide the question of the Jacobs' membership in the community of Kahnawake. In fact, it stresses that these questions are for the community to decide. The judgment states:

"...Acceptability within a community is a matter for the mind, the soul and the spirit and is not the subject of Orders. No matter what we might do, we cannot "make" Peter and Trudy members of this community - only the community can do that."

With regard to the "remedies" granted by the Tribunal, it should be noted that the MCK is not ordered to provide the Jacobs' any particular service. The decision provides that the MCK "should" not refuse the Jacobs' the "right to be considered" for certain rights, benefits and privileges " in accordance with the terms and conditions of the programs in place in the community."

The MCK states that it has never refused to consider an application for any particular benefit in accordance with the terms and conditions of existing programs. The MCK states that it is unclear what, if any, impact this "order" will have on MCK's operations.

Not allowed to vote

The MCK notes, also, that the Tribunal specifically held that, given that they do not meet the criteria of the Kahnawake Election Regulations, Peter and Trudy have no right to vote or hold office in MCK elections.

(The Tribunal did say that Trudy's right to vote was violated in 1990 when the election process came under the Indian Act regulations. The new elections regulations, which came into effect in 1992, and recognized by the Federal government, is beyond the scope of the Tribunal.)

New Membership Code

According to Chief Myrtle Bush, this court case has very little impact because the community is developing a new Membership Code.

"We are not terribly upset. The judgment doesn't really change anything in the community. It only has implications for nonnative adoptees and there are not many in that situation," said Bush.

She also states that she doesn't think this decision will have any affect on the other membership cases before the courts.

"We are working on a new code that will hopefully satisfy the entire community. When it gets community approval we will live by it. If the members of the community accept Peter, Trudy and their family as Mohawks of Kahnawake then so be it," said Bush.

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Protest O/K
Group organizing demonstration against Oaxaca deal
By: Kenneth Deer

There will be a public demonstration on Monday, March 16, against the signing of the Oaxaca-Kahnawake trade agreement. Organizers expect people from as far away as Ottawa will be here to lend their support.

John Goodleaf, one of the organizers, said that they want to give a message to the Mohawk Council of Kahnawake that they are very concerned about the Indigenous Peoples of Mexico and to show the Indigenous Peoples there that we care about their situation.

"We want to have a non-violent, non-confrontational demonstration that will express our concerns in a quiet and respectful manner," said Goodleaf.

Other organizers of the event are Sonny Joe Cross, Selma Delisle and Violet Goodleaf.

In order to help keep the protest in a respectful mood, a drum group for Ottawa called Big Stone, who were the host drum at the Winter Powwow, will accompany the march. As well, the Sweet Grass Singers will add their talents to the event.

Elders from Ottawa and different support groups from Montreal are expected to attend. There will be a bus from the Montreal Friendship Center leaving at 9:00 a.m. to transport supporters to Kahnawake.

The demonstration will begin at the Knights of Columbus parking lot at 10:00 a.m. with a tobacco burning ceremony. The protesters will then march east along the Old Malone Highway, turn down by the Peacekeepers along the River Road, and turn up towards Rabaska at the Hospital. At Rabaska, the march will turn left down the Old Malone Highway and end at the Mohawk Council of Kahnawake offices.

Not all the details have been finalized but at this point in the demonstration it is expected that various speakers will address the crowd. There will be a moment of silence for the Indigenous people who were killed in Chiapas last December 22.

The Mohawk Council of Kahnawake has been notified that the demonstration is taking place and they are expected to respond.

There will be a lunch afterwards for all the guests who will be coming from Montreal, Ottawa and other areas at the Four Corners Restaurant located at the Jacobs Center. They will be served cornbread and fry-bread.

On Talkshow

Today on the Noon Talkshow, K103 has offered to split the talkshow between the organizers of the protest and the promoters of Project O/K.

First on will be Arnold Goodleaf and possibly Andrew Delisle Sr., co-ordinator of Project O/K, who will be on to give their explanation of the project for 20 minutes.

Arnold Goodleaf states that there is some misinformation of Project O/K and they will be there to bring people up-to-date.

Next on will be John Goodleaf, Maranda Oritez, who is from Mexico and lived in Chiapas for a couple of years, and Christine Norget, a professor at Concordia, who will be discussing the situation in Mexico.

"We will be encouraging people to become more aware of the plight of the Indigenous Peoples living in Chiapas and Oaxaca. People should read "Lawlessness in Oaxaca" to see what it's like there," said Goodleaf.

Project OK

At the current time, the agreement between Kahnawake and the Indigenous Peoples of Oaxaca is being revised. Although Canada was not going to sign the agreement, Canada was not going to give support to an agreement with the word convention in the title. The word has international law implications and Canada could cause problems in the implementation of such an agreement.

Also, Foreign Affairs Canada were concerned that it would look like favouritism if it supported this agreement 100 percent while other Native organizations in Canada were seeking the same kind of agreements.

Instead, the MCK is considering a Memorandum of Understanding (MOU) or a letter of intent with the Indigenous People of Oaxaca which will still encompass the basic elements of the original convention. Canada and Mexico will not be signing partners or witnesses to this MOU.

The Indigenous Peoples in Oaxaca are looking to Kahnawake to market their products like coffee. There is an organization of Indigenous coffee growers with 20,000 family based coffee growers who are looking for partners to market their crop.

Also, the food company Dole has practically a monopoly on pineapple canning in Mexico. Oaxaca is looking for a cannery for trade with Indigenous Peoples.

Other Indigenous organizations are already in Mexico doing trade. For instance the International Indian Treaty Council has an International Trading Company who are working in Chiapas with coffee growers and planning to build a coffee roaster down there.

Indigenous people from Oaxaca will be in Montreal at a trade show from March 20 to 23 and may visit Kahnawake.

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Editorial

Onondaga: The Central Fire
By: Kenneth Deer, The Eastern Door

The demolishing of the four smoke shops in Onondaga last week would not have caused such a controversy, had it been in any other community. But because Onondaga is supposed to be the central fire of the Confederacy and has tried to set itself apart as the only functioning community totally under a traditional government, the incident has cast a pall over the Six Nations.

Some people have difficulty in understanding how a situation can be allowed to deteriorate to such a degree by the Onondaga Chiefs who are well known for preaching the ways of peace and non-violence. It would seem that the message of peace that the Peacemaker gave to us has been lost in the events that led up to the destruction of the buildings.

This is not to say that they do not have the authority to carry out such an action. As the governing body in Onondaga, the Nation Council has the responsibility to enforce its own laws. A government is only as strong as the laws it can enforce. What is being questioned is the wisdom of the action.

And the smoke shop owners are not beyond criticism either. Their actions, in defiance of the Onondaga Nation Council, was bound to end up in confrontation. It happened in 1993 and now again in 1998.

They may have had a legitimate complaint back in 1987-88 when some of them stopped paying dividends to the Nation Council, claiming that there was not adequate accountability for the large sums of money the nation was receiving. But the continued refusal to abide by the laws of the Onondaga Nation has led to a situation where the bringing down of the Nation Council at any cost seems to be the goal. In this manner the very foundation of the peace is threatened.

By offering individuals dividends from the Peoples Smoke Shops, are they trying to buy the hearts and minds of the people? And too what end? If people want change in the government of Onondaga, this is not the way to go about it in a traditional society.

The lines are being drawn between those who support traditional government at any cost and those who want to change traditional government at any cost.

The bitterness between the two groups has turned into a chasm. There is very little or no middle ground.

For those of us from the outside, it is important that we don't take sides in this conflict if we are to be of any help in reconciling the two sides. We must make sure that the spirit and intent of the Great Law is upheld. Choosing one side over the other may not be the solution but may only add to the tension.

The Great Law allows for conflict resolution in these situations, and the Onondagas have an opportunity to demonstrate how this would work rather than just brute strength on either side.

Everyone is watching.

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Comics

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