Volume 1 No. 10
June 5, 1992
KAHNAWAKE MOHAWK TERRITORY
Volume 1 No. 10
June 5, 1992
KAHNAWAKE MOHAWK TERRITORY
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As many people may already know, Frank Melvin Jacobs, his son-in-law Peter Jacobs and Peter Rice are applying to the Régie des permis d'alcool du Québec for permits to sell alcohol in Kahnawake. According to the Mohawk council of Kahnawake (MCK), the applications are in direct violation of the intoxicant by-law in place in Kahnawake since August 12th, 1987. On another level, the applications to a provincial entity constitute a serious challenge to MCK jurisdiction in Kahnawake Territory.
Strong differences of opinion between both sides arise from different interpretations of the validity of the by-law. Frank Melvin Jacobs contends that the by-law is not legal, as the Indian Act, section 85.1(2) "...was not adhered to." Sub-section 85 1(2) of the Indian Act states: "A By-law may not be made under this section unless it is first assented to by a majority of the electors of the band who voted at a special meeting of the band called by The Council of the Band for the purpose of considering the by-law." Melvin Jacobs contends that the conditions of a "special meeting", a "vote" and a "majority" were never met.
The MCK position, presented to The Eastern Door by Executive Director John "Bud" Morris, is that the issue of alcohol sales has been dealt with by the people. "The community had specific knowledge of what they were asked to decide," stated Morris. As for a majority, a decision was made at a "..reasonably well attended meeting," continued Morris.
The community's viewpoint on this matter was also expressed "...quite clearly on who should be able to authorize the sale, supply or manufacture of intoxicants here in Kahnawake; and it's certainly not the province," added Morris. In a survey taken July 5th, 1986, 605 out of 610 respondents said questions of alcohol control should be decided by the people of Kahnawake. Five said it should be the province.
Another community survey dated January 20, 1989 resulted in a 71-42 vote against grocery stores being allowed to sell alcohol in Kahnawake. Another survey resulted in an 83-29 vote against other small businesses being allowed to sellalcohol. Executive Director Morris described the procedure for applying for permission to sell alcohol in Kahnawake. Permission requires a letter to the MCK and presentation at a public meeting. In all cases, the final say on these matters is vested in the people.
Melvin Jacobs feels justified in dealing with the province. He said that he is not jeopardizing the jurisdiction of this community, because people are required to get drivers licenses and registrations from Quebec. He also referred to Medicare and the use of Quebec courts as other examples of provincial programs within our territory.
Executive Director Morris, explained that this type of by-law is "...not comparable to license plates." It is a different type of legislation. Above all, the main difference in these issues is that Kahnawake has no mechanism for issuing drivers' licenses, etc., whereas the MCK does have an intoxicant by-law. As such, the question of jurisdictional integrity becomes a real and very serious issue. Dealing with the province when there is no Kahnawake law in place is not the same as challenging a file of jurisdiction which the Mohawk Council of Kahnawake occupies. The intoxicant by-laws fall under this category stated Morris.
Melvin Jacobs explained that his application to the Régie was "...only for a tax number." Mr. Morris stated that, "The Régie d'alcool does not issue tax numbers. The Minister of Revenue issues tax numbers."
A side issue in the case is that Melvin Jacobs, in his application, used pictures of Saylor's Market to show evidence of his "grocery store" operation. Jacobs admitted to making arrangements to do this, with Clarence Saylor and someone from the Régie. Mr. Jacobs explained that this was done to avoid the investment of turning his restaurant building into a grocery store, without a guarantee that he was going to get an alcohol permit. Once he obtained a permit to sell alcohol, he would then make the changes. In a letter from Nicole Filion (an attorney representing the liquor commission) to the Régie des permis d'alcool, Filion requested that the Régie re-open their inquiry into the request. Filion cites that, "...misleading representations (the pictures) were committed by the applicant."
As for Peter Rice's application to the Régie, Rice has two main issues to present. First, he said he was "...only trying to salvage that building." Rice was referring to the Seneca building on Old Chateauguay Road. He said that he wanted to turn it inot a catering hall, but Indian Affairs would not provide a loan, nor could he get insurance without a proper permit.
Secondly, Rice stated that the council was sending 'mixed signals', because they opened a 'bar' inside the arena without the people's consent. He explained that if they can do this, he should also be able to sell alcohol. Chief Walter Goodleaf said that the arena was licensed under the Mohawk intoxicant by-law for special events. The arena is not a bar on a regular basis. Under section 6 of the MCK by-law, popular consent is not required for permission to sell alcohol for special events. Rice said he would withdraw his application to the Régie, if he could sell the building.
The trial for the TC 39 are in the time between the Crown's case and the presentation of the Defense's evidence. Arguments made before the courts are essentially dealing with the admissibility of the last of the Crown's evidence which is the letters requesting the Army's aid by the former Public Security Minister Sam Elkas. Owen Young's motion to dismiss charges due to the unconstitutionality of the National Defense Act will also be heard.
On Thursday, June 4th, the Crown presented Mr. John McKenna who identified himself as the Chief of Staff to Mr. Elkas' Ministry of Transport and Chief of Staff of the Minister of Public Security at the time of the Crisis. He testified that he personally witnessed that the then Minister of Public Security, Mr. Elkas, did sign the request for assistance from the Army following procedures outlined in the National Defense Act. Defense argued that under the Canada Evidence Act, the letter of August 6, 1990 was heresay and not admissible without Mr. Elkas' testimony. Judge Tannenbaum ruled that the fact sought was that the Army was requested and the evidence will be admitted. The body of the letter will be edited to remove any reference to conjecture by the Minister in the body of the letter. The evidence was entered before the jury and the jury was dismissed until Tuesday, June 9th.
Owen Young, representing 5 of the accused, put off arguing his motion on the National Defense Act until the following day while his co-counsel Julio Peris argued on behalf of the 5 on the issue of a directed verdict.
Mr. Peris argued that the judge should direct a verdict of acquittal for Georgina Michell, Sandra Deer, Larry Thompson, Richard Two-Axe and Kahentinetha Horn due to lack of evidence and in the case of Two-Axe and Horn in regards to rioting and obstruction that they were merely present. Several criminal cases were cited to illustrate the argument put forth from a criminal jurisdictional point of view. That they were just innocent bystanders. Crown Prosecutor Boyer conceded to the dropping of charges against Michell and Deer and in the case of Two-Axe and Thompson, the weapons charges should be dropped but they must stand for the rioting and the obstruction charges. Mr. Boyer cited the viewing of Larry Thompson in a film on the 26th of September. Peris insisted on seeing the film showing Thompson being dragged across Highway 344 by the Military. Peris stated that it did not prove that he was inside the perimeter, that the Crown did not show there was "evidence of a common purpose" (in participating in a riot).
The judge would rule on the matter on June 9th. Owen Young's motion to be heard on Friday, June 5th, is also expected to be ruled on June 9th when the defense will start presentation of their case.
The theme of this noon hour-long broadcast must surely be "The Show Must Go On". In spite of difficulties over the years such as financial problems, lack of personnel, power shortages and the summer of 1990, it has been a feature of our radio station since day one, even keeping the same theme song. Whether you love the show or not, people in our community seem to thrive on it; with "politics" being the "hottest" subject for discussion.
Hosts such as Conway Jocks, Patty Mayo, Frank Natawe, Joe Delaronde, Randy John Goodleaf, Natalie Foote-Norton, Dave Bush and until recently, James "Java" Jacobs, have all come and gone over the years. Each has left their mark on the show. Everyone will remember Nat as the "most listened to hostess" during the crisis of the summer of 1990.
The present host is Joe Delaronde, who also serves as station manager. Joe takes over the position, one that he has filled off and on for several years now, from James "Java" Jacobs. James "Java" held the position on an interim basis, due to the retirement of Conway Jocks. Joe is also the host of another program, "Earth Songs," which airs Friday night from 6:30 to 7:00.
Joe Delaronde has said he does not plan to change the format of the "Talk Show". The only changes will be to improve the show with more guests and a wider range of topics to be discussed. Laurie Jacobs has been hired as the producer of the show. Her responsibilities are to book guests and approve topics.
Radio Bits
Conway was honored by the staff recently with a surprise retirement part held at the Golf Club in Kahnawake. He is nevertheless still active at the station. Conway continues to host "The Riverside Dance Land," Fridays from 7:00 to 8:00 p.m. Everyone wishes him a happy retirement. We know he will keep himself busy with other pursuits he has been thinking of for several years.
In the works are plans to add new touches to the over-all programming of the station, with perhaps a feature such as "Indian News of the Week", scheduled for Friday mornings. This addition will feature news concerning Indian people and issues from around the country.
Another recent appointment to the station is that of Dave Bush, as program director. Dave has been active at the station for several years now and perhaps is best remembered as "Doctor Dave Bush" and his "Dead Plastic Society". We know he will continue to be an asset to the station.
Dear Mr. Johnson,
Having read your column "Identity Check", May 30th, 1992, in which you question the inherent right to self-government and ask what is aboriginal identity then proceed to question our culture, perhaps it would be best if you conducted an identity check on yourself first before trying to understand us.
You begin by attacking the poor state of our languages in many of our Nations. Let me remind you that it is your government, religions and ethnocentric culture that deliberately set out to destroy our languages. From the time of contact you considered us primitive and what you couldn't change you tried to destroy. Your intolerance for other languages and cultures endures today with the country of Canada on the verge of breaking up because of such a lack of tolerance.
Our languages are as important to us as French and English are to you. Your right to use your language is no greater or no less than our right to use ours. Numbers are not at issue here. If there are 35 speakers left of a certain language every effort must be made to save that language. A language is linked to our culture which is linked to our identity which is linked to our pride in ourselves. Without pride we become an aimless, lost people. If Indigenous Nations want to make their languages 'official languages' to prevent disintegration than they should be supported. Questioning that right is just modern colonialism.
You question our ties to the land. We look at land in a holistic way. We believe the Creator placed us here to be caretakers of Mother Earth so we have a spiritual attachment as well as a material interest. We believe it should be cared for and shared, not used as a commodity to be bought or sold or laid to waste.
You agree at least that the Europeans unjustly displaced Native Peoples from their lands but you say we were always warring among ourselves over land before you came. Well, we have been watching you for 500 years and you are the most warlike people we've ever seen. You people fight wars all over the world. One monarch gets mad at another way over in Europe and you drag us into the war over here in North America. You fight two World Wars and an oil fire in the Persian Gulf then you call us warlike because we defend a graveyard?
Canada (and the U.S. for that matter) owes us just reparations for our homelands which you occupy. It may seem a little expensive but look at all the wealth you have gotten from our land. In regards to any dispute between indigenous Nations over territory, that will be settled among ourselves.
Next you question some of our traditions and you use the example of the Six Nations community in Ontario as an example of conflict between the traditional system of Chiefs and the elected system. You piously omit the constitution of the Iroquois Confederacy which predates European contact and brought peace to many warring Nations. The Constitution was studied for its democratic principles by the writers of the American Constitution who only knew about monarchies. You also omit the imprisonment of our traditional Chiefs while the 'elected' system was imposed on the people. That is when the conflict started. We are left to deal with the results of your colonial system and, judging from your comments, colonialism is alive and well.
You say that if our ancestors came back they would not recognize us because of the way we dress, our dwellings, etc. Well I suppose if John A. MacDonald were to meet you today he would wonder at your dress, your language, and if you told him you just flew in from England he'd arrange a stay for you in an asylum.
Mr. Williams, your culture is constantly changing yet you remain Canadian. Our culture changes too. All cultures change. Some slowly. Others quickly. It is the ability to adjust to changing situations that make people survivors.
The Mohawks of Kahnawake have lived next to Montreal for all of its 350 years but even though we have been rubbing shoulders all this time, we still have our language, customs and traditions. We survive because we have a very strong belief in our identity. The Mohawks have their own Constitution. a land base, a population, the ability to make and inforce laws, and the ability to make agreements with other Nations. These are all the basic components of a nation-state.
So, Mr. Williams, if you do not like the term "inherent right to self-government' let's talk about what we really have a right to and what you and your ancestors have been denying us--The Right To Self-Determination.
Kahnawake boxer Ben Pinnsonneault captures the Quebec Junior Golden Gloves Championship in decisive fashion on May 23rd in Drummonville. Pinnsonneault racked his opponent, Nori Bruno, with a devastating body shor for a first round TKO and the right to go the the box-offs for the Canadian Junior team in September.
A 17 year old graduating student at Kahnawake Survival School coached by Dave Campanelli at the Plaza Olympic Boxing Club, Ben is fast making a name for himself in local boxing circles.
Knowing nothing about his opponent, Ben started off feeling out his oppnent. After a short time, he began to feel that he was faster and could take out Bruno. Taking the advice of his coach to "always stay on top of him", he began throwing combinations of punches, which took a toll on Bruno. Finally he landed the decisive left hook which sent his opponent reeling and forced the referee to step in and end the bout.
Obviously happy with having won this prestigious championship, Pennsonneault is now setting his sights on bigger and more ambitious goals. He plans to keep training hard this summer in preparation for the box-offs in the fall. If he is successful there, he could find himself doing some travelling of an international nature.
Ben hopes that maybe a fight this summer in Kahnawake can be arranged. Many boxing fans in the area would weldome that announcement and a chance to see this promising talent up close.
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