Heiltsuk Nation Goes Public With Human Rights Complaint Against Canadian Tire Alleging Racist Treatment of Indigenous Customers; Chief Says "Trust Has Been Broken"

Complaint and request for additional disclosure seek systemic change at the company, which recently boasted about its Newsweek ranking as "the most trustworthy Canadian retailer."

COQUITLAM, BC, Oct. 1, 2024 - Richard and Dawn Wilson, father and daughter, are going public today with a BC Human Rights Commission complaint they have filed against Canadian Tire Corporation and Blackbird Security Inc., for incidents of alleged racial profiling and racism they experienced at a store in Coquitlam while shopping.

The complaint includes a request for additional disclosure of security footage to shed additional light on what happened. Video of Richard and Dawn sharing their story has been posted to the Heiltsuk Tribal Council's YouTube channel.

"It was really hard to see my dad racially profiled at Canadian Tire," said Dawn Wilson, CEO of an Indigenous marine search and rescue organization. "It was uncomfortable, it was shameful, and it was just wrong. I wish I had stood up for him right when it happened. Unfortunately, it took four different times of reaching out to Canadian Tire after the fact, before someone even acknowledged what had happened, and we have been waiting for a resolution ever since."

Richard and Dawn are members of the Heiltsuk First Nation. According to the complaint, on January 17, 2019, they purchased new tires for installation at the Canadian Tire store at 1200 Sequin Drive in Coquitlam, BC and shopped in-store while they waited. At the checkout, a security guard, employed by Blackbird Security, asked to search Richard's backpack, despite other customers freely entering and exiting the store while also wearing backpacks – an embarrassing and demeaning experience.

The complaint further alleges that when picking up her car, Dawn explained to one of the mechanics what had happened. The mechanic then proceeded to share a racist story about how his dad taught him the "difference between a Native and an 'Indian'" which caused Dawn to cry, and another Canadian Tire employee to apologize for what had happened, shortly afterwards. 

Resolution of the complaint is long overdue. It was only recently that lawyers for the Heiltsuk Nation got involved, and Canadian Tire has been unwilling to meaningfully engage in resolution efforts, since.

"Trust has been broken," said Marilyn Slett, elected Chief of the Heiltsuk Nation. "Canadian Tire had no reason to search Richard's backpack, except that he looked Indigenous. The racist 'lesson' that was shared with Dawn was disgusting and shows just how much work Canadian Tire must do before it can earn back the trust of Indigenous customers and people of colour. Truth and reconciliation require they admit what happened and ensure it never happens again."

In its 2023 ESG report, the company claims a commitment to, "…building and sustaining a relationship with Indigenous peoples based on respect, dignity, trust and cooperation", as well as a commitment to, "…acknowledging the truth and advancing reconciliation" (p. 4).

The Heiltsuk Nation takes incidents of racism and discrimination against its members very seriously. This is the third complaint filed in recent years against a major corporation by a member of the nation for human rights discrimination, with Maxwell Johnson and Sharif Bhamji filing complaints for separate episodes of racial profiling and human rights violations.

Interview footage and b-roll of Richard and Dawn Wilson at Canadian Tire and spending time in their community garden can be found at www.strongascedar.ca and is also available upon request.

To arrange interviews: Marilyn Slett, Chief Councillor, Heiltsuk Nation, 250-957-7721; Ruben Tillman, Counsel for Heiltsuk and Richard and Dawn Wilson, 604-908-0415

BC Human Rights Commissioner Urges Vancouver Police Board to Work with Heiltsuk Nation and Have an Apology Ceremony

Heiltsuk and Maxwell Johnson welcome new report which recognizes urgent need for an Apology Ceremony before work to reform police practices and fight systemic racism can begin.

VANCOUVER, BRITISH COLUMBIA (March 6, 2024) – BC’s Human Rights Commissioner, Kasari Govender, released an interim report today on progress under the historic settlement that was agreed to between Maxwell Johnson and the Vancouver Police Board (VPB) after Mr. Johnson and his granddaughter were detained and handcuffed by Vancouver Police constables on a busy downtown street after they visited a Bank of Montreal in December 2019.

The Commissioner is a third-party reviewer of the VPB’s progress under the agreement, which includes:

1)    Terms for a collaborative effort between the VPB, Heiltsuk Tribal Council, and the Union of BC Indian Chiefs to reform policing policies to ensure policing practices are anti-racist and non-discriminatory, so that what happened to Mr. Johnson and his granddaughter doesn’t happen to anyone else.

2)    A requirement that the VPB “exercise best efforts” to ensure the constables attend an Apology Ceremony.

A summary of the original settlement terms is available here.

Heiltsuk is not aware of any “best efforts” made by the VPB, and the constables didn’t show up to a planned Apology Ceremony in October 2022. Since then, the relationship between the VPB, Mr. Johnson, and Heiltsuk Nation has broken down. As the report recognizes, this has stalled the critical anti-racist policing reform work under the agreement.

“I strongly urge the parties to refocus their efforts on building a respectful relationship by facilitating an Apology Ceremony that is agreeable to both parties and in accordance with Heiltsuk law so that the important work of Part C [reform talks] can proceed… This Agreement represented an important step forward in the relationship between Indigenous peoples and police in this province, with a precedential impact that could stretch far beyond the parties involved” (page 15 of the Commissioner’s report, available here).

Heiltsuk Nation and Mr. Johnson welcome the Commissioner’s report and hope it prompts the VPB to work with the Heiltsuk to ensure the constables finally attend an Apology Ceremony, so that the collaborative policing reform work under the agreement can proceed.

“Our nation has been trying for more than a year to get the constables to come to an Apology Ceremony and apologize to Max and his granddaughter in a culturally appropriate way, under Heiltsuk law,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “The Commissioner’s report affirms that ‘an apology ceremony in accordance with Heiltsuk law is necessary’ before we can move forward with the other critical anti-racism reform work entailed in the agreement.”

To arrange interviews:

Marilyn Slett
Chief Councillor
Heiltsuk Nation
250-957-7721

Ruben Tillman
Legal Counsel
604-908-0415

Heiltsuk Nation Commences Civil Action Against Canada Over Closure of 2022 Herring Spawn-on-Kelp Fishery

Nation seeks declarations and damages over decision that infringed their rights and had a devastating impact on the community.    

BELLA BELLA, BRITISH COLUMBIA (Feb. 27, 2024) - Heiltsuk Nation has commenced a civil action against the Government of Canada in BC Supreme Court, alleging infringements of Heiltsuk Aboriginal rights caused by a unilateral decision made by Fisheries and Oceans Canada (DFO) to prohibit the commercial harvest of herring spawn-on-kelp (SOK) in Heiltsuk Territory in 2022.

Download a copy of the claim here.

The civil claim, which names the Attorney General of Canada as the sole defendant, has been sent to Canada, and was filed with the Supreme Court of British Columbia’s Vancouver registry in mid-December. Heiltsuk Nation alleges in the claim that in early 2022, about one month before the start of the season, DFO prohibited all commercial SOK harvest on the Central Coast, contrary to a management plan jointly developed by DFO and Heiltsuk Nation.

Heiltsuk Nation alleges that DFO’s unilateral decision to close the commercial SOK fishery unjustifiably infringed Heiltsuk Aboriginal rights to manage and harvest SOK, harming the economic security and the cultural, spiritual, and physical health and well-being of the nation. Heiltsuk Nation is asking the court to order damages and issue declarations regarding Canada’s infringement of Heiltsuk rights.

“We did not take the decision to commence legal action lightly,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “We have worked hard to build trust and collaboratively manage herring stocks in Heiltsuk Territory with DFO, however the unilateral decision to close our commercial SOK fishery seriously undermined those efforts and infringed our rights. We will move this claim forward, on behalf of our people, with the attention it demands.”

Since 2016, Heiltsuk Nation and DFO had jointly managed the herring fishery in Heiltsuk Territory, collecting and sharing data and analysis, and making a joint management recommendation to the Minister of Fisheries and Oceans each year. In 2022, however, the Minister declined to follow that recommendation, surprising Heiltsuk, and undermining incremental reconciliation agreements that had been signed between Canada and Heiltsuk under the banner of “Haíɫcístut,” a Heiltsuk word which means, “to turn things around and make them right again.”

“It was only a few years ago that Heiltsuk resolved a claim against the Government of Canada for past infringements of our rights to fish herring spawn-on-kelp, so we are frustrated to have to take this step again,” said Hemas Harvey Humchitt, a Hereditary Chief of the Heiltsuk Nation. “Respect for joint management is a critical part of the reconciliation agreements we have signed with Canada. We are hopeful this can be made right, and that we can return to walking the path of Haíɫcístut once again.”

Heiltsuk Nation members are the rightful stewards of their territory and have managed Pacific herring sustainably since time immemorial. Unlike sac roe herring fisheries, the SOK fishery does not cause fish mortality and is self-limiting because it is only viable when there is abundant spawn in the harvest area. The commercial SOK fishery is much more than an economic lifeline for Heiltsuk Nation. Herring has been the cornerstone of Heiltsuk culture for thousands of years. In 1996, in a case known as R. v. Gladstone, the Supreme Court of Canada confirmed Heiltsuk Nation’s constitutionally protected Aboriginal right to commercially harvest SOK.

Contact Information:

Marilyn Slett
Chief Councillor
Heiltsuk Nation
250-957-7721

Andrew Frank
Heiltsuk Tribal Council Communications
604-367-2112

Inconvenienced by Indigenous rights blockades? Thank Premier Horgan for your troubles

BC NDP’s ongoing failure to respect the need for Indigenous consent is undermining reconciliation efforts across the country. 

NOTE: A version of this article was published by the Georgia Straight here.

A little over a year ago, during one of my environmental legislation classes, I showed my students a picture of RCMP officers storming a Wet'suwet'en checkpoint and forcibly arresting land defenders. “Who is breaking the law in this picture?” I asked. “We are,” said my students, almost in unison. Instinctively and intellectually, they understood that what they were seeing in the picture was wrong, and that Indigenous laws that predate the creation of Canada were being violated.

Fast forward a year, and the same images, issues and reckless and lawless behavior by the BC government and its RCMP enforcers, continues, only now it has sparked a national protest movement for Indigenous rights and title that is being felt across the country, and is putting pressure where it hurts most for colonial governments: on the economy. As Canadians look for answers, Premier Horgan and his Ministers continue to play political hot potato with the feds, courts, RCMP (anyone). Oh, and they’re not too happy about it.

It is the height of hypocrisy for Premier John Horgan to chide protestors for shutting down the pomp and circumstance of his throne speech, or blockading roads and rail lines without permission, when it is his government that has sent the RCMP on a wild goose chase, trampling on consent through Wet'suwet'en territory to clear the decks for LNG Canada, a heavily subsidized multinational pipeline and LNG export megaproject which will make it very difficult for BC to meet its climate targets.

Mr. Horgan and his Ministers knew (or ought to have known) exactly where this was all heading when they granted a five-year extension of the Coastal Gaslink pipeline’s Environmental Assessment Certificate in the fall, despite multiple instances of non-compliance by the company in meeting the conditions of its certificate. If they had chosen, they could have withheld this extension and saved us all of a lot of grief.

More significantly, Mr. Horgan’s government could also amend provincial laws, including the Environmental Assessment Act, to actually require Indigenous consent. They have promised to do this through Bill 41, incorporating the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and its core concept of Free, Prior and Informed Consent (FPIC) into BC’s provincial laws. The only problem is Mr. Horgan doesn’t want to require consent retroactively (and perhaps not in the future either). “Just one more project” seems to be the common refrain from this government. Witness their decision two years ago to continue building the Site C dam against the wishes of local Indigenous nations, a massively damaging undertaking that many have linked directly to powering the LNG Canada project.

In one of his recent media lectures to British Columbians and Canadians who have seen their daily lives upended and economy crippled by protests and blockades, Mr. Horgan said that Indigenous groups in Ontario who have been blocking rail lines “haven’t got a clue, quite frankly, for how complex these issues are.” Setting aside his increasingly disrespectful and condescending language, Mr. Horgan’s claim is, quite frankly, BS.

To be sure, there is a complex issue of governance to be reconciled by the Wet'suwet'en themselves between their Hereditary Chiefs and elected band councils (which were a forced creation of the colonial Indian Act), but that is something only they can resolve. What is not complex, and does not require one to be a brain surgeon to understand, is that it is irresponsible and unethical, as Mr. Horgan and his government have done, to continue approving and actively abetting the construction of a pipeline through the unceded territory of a First Nation that is grappling with a divided system of governance. These are the well-worn divide and conquer tactics of colonialism.

Despite this manipulation, and everything they have been through, Indigenous Nations continue to show true leadership to the rest of Canada. The Wet'suwet'en have recently announced they may be making moves to begin bridging the governance issues between their Hereditary Chiefs and elected councils through a potential all-clans meeting. This is something they are undertaking on an emergency basis due to the escalating crisis manufactured by Mr. Horgan’s government, and successive BC and Canadian governments, who have kicked the can of consent, and actually dealing with Indigenous rights and title, further down the road.

The protests and blockades that are gripping Canada today were entirely predictable and avoidable. They were incited by a cynical calculus made by the BC government (also endorsed by the federal government), that a $40 billion dollar LNG megaproject and the pipeline to feed it, were worth trampling on Indigenous rights and title once more. The new protests, blockades and deep damage being done to the work of reconciliation and the Canadian economy, may finally be changing that calculus.

Let’s hope Premier Horgan and his government move away from their position of feigned indignation while hiding behind court injunctions and RCMP enforcement, and take up the actual political power they have to give the Wet'suwet'en the time, space and resources they need to reconcile their governance systems. This is work that should be undertaken, if the Wet’suewt’en so choose, without having energy companies and governments breathing down their neck, pressuring resolution through offers of money, or failing that, RCMP invasion.

When and if the Wet'suwet'en have reconciled their governance systems, and are ready to contemplate industrial development in their unceded territory, they will let the rest of us know. Reconciliation will not happen under the barrel of a gun.

In the meantime, the next time you’re stuck in traffic due to a protest, or your local Canadian Tire is running short of something due to a rail blockade, you can thank Premier John Horgan and his government’s ongoing failure to respect the need for Indigenous consent.

Andrew Frank is a public relations and environmental protection instructor at Kwantlen Polytechnic University, which is named after the Kwantlen First Nation.

Braveheart Parody Asks British Columbians to Take a Chance on Proportional Representation

Viral video has been viewed more than 38,000 times, reaching nearly 80,000 viewers in just over two weeks.  

RICHMOND, BRITISH COLUMBIA (Nov. 28, 2018) – A bad lip reading parody of the movie Braveheart, has struck a silly and democratic chord with British Columbians, tallying more than 38,000 views and thousands of comments, reactions and shares on Facebook in just over two weeks.

BraveVote, a spoof movie trailer, was voiced and produced by Kwantlen Polytechnic University Public Relations & Environmental Protection Technology instructor, Andrew Frank, and was inspired by the American “Bad Lip Reading” series on YouTube.

“At the beginning of BC’s referendum on electoral reform, I remembered that Scotland uses a system of proportional representation, and the idea of doing a take-off on Braveheart flowed from there,” said Frank. “I wasn’t sure if other people would find it funny, but my phone has been lighting up with shares and comments ever since I posted the video on Facebook.”

Humour aside, the video has sparked hundreds of educational discussions about proportional representation, and hundreds of viewers have re-posted the video, encouraging their friends and family to vote.  

A high resolution copy of the video is available for media use:  https://www.youtube.com/watch?v=B4ecuRU8s_8
 

For more information:

Andrew Frank
Public Relations & Environmental Protection Technology Instructor
Kwantlen Polytechnic University
604-367-2112

Let's Bring BraveVote to the Masses!

With tens of thousands of video views in just a few days, BraveVote has struck a democractic chord with British Columbians, but there are millions of citizens who haven’t seen it yet.

Each $1 donated buys an ad boost on Facebook, reaching up to 350 citizens who can share the video too. Let’s fight together for proportional representation and our FREEEEEEDDOOOOMM!!!

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Pipelines In British Columbia: What's Behind the Controversy?

I had the real pleasure and honour of giving a public talk at Science World this evening on the topic of pipelines as part of the Science World Speaker Series (the next talk is on November 27th, and is titled, "The Unexamined Life Is Not Worth Living: Science, Skepticism and Evidence in the Age of 'Alternative Facts'"). We had over eighty in attendance and the audience contributions and efforts to explore the values and interests that underpin opposing pipeline positions was valuable and inspiring. Thank you to everyone who came out, including my fellow EPTers and KPU colleagues! Special thanks to those who provided feedback on the presentation so that I can refine it for future talks. Despite the seriousness of the topic, I had a lot of fun, and I hope you did too.

As promised, here are the PowerPoint slides I used, free for public consumption (please note, I don't have copyright for all images/graphics used, and I rely on the Fair Dealing provisions of copyright for educational purposes).

Also, if you're interested, I did an interview this morning with CKNW radio as a preview to tonight's talk, and we touched on some related pipeline issues. The interview starts at Chapter 4 of the audio file titled, "Feds Join the Fight, Union Work & Defusing Pipeline Politics." Have a listen and let me know what you think.

Finally, if you've read this far, I'll leave you with the conclusion I intended for tonight's presentation but didn't quite get to (we had a lot to talk about): 

A mediated solution between the opposing pipeline positions may not be possible, but those involved in the pipeline debate have not yet deeply listened to the other side, or explored their respective interests and values.

By focusing on interests and shared values we open the door to a clearer picture of future possibilities and the prospect of a collaborative future.

Indigenization Time Release - Researcher's Statement

I recently applied for and was selected for a time release position to support Indigenization efforts in the School of Business at KPU. I applied for the position as a non-indigenous ally with a precondition: If there was an applicant with an Indigenous background, or someone with more experience, I would respectfully withdraw my application. Unfortunately there was not an Indigenous applicant for the position (a sign of the work ahead).

In taking on this work, I'm offering myself as a settler helper - an intermediary who can collect and coordinate information and planning that is led, inspired and informed by the Kwantlen, Musqueam, Katzie, Semiahmoo, Tsawwassen, Qayqayt and Kwikwetlem peoples whose unceded territories we work, study and live in ("Territorial Acknowledgement," n.d.). My work is guided by the maxim "Nothing about us, without us." This means building relationships with Indigenous nations, taking guidance, and working from scratch on means of Indigenizing not only our curriculum and teaching, but our institutional culture and operations as well.

I am mindful that Indigenization is a process of institutional decolonization, and that decolonization is a distinct and sovereign project, different from other human rights and civil rights-based social justice projects (Tuck & Yang, 2012). Tuck and Yang offer a clear and critical reminder to maintain the integrity of decolonization (and by extension Indigenization efforts):

Decolonization brings about the repatriation of Indigenous land and life; it is not a metaphor for other things we want to do to improve our societies and schools. The easy adoption of decolonizing discourse by educational advocacy and scholarship, evidenced by the increasing number of calls to "decolonize our schools," or use "decolonizing methods," or "decolonize student thinking," turns decolonization into a metaphor." (2012, p. 1).

Guided by this reminder, as well as scholarship on restitution and reconciliation by Indigenous scholars like Dr. Taiaiake Alfred, I hope to contribute to meaningful Indigenization efforts in the School of Business that advance true decolonization, restitution and perhaps following those prerequisites, reconciliation.

This is work I am privileged to be doing. I know I will learn a great deal, and I am humbled by the generosity of the Indigenous elders I have already begun speaking with.

References

Kwantlen Polytechnic University. (n.d.). Territorial Acknowledgement. Retrieved from: http://www.kpu.ca/about/territorial-acknowledgement

Tuck, E. & Yang, K. (2012). Decolonization is not a metaphor. Decolonization: Indigeneity, Education & Society, 1 (1), 1-40.

Climate Crisis and Journalism: A Roundtable on Rethinking Media for Planetary Emergency

I'll be joining colleagues from SFU and members of the media in a roundtable discussion of the climate crisis and journalism this Monday. If you're interested in joining the discussion, come on down!

SFU Vancouver @ Harbour Centre, Room HC 7000; Monday 15 May, 5 - 7 pm

Questions for the panel

From organizer, Prof. Robert Hackett: What kind(s) of journalism (practices, institutions, policies) do we need to enable people, communities and governments to address the climate crisis effectively?  What can we learn from professional experience, and academic research concerning climate change? 

These are the questions for this panel, which takes as a starting point a new book, Journalism and Climate Crisis: Public Engagement, Media Alternatives, by R. Hackett, S. Forde, S. Gunster, and K. Foxwell-Norton (Routledge, 2017).  In part a product of the CCPA’s Climate Justice project, this book takes as a starting point the complicity of corporate news media in diverting humanity from the existential challenge posed by climate chaos.  The book’s main themes are these: 

While climate change is heavily under-reported relative to the scale of the problem, the key shortcoming of conventional news media is lack of, not information, but of agency, hope and efficacy.  Journalism needs to rethink its mission: it’s less about the informed citizen, and more about engaged publics – and mobilized social movements. 

In that light, journalism needs to complement its monitorial function (reporting on events and issues) with more emphasis on the facilitative role of promoting public discussion, and the radical role of identifying injustice, accessing marginalized voices, and advocating social change.  The latter two roles are particularly well-suited to the ‘alternative’ media, given their oppositional content, participatory production, engagement with communities and movements, and ownership and control independent of corporations and the petro-state. 

Still, no single type of journalism could meet all the demands of planetary crisis – or of democratic communication.  Previous experiments within ‘mainstream’ media, including Public Journalism and Peace Journalism, may also offer some valuable lessons for climate crisis communication.

Moreover, even within ‘western’ traditions, there are competing models of democracy, each emphasizing different roles for media. 

Democracy?  In an alarmingly short time, the global political environment appears to have shifted towards pulling up drawbridges, building walls, demonizing Others, and (to mix metaphors) scrambling for the lifeboats rather than collectively stopping the ship from sinking. 

Thus, climate crisis is arguably not just a matter of environmental degradation and economic systems, but also of political and communicative capacity.  For climate action, we need better democracy.  For better democracy, we need better media.  For better media, we need better media structures, including stronger independent media.  And for all these things, we need an active and engaged civil society.

With their combination of journalism experience and media scholarship, the panelists bring to bear their distinct perspectives on these themes.