In Saskatchewan, Indigenous people are worried that a new trespassing plan may stoke racial tensions

Debbie Baptiste, mother of Colten Boushie, holds a photo of her son during a press conference on Parliament Hill in Ottawa on February 14, 2018.THE CANADIAN PRESS/Justin Tang

• The Saskatchewan throne speech last month included a reference to changing trespassing laws to ‘better address the appropriate balance between the rights of rural landowners and members of the public’

A Saskatchewan grandmother who was confronted by a farmer with a gun says changing trespassing laws probably won’t stop crime but could increase racial tension.

Angela Bishop, a Metis lawyer, was driving on a rural road in Alberta in September with her two grandchildren who are visibly Indigenous. They were looking for a place to get out, stretch and go for a short walk during a long drive to Edmonton.

She noticed a vehicle driving up behind her, so she stopped.

A man got out and started to yell at her to get off his road, she said, despite her attempts to explain why she was there. She said she spotted a gun inside his vehicle.

Terrified for her grandchildren, Bishop said she tried to drive away — but the man pursued her.

She eventually pulled over, called law enforcement and requested a police escort. Officers told her that, in fact, it was a public road and she could be there.

As a rural land owner in Saskatchewan, Bishop said she can sympathize with frustration about property crime, but a life is more important.

“My concern would be that they believe they are legally entitled to take the law into their own hands,” she said from Quintana Roo state in Mexico.

The Saskatchewan throne speech last month included a reference to changing trespassing laws to “better address the appropriate balance between the rights of rural landowners and members of the public.”

The government said in an emailed statement that Justice Minister Don Morgan is prepared to meet with Indigenous people to discuss their concerns.

The province has already sought public input on whether access to rural property should require prior permission from a landowner, regardless of the activity, and if not doing so should be illegal.

A lawyer representing the family of Colten Boushie, an Indigenous man fatally shot by farmer Gerald Stanley in August 2016, said she is worried the Saskatchewan Party government is engaged in political posturing which could stoke racial fear.

A Saskatchewan farmer was acquitted in the fatal shooting of a 22-year old Indigenous man. THE CANADIAN PRESS/Liam Richards

“Indigenous people aren’t feeling safe that the authorities or the police are going to protect them or that they are not going to be shot at,” Eleanore Sunchild said from Battleford, Sask.

“It seems like there’s more of an approval to take vigilante justice in your hands, and if you are an Indigenous victim, nothing is going to happen to the non-native that shot you.”

Stanley was acquitted of second-degree murder after testifying that his gun went off accidentally. He said he was trying to scare away young people he thought were stealing from him. The Crown decided not to appeal.

Sunchild said the throne speech sends the message that the farmer was right to shoot the Indigenous man and that trespassing fears are justified.

Sunchild wonders what advice she would give her own children if they have car trouble or need help on a rural road.

“Do I tell them to go ask a farmer? I don’t think so.”

Heather Bear, vice-chief of the Federation of Sovereign Indigenous Nations, said the Boushie trial and provincial response have many Indigenous people feeling afraid.

The Canadian Press

[SOURCE]

Family of Colten Boushie files lawsuits against Gerald Stanley and RCMP

Gerald Stanley walks out of North Battleford provincial court after his first preliminary hearing on April 3, 2017. (Saskatoon StarPhoenix)

Almost two years after the fatal shooting of Colten Boushie his family has filed lawsuits against Gerald Stanley and the RCMP seeking total damages of more than $1.86 million.

The Star Phoenix reports, Boushie’s mother, Debbie Baptiste, and two of Boushie’s brothers are named as plaintiffs in the lawsuit against the RCMP. Baptiste is the lone plaintiff in the lawsuit against Stanley.

Boushie, 22, was shot and killed on Aug. 9, 2016 while sitting in the driver’s seat of an SUV that was driven onto Stanley’s farm near Biggar, Sask.

In February, Stanley was found not guilty of second-degree murder in the death of Boushie.

According to a statement of claim filed late Wednesday in Saskatoon Court of Queen’s Bench, the lawsuit against Stanley claims the “death of Colten Boushie is a direct result of the negligent, reckless or intentional acts of the defendant, Gerald Stanley.”

In the suit, the family claims Stanley failed to assess or monitor the risk of the situation and failed to contact police to deal with any potential risk. In the lawsuit, the family claims Stanley then used “excessive force when it was uncalled for,” shot Boushie at “point blank range” in the back of his head when he wasn’t a threat and did not administer or call for any medical assistance. It also says that Stanley’s wife, Leesa, is a registered nurse and didn’t take any action to provide life-saving measures.

The suit is seeking over $400,000, including $30,000 in damages to be paid directly to Baptiste, $20,000 in funeral expenses, $60,000 in grief counselling, $60,000 in out-of-pocket expenses, $100,000 in lost employment earnings for Baptiste, and $200,000 in “aggravated, exemplary and punitive damages to be proven at trial.”

Debbie Baptiste, the mother of Colten Boushie, holds a photo of him outside provincial court in North Battleford on April 6, 2017. (CTV Saskatoon)

A separate court filing by the family is also calling for $1.45 million in damages to be paid by members of the RCMP.

The lawsuit lists seven RCMP officers as defendants, along with the Attorney General of Canada, and alleges they conducted an “unlawful search” of Baptiste’s home the night of Boushie’s shooting.

The plaintiffs claim the RCMP “deliberately engaged in discrimination by subjecting three proud members of the Red Pheasant First Nation to ridicule, unlawful searches, and humiliating breath tests.”

None of the claims made in the lawsuit have been proven in a court of law.

The defendants have 30 days to respond.

In a statement to media, RCMP said “Our sympathies remain with the family and friends of Colten Boushie, who have suffered such a tragic loss.”

“We are fully cooperating with the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC). The CRCC is investigating the death of Mr. Boushie and the events that followed, including the next of kin notification, the search of the family residence, and the dissemination of media releases. The RCMP’s handling of an initial complaint filed by a family member is also under review by the CRCC,” the statement reads.

RCMP said they had no further comment on the lawsuit, since it was before the courts.

Sask. justice minister says he expects law to be enforced, legislature teepee to come down

The teepee went back up before 7 p.m. CST on Thursday, which was National Indigenous Peoples Day. (Janani Whitfield/CBC)

Don Morgan says Justice for Our Stolen Children camp cannot continue at legislature grounds

One day after a teepee in front of the Saskatchewan Legislature was re-erected, Justice Minister Don Morgan said he expected police to enforce the rule of law, and that the grounds are not intended for overnight camping.

“The facilities just aren’t there for that. We expect that the police would take steps to resolve that and they have,” he said of the police response on June 18, when the teepee was taken down and six people were arrested for obstruction.

The Justice for our Stolen Children Camp was spurred by the acquittals of Gerald Stanley and Raymond Cormier in the Colten Boushie and Tina Fontaine murder trials, respectively.

Three Regina Police Service officers carry a protester to a police vehicle on June 18. (CBC)

Founders of the camp said the intention was to draw attention to Indigenous lives lost or affected by factors like violence, foster care or addictions.

On Thursday — National Indigenous Peoples Day — the camp was re-erected and it remained standing at the site into Friday.

Morgan said he wouldn’t comment on police operations or why they had not dismantled the camp again.

“I would have thought it would have been dealt with now but they’ve indicated it may not be for a short period of time, and we leave it to them to make those calls.”

Police have said they have not taken any enforcement action yet, but are having discussions with all involved parties.

On National Indigenous Peoples Day, protesters held signs showing pictures of police arriving to dismantle the Justice for Our Stolen Children teepee at the Saskatchewan Legislature grounds. (Eagle from Sakimay First Nation/Justice for Our Stolen Children)

Camp organizers have requested meetings with government officials at the site and in the teepee, but Morgan said it wouldn’t be the appropriate site to discuss matters like specific cases of child welfare, even as he committed to having a dialogue with camp organizers.

The legislature and the teepee

Supporters of the camp gathered outside the legislature, with more than one calling attention to the contrasting sights of the legislature and the teepee.

“I don’t really see why it’s such a big issue to this government and to this authority that this teepee is here,” said Chief Nathan Pasap of White Bear First Nations.

“You have a huge building right there behind you, folks — the Saskatchewan Legislature.”

Chief of the Federation of Sovereign Indigenous Nations Bobby Cameron attended the Justice for Our Stolen Children Camp Friday, calling the teepee our house,’ while the government has its own house in the legislature. (CBC News)

The justice reform camp organizers are calling for is sorely needed in the aftermath of the Boushie and Fontaine cases, he said.

“It’s sad that such a simple thing, a call out for help, such as a teepee and someone camping in it, is such a wrong in a country as great as Canada, as resource rich as Canada is.”

FSIN talks meeting with Moe

Bobby Cameron, chief of the Federation of Sovereign Indigenous Nations, was also at the camp, adding his voice in support of First Nations children and calling for them to be able to access good education, care and housing.

“As First Nations people, we will go the distance politically and legally to ensure our First Nations children are protected and that they have the best opportunities in life to succeed,” he said.

Cameron noted he and the government have been in contact, and he hoped to arrange a meeting between government officials, including Premier Scott Moe and Morgan, and camp organizers.

Camp not appropriate, says Morgan

Morgan said he would like to narrow down what protesters are asking for and what actions were within a provincial, rather than federal, scope.

When asked if there was a way for both the protesters and the government to find a mutually agreeable compromise, Morgan suggested that a sign or a protest that took place on the sidewalk would be ways for people to exercise their rights in a free and open democracy.

“A camp that doesn’t comply is something that just doesn’t work.”

CBC News · Posted: Jun 22, 2018

[SOURCE]

Sask. government says Indigenous camp near legislature will ‘disrupt’ Canada Day events

The camp has been set up in front of the Legislature for almost 100 days. Now the provincial government has ordered the campers to leave. (Kendall Latimer/CBC)

Camp founder Prescott Demas says he has no plans to pack up

The province has issued an eviction notice to the Justice for our Stolen Children Camp that is set up in Wascana Park across from the Saskatchewan Legislature building.

The Provincial Capital Commission issued a notice to the group — in conjunction with the Ministry of Justice and Regina Police Service — that states the group must cease their activities under the Trespassing Act.

The notice says the tents, the teepee and all other property must be removed by 5:00 p.m. CST Tuesday.

“I’m not leaving,” Prescott Demas, one of the founders of the camp, said Tuesdsay morning. “We want justices for our injustices.”

The camp was formed in the wake of the Gerald Stanley and Raymond Cormier acquittals, but the camp’s focus is on all Indigenous children and the issues faced by the community.

Prescott Demas is pictured at the camp on June 5, 2018 — just hours before the camp was supposed to be torn down by. (Kendall Latimer/CBC)

As of Tuesday, the camp had been set up for 98 days.

​”In the winter, it was so easy to dismiss us,” Demas said.

“But as winter turns to spring and spring turns to summer, they have events planned here. Now that pushes (them) to get us out of here.”

The government first issued notice on the first day of the camp, said Richard Murray, who is deputy minister of Central Services.

“To be honest with you, you know, we’ve kind of looked the other way for the last close to 100 days,” he said.

Prescott Demas said he wasn’t surprised to see the notices stapled to the trees around the camp. (Kendall Latimer/CBC)

Government cites Canada Day concerns

Murray said the government has acted now because of upcoming events and the security team scheduled to work Canada Day raised concerns.

There are several activities like a pancake breakfast, a human flag and beer gardens planned for July 1, so the camp’s presence is “extremely disruptive to Canada Day events and you know, we’re just not looking forward to having to move an event that frankly fills the entire park.”

“It’s disruptive. We’re worried about security of everyone in the park on Canada Day and that’s probably an unneeded disruption there.”

Murray spoke with reporters prior to the 5 p.m. deadline and said an “appropriate course of action” would be decided come 5 p.m. should the group remain on the grounds.

Demas said there was an attempt made to meet with government last week  but officials declined to meet in the teepee.

“That was — is — considered to be an inappropriate meeting location on our side,” said Murray.

The government told the group to leave the day the camp was set up, said Richard Murray, deputy minister of Central Services. (Craig Edwards/CBC)

“The teepee in our minds is an illegal activity in the park.”

Murray said he suggested meeting at the Wascana Place as a “neutral location” because it wasn’t the Legislature Building.

He said he is aware the campers don’t plan to leave, but is “hopeful” they will change their minds.

The group could face criminal charges under the Trespassing Act if they don’t, Murray said.

Deputy Minister of Central Services Richard Murray said five events planned for the park were relocated because of the camp. (Craig Edwards/CBC)

Demas said he doesn’t know how long the camp will stick around and is calling on the government to listen to what the group is saying.

“This is all stolen land. That’s how I feel about it,” Demas said.

Kendall Latimer · CBC News

[SOURCE]

Crown says it won’t appeal not-guilty verdict in Gerald Stanley trial

Gerald Stanley enters the Court of Queen’s Bench for the fifth day of his trial in Battleford, Sask., on Feb. 5, 2018.

The Crown says it won’t appeal the acquittal of a Saskatchewan farmer who was accused of fatally shooting a young Indigenous man in the head.

Last month, a jury found Gerald Stanley not guilty of second-degree murder in the death of Colten Boushie, who was 22 and from Red Pheasant First Nation.

The Crown says a verdict can’t be appealed because people don’t agree with it or because there may be questions about the investigation.

“The Crown can only appeal legal errors in the course of the trial,” senior prosecutor Anthony Gerein said Wednesday at a news conference.

The trial heard that Boushie was one of five young people who drove an SUV into Stanley’s farmyard near Biggar, Sask., in August 2016. Those in the SUV testified they were looking for help for a flat tire while Stanley told the trial he thought the youths were trying to steal an all-terrain vehicle.

Stanley testified he fired warning shots to scare them away and the gun accidentally went off again when he reached for the keys in the SUV’s ignition.

The case was filled with racial tension from the beginning and the verdict was met with outrage from Boushie’s relatives and their supporters.

Family members met with federal ministers along with Prime Minister Justin Trudeau to ask for changes to the justice system and to how juries are selected to better reflect Indigenous people.

Protests were also held around Canada to voice displeasure with the outcome of the case.

“I know there is much sadness about the decision not to appeal, but there can be no appeal because the law does not allow it,” Gerein said.

He said the Crown did not consult with the Boushie family about the legal decision. But Gerein spoke to lawyers on both sides and they informed their clients, he said.

Boushie’s cousin, Jade Tootoosis, has said that the family felt excluded and ignored by the justice system following the shooting.

“I urge no one to be discouraged or distrust the system. We are all in this together and must be united against crime and in the search for justice,” Gerein said.

“Complainants need to come forward when they have been wronged. Witnesses need to come to court and testify, sharing the truth. Good men and women will convict where they are sure it is right.”

On Tuesday, the Civilian Review and Complaints Commission launched a review into the RCMP’s investigation into the shooting.

The Canadian Press

[SOURCE]