Wednesday, March 18, 2009

The Metis Judicial Council works - thank you Metis Mama!

Metis Mama:

I wish to expand on some issues that have recently been brought to my attention in the world of Métisland.
It is the hope of most of us that we can learn and expand our understanding through our experiences. I recognize that some of our community have not had the good fortune of an education but as we go through life’s experiences we hope that we are able to develop knowledge and not have to repeat the mistakes of the past. I remember my grandmothers, aunties and mother saying to us as children – “When will you ever learn?”
So maybe with this post some broader critical thinking will happen and people will develop an understanding of a few issues that seem to have popped up on some internet sites as of recent regarding the Métis Judiciary Council decision that was released last week.
Shortly after the decision was released (the following day) we saw a position from Trevor Gladue reflecting that Audrey and the Judiciary Council were denying him his rights. That they were violating his right to “Freedom of Speech.” We have since seen others come up with this saying then they quote the Wikipedia version of a universal definition that is mostly premised on old European history.
In Canada – we do not actually have a Section called ‘Freedom of Speech.’ In fact, the terminology of ‘Freedom of Speech’ is a part of the Universal Declaration of Human Rights that was passed at the General Assembly of the United Nations in 1948. The area of Freedom of Speech did not actually form part of the articles of the Declaration – it was a part of the Preamble.
The preamble within the second whereas stated:
“Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.”
The part of the Charter of Rights and Freedoms as is stated in the Canadian Constitution states:
2(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
It would be important to note that 2d. of the Charter also states that there is a freedom of association.
Now back to the reason for the post….Mr. Gladue this weekend sent out a press release that said,"Métis Nation of Alberta’s Judiciary Council Puts Lid on Freedom of Speech.
Now while the man recently was engaged in a position working for Muriel Stanley Venne as a Human Rights Coordinator – he appears to only put out rhetoric and does not seem to know the real issues relating to Human Rights.
Our Human Rights – whether we are talking about the Canadian Charter of Rights and Freedoms or the United Nations Declaration of Human Rights – every right has a responsibility.
With rights they are all a part of the premise that it is your right and it is clear until it infringes on the rights of others.The Supreme Court of Canada has heard many cases in relation to the Charter of Right 2(b) under the Freedom of Expression through media. It is a right if it is not defamatory, untrue, or presents an infringement on the rights of others or causes a detriment to others. Freedom of Expression is restricted if it poses a clear and present danger to safety or other public interests that is serious.
To have an understanding of the freedom of expression people need to recognize it based on society’s other rights and freedoms. The Supreme Court Cases in relation to Freedom of Expression has tried to identify the values that it tries to protect and who is entitled to the protecion. It has also dealt with what exactly is meant by expression.
It would be nice to believe that if Trevor wants to continue to become the advocate of Human Rights that he goes to a course or program and develops an understanding of them so that when he presents ‘Trampled Rights’ in a document he has a better understanding of what his real rights are.
As for his trampled rights – we all have rights that can be suspended based on our behaviors. If our behaviors present us as a danger to society – we are sentenced and lose rights, privileges and freedoms.
When you look at the decision of the Métis Judiciary Council – they clearly outline evidence of untruths, misrepresentations, distortions and fabrications that resulted in the Métis Nation being detrimentally affected. He set out to try to create the illusion of financial irregularities and improproties while he participated in Executive meetings and engaged in decision making roles in relation to those very finances. He attempted to severe government agreements and create extraordinary situations of foreclosures on commercial property holdings and other assets of the Métis Nation of Alberta.
Based on the decision (found at it was clearly demonstrated that this was an attempt for Trevor to politically personally gain in the September 2008 election. He used his position to try to generate a sense of unstable organizational finances. The government and financial institutions have worked with the Métis Nation of Alberta and have found absolutely no evidence of the allegations that were made. There is still no quarter of a million dollar deficit, funding irregularities or misappropriated funding. Trevor generated these illusions in an attempt to gain the leadership of the Métis Nation of Alberta. It was not for the benefit of Métis people in Alberta – it was just another political power struggle.
The Métis Judiciary Council’s role is to ensure that Métis leaders live up to a standard that complies with their ‘Oath of Office’ and not be a detriment to the nation. That was the responsibility that was given to them by the Métis people in Alberta and even though their task is arduous it resulted in privileges that Métis people have being suspended – much like if you were sentenced in a court.
If Trevor believes he was unjustly judged he has avenues of appeal – none of which happen when you continue to distort the truth through Press Releases.


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