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Introduction
The natives of Canada are a group of people who claim to have been discriminated against for ages by white citizens. The fault appears to lie in the police force too. Winnipeg police are infamous in this aspect. They have been negligent in meeting justice to the natives. Intent to involve them in petty cases and turn a deaf ear to their rights seems to be the demeanour of the police. The native leaders have time and again protested loudly against the killing sprees of the Winnipeg police who have been accused of being ingrained with racism.
The Aboriginal Council of Winnipeg in 2002 complained about the level of aggression that exists in the police force causing them to beat up even young children without any provocation. Each time a youth is killed unjustly, the shooting of J.J.Harper is remembered. Gordon Sinclairs book Cowboys and Indians: The shooting of J.J.Harper is a book that follows Harpers murder case closely and all the hue and cry and injustice associated with it. This essay traces the issues of discrimination of the Canadian natives beginning with the shooting of Harper through the years to present-day legislation for the natives.
The shooting of J.J.Harper
J.J. Harper, a native leader of the Island Lake Tribal Council, was shot down by a police officer, Robert Cross, in a wintry Winnipeg street in 1988. The city Police Department made undue haste in absolving Robert Cross from any blame. The Police Chief, Herb Stephen, made a statement the next day that Harper died accidentally while struggling to acquire the gun from Cross hands. This really infuriated the natives and anyone who believed in fair-play justice. Stephens statements were the starting point of a long story filled with drama, sex, threats, false charges, death putting the police department totally out of control. Several prominent citizens who were very critical of the negligence of the local police in maintaining the rights of the natives were noted by the police. These citizens felt that they were under the scrutiny of the erring police.
Gordon Sinclair was a columnist in the Winnipeg Free Press. He pursued the police not giving them much scope for continuing their ill-bred relationship with natives.
Gordon was an ardent critic of the police in the inner cities of Canada. The issue became an incident that brought the native problems into the view of the public. Racism soon found many critics of the police and well-wishers of the natives.
A report in the Canadian Press in 2002 stated that Grand Chief of the Southern Chiefs Organisation, Margaret Swan, commented that I think racism is very ingrained within the Winnipeg city police force . The report also said that the city police were racist and beat native youth without provocation and charged false cases against them
according to the aborigines (Scott, 2002). Swan further commented on the Harper case of 12 years ago. The far-reaching inquiry into the way aboriginal people are treated by the justice system in Manitoba has been gathering dust for almost 12 years It was called in part because of the shooting of native leader J. J. Harper by Winnipeg police Const. Robert Cross . The separate justice system for the natives recommended by the commission for Harpers enquiry had not materialised till 2002 (Scott, 2002).
In another report of the Canadian press dated August 5th 2008, it was reported that 25-year-old Craig Mc Dougall was shot by the Winnipeg Police on the previous Saturday.
He had been a relative of J.J.Harper (Lambert, 2008). Wounds were reopened. The problem is grave considering that several years have passed and we are into the 21st century and yet we have not solved the problem of the injustice of the Winnipeg police to the aborigines of Manitoba.
Racial discrimination
The nature of the Canadian constitution and its hidden adversity towards the natives is blamed for the cultural tensions which exist between the natives and non-natives (Bamsley, 2001). Often 2 differing viewpoints are evident in issues like treaty rights, land claims, tax immunity, residential school compensation and others. In court, lawyers from both sides fight for their interpretation of the law and history, often both appearing very justified in their arguments but struggling to convince the courts.
The Native people very calmly refuse to accept the authority of the Crown (Bamsley, 2001). When natives attempt to assert their rights using the law against the non-natives, many Canadians respond angrily. Public understanding of issues is limited. North America which was populated by millions of self-governing people was colonized by the British through a false belief that America was an empty land, not belonging to anyone. The British considered themselves superior and the land could be easily obtained from the indigenous natives without going through the legal processes (Bamsley, 2001). Racial discrimination also stems from the belief that the natives are nobody.
Several cases of discrimination are on record. The Supreme Court has defined this term well and broadly: distinction which, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, has an effect which imposes disadvantages not imposed upon others or which withholds or limits access to other members of society. (Andrews v. Law Society of British Columbia [1989] 1 S.C.R. p. 144).
A case of an aboriginal woman of Ojibway descent who was a Social Development Officer has been settled by the Canadian Human Rights Tribunal (Pitawanakwat v. Canada, 19 C.H.R.R. D/110). Ms Pitawanakwat at first had a good relationship in her workplace and received good performance appraisals (CHRC, 2001). After a few years, the relationship became reversed and she began to have bad performance appraisals. After 7 years she was dismissed. She complained of harassment and discrimination, her being an aborigine. The Tribunal found the managers guilty of
discrimination. They had assessed her work differently from the others. A poisoned work environment existed due to racial slurs, joking and stereotyping. The negative atmosphere was found at fault with Marys declining productivity and final dismissal.
The Government was blamed for gross negligence in not ending such discrimination.
Ms Pitawanakwat was awarded her lost wages and benefits, a letter of apology, a job similar to the one she lost and the Federal Court ordered financial compensation for her hurt feelings (CHRC, 2001).
Melvin Swan was an aboriginal Salteaux person who was a member of the Canadian forces for 10 years (Swan v. Canadian Forces, 25 C.H.R.R. D/312 Canadian Human Rights Tribunal decision, CHRC, 2001). When he left the forces, he complained of harassment due to his aboriginal ancestry. He reported eight incidents of racial comments, jokes and slurs throughout his career. The witnesses claimed they were all meant as jokes and he had not complained or objected at the time of incidents.
The Tribunal ruled that lack of objection or participation does not imply consent. The victimized individual may feel powerless to object as he desired to fit into the peer group (CHRC, 2001). The Tribunal admonished the Forces for glossing over the complaint. Mr Swan was given due compensation for his hurt feelings.
Times have changed. The Canadian Human Rights Tribunal is meting justice to hurt aborigines.
A report was seen in the Canadian Politics in Review which said that the repatriated Canadian Constitution and its Charter of Rights and Freedom came into effect in 1982 (Marcus, 2008). Section 35 in the Constitution and Section 25 in the Charter are the only sections touching the matter of native rights. However, there is no Article which deals directly with the subject: the problem may be to decide what constitutes native rights (Marcus, 2008).
Section 25, Part 1 in the Charter just says that any aboriginal treaty, rights or freedoms that were previously granted or recognized by the Royal Proclamation Act of October 7, 1763, any land claims settlements acquired by the aborigines would remain the same. Section 35 just confirms the same ideas. It is also added that any amendment to Class 24 of Section 91 of the Constitution Act, 1867 is possible only after a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada. (Marcus, 2008).
Representatives of the aborigines would be invited by the Prime Minister of Ca. nada to participate in the conference. Native rights actually provide many concessions which are not permitted to other people. The rights entitle native people to continue to make use of resources for personal use from land or water that they have a claim to through their nation or tribes treaty rights. This has created problems occasionally. The court has made provisions to control the illegal harvesting of lumber by stating that the lumber could be only used for making their traditional things like canoes or wigwams (Marcus, 2008).
The CHRC priorities for 2009 include the enhancing of the Commissions impact on human rights issues domestically and internationally through strengthened outreach activities (CHRC, Report on Plans and Priorities, 2008-2009) under the CHR Act. The commission has the mandate to promote equality of opportunity and protect people from discrimination in employment and provision of services based on race and ethnicity among other factors mentioned by having the Federally regulated employers and service providers accountable.
Strengthened outreach activities are planned to support awareness and the understanding of Human Rights principles in the context of the First Nations especially because the repeal of Section 67A of the CHRA by the Parliament is anticipated. Discrimination in the workplace is prevented under the Employment Equity Act. $6234 million has been allotted for planned spending on the Discrimination Prevention Program for each year from 2008-2009 of the total planned spending of about 25 million dollars each year (CHRC, Report).
Conclusion
The rights of the natives are probably being protected better now. The book by Gordon Sinclair has correctly raised the issues of native rights. No human must be discriminated against by virtue of his descent. The issue is not just that of the natives of the First Nations in Canada. It is a global issue. The natives are people born and living on that land since time immemorial. They should never be taunted for that. Efforts must be made to offer them enough chances to make a good living. There should never be a J.J.Harper again.
References:
Bamsley, Paul; (2001), Government tips the scales of justice , Windspeaker, 19,(1), Pgs 7-11, Aboriginal Multimedia Society of Alberta.
Marcus, Richard; (2006). Canadian Politics: Native Rights in Canada Update . Web.
Lambert, Steve; (2008), Native leaders call for inquiry into Winnipeg police after fatal shooting The Canadian Press. Toronto.
Scott, Edmonds; (2002), Winnipeg police accused of racism and brutality against aboriginal people Canadian Press NewsWire. Toronto.
Sinclair, Gordon; (1999), Cowboys and Indians: The shooting of J.J.Harper.
CHRC, Canadian Human Rights Commission, (2001) Race, Colour, National or Ethnic origin , Anti-Discrimination Casebook CHRC, Report on Plans and Priorities .
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