Pack the Cayuga Courthouse on March 19!

Resist the Criminalization of Indigenous Land Defenders!

by Laura Lepper

For information about the March 19 court support for Francine “Flower” Doxtator click this link.

In March and July 2013, two Six Nations women Francine “Flower” Doxtator and Theresa “Toad” Jamieson will be dragged through the Canadian courts once again for their defense of their nations’ lands. These women, along with other Six Nations land defenders, have consistently maintained that the Canadian courts do not have jurisdiction over Haudenosaunee peoples.

As these Haudenosaunee land defenders face the courts, they assert that the courts violates both the Two Row Wampum treaty and the rightful law – the Great Law of Peace – of the stolen land on which the courthouse stands.  Toad stressed on December 12th, 2012 to the courts: “I don’t accept your law…See this Two Row wampum flag? There’s supposed to be separate ruling.”

Supporters at the Dec 12, 2012 court date for Toad (in front)

The charges against Flower and Toad stem from the provocations of anti-Native rights activist Gary McHale and the Ontario Provincial Police on the reclaimed land of Kanonhstaton located just outside of Caledonia, Ontario.  Kanonhstaton means “the protected place” in Kanienkehaka, the Mohawk nation’s language.

In 2006, Haudenosaunee people of Six Nations of the Grand River Territory reclaimed land in “dispute” for more than 150 years in order to stop development of a Caledonia subdivision on stolen land.

In reaction to the reclamation, Gary McHale and his followers, under the name of “Canadian Advocates for Charter Equality” (CANACE) set about a political movement against “native lawlessness,” “land claim terrorism,” and “race-based policing.” CANACE played a leading role in trying to establish a “Caledonia Militia” to stop land defenders.

Throughout the past year, several land defenders have faced charges and legal restrictions that have kept them from the reclaimed land of Kanonhstaton. Several of these charges have come as a result of provocations stemming from McHale’s incursion into Kanonhstaton.  On February 18th, 2012, escorted by OPP officers, McHale instigated conflict by marching towards the house on the reclaimed land; and on July 7th, McHale tried to grab onto land defender Sean Toulouse to place him under “citizen’s arrest.” As Toulouse pulled back, McHale called for the OPP to charge Toulouse with assault, which the OPP did.  This whole act can be seen on a YouTube video posted by McHale’s organization.

Throughout September 2012, McHale and his followers repeated this charade in order to criminalize more land defenders. Gary McHale was recently nominated by the Canadian Taxpayer’s Federation and awarded a Queen’s Jubilee Medal.

As part of a campaign to resist the racist criminalization of land defenders and the fight for Indigenous land rights and sovereignty as asserted by the Two Row Wampum, the CUPE 3903 First Nations Solidarity Working Group (Toronto), the Two Row Society (Toronto), Friends of Kanonhstaton (Niagara) and Grand River Indigenous Solidarity (Kitchener-Waterloo) organize a strong supportive presence each time that Flower and Toad face the courts.

Francine “Flower” Doxtator.

Criminalizing land defenders, disobeying treaties and violating Indigenous land rights is essential to the vested interests of the Canadian state to remove all obstacles to the exploitation of Mother Earth and her people.  McHale’s actions attempt to further pave the way towards this goal.

Uniting our struggles in defense of Indigenous land rights and the Two Row treaty builds powerful resistance to this goal of capitalist exploitation. Building a supportive force at each court date is one part of the relationship building, education and actions of resistance necessary to build the movement.

Join us for a rally, round dance and court support for Flower on March 19th at the Cayuga courthouse, and later in July 2013 for Toad.

About the Author: Laura Lepper is a non-Indigenous member of the Two Row Society, based on Haudenosaunee territory in Brantford, Ontario.

Indigenous, Ontario, Police & Prisons, Women

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