PEACE BRIGADES INTERNATIONAL:
NORTH AMERICA PROJECT REPORT 10/95

Conflicts Turn to Open Violence:
The Criminalization of Native Rights

In Canada, the month of September saw ongoing situations at Gustafsen Lake and around the Bruce Peninsula intensify, while others suddenly gained national attention - in particular the standoff at Ipperwash Provincial Park in Ontario. Several patterns are evident in examining the background of the conflicts and the way they were handled by the authorities.

The standoff at Ipperwash - near Sarnia, Ontario, just north of Detroit, Michigan, on the shore of Lake Huron - involved a small group of Chippewas from the Stoney Point Band [note: the Chippewa, who are also sometimes called Ojibway, are a group of First Nations/Native American peoples who live around the Great Lakes].

In 1993 some members of the band began occupying part of a military base built on land taken from the Stoney Point people in 1942 under the War Measures Act. At that time, they were relocated by the government to the nearby Kettle Point reserve, although many dispersed to other reserves. There is a great deal of anger and resentment about the manner in which this was done. Many of the members of the reserve were in the Army at the time and came back to discover that their homes were gone. In 1992, the Federal government finally agreed to return the reserve lands, but problems were caused by their decision to negotiate the return to the Kettle Point band; also, there are environmental issues.

In the summer of 1995, as the Stoney Point Band occupied more of the base, the military finally moved out. On September 4, a group of Natives from the base moved onto the adjacent Ipperwash Provincial Park, claiming it to be an old burial ground. The park had closed for the season but was quickly surrounded by the Ontario Provincial Police (OPP).

On the night of September 6, violence erupted between the native occupiers and police, which culminated in the fatal shooting of a native man, Anthony ``Dudley'' George. A native youth was also injured with a shot in the back. The Band declared that they had been trying to come unarmed to the rescue of Bernard George, who was being beaten by police, when officers fired on them. Police, however, claimed the occupiers had started shooting first, and that they shot back only in self-defence. A tense standoff followed, with the camp occupiers erecting burning barricades to defy entry.

The confrontation lasted several days but a week later the occupiers relented allowing the Special Investigations Unit, an Ontario government investigative body, to enter and gather evidence as part of an investigation into the shooting. Also a week later, the Federal government produced documents supporting the burial ground claims of the occupiers.

The Ipperwash shooting took place while the Gustafsen Lake standoff was still underway in British Columbia [see September Bulletin for background]. The confrontation at Gustafsen Lake finally ended on September 17, 1995, after more occupiers left and further incidents involving gunfire had taken place. Fortunately there was no loss of life. The remaining occupants spoke with Sundance medicine man John Stevens and decided to leave after taking part in a spiritual ceremony. Two occupants have been charged by the RCMP; one regarded as the leader, William ``Wolverine'' Ignace, has been charged with attempted murder.

A common element of these standoffs has been the fact that the Native occupiers were ``marginal'' groups, not recognized within the official structures. This fact was emphasized by authorities in an attempt to isolate and criminalize the protests, but in both cases, the degree of polarization of the situation brought widespread support from other First Nations communities, including some that did not support the goals of the protesters. In mid-October, the issue of ``criminalization of native rights'' will be addressed at a conference in Toronto.

Also in September further events pertaining to the Nawash and Saugeen Ojibway in Ontario occurred [see September Bulletin for background]. On September 3, the last day of a sport fishing derby, a Nawash fishing boat, which had recently been sunk and then restored, was burned to the hull while in dock. The same day several native youths were stabbed by a group of non-natives. According to the Nawash it was a planned attack, and police looked on without intervening. On September 23, the Chief of the Saugeen Nation, Richard Kahgee, made a declaration before the International Joint Commission invoking the nation's sovereign status under international law and proclaiming sovereignty over the waters around the Saugeen/Bruce Peninsula.

The D&C being salvaged in late August near Howdenvale, Ontario after having sunk due to unknown circumstances. This fishing boat belongs to Francis Nadjiwon, one of the native fishermen who won the court case in 1992 that affirmed the Nawash and Saugeen bands' treaty rights to commercial fishing in Lake Huron (R. V. Jones et al., April 26, 1992). The Nawash strongly suspect that the sinking was the work of anglers who oppose their practice of these rights. Roughly one week later, on September 3, the interior of the boat burned while the boat was at dock, destroying its expensive navigation equipment. Police were called to investigate and have confirmed that the damage was most likely intentional. Additionally there has also been a sudden rash of other race-based confrontations in and around Owen Sound. The only charges laid as of Sept. 7, however, were against one of the Nawash fishermen. He had lost a set of fishing nets to mischief and had installed razors as protection.

Finally a short update: in Sept-Iles, Quebec, the trial of a group of Innu arrested for blockading a road leading to the construction of a hydro-electric dam on their traditional hunting territory has been set forward to February 19, 1996. These charges were laid in June, 1994.

THE ROLE OF NAP: EXPERIENCE AND REFLECTION
Following the death of Dudley George at Ipperwash, members of NAP hurriedly made contact with the Kettle Point Band Council and went up several days later, on the day of his funeral. Tensions ran high, with police and media surrounding the former military base where the funeral took place. The four NAP members were unable to gain entrance; it was not a day to establish contact with the park occupiers. Instead, NAP contacted the Chief of the Kettle Point Band Council and to an Ontario Provincial Police Officer; then connected with a group of people from the Mennonite Central Committee (MCC) who had been doing long-term support work for the Stoney Point people. The installation of a PBI-type observer team to the situation is being considered.

After discussions, it was decided that due to the MCC's long term contacts in the area, they would be well-placed to judge when and how a short-term observer team could be useful. NAP has agreed to play a supporting role in such a case, and participated in a training session held the following weekend for 26 such short-term observers.

The experience at Ipperwash highlighted to NAP the importance of an initial period of exploration before becoming involved in a conflict. Issues are complex, often involving divisions amongst the First Nations groups themselves - many going back decades or longer - which take time to understand. At the same time, trust, which is one of the most important elements of our work, takes time to build. First Nations people, have been subjected to countless types of oppression, setbacks, and betrayals by non-Native individuals, societies and governments, often feel the desire to take matters into their own hands. At the same time, the idea of a non-partisan group like Peace Brigades International is a new and unusual concept, the merits of which may take some time for groups in conflict to appreciate.

The recent tenor of the conflicts between First Nations and Canadian society has confirmed to us that NAP has a potential role in various capacities. Discussing issues with all parties to a conflict, acting as observers and disseminating the various points of view are all useful roles. The stories of First Nations people help to illustrate a situation from their point of view. This view, not usually predominant in the media, is a very important one.

This is particulary true, given the lack of awareness amongst non-Natives about the day-to-day reality of First Nations people (a lack of awareness some NAPpers ourselves initially shared). It is this reality that is defined by the term ``structural violence.'' At times the term seems to defy definition, for it describes more a dynamic than a static structure: natives, non-natives, federal and provincial governments, the justice system and the media all interct; issues arise and incidents occur while, underneath, different kinds of power wield influence. People have feelings, opinions and beliefs and make decisions and choices which either challenge the status quo or reinforce it. In the end, there are no absolutes.

This lack of stasis at times makes our role difficult to grasp and gives rise to never-ending, difficult questions. Is there a role for us when confrontations turn violent? When someone is carrying a stick that could be used as a weapon - is that violence? Are we ourselves free of the oppressive structures we strive to challenge within Canadian society? This self-reflection is part of our continuing work - we don't have any answers. We know our goal is to promote justice through non-violence by our active involvement, and we believe that we are succeeding.


Founded in 1981, Peace Brigades International is a unique non-governmental organization exploring nonpartisan approaches to peacemaking and support for basic human rights. Currently, PBI carries out effective nonviolent intervention in a challenging variety of conflicts: Colombia, Guatemala, Sri Lanka, and several Native communities in North America. PBI is officially recognized by the UN. For more information contact, see pbi.news or contact:
PBI/USA
2642 College Ave.
Berkeley CA 94704

Phone - FAX: (510) 540-0749
or
E-mail: pbiusa@igc.apc.org


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