Trial of Pihtikwahanapiwiyin (Poundmaker)

Summary

Pihtikwahanapiwiyin (Poundmaker) was brought to Regina for the trial in July 1885. He declared himself innocent, claiming he had done everything to stop the violence. However, the court wrongfully sentenced him to three years in prison. He has since been exonerated by the Federal Government for the wrongful conviction, and has gone from being viewed in Canadian society as a "trouble-maker" in the North-West Resistance to the great leader and protector he was. 


 

Result

Poundmaker served a year in prison at Stony Mountain Penitentiary in Manitoba. With poor health and broken spirit, he died shortly thereafter, on 4 July, 1886. It was because of this period of incarceration that Poundmaker's life ended so abruptly. 


 

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Date
1885-08-00

North-West Resistance: Mistahimaskwa (Big Bear) Wrongfully Tried

Summary

Mistahimaskwa and fourteen of his companions were prosecuted in Regina for treason-felony. He did not participate in the conflict and tried to stop hostilities. However, according to the judge, Mistahimaskwa should have left his band at the beginning of the violence. The judge Hugh Richardson sentenced him to three years.


 

Result

While incarcerated, Mistahimaskwa converted to Catholicism. After two years in the Stony Mountain Penitentiary, Mistahimaskwa was released (February, 1887), already ill. On January 17, 1888, he died on the Poundmaker Reserve. Since Mistahimaskwa never had a Reserve, his band became diasporic, dividing into other communities but continuing to maintain kinship ties.


 

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Date
1885-09-25

Freezing Deaths: The Starlight Tours

Summary

In the 90s and early 2000s, the Saskatoon Police Service faced public and legal scrutiny for practicing what became colloquially known as the "Starlight Tours." In summary, a Starlight Tour happens when an Indigenous person, frequently Indigenous men, is picked up by the police at night and abandoned outside of the city limits in subzero termpatures. An egregious abuse of power, tours were carried out in winter, and the men were left to freeze. This practice came to public eye after one man, Darryl Night, survived an attempted tour and filed a complaint against the SPS officers.

It was only after Darryl Night came forward that the deaths of Neil Stonechild, Rodney Naistus, and Lawrence Wegner were deemed suspicious. Because of existing prejudice and racism within the police force, it was assumed that these men had 'gotten drunk' and wandered off into the night. When Darryl Night came forward with his complaint, it triggered a demand for an independent inquiry into the deaths of Stonechild, Naistus, and Wegner. The two officers implicated in the Darryl Night case were found guilty of unlawful confinement and were fired from the police force and sent to jail for a minimum sentence. The Wright Inquiry into the death of Neil Stonechild implicated the Saskatoon Police Service in the death of Stonechild. It found that their initial investigation was superficial and completely inadequate. Justice Wright also determined that Stonechild was in the care of the police the night of his murder and they were ultimately at fault for his death, though no officers have ever been formally charged. The inquiries into the deaths of Naistus and Wegner made no conclusive statements, but it is imperative to acknowledge they are victims of Starlight Tours as well. 


 

Result

The freezing deaths of Indigenous men in Saskatoon exacerbated the already strained relationship between the Saskatoon Police Service and the Indigenous community. Many Indigenous people reported to the special investigator appointed by the FSIN that they were fearful of the police and did not feel comfortable reporting concerns out of fear that their claims would not be taken seriously. The inquiry revealed a distinct lack of trust in the police service, respondents fearing that more community members would one day too be victims of a Starlight Tour. Over-policing in city areas with a high representation of Indigenous residents contributes to this unequitable power imbalance, makes Indigenous residents feel like they are constantly under surveillance, and is a function of systemic racism that unjustly categorizes Indigenous people as 'trouble-makers.' Starlight Tours also reveal disturbing colonial ideology which places value on the lives of white settlers over the lives of Indigenous peoples, reflected by the failure to address the suspicious deaths and the initial explanation of accidental death by intoxication. Starlight Tours, and the dismissal of Naistus, Wegner, and Stonechild's deaths as a result of "intoxication" by public agencies demonstrates how systemic racism endangers the lives of Indigenous people. 


 

Sources
  • Razack, Sherene. ""It Happened More than Once": Freezings Death in Saskatchewan." Canadian Journal of Women and the Law 26, no. 1 (2014): 51-80. 
  • The Honourable Mr. Justice David H. Wright. Report of the Commission of Inquiry Into Matters Relating to the Death of Neil Stonechild. Government of Saskatchewan. October 2004. 
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Date
1990

Creation of the North-West Mounted Police

Summary

The North-West Mounted Police was established in 1873 by the government of John A. MacDonald. The Cypress Hills massacre as well as the increasing number of conflicts on the U.S border due to alcohol smuggling are often cited as the main reasons the MacDonald government passed the bill creating the new military-style police force. However, most historians agree that the primary reason for establishing the force was to control First Nations and Métis populations, as the government sought to populate the West with settlers. Under the central authority of Ottawa, the NWMP marched West in 1874. The NWMP served as an arm of colonial control for politicians and lawmakers in Ottawa. For Indigenous communities in the Northwest, it represented an additional source of repression. The newly formed para-military style force was entrusted with wide-ranging powers and duties. Officers acted as Justices of the Peace, able to apprehend and sentence offenders, as well as impose Indian Act polices such as the Pass System. Since western courthouses did not exist at the time on the Prairies, NWMP barracks were often used for court proceedings and as temporary prisons. The NWMP assisted Indian Agents with the ration system, as well as enforcing laws obliging Indigenous students to attend residential schools. Government policies such as the Residential School system, the Sixties Scoop and gender discrimination in the Indian Act subjected Indigenous families to violence, cultural dislocation and land dispossession. The NWMP was successful in instituting a system of surveillance and curtailment, restricting Indigenous people to their reserves, regulating their land use and criminalizing livestock theft to benefit settler farmers and ranchers.

Result

Current police-Indigenous relations are a product of the historical reality in which the NWMP and subsequent RCMP acted as an active arm of colonialism for the Canadian government. This historical context fuels a sense of mistrust, suspicion and resentment many Indigenous people feel towards law enforcement officers. In a 2017 report by Human Rights Watch (HRW) interviews were conducted with Indigenous women in Saskatoon regarding their experiences with police officers. Women reported that they would not call the police to report a crime committed against them or crimes that they had witnessed involving an Indigenous woman out of fear that the police may harass them, engage in physical/sexual violence towards the suspect, or take them on a "starlight tour" (see database entry on Starlight Tours). HRW found evidence of a fractured relationship between police officers and Indigenous people in Saskatchewan. Human rights experts have also raised concerns over entrenched and institutionalized stereotyping of Indigenous women by police and RCMP officers. The HRW inquiry reports that: "The United Nations inquiry into missing and murdered Indigenous women in Canada reported that structural bias was reflected in the use of demeaning or derogatory language towards Aboriginal women and in stereotypical portrayals of Aboriginal women as prostitutes, transient or runaways and of having high-risk lifestyles". On a provincial scale, Indigenous people have reported being victims of racial profiling and targeting. Following the 1885 Resistance, the NWMP in conjunction with regular military forces, participated in quelling the resistance as well as apprehending and punishing the members of the Resistance (see database entry on the reign of terror). Other punitive measures carried out by the NWMP included withholding annuity payments, confiscation of horses and arms, and well as property destruction. As the impacts of the 1885 Resistance remain present to this day for many Métis and Indigenous people, so does the role played by the NWMP. The 1885 Resistance was accompanied by a shift in perception and attitude of colonial settlers towards Indigenous and Métis peoples. Although historians have uncovered several instances of NWMP officers acting with fairness and concern towards Indigenous and Métis people, however as Brown and Brown (1978) argue, that did not alter the nature of the force and its mandate. Owing to it's nature as a colonial police force, many Indigenous people never felt the force was there to protect them and their rights. In addition, Indigenous people recall instances of racial targeting and surveillance by police officers -  primary and secondary sources (listed below in "relevant resources") indicate that RCMP/municipal police discrimination and violence are re-occurring experiences of Indigenous people in Saskatchewan.  During the last decade, there have been several calls to action made by Indigenous organizations, governments, Nations, and communities, in response to the wide-spread mistreatment and neglect of Indigenous victims endemic within Canadian policing. The MMIWG Inquiry found that federal, provincial, and local police forces have far too often treated missing and murdered Indigenous victims with indifference and racial discrimination, thus impacting the investigations and outcomes of these cases. The issues within policing and correctional institutions cannot be explained as a "few bad apples" or agencies, these issues result from systemic racism, discrimination, and colonialism that plague the criminal justice system and have been built into its very framework. 

Sub Event
1874 March West and subsequent police and Indigenous relations.
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Date
1873-03-00
Documents
File
File Description
Human Rights Watch report

Lebret Public Elementary School (Not Residential School)

Summary

Not all Indigenous children were required to attend the Indian Residential School in Lebret - in "Relevant Resources" (listed below), James Tyman serves as an example of a visibly Indigenous Metis boy who was subjected to continual racism from his peers at the public elementary school in Lebret.

Implications
Experiences of racism compounded the difficulties caused by pre-existing issues of identity deriving from Tyman's status as an adopted child. Tyman was not provided with the social supports necessary to navigate constant exposure to ethnic discrimination and social rejection. A lack of acceptance and understanding from peers and authority figures (teachers, principal and parents) served to demotivate Tyman in terms of displaying pro-social behaviour, and eventually solidified a pattern of deviancy. Without the necessary social supports, these patterns of deviancy escalated until he was incarcerated.
Sub Event
Adoption of Indigenous Children by Non-Indigenous Parents
Date
1960-00-00
Community

Provision added to Legislation Regarding the Sale and Purchase of Alcohol

Summary

Member of Parliament, Mr. Paterson, recommended a provision to the legislation which criminalized First Nations from purchasing or consuming alcohol. This was to be enforced by settlers who were given the authority to report a First Nations person who allegedly broke this new, egregious law, to the Superintendent of Indian Affairs. They could provide the names of witnesses to be called, but were not required to testify themselves, so as to avoid the possibility of being harassed by the accused. This provision was agreed to by the House of Commons.


 

Result

This provision encouraged the policing of Indigenous peoples by settlers, allowed for settlers to have extensive legal power over Indigenous peoples, and created a double standard whereby Indigenous peoples were penalized for the same activities that settlers participated. As such, Indigenous peoples self-determination and authority continued to be undermined by the state, a theme widely seen throughout paternalistic policies. The Canadian Government implemented policies that criminalized Indigenous peoples in nearly every aspect of their lives, from ceremonies and community gatherings, to the sale of goods, mobility and the pass system, seeking legal counsel, voting, and many other laws that penalized Indigenous peoples for merely existing in a settler colonial state. 


 

Sources

House of Commons Debates. 4th Parliament, 2nd Session, vol. II, 12 February 1880 - 7 May 1880. Pg 1997.

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Date
1882-00-00
Region

RCMP Sunchild Report Circulated to Indian Agents

Summary

In 1952, the ritual consumption of peyote related to the activities of the Native American Church was reported among members of the Cree band led by Louis Sunchild. Sunchild, an Alberta First Nation leader, was stopped at the Montana-Alberta border carrying peyote. RCMP took him into custody, and although he was released, the peyote was retained and the report and images of his peyote stash were circulated to Indian Agents across Western Canada.

Implications
Although they no longer had legal power to suppress Aboriginal spiritual practices, the RCMP and Indian Agents attempted to control the spread of peyote through Western Canada. This would have restricted or inhibited Aboriginal peoples from practicing cultural and religious traditions, thus continuing to extend colonialism into the cultural practices of Aboriginal peoples.
Sources

Memo from Lethbridge sub-division. 19 March. 1/1-16-2, 10243, T-7545, RG10. Indian Affairs fonds. LAC.

Date
1952-00-00

Tapassing Arrest

Summary

Tapassing, a member of the Fishing Lake band, was arrested in January of 1904 for dancing. However, once the NWMP discovered that he was over ninety years old and nearly blind, he was released.

Implications
This case was intended to serve as government propaganda or promotional material for its policy relating to the prohibition of Indigenous ceremonial practices. The underlying intent was for the government's moral legitimacy to be strengthened by demonstrations of efficacy as it related to controlling the "Indian problem" and hastening assimilation or "civilization" efforts. In particular, this would appeal to the voting settler population, of which many were in favour of residential schools and other government policies of assimilation. Unfortunately for the government, media attention on the Tapassing arrest was sufficient to cause embarrassment within the Indian Affairs administration, resulting in his release.
Date
1904-01-00
Theme(s)