Volume 1 No. 2
February 14, 1992
KAHNAWAKE MOHAWK TERRITORY
Volume 1 No. 2
February 14, 1992
KAHNAWAKE MOHAWK TERRITORY
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In a brief appearance before Justice Tannenbaum, Crown Prosecutor Jean-Pierre Boyer notified the court that as "duly instructed by the Attorney General for the Province of Quebec, (he) directs the clerk of the court to make an entry on the record that the proceedings are stayed on counts number 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 23, 24, 25, 26, 27 and 28 of the indictment".
Jury selection is scheduled to begin on March 2nd at Superior Court in Montreal and should the remaining thirty-nine defendants chose to appear they will be facing charges of rioting and obstruction. In addition, the men are facing weapons charges. Assault charges against Loran Thompson and Joe Deom also remain. All charges stem from the ending of the stand-off at the Treatment Center (TC) in Kanehsatake when the last holdouts of the 78 day siege decided to leave on September 26th, 1990. Charges dropped were one weapons charge, two death threat charges and thirteen assault charges. All charges were based on complaints by Canadian Army personnel.
To recap the latest developments in the case, on January 28th, Richard Corriveau, attorney for the majority of the defendants, argued a motion in front of chief Justice Joncas to dismiss all charges due to procedural irregularities. Justice Joncas deferred the decision to presiding Justice Tannenbaum of January 31st. Tannenbaum ruled that previous motions granted by the court permitted the defendants to be absent during preliminary motions and that the motion is denied because the requirement for the defendants to be present for announcements of new court dates were waived. In the meantime, Owen Young, representing 13 of the accused, was granted permission to withdraw. Ten have chosen to be represented by Corriveau, Sandra Deer is seeking Legal Aid and Kahntinetha Horn and Shirley Scott have decided to represent themselves.
The Coroner's Inquest into the death of Cpl. Lemay has been postponed by the Chief Coroner because we are told, the proceedings would have been delayed through injunction by Justice Tannenbaum anyway. There was no need for the accused to decide whether or not the inquest should continue.
In other developments, in the case of Ronald Cross and Gordon Lazore, arguments in the pre-sentencing hearings were completed on February 6th and Justice Greenberg will pronounce sentence on February 19th. Cross and Lazore have been transferred to the detention centre at Parthenais in Montreal. Owen Young and Julio Peris have stated that they will not become involved in any of the appeals the defendants may lodge in either the convictions or the sentences. Friends of Cross and Lazore are seeking counsel on their behalf.
Harvey Nicholas of Kanehsatake was sentenced to one year for being convicted on a weapons charge stemming from the 1990 crisis. The crown is appealing the sentence and wants the sentence increased to at least eight years. The appeal will be heard next week, February 17th. All other court proceedings have been scheduled to resume after the trial of the "TC 40" has been concluded.
Six year old, Lee Doxtator has spent more than six months at the McMaster University Medical Center, suffering from an inoperable brain tumor. Recently, Lee returned home to his family's townhouse on Hamilton Mountain. The boy, who is unable even to speak, requires a tracheotomy tube to breathe as well as a feeding tube. His mother, Vicki Doxtator, has been trained to operate all the medical equipment and to care for her son. This includes changing his tubes and administering physiotherapy twice daily.
Vicki Coxtator, formerly Vicki Montour is the daughter of Kahnawake residents, Bernice Diabo and Roy Montour; she also has a sister, Laurie. As a single mother on social assistance, Vicki Doxtator simply cannot afford the additional nursing care which is absolutely necessary for her son's round-the-clock needs. Unfortunately, the Ontario Provincial Government will only pay for eight hours of home nursing care a day.
Thanks to donations, however, including more than $2800 to a fund at Canada Trust branches in Hamilton, as well as $2319 raised from local businesses by Kahnawake resident Lynn Norton, some nursing care has been provided. Sadly though, these donations can only go so far to retain the two nurses presently helping to care for Lee. In fact one of these nurses, who could only be hired for two weeks, is just about to leave.
Lynn Norton also informed The Eastern Door that a special account has been set up at the Caisse Populaire, here in Kahnawake. The number of this account for the care of Lee Doxtator is: 80312. This is a tragic, up-hill battle for one of our young women. Please help make it a little bit easier. Thank you.
Last Thursday, February 6th, the Assembly of First Nations' Circle on the Constitution held a public hearing addressing aboriginal peoples' concerns about Canada's constitution. At the hearing, in downtown Montreal's Delta Hotel, Mohawk Council of Kahnawake representatives, Grand Chief Joe Norton and Mr. Arnold Goodleaf, expressed their concerns about the future of Kahnawake.
Chief Norton began by talking about the differing realities that separate native and non-native peoples. He explained to the panel and others present, that the Whiteman's version of history has severly misrepresented native people as savages. The true reality of the past, on the other hand, was always characterized by native peoples being forced to defend themselves against genocide regimes. He spoke on the concept of the Two Row Wampum, under which natives and non-natives were to live as distinct peoples in a state of peaceful co-existence. But, as Chief Norton described, such "peaceful approaches" were always manipulated to the native peoples' disadvantage.
Chief Norton also elaborated on the present day disrepancies between natives and non-natives. He indicated that, even though some degree of public support for native peoples exists within the non-native community, it continues to be overshadowed by government policies of genocide. He spoke of how the native and government concepts of "self-government" differ completely (the former inplies self-determination and sovereignty, while the latter implies delegated paternalism). The government, as Chief Norton further explained, has always tried and is still trying to belittle our treaties as mere "contracts" (which are easier to break). Furthermore, they (the government) would only remove the Indian Act to replace it with something just as bad.
Chief Norton differentiated between natives and non-natives, relating how the native heritage is rich in tradition, whereas non-natives are not as fortunate in this regard. He indicated that native people must return to their traditions in order to better defend themselves. He also stated that governments must begin to respect native peoples, treaties and rights. The Native Issue is of great importance to the Constitutional debate, Chief Norton continued. He ended by saying that he supported the AFN's input into this process, but at the same time, must be able to see where it is leading.
Arnold Goodleaf, who is presently working on Kahnawake/Canada relations, gave the second part of the Mohawk Council of Kahnawake address. He raised strong concerns about the government's use of propaganda and damaging rhetoric to discredit native people on an international level. He told the panel of how the government uses words like "ludicrous" and "bizarre" to describe native demands.
Mr. Goodleaf discussed the institution of Mohawk government in Kahnawake. He indicated that most of what has been established in the community would not be considered legal under the Indian Act, yet was developed by the will of the people. On the matter of the Canadian constitution, he told the panel that such a document should only exist to govern relations between parties concerned. He further stated that the Mohawks want recognition of what was already in existence, ie.: treaties, etc.
The four member panel, chaired by Konrad Sioui, briefly responded to the Mohawk Council of Kahnawake delegation by indicating a sincere desire to heed the voice of all Native people through a "grass roots" approach. The Assembly of First Nations' Circle on the Constitution expects to finish it's hearings this month and prepare a report in time for a Chief's Assembly in April.
Kahnawake resident Stuart Myiow Jr., voiced his opinions during the hearings. He referred to the AFN as a "shroud" which was leading our people away from where we were supposed to be going. This was so because the AFN is a body composed of Indian Act band councils, he stated.
Mr. Myiow continued by emphasizing that as a people, our real ties are with the Creator. The further away that we stray from our intended destiny, the more harm we will do to Mother Earth. Furthermore, we should not be blinded by (government) money.
As for the constitution, Mr. Myiow demanded to know why aboriginal people would even want to be Canadian, considering that the "white system" does not work for us. He asked what will constitutional guarantees for our people be worth in the chaos of Quebec separation.
Mr. Myiow closed by telling the panel that our people have all of North America as a land (economic) base. We are owed rent through treaties, we have to go back "home" to our traditions, he urged. Only the traditional system can change the present reality, said Myiow.
Commission member Konrad Sioui responded by agreeing that native people must return to their traditions. He added that the AFN is doing what it can to achieve this end.
During the hearings other speakers, representing groups such as Quebec's Native Women and the Native Friendship Center spoke on many issues such as the rights of urban Indians and the role of women in today's society.
In this column we would like to highlight the various businesses and entrepreneurs in the community of Kahnawake. Although not limiting ourselves to Kahnawake, we will begin in this issue with one of our local entrepreneurs, Mike Lahache.
Mike is the owner and operator of Kahnawake Spray Lawn, (more about that later) but more recently has launched a new enterprise, Kahnawake Mohawk Motors. Mohawk Motors' reason for being is to provide a full service New and Used car outlet as agent for Leblanc Ford of Chateauguay.
As a business located on the Territory, Mike can provide all the conveniences offered at most dealerships: finance arrangements (within 48 hours if desired), delivery at the premises in Kahnawake, trade-ins, and vehicle registration. Mike is presently negotiating arrangements for car finance with the Caisse Populaire Kahnawake. Most interesting to Kahnawake residents is that there is no G.S.T. or Provincial tax charged. Purchase price plus the cost of the plates is what you pay.
Mike adds that his customers receive his personal attention and you neet not go elsewhere for equivalent services. Since opening for business in mid-September of last year, sales have been good compared to the volume of sales generated in Chateauguay. Sales could be improved. Mike says, if people realize that the point of sale should be made here in Kahnawake. Some people have seen his sign and went to Leblanc Ford in Chateauguay to make the purchase. Mike says that he has access to all the vehicles (new or used) that is at Chateauguay and no one need go any further than his office in Kahnawake. Kahnawake Mohawk Motors is a partnership between Mike Lahache and Bernie Fortin of Delson. Bernie is also known as "the Destroyer", not in reference to the vehicles but to his days as a professional wrestler. He started his career in 1956 part time and wrestled full time in 1970 with Grand Prix Wrestling. Bernie retired in 1976 (he says due to an injury but maybe he was getting a little too long in the tooth). Mike and Bernie got together through Mike's brother-in-law Billy Two Rivers, another ex-wrestler. I won't say anything about Billy's teeth. Mike handles most of the customer relations while Bernie takes care of finance and registration.
Mike is still active with Spray Lawn, a seasonal business concerned with spraying, fertilizing and cutting lawns, and also spraying dwellings for insect control. His business is slowly regaining after the Crisis of 1990 but the economy is causing the growth to be sluggish. Along with his customers in Kahnawake, Mike has a good market in Chateauguay and he intends to penetrate the market east of the Territory.
Mike's main message to the people of Kahnawake is that we should patronize our own businesses to keep the currency circulating within the community in order to create jobs and improve our economy.
Our best wishes to Mike for success in both his enterprises.
It should come as no surprise to anyone of us that justice in the Canadian and Quebec Court system leaves much to be desired.
Pious statements by Prime Minister Brian Mulroney that the rule of law must prevail and that the Mohawks must follow Canadian laws and face Canadian Justice, 'one of the best justice systems in the world', ring hollow when abuse of law is used against our people.
Examples abound with miscarriages of justice such as the trial, conviction and sentencing of Philip Deering exparté, a procedure no lawyer can recall ever witnessing. It can only be assumed that he was tried this way because he is a Mohawk and Mohawks must be made into examples. In the trials of Ronald Cross, Gordon Lazore and Roger Lazore, the prosecution held back evidence from the defense, the extreme bail requirements imposed and other irregularities.
In the trial of the remianing forty (now thirty-nine with the death of Tom Paul), the judge clearly lost jurisdiction over the defendants when he did not request them to be present at the setting of the trial date. Technically, the thirty-nine should be free but the judge refuses to recognize his own mistake and the defense is left to decide to appear in court or appeal the judge's decision and face perhaps a more hostile court.
Respect for the court system must be earned. Respect can not be forced on us. Excuses can be made for the injustices that have been on us in the past but what excuses does the Canadian government have for the injustice that we experience today?
There were a number of justice inquiries into the treatment of native peoples in several provinces in Canada. Different legal associations made pronouncements about the same subject and they all agree that native people have not been fairly treated and recommended tht natives have their own justice system and values. Despite these recommendations, the Federal Justice Minister insists that there will be no separate justice system for natives and calls such ideas 'a co-out' and conceding (to failure).
It's obvious that the Justice Minister does not live in Kahnawake or does not have empathy for our people. If she did, she would understand that perhaps it is we who have 'copped out' and conceded too quickly. We should never have let the governments take away the responsibility to judge ourselves. By doing so we have undermined our own ability to govern ourselves.
The loss of our control over our own justice was done by force and intimidation and the government keeps control the same way. However, times are changing. Reasonable, rational people in their own society recognize that we have the right to control our own lives. Call it inherent right to self-government or self-determination.
They had the time and the opportunity to correct their system but time has run out. They have not been able to gain our respect for their justice system and recent events do not convince us that things will change. The tide is turning to our advantage. It is now up to us to plan, develop and demonstrate a justice system that suits our people in a rational, fair manner.
To do less would be a cop-out of our own.
Youngsters of 10 or 11 years old playing atom hockey usually are concerned only about shooting, passing and whether they have enough tape on their sticks. In the case of the Kahnawake Atom "C" Mohawks, there is one more worry this year, whether the opposition will even show up for scheduled games at the Kahnawake Sports Complex.
Playing in a 9 team house league based in Chateauguay the Mohawks, coached by Timmy Norton, have been left dressed and waiting at least 6 times this year for an opponent who never shows up.
According to coach Norton, when the season started, only two teams actually stated openly that they would not attend games scheduled for Kahnawake. This increased to the point where up until late January only one of the teams in the league had shown for their scheduled game. At each game, the referees would report, wait until the appointed time and then record 1-0 defaults in favour of the Mohawks on the scoresheet.
Kahnawake Minor Hockey acting president, Walter Goodleaf, proceeded to write a letter to the President of Zone 14, Yvon Bouchard, asking that some type of action be taken to either motivate the teams to play in Kahnawake or discipline them for not doing so. The response of the President was to not take any official action, but rather to deal differently with the situation given the "unusual circumstances". What those circumsances are is somewhat unclear, although I suppose most "house league" teams don't have road games.
Norton stated that no official reasons have been given to him for the failures to show, but his team has continued to fulfill its commitments by attending all games scheduled for the Chateauguay arenas. "We've really had no problems at any of our games". He went on to state that some of the parents of the opposition teams have even come into the dressing room to commend his team on a job well done after a few games in Chateauguay.
Both Goodleaf and Norton agreed that it was a shame that youngsters who just want to play hockey are being denied that opportunity by their coaches and parents.
This would seem to be an extension of the events of the summer of '90, but Goodleaf went on to state that "Maybe we have people with some of the same feelings, but because of the kids we've put our feelings aside".
Also of some concern to Norton was the fact that 1-0 defaults have not been officially registered as victories for his team as would be considered normal, but rather seem to have gone into some kind of hockey limbo.
Another interesting bit of information was that the Kahnawake Pee Wee and Bantam teams entered in the same Chateauguay league have experienced no such problems whatsoever.
Hopefully a positive resolution to this problem can be reached in the near future, especially with a meeting scheduled for this past Wednesday between Kahnawake representatives and the head of the Zone 14 disciplinary committee. Maybe then, the kids can just play!
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