Federal Government press release ...
Aboriginal Firms Click and Go Global
Across the country, there are over 27,000 self-employed entrepreneurs of First Nations, Métis and Inuit heritage who are creating economic opportunities in their regions and making important contributions to Canada’s economy. Their businesses are growing, reporting profits and gaining ground in higher knowledge sectors such as professional, scientific and technical services.
While the majority of Aboriginal businesses sell their goods and services in Canada, 13% are now exporting goods and services to other countries.
One way the Government of Canada is helping Aboriginal businesses look beyond the country’s borders is through www.aboriginaltrade.ca, a website launched to help Aboriginal businesses—especially smaller firms—tap into global trade opportunities.
“As important as it is for Aboriginal companies to build their business within Canada, it is equally important for them to look at expanding to other countries,” says David Emerson, Minister of International Trade. “The website brings together, for the first time, targeted export information for a range of sectors where Aboriginal businesses are making their mark—sectors like tourism, cultural industries and natural resources.”
The website highlights the products and services of Aboriginal entrepreneurs so that prospective international customers can easily find information about what Aboriginal businesses have to offer. Canadian trade commissioners working abroad can also access the site to match potential buyers and partners for Aboriginal businesses.
“The Aboriginal business and international trade website will be an important tool in helping businesses make the most of global opportunities, particularly those emerging from the 2008 Olympics in Beijing and the 2010 Games in Vancouver-Whistler,” says Emerson.
This website was developed by the same firm that developed and maintains INAC's Aboriginal Portal - Alika Internet Technologies Inc (www.alika.ca). Other sites they develop and maintain include:
http://www.aboriginalcanada.gc.ca
http://bsa.cbsc.org/
http://businessgateway.ca
http://commercecan.ic.gc.ca
http://hrmanagement.gc.ca
http://exportsource.ca
http://innovation.gc.ca/
http://strategis.ic.gc.ca
Apparently this latest site was developed in collaboration with Aboriginal businesses, economic development officers and Aboriginal service providers across Canada.
For more information, go to www.aboriginaltrade.ca
Keewaytinook Okimakanak is seeking to hire a full time Director of Operations who will have the overall responsibility to the organization, direction and operations of the administration office.
Responsibilities
Qualifications
Remuneration
The salary is negotiable based on experience and qualifications.
To Apply
Submit your resume, 3 professional references and a cover letter outlining your qualifications no later than the closing date, April 30, 2007, at noon to:
Geordi Kakepetum, Executive Director
Keewaytinook Okimakanak
P.O. Box 340, 8 Mine Road
Balmertown, Ontario
P0V 1C0
For more info, please call 1-807-735-1381, ask for Geordi Kakepetum
A roundtable discussion is being held today in Sioux Lookout in the SLAAMB boardroom "about the impacts of connectivity and social capital in Aboriginal communities in Canada. The goal of this work is to produce a document that reflects the potential of connectivity and information and communication technology in relation to social capital in Aboriginal communities in Canada."
Everyone is invited to contribute to this final document by:
From the study's Meeting Place web site at http://meeting.knet.ca/moodle/course/view.php?id=86 ...
The study "Increasing Aboriginal Social Capital" is being conducted by the University of Manitoba in partnership with Crossing Boundaries National Council, and is funded by the Social Sciences and Humanities Research Council.
This study seeks to examine the idea of social capital from an Aboriginal perspective, specifically in relation to the potential of information and communication technology.
Discussions are welcomed related to how connectivity is impacting Aboriginal communities. As well, sharing experiences about the issues and challenges around the implementation and sustainability of the new technologies and networks. Personal experiences are especially welcomed. This site can also be used as a means through which to share work and research material on related topics.
Feedback and comments of the Preliminary Paper (available on the web site) are welcome and can be send to henley2@cc.umanitoba.ca.
Social capital characterizes a community based on the degree that its resources are socially invested, that it presents an ethos of trust, norms of reciprocity, collective action, and participation, and that it possesses inclusive, flexible and diverse networks. Social capital of a community is assessed through a combination of its bonding (within group relations), bridging (inter-community ties), and linking (relations with formal institutions) dimensions.
A link to a discussion forum where you can post any questions or thoughts you may have regarding the topic or where you can respond to and add your input to discussion topics posted by others. To access this discussion forum click on IASC.
The study "Increasing Aboriginal Social Capital" is being conducted in partnership with the Crossing Boudaries National Council which recently conducted the Aboriginal Voice project.
The Aboriginal Voice initiative focused on:
Susan O'Donnell (http://www.susanodonnell.info) travelled from Frederiction, New Brunswick to Thunder Bay where she met with KO staff at the KO Research Institute. Visits KO partners at the Metis Nation of Ontario, Oshki and Fort William First Nation KIHS classroom provided Susan with the opportunity to meet with people using video conferencing to support program and service delivery.
Susan is working with KORI and K-Net team members to examine how video conferencing and online video material is supporting Keewaytinook Okimakanak and our partners in developing and supporting their programs and services. For more information about the Videocom research initiative, visit its web site at http://meeting.knet.ca/moodle/course/view.php?id=50 (you must log into the K-Net Meeting Place).
Susan works at the National Research Council (www.nrc-cnrc.gc.ca), a Canadian national research agency. She is a researcher specializing in the communications and social aspects of ICT (information and communication technologies). Her positions include:
Her work analyzes:
Her research builds:
Sharing the Forests - In new timber deals, what are First Nations really getting?
Gaining a cut of the logging, but not many jobs. Photo by David Campion.
Third in a four part series entitled "Reconciliation with First Nations" by Sandra Shields. Click here to see the other articles in this series.
Published: April 13, 2007 - TheTyee.ca
[Editor's Note: Two years ago, the government of British Columbia and First Nations leaders laid out a vision for a "New Relationship," spurring initiatives aimed at "closing the gap" between Aboriginal and non-Aboriginal British Columbians. This is the third article in a four-part Tyee Solutions Reporting Fellowship series by Sandra Shields, who is looking at steps being taken in her home community of the Fraser Valley.]
Leq'á:mél First Nations councillor Barb Leggatt invites me into a boardroom where pieces of paper with Halkomelem words printed on them are taped to the wall, part of the language class held here for local kids. The adjacent hall is used for cultural events and when I called to arrange this interview, drumming and singing could be heard in the background. A busy mother of six children, Leggat works full-time as the band's land-use coordinator as well as serving on council.
The traditional territory of the Leq'á:mél lies between Mission and Agassiz in a stretch of the valley that is squeezed between the sprawling Fraser River and the forested slopes of the Coast Mountains. As an urban transplant to this rural area, it took me months to realize that the dense stands of cedar, hemlock and fir covering the mountainsides have all been extensively logged.
Trees began falling in the Fraser Valley in the 1870s and by the 1920s most of the face of the valley had been hauled to the river and floated to mills near Vancouver. Throughout the 20th century, Stó:lo bands like the Leq'á:mél watched as power saws were invented, logging trucks came into use, and trees continued to leave their traditional territory. Any compensation the Leq'á:mél received was restricted to the seasonal pay their fathers and sons earned in the valley's logging camps.
First Nations across B.C. have lived variations on the same scenario. In recent decades, anger and frustration turned into blockades and court cases until a series of legal decisions pushed the province into a corner. In two separate decisions in 2002, the court said that when it came to resource extraction on Crown land, B.C. had to consult with First Nations and seek to accommodate potential Aboriginal rights and title. The meaning was clear: the province could either change the way it did business, or continue to lose business. So in 2003, then forestry minister Mike de Jong announced that for the first time ever, B.C. would share revenue and access to the forests with First Nations.
The offers the province put on the table contained two parts: there was cash (a small share of the stumpage fees B.C. collects every time a forest company falls a tree on Crown land); and there was timber (the chance for First Nations to do some logging). Called forest and range agreements or FRAs, the deals cut First Nations a fraction of the action in exchange for peace in the woods. With treaties remaining elusive, these interim measures were touted as achieving the dual objectives of giving economic opportunities to First Nations, and creating a stable operating environment and better investment climate for the forest sector.
In January of 2006, the Leq'á:mél became the 100th First Nation in B.C. to sign a forest agreement. They received $760,000 to be paid out over five years, and gained access to 45,000 cubic metres of timber. The press release issued by the province repeated several times that forestry agreements were bringing jobs and economic prosperity to Aboriginal communities. Curious to learn if this was indeed the case, I came to see Barb Leggatt.
What jobs?
"The initial response we got from our community members was 'When do we get to go to work?'" Leggat says. "That was from the loggers who have lost jobs because of the cutbacks in the industry."
Forestry is new terrain for Leggat. She recently attended a workshop with other First Nations who have also signed forestry agreements and discovered that many nations share the same challenge the Leq'á:mél face. Logging is a tough business these days, and there are good reasons for moving carefully, especially when you lack expertise, capital and equipment.
"There are so many things to do, even with the forestry stewardship plan," Leggat says, referring to the extensive document that is required by the Ministry of Forests before harvesting is approved. The plan must address issues like migratory birds and species at risk, slope stability and keeping a sufficient distance from watersheds. Rather than trying to start up a logging operation of their own, the Leq'á:mél are taking the same route as many other First Nations and looking to partner with a company that has experience in the industry.
"There were suggestions from band members that we do it ourselves, but not having the expertise to manage it, that wasn't an option," Leggat says. Instead, the band is close to signing a deal with a company that will then be responsible for selecting the most valuable timber, figuring out how to access it, meeting Ministry of Forests requirements, hiring reliable logging contractors to do the actual harvest, and finding good markets. Once the agreement is signed, Leggat says it will likely be a year before all the Ministry of Forests requirements are met and harvesting can begin.
So what about jobs? One of the things she has learned, Leggat says is that "with the amount of timber we've got, we can't promise any long-term jobs at all, but when we work the agreement out to harvest the timber, we can request that one or two members get hired for the season."
Logging doesn't involve legions of men with chainsaws anymore. It's highly mechanized these days, so while there will be work for a couple of loggers for a season or two and perhaps a few temporary jobs created in the replanting that follows the harvest, the significant job creation, if there is any, will be a result of what the Leq'á:mél do with the revenue.
"Whatever we derive out of this agreement financially is going to be reinvested into a venture on reserve," Leggat says. "So we're just hoping it's substantial enough because we would like to do a service station on the reserve, that's been the wishes of the members for a long time."
Situated on Highway 7, the station would include a tourism component and could turn into a number of steady jobs for band members.
"It's not a lot," Leggat says of the deal, "but we're finally getting a chance to get into the sharing of the resource. We never had the opportunity to do so before."
A shaky foundation
Writer Ben Parfitt has covered forestry in B.C. for two decades and is well placed to evaluate the new agreements, something he did at length in a report released by the Canadian Centre for Policy Alternatives earlier this year. In the report, Parfitt describes the agreements as "a dramatic departure from what existed previously, which was essentially nothing." But after speaking with First Nations across the province, Parfitt says that much more is needed to create the kind of economic opportunities talked about in provincial press releases.
"Companies that have been in the forestry business for quite some time are losing money," Parfitt says when I speak with him by phone in his Victoria office, "so it seems reasonable to think that new entrants to the industry are going to have to be awfully savvy."
First Nations already involved in forestry have been the best situated to take advantage of the agreements. Parfitt points out that the few nations already in the business gained the traction they've got through court cases or direct action. But the majority of the almost 130 nations that have signed forestry agreements are new to the industry, and the feedback Parfitt got confirmed that as these nations learn more about the costs and risks involved in logging today, many are thinking twice about what to do.
"It's an extremely challenging business environment at the best of times," Parfitt says. "The government has taken the right step in finally acknowledging that they need to do more, but it's a tiny step and ultimately why should we be expecting that First Nations are magically going to be able to produce good results when they're offered one-time allotments of timber in non-specified areas with no guarantee of renewal. That is not the foundation on which to build a viable forestry-related enterprise."
In a worst case scenario, Parfitt says, a nation could harvest and lose money. Indeed, given the economics, some nations may choose not to log at all. Many are opting for the same route as the Leq'á:mél, partnering with an established company rather than start up their own forestry operation. The best case scenario, from a job's perspective, would be profitably logging, and directing those logs to a milling facility where members are working. "But that far end of the spectrum, the high end where the jobs are produced, that is an extremely rare situation in British Columbia."
What is needed?
There are several problems with the agreements when it comes to fulfilling the promises of provincial press releases, but two things are key: time and land. Time is a problem because a five-year term is too short to allow for the kind of long-range planning and investment that successful forestry operations require. What is needed is either renewable agreements or the long-term certainty that will come with treaties.
Land is a problem because most of the agreements, like the one the Leq'á:mél signed, do not come with any land. They come with a relatively small volume of timber to be harvested within a given forest district, but they do not come with ongoing responsibility for a specific land base.
"If you talk to anybody who has experience in forestry, they say you need to find areas of land to work on over time, and if you don't have that, it is extremely difficult to make a go of it," Parfitt says. One of his recommendations is that defined areas of forest land be turned over to First Nations under long-term, renewable forest tenures. With the new forestry agreements, the province set a target of sharing eight per cent of the total annual cut with First Nations.
Parfitt suggests that instead of offering volume, the province could work over time to transfer eight per cent of the forested land base. He makes the point that knowing what lands you will manage over time is both economically and ecologically preferable.
Learning to share
Cutting First Nations in for a share of resources is not an area where B.C. has much experience. (Fisheries being an ever-contentious exception.) In a strip-mall in Abbotsford, I sat down with lawyer-turned-politician Mike de Jong who was forest minister when the FRAs were developed. De Jong grew up in the valley and has been an MLA here for more than a decade. Last September, he was moved from Forests to Minister of Aboriginal Relations and Reconciliation.
De Jong says his experience with the forestry agreements was instrumental in shifting his view of relations with First Nations which, not surprisingly for a lawyer, "had tended to be very legalistic." He recalls how, as forest minister, he would get calls from First Nations leaders talking about huge unreconciled claims and he would feel like "We are never going to be able to solve this. How do we even have this phone conversation? How do we talk about this?"
Things began to change, he says, when the government took the step to say: "Let's talk about economic opportunity. Let's not forget about rights and title, but let's talk about being part of the economy."
The result was that the province and First Nations began to sign agreements and, for de Jong, two things happened: "First of all, after the agreement I still get calls from the chief but now it is because, 'My stumpage is too high,' or 'I'm having trouble marketing my logs,' and suddenly the engagement is on a completely different plane. Now we're working with one another."
And secondly, he discovered that "At the end of the day, the agreements lived or died, succeeded or failed by the degree of good will that existed between the two parties. If an element of trust was there you could find solutions to things."
He recalls that, "All of that greatly influenced me to the extent that I said we have to work together to find ways to get people involved economically, to be flexible, more flexible than five years ago I would have been around the nature of the agreements."
Keep talking
Issues didn't disappear, de Jong says, but the agreements opened up a conversation that is ongoing. One milestone in that conversation came in 2006 when, under pressure from First Nations leaders, the forest and range agreements were changed to forest and range opportunities. The big difference between the FRAs and the FROs was that the latter were no longer taken as fulfilling the province's duty to consult and accommodate.
But whether they are FRAs or FROs, the conversation about how land and resources should be shared continues. As far as land goes, de Jong says, "The notion was pretty firmly embedded that if you wanted to move from a volume-based tenure to an area-based tenure, that's the reward for getting to a treaty. That's what a treaty is. A treaty is an area-based settlement."
However, with treaties remaining a distant prospect for many First Nations, the conversation is shifting in the direction of considering area-based tenure as an interim step. "If you are more motivated by the desire to effect development, create better economic prospects, better socio-economic conditions," de Jong says, "maybe there is an argument that says, 'Look as an interim treaty measure, as an incremental agreement, let's transfer that. Let's get on with that."
He cautions that this is not a simple step for the province. "Once it's done, the model has been set. Once you have made that kind of decision once, you better be prepared to follow through elsewhere."
In that respect, de Jong says, "The revenue sharing was a huge step for government." And there is pressure to expand that. "People are saying if revenue sharing is good for forestry, what about other resources?"
What is fair?
Under the current forestry agreements, the share of revenues that First Nations receive is based on an annual rate of $500 per member. This per-capita formula has been criticized by First Nations leaders, successfully challenged in court, and in his report, Ben Parfitt finds it to be both insufficient and unfair.
"The cash offers bear absolutely no relationship to the level of activity that is occurring in a First Nation's territory," he explains when I bring it up. "So a First Nation that has a million cubic metres of wood being logged per year on their traditional lands gets treated exactly the same as a First Nation that has only a thousand cubic metres being logged off their territory each year."
As well, there is no relationship between the cash offer and what is occurring on the land base, both in terms of the number of trees coming down and the values of those trees. "So a First Nation that has old growth western red cedar," Parfitt says, "gets the same cash offer on a per-head basis as a First Nation in the interior with a land base filled with dead pine trees."
Citing the precedent of Washington State where a federal judge ruled that Aboriginal people deserved half of the state's salmon fisheries, Parfitt recommends that stumpage fees be split 50/50 between the province and First Nations based on the harvesting activity in individual territories.
"Like stumpage payments channeled into provincial government coffers," Parfitt writes, "stumpage revenues received by First Nations would provide a valuable source of funds for the provision of public services and assist in economic diversification."
Far side of the valley
From the Leq'á:mél band office you can look across the valley to where the jagged peaks of the Skagit mountains rise up behind the growing city of Chilliwack. On a gray winter day, I visited Matt Wealick in his office in a busy Chilliwack shopping plaza owned by the Tzeachten First Nation, of which Wealick is a member.
The young father of two manages forestry operations for the Ch-ihl-kway-uhk Tribe, eight Stó:lo bands from the Chilliwack area that compensated for small allotments of timber by forming an alliance. The resulting FRA provided a pool of capital and timber that spawned a joint venture partnership estimated to be worth $12 million. I came to see Wealick to learn how this innovative approach is working.
Although Wealick is from Chilliwack, he grew up on Vancouver Island where his dad worked as a logger. "Back then you just had to bring a pair of boots, show up at the work site, and you had a job," he says. He followed in his dad's footsteps, but his path reflects how the industry has changed in the space of a generation. While he has on the ground experience all over the province, Wealick also has a forest management degree from UBC and did the additional work required to earn the designation of registered professional forester, becoming one of a dozen First Nation professional foresters in B.C. and augmenting that with a master's degree in environment and management. In 2005 he came home to manage the Ch-ihl-kway-uhk's joint venture with New Westminster-based forestry company Probyn Logs.
Wealick says the Ch-ihl-kway-uhk had reservations about the deal the province was offering, "But the chiefs thought if we don't get in and start doing something now, the logs are going to keep going by, the opportunities will keep going by, and we'll still be sitting here trying to get treaty negotiations settled."
He says, "It's great to have some say in how forest activities are done in the traditional territory, but on the other hand it's only a five-year license so there's not really incentive to put a lot of money into the long-term management of our forests."
Once the agreement was signed, it took the Ch-ihl-kway-uhk three years to get the license they need to start harvesting. Wealick shakes his head over the amount of red tape. "I don't think a lot of First Nations are expecting it," he says. "It's very financially draining and probably emotionally draining as well." Still, he is optimistic about the prospects and expects to start cutting in the fall.
Community forests
One of the things that sets the Ch-ihl-kway-uhk agreement apart is that it includes an 800 hectare woodlot. "We're very pleased to have the opportunity to have a woodlot," Wealick says, "because it is a long-term tenure, it's an area-based tenure. It allows for the incentive to do some long-term planning and make sure the forests in that area are sustainable."
The woodlot lies within the Chilliwack River Valley, a narrow and stunningly beautiful valley in the mountains between Chilliwack and the U.S. border. The ecologically sensitive region is the Ch-ihl-kway-uhk's traditional territory. Ideally, Wealick would like to see the entire 95,000 hectares managed as a community forest. This was what the chiefs had originally requested and Wealick says it's the kind of approach that makes more sense both economically and ecologically.
Community forests are a growing phenomenon in B.C. They are about local control of forest resources and local enjoyment of the benefits offered by those resources. Harvest rates and locations are set by the community according to their objectives and values, whether those be ecological, cultural, spiritual, recreational or aesthetic. The revenue generated supports local priorities including employment and economic development. The provincial government began expanding the volume of timber allocated to community forests several years ago and by October 2006 there were 43 communities either in the application process or operating a community forest agreement.
It sounds ideal for the Chilliwack River Valley and when I say as much, Wealick agrees. "Of course you have other licensees to be concerned about," he says, referring to forestry companies with tenure in the region, "but maybe those licensees wouldn't mind being part of a community forest." He sees the possibility of including a number of stakeholders. "We could manage the valley as one entity," he says, and points out that a community forest approach would better respond to the sensitivities of the region. "But thinking outside the box is definitely what you would need to make it work."
Out of the box
Back in Deroche, I take a walk up the old logging road that climbs into the forest beside the farmhouse where I live. When it comes to forestry and Aboriginal people, FRAs and FROs were out of the box thinking for the B.C. government. This is significant but in the Fraser Valley the results have yet to reach the ground and all indications are that once they do, they will not be as rosy as the provincial press releases promised.
After a 15-minute climb, the logging road levels out for a short stretch and a gap in the trees frames a view of the valley with its toy-sized barns, the thin winding old highway, the sliver glint of the Fraser River and backdropping it all, the snow-covered peaks of the Skagit Range on the southern shore.
The forestry agreements initiated a conversation with First Nations that is ongoing. If this conversation is to bring the kind of results that add up both economically and ecologically, for the Leq'á:mél and the Ch-ihl-kway-uhk, as well as for the forest that surrounds me and the forests that lie on the far side of the snow-capped peaks across the river, a lot more out of the box thinking and talking is going to be required.
Next week: Where can reconciliation take us?
Sandra Shields lives on a farm in the Fraser Valley with photographer David Campion. Their first book won the 2003 Hubert Evans Prize; Where Fire Speaks looks at how development arrived for one African tribe. Their second book, The Company of Others, explores the power of caring relationships in the lives of people with disabilities and their families and friends.
Ontario Arts Council press release ...
$35,000 in Ontario Arts Council funds flow into Sioux Lookout
Sioux Lookout, April 13, 2007 – Two Sioux Lookout organizations and one artist announced today that they are the lucky recipients of $35,000 from the Ontario Arts Council’s new Northern Arts Program.
The Northern Arts Program, established in 2007, aims to fund arts activity in Northern Ontario by Northern artists and arts organizations.
The Sioux Lookout Anti-Racism Committee, RING – Sioux Lookout Arts Circle, and local visual artist Donna Giles, received word April 4th that their applications to the new program were successful.
SLARC received $15,000 towards the Sioux Mountain Music and Cultural Festival. Themed this year as /The Northern Music Connection/, the Festival will take place on August 4^th and 5^th at the start of the Blueberry Festival. OAC funding will enable bands from northern First Nations to perform at the Festival.
“The transportation and accommodation costs can be prohibitive for northern artists to perform at the Sioux Mountain Festival,” said Jennifer Morrow, SLARC’s Business Manager. “This year, we will be able to bring three fantastic bands down to Sioux Lookout, as well as pay each artist a fee for their performance.” The three bands are Sagatay, a rock and country band from Kitchenuhmaykoosib Inninuwug, the gospel/bluegrass Sachigo Group, and traditional drummers the Sandy Lake Singers.
***
RING received $15,000 for /Idea Boxes/, an innovative northern audience development project. This project will promote local and regional art by establishing spaces for the creation and display of works in and around Sioux Lookout. Currently, there is little opportunity to showcase and promote works of local artists. The Idea Boxes will provide alternative spaces for exhibition and creation of new works, inspire and expand the network of local artists, encourage exchange of ideas and expose the community to exciting forms of creative expression.
In efforts to recognize the importance of creative practice, participating artists will receive artists’ fees. A Cultural Newsletter will be published monthly and distributed within the community free of charge. Creative writing and other cultural announcements are welcome for submission.
* *
Donna Giles received $5,000 to support the creation of a new body of work. The project, /Maltese Threads/ will produce new works scheduled for a solo art exhibition at the Thunder Bay Art Gallery in January/ February 2008.
For more information, please contact:
Jennifer Morrow, Sioux Lookout Anti-Racism Committee
(807) 737-4901
jmorrow@slarc.ca
Hana Beitl, RING: Sioux Lookout Arts Circle
(807) 737-2002
hbeitl@hotmail.com
Donna Giles, visual artist
(807) 737- 2676
c.d.giles@sympatico.ca
Interested applicants should email Brian Hawker at bhawker@nnec.on.ca and leave a mailing address and home telephone number.
For immediate help, call Brian on his cell phone at 807 - 737 - 0734. Leave a message if you don't reach him and he will call you back.
Beginning on April 11, 2007 through to August 20, 2007, Regional Coordinators from the AFN will be scheduling community information sessions in all 633 First Nation communities and urban centers across Canada.
These sessions will include a detailed presentation on the Indian Residential Schools Settlement Agreement to explain the details and the benefits of the settlement agreement and the legal rights of former Indian Residential school students and their families.
NAN press release - 4/12/2007
Kakegamics Launch Last Resort Civil Suit
Parents of murdered North Spirit Lake man Max Kakegamic appeared before the Kenora Police Services Board April 11th to discuss the city's police services' failure to conclude the murder investigation that's been stayed since three officers were charged with misconduct in 2004.
Launching a civil lawsuit against Kenora Police Services is Margaret and Isaac Kakegamic's last resort to find justice in the death of their son.
North Spirit Lake First Nation community member Max Kakegamic was killed on the streets of Kenora, ON October 4, 2000. When the case went to trial January 2004, charges against the only suspect were stayed because of irregularities in the investigation. Kenora Police Service (KPS) officers Lloyd White, Tom Favreau, and Chris Ratchford were cited for police misconduct in a February 2004 ruling by Superior Court Justice Peter Hambly.
KPS confirmed with NAN shortly after the 2004 judgment the investigation into the death of Max Kakegamic would not proceed.
In January 2007 Ontario’s Chief Coroner denied the family’s request to hold an inquest.
Julian Falconer is legal counsel representing the family
Posted by: Communications and Media jyoung@nan.on.ca.
+++++++++++++
From Kenora Miner and News ...
Kakegamic family files $9.9-million lawsuit
By Dan Gauthier - Miner and News - Thursday April 12, 2007
The Kenora Police Service is facing yet another lawsuit related to the unsolved October 2000 murder of Max Kakegamic in Kenora, this time from the victim’s family.
Following a deputation to the Kenora Police Services Board Wednesday at city hall, criticizing the board for a lack of action against those responsible for the botched investigation into Kakegamic’s murder, Toronto lawyer Julian Falconer announced the family had filed a civil suit in Toronto on Tuesday, seeking $9.9 million in damages.
There is already a $5-million civil lawsuit against the board and several Kenora Police officers, filed by the former suspect in the murder, Justin Carambetsos, and his parents in 2005, citing malicious prosecution and a breach of Charter rights.
Charges of manslaughter against Carambetsos were stayed in February 2004 by Justice Peter Hambly, who cited police misconduct during the investigation for his ruling.
Max Kakegamic was found dead at the corner of Third Street South and Matheson Street in Kenora on Oct. 4, 2000. An autopsy determined that the 28-year-old had bled to death after a blow to the neck.
The plaintiffs in the family’s lawsuit include Max’s parents Margaret and Isaac Kakegamic (Kakekagumick), his widow and child, as well as several brothers and sisters, most of who are from North Spirit Lake First Nation.
The defendants named are Kenora Police officers Tom Favreau, Lloyd White, Chris Ratchford, former chief George Curtis and the Kenora Police Services Board.
Falconer said the suit sues for negligent investigation by the Kenora Police, as well as differential or discriminatory policing for aboriginals versus non-aboriginals.
“It’s a systemic failing within the system,” said Falconer.
“A systemic failing that leaves aboriginal communities receiving a different level of policing than the rest of the communities.”
Falconer said the suit isn’t about how much money the Kakekagumick family can get, it’s about trying to get some accountability and some answers as to why the murderer of their son was not found.
Falconer noted that the family was denied an inquest by the Chief Coroner of Ontario in January, the key officer in the investigation -- Favreau -- retired before his hearing late last year, and Carambetsos’ trial was stayed in 2004.
“This lawsuit has been started because all other remedies, all other channels, have failed,” said Falconer.
He also claimed the Kenora Police Services Board was aware of the systemic racism against aboriginals in the local police service, and should have taken steps to address it.
“And they may well be legally obligated to,” said Falconer, who cited a Supreme Court of Canada ruling to support his position.
“They certainly are morally.”
Although several parties were named in the suit, the family’s concern focused on the lack of disciplinary action against Favreau, the lead investigator.
Falconer said Favreau was in charge of a case that “went not just sideways, it absolutely tanked.”
He noted how Favreau was removed from the case, but was never disciplined, as he elected to retire the day before his disciplinary hearing was finally set to be heard.
“There is a serious flaw in how this matter unfolded,” said Falconer.
He questioned the Kenora Police Services Board why it took five years to bring Favreau before a disciplinary hearing, if he was allowed to collect a salary and continue his duties during that time, and why he could retire before the hearing with no consequences regarding his misconduct.
“Sgt. Favreau should have been brought and made accountable,” said Falconer. “This should not have unfolded the way it did.”
Max’s mother, Margaret Kakegamic, also addressed the police services board on Wednesday, with a portrait of her son displayed on a seat next to her.
She said she found it hard to believe that after five years nothing was done to Favreau, even though his misconduct had been brought to the board back in 2001. She also questioned why no one ever officially acknowledged the wrongdoings that took place in her son’s murder investigation.
“I ask you the board, how can that happen? Why was there no justice for me and my family?” Kakegamic asked.
In addition to family members and supporters from the public, Treaty 3 Grand Chief Arnold Gardner and Nishnawbe-Aski Nation Deputy Grand Chief Alvin Fiddler attended Wednesday’s deputation in support of the Kakegamic family.
“These kinds of activities are not going to be tolerated in our territory. We’re going to do something about it,” said Gardner following the deputation, noting that Treaty 3 is organizing action groups to address racism issues in the local justice system.
Fiddler encouraged Treaty 3 and the community to continue with these initiatives to address racism issues, but added that the Kenora Police Services Board also needs to to address the “injustices of the past.”
“In our eyes, and in the eyes of many First Nation people, there is not greater injustice than what happened to Max Kakegamic and his family,” said Fiddler.
“The system has failed them at every level, at every turn, and they have no choice but to start a lawsuit.”
Encouraged from the 4th Annual Youth Symposium on Culture, Tradition, and Language
Community youth councils/groups in unity across Turtle Island are making a commitment to begin an annual Spring Cleansing of our communities and surrounding environment.
Contact your local youth council/group and receive support from your local Politicians, Chief and Councils.
Things to Bring: First Aids, Garbage Bags, Gloves, Hats, Rubber Boots, Safety Cones and Vests, Snacks, Sticks (Trash Pickers), Sun block, Water, Weather Permitted Equipment and Gear and a loving heart.
For more information, please contact OFNYPC member
Arnold Norman Yellowman by email
arnoldyellowman@netscape.net Or
Laura Calm Wind, COO Youth Coordinator
at 1-807-626-9339 or by email at laura@coo.org