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Submission to the 82nd Session of the UN Committee on the Elimination of Racial Discrimination with Regard to Canadas Failure to Comply

with UN Human Rights Conventions and General Recommendation No. 23 of the Committee on the Elimination of Racial Discrimination February 11-March 1, 2013 Geneva

BY Ermineskin Cree Nation, Onion Lake Cree Nation, Samson Cree Nation, Montana Cree Nation, Cold Lake Dene, Saddle Lake Cree Nation, Alexander Cree Nation, Kehewin Cree Nation, Lubicon Cree Nation, Little Pine Cree Nation, Piapot Cree Nation, Witcheken Lake Cree Nation, Sweetgrass Cree Nation, James Smith, Saultaux, Sakimay, Muskoday, Serpent River Nation, Starblanket Cree Nation and Thunderchild Cree Nation In RELATION TO Government of Canada (Canada)

Synopsis Ermineskin Cree Nation, Onion Lake Cree Nation, Thunderchild Cree Nation, Piapot Cree Nation, Samson Cree Nation, Montana Cree Nation, Cold Lake Dene, Saddle Lake Cree Nation, Alexander Cree Nation, Kehewin Cree Nation, Little Pine Cree Nation, Witcheken Cree, Sweetgrass Cree Nation, James Smith, Saultaux, Sakimay, Muskoday, Serpent River Nation, Starblanket Cree Nation (the Nations) and our members have a long history of defending and asserting our collective inherent Indigenous rights including our human rights, as well as those rights recognized by the treaty relationship with the Crown, against the Canadian state and its members. The Nations defense and assertion of such rights is contrary to the Canadian populations uninformed understanding of the historical, legal and cultural realities giving rise to such rights. Consequently, an underlying tension exists between the two groups that often ignites into various acts of racial discrimination, some overt and some more insidious, directed towards the Nations and our members. When other Indigenous Nations on a national scale defend and assert such rights, similar acts of racial discrimination expands to include all other Indigenous Nations within Canada. The Idle No More Indigenous movement has been taking place within Canada since November 2012. Succinctly put, the Idle No More Movement was organized to bring attention to and to protest the Canadian governments passing of legislation that would not only greatly harm all of the Indigenous Nations within Canadas rights recognized by 1

treaty relationships, but also our inherent Indigenous rights including our human rights. (In Canada, Indigenous Nations are also known as First Nations. Both terms will be used in this submission. The legislative agenda of Canada forms a part of this submission under another heading.) As a legitimate form of protest, many First Nations occupied highways, roads, public places and held information sessions outlining our concerns. Such legitimate protest within a democratic society ignited the underlying tension between the Canadian population and First Nations so that various acts of racial discrimination were and continue to be directed towards the First Nations and its members, including the Nation and its members. Fueling the acts of racial discrimination are certain Canadian news media outlets that publish articles and videos, readily available via the Internet, that perpetuate and reinforce negative stereotypes that belittles and depersonalizes First Nations and our members based on race. Such perpetuation and reinforcement not only acts to belittle and delegitimize First Nations defense and assertion of our inherent Indigenous rights including our human rights and those rights recognized by the treaty relationship, but it also creates an environment of discrimination that allows for the largely uniformed public to commit acts of racial discrimination against First Nations and our members. Canada, despite its obligations in various international human rights conventions and instruments, has not taken any positive action as allowable in a democratic society to curtail the spread of such negative stereotypes found in the articles and videos. Further, Canada has not made any effort to counter such negative stereotypes, nor alleviate the harm that the perpetuation of such stereotypes causes to our Nations. The Nations respectfully requests that the UN Committee on the Elimination of Racial Discrimination under its urgent action procedure find: 1. The presence of a significant and persistent pattern of racial discrimination within certain of Canadas news media outlets that perpetuate and reinforce racial and negative stereotypes of First Nations and our members that acts to belittle and delegitimize First Nations and our members inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship; 2. The presence of a pattern of escalating appeals to racial intolerance by certain members of the Canadian news media that in fact contributes to an escalating pattern of racial violence against First Nations and our members, particularly First Nations women; 3. A lack of a national effective mechanism for First Nations to bring complaints regarding persistent pattern of racial discrimination within certain of Canadas news media outlets that perpetuate and reinforce negative stereotypes of First Nations and our members that acts to belittle and delegitimize First Nations and 2

our members inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship; and 4. Canada has failed to take any positive action to alleviate the persistent pattern of racial discrimination within certain of Canadas news media outlets, and within the collective psyche of the Canadian population, that perpetuate and reinforce negative stereotypes of First Nations and our members so that: a) First Nations and our members inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship are belittled and delegitimized; and b) First Nation members are depersonalized and dehumanized thereby creating an environment where acts of racial violence against First Nation members, particularly First Nations women, are perceived as permissible with impunity. The Nations further requests the UN Committee on the Elimination of Racial Discrimination in so finding the above take the following measures to ensure that Canada take positive action as allowable in a democratic society to curtail the spread of such negative stereotypes found in the articles and videos in accordance with its international obligations1 as follows: 1. To request the Canada make an urgent submission of information on the situation as described in this submission under the early warning and urgent action procedure; 2. To request the Secretariat to collect information from field presences of the Office of the High Commissioner of Human Rights and specialized agencies of the United Nations, national human rights institutions and non-governmental organizations on the situation as described in this submission and more specifically to appoint and direct UN Committee on the Elimination of Racial Discrimination Co-Chairperson Noureddine Amir to investigate and collect information regarding the allegations contained in this submission and to report back to UN Committee on the Elimination of Racial Discrimination with recommendations; 3. The adoption of a decision including the expression of specific concerns, along with recommendations for action, addressed to Canada, and the Special
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It is the Nations submission that Canadas failure to take positive actions is a violation of its obligations under the following international conventions, norms and covenants: a) Articles 2(1)(d), 4, 5(d) (ix), 6 and 7 of the International Convention on the Elimination of All Forms of Racial Discrimination; b) Sections 3 to 5 of General Recommendation No. 15 of the Committee on the Elimination of Racial Discrimination; c) Section 4(b) of General Recommendation No. 23 of the Committee on the Elimination of Racial Discrimination; and d) Article 20 of the International Covenant on Civil and Political Rights.

Rapporteur for Indigenous Peoples; 4. To offer to send to Canada one or more members of the UN Committee on the Elimination of Racial Discrimination in order to facilitate the implementation of international standards regarding the situation as described in this submission; and 5. Any other action that the UN Committee on the Elimination of Racial Discrimination feels necessary to address the situation as described in this submission. Background The Nations are but four (4) of approximately 630 First Nations within Canada, most of which have long outstanding grievances with Canada concerning the recognition of inherent Indigenous rights including our human rights and those rights recognized by the treaty relationship. The Nations all maintain a historical relationship with our traditional lands and its resources that extends over many centuries. It is this very relationship to our traditional lands and resources that is paramount to the Nations identity as Indigenous Peoples and Nations. Beginning in 1873 through to 1876, the Nations, along with other First Nations within Ontario, Alberta and Saskatchewan, negotiated and made Treaty #3 and Treaty #6 with the Crown agreeing to allow passage through our traditional territories and a share of the resources contain therein. Since our signing, the Nations have honoured the terms of the treaties, but more often than not the Crown has not likewise reciprocated. The Crowns actions of not fulfilling the promises contained in the treaties have also been echoed in the other treaties negotiated and made by First Nations and the Crown in other parts of Canada. Consequently, along with other First Nations, the Nations have had to do what was necessary to defend and assert our inherent rights as Indigenous Peoples including our human rights and those rights that have been recognized through the treaty relationship, including constant negotiations, litigation and protests when necessary. The Nations defense and assertion of such rights as mentioned above, along with other First Nations similar defense and assertions, is contrary to the Canadian populations uninformed understanding of the historical, legal and cultural realities giving rise to such rights. Consequently, an underlying tension is always present lying dormant between First Nations and the general Canadian population that often ignites into various forms of racial discrimination directed towards First Nations and its members. The Idle No More Indigenous movement has been taking place within Canada since November 2012. The impetus for the Idle No More Movement was to bring attention to and to protest the Canadian governments recent passing of legislation that would not only greatly harm all Canadas First Nations rights as recognized by the treaty relationship, but also our inherent Indigenous rights including our human rights. 4

The Idle No More Indigenous movements message is that the treaties negotiated and made between Indigenous Nations and the Crown are nation-to-nation agreements, and as such the First Nations agreed to share the land and its resources but maintain our inherent rights to such lands and resources. However, the state of Canada as treaty successor state continues to extract and exploit such lands and resources without any real benefit being derived for the First Nations, despite the poverty that often plagues many First Nations. Recently, the current Canadian government passed an omnibus piece of legislation that, amongst other matters, seriously threatens to erode the First Nations inherent Indigenous rights including our human rights, as well as those rights recognized by the treaty relationship. The Idle No More Indigenous movement was created by grassroots Indigenous Peoples to bring attention to the above facts, and to mobilize Indigenous Peoples and non-Indigenous people to resist the Canadian governments unilateral actions.2 As a legitimate form of protest, the Idle No More Indigenous movement, in conjunction with many First Nations, has occupied highways, roads, public places and held information sessions outlining our concerns. Most times such protests temporarily closed down such highways, roads, and public places in order to ensure the safety of both protestors and the public. Such legitimate protest within a democratic society ignited the underlying tension between the Canadian population and First Nations so that various forms of racial discrimination, (including threats of physical harm and death and instances of alleged sexual assaults on First Nation women3), were and continue to be directed towards the First Nations and its members, including the Nation and its members. Ultimately such forms of racial discrimination can only be the responsibility of those that commit such acts. However, factors within Canada society not only contribute to the problem of racial discrimination, but also feed the underlying negative stereotypes that incite hostility and hatred towards First Nations that defend and assert our inherent rights. Some of these factors can be lessened to a great extent by the Canadian government to ease the problem if it had the political will to do so. Such positive actions include taking a stance against biased news media that incites anger and hatred of First Nations and our members and providing information to the general public that combats such negative and racial stereotypes of First Nations and our members. News Media Materials Continuing the Colonial Legacy
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From http://idlenomore.ca/index.php/about-us/item/120-manifesto accessed January 30, 2013. There are many examples of such incidents that have not been publicly announced, yet for those incidents that have been publicly announced are the following examples: http://www.theglobeandmail.com/news/national/thunder-bay-sex-assault-hate-crime-probesharpen-focus-on-native-womens-plight/article6885373/ http://www.cbc.ca/m/touch/canada/story/2013/01/29/tby-first-nation-hate-crime-witness.html http://metronews.ca/news/ottawa/515222/pm-needs-to-condem-rising-violence-around-idle-nomore-say-aboriginal-women/

Canadas news media have always played a vital role in providing information to the general population, particularly in relation to First Nations. Outside of those individuals that take part in Native Studies within post-secondary education or interact on a daily basis within First Nation communities, the majority of the Canadian general public has very little empirical facts regarding First Nations, our cultures, values, and historical realities that make up a peoples. Accordingly, the image that the Canadian general population has regarding First Nations and our members is necessarily created through the popular culture of Canadian society, of which news media sources are the most numerous and informative. However, Canadian news media, beginning with newspapers in 1867, (the year of Canadian Confederation), to the present, with radio, television and the Internet, has a less than stellar record of portraying First Nations and our members in a factual manner. As the basic premise in the recent book Seeing Red: A History of Natives in Canadian Newspapers 4 points out, the Canadian colonial imagination continues to dominate depictions of First Nation and our members in newspapers. Such colonial depictions perpetuate an imagined inferiority based on race that not only served to justify the imposition of a foreign cultural worldview onto Indigenous Peoples, but also the aggressive oppression of inherent Indigenous rights to our traditional homelands. The continued use of such depictions within the news media not only functions to continue the colonial legacy, but also to support the existing social order upon which Canada selfidentifies. Not surprisingly, such colonial depictions contribute significantly to the marginalization of First Nations and our members. 5 The authors of Seeing Red: A History of Natives in Canadian Newspapers state that within the Canadian newspapers they reviewed from 1867 to 2009, there are three essentialized sets of characteristics used to describe First Nations and our members that act to not only inform Canadians about First Nations and our members, but also to reinforce existing and pervasive images. The authors note these imagine characteristics act to degrade, denigrate and marginalize First Nations and our members thereby aiding in the Canadian colonial project. In reviewing newspapers from 1867 to 2009, the authors found the three essentialized sets of characteristics attributed to First Nations and our members were depravity, innate inferiority and a stubborn resistance to progress. The first of these interdependent characteristics refers to moral depravity. This characteristic finds expression as sneakiness, thievery, dishonesty, laziness and a tendency for debased physical afflictions such as alcoholism and impulsive violence. The second is a presumed inadequacy based on race as expressed through imagines of stupidity, poor decision-making, and childish, irresponsible and frequently irrational behaviors.
Mark Cronlund Anderson & Carmen L. Robertson, Seeing Red: A History of Natives in Canadian Newspapers, (Winnipeg: University of Manitoba Press, 2012). 5 Ibid pp. 4-6.
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The third is the most pervasive and casts First Nations and our members as stuck in an unprogressive and non-evolving past that is associated with maladaptive cultural characteristics making it difficult for First Nation culture to progress in acceptable ways understood and appreciated by the general Canadian culture.6 As will be seen later in this submission, these three essentialized sets of characteristic that were intrinsically important to the justification of the imposition of a foreign cultural worldview onto Indigenous Peoples and the aggressive oppression of inherent Indigenous rights to our traditional homelands, all of which were a part of the Canadian colonial project, continue to manifest in the news media publications of the present. The Nations submit that the current news media publication that supposedly provide objective facts concerning First Nations and our members defense and assertion of our rights are simply the continued Canadian colonial project expressed in a modern context. In reviewing a sampling of such recent news media publications, it is evident that those three essentialized sets of characteristics attributed to First Nations and our members as a means of justifying the Canadian colonial experience continues into the present. The Nations further submit that such continued use is racially discriminatory and leads to the incitement of hatred and hostility to First Nation and our members. The following are a sampling of news media articles demonstrating the use of the essentialized set of characteristics that are racially discriminatory to First Nations and our members, and the effects of such news media articles. Attached to this submission are a more in-depth sampling of such articles. Sun Media Corporation The Sun Media Corporation, a subsidiary of Quebecor Media Inc., is Canada's largest newspaper publisher, based on the circulation of paid and free newspapers, publishing over 15.1 million copies each week. With thirty-six (36) paid-circulation daily newspapers and six (6) free dailies in nine (9) of the ten (10) largest urban markets in Canada, each with its own dedicated website, and almost 200 community newspapers, shopping guides and other specialty publications, Sun Media Corporation's English and French language newspapers and websites make it a leading provider of local news and information.7 The Sun media Corporation is responsible for the publication of the various Sun newspapers in the largest cities in Canada a) Edmonton Sun 1) In an editorial dated January 16, 2013, the issue of rhetoric concerning the Idle No More Indigenous movement was addressed. In describing the movement and its goals, the editorial focused on the supposed rhetoric of some of its members. The editorial states that at scores of protest across the country, signs have been comparing Prime Minister Stephen Harper to Adolph Hitler, and mentions a
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Ibid pp. 6 -8. From http://www.sunmedia.ca/SunMedia as accessed on January 30, 2013.

particular sign at a Winnipeg rally that referenced Stephen Hitler and the IllumiNazis and states that such analogies are harebrained. Such an editorial statement is appropriate, yet the editorial then goes on to liken such obvious rhetoric to the legitimate forms of protest of the Idle No More Indigenous movement: The Hitler comparison is by no means the only example of over-the-top rhetoric emanating from the Idle No More movement. Theyve threatened to shut down highways, rail lines and the entire economy. . . theyve threatened to beat-up a female editor at the Winnipeg Sun and theyve urinated on copies of the newspaper for the benefit of YouTube viewers. Classy. The juxtaposition within this editorial of legitimate forms of protest with singular incidents of questionable protest tactics reinforces the image of First Nations and our members as stupid engaging in childish, irresponsible and irrational behavior. In addition, the image of First Nation members as prone to violence is also reinforced. In effect, the editorial not only reinforces racial and negative stereotypes, but also delegitimizes the Idle No More Indigenous movement. 2) In an article written by Conservative Party commentator Ezra Levant and dated January 20, 2013, the issue of police and the Idle No More Indigenous movement is addressed. In this article Mr. Levant strongly implies the protesters are mere terrorists committing crimes against Canada that the police fail to lay charges against. Accordingly, the article states in referring to a protest march, [w]ell never know whether the crime wave we saw on Wednesday meets the test of terrorism, because that would require the police to lay such charges. Indeed, Mr. Levant mocks the police services by stating that they were helping the protestors and . . . joining in the drumming circles of various blockades. Mr. Levant further states [i]f the Idle No More movement protests dont rise to the level of terrorism, they certainly meet the threshold of crimes. Further to the picture he is painting of the protesters as terrorists or criminals, Mr. Levant states without evidence that [i]ts dangerous enforcing the law, especially against the Mohawk Warriors who dress in camouflage, carry assault rifle, some of whom have served in the Canadian or U.S. military. In no instance of the protest have assault rifles or any type of weapon been present. Mr. Levant is invoking the image of the savage Indian who is unable to control violent impulses as an expression of the moral depravity of the First Nations and our members. Mr. Levant concludes his articles stating that it is . . . not tough going after a bunch of jokers banging drums in the middle of the road, and thereby denigrating the significance of the drum and stating that the use of traditional cultural expression in political discourses and protest is backward as only a bunch of jokers would do so. In closing, Mr. Levant gives an endorsement of the continuing Canadian colonial project by stating Canada is based on the rule of law and the equality of all races. Such a statement merely reinforces the

stereotypes of First Nations and our members as irrational and childish and positions the colonial status quo as the way things should be. b) Toronto Sun 1) In an article entitled Native cant have what they want and dated January 14, 2013, John Robson attempts to highlight some of the goals of the Idle No More Indigenous movement and various First Nations. In the opening paragraph, Mr. Robson states . . . Idle No More movement and associated demonstrations have revealed a worrying streak of utopian militancy among Canadian Aboriginals. Their cosmic demands and ominous rhetoric are both driven by ideas that must be digested sympathetically, then rejected with courteous, but absolute firmness. This opening paragraph sets the tone for the rest of the article. Within this opening paragraph, Mr. Robson evokes the stereotypes that First Nations and our members are childish and irrational in reference to our goals of the Idle No More Indigenous movement, and that First Nations and our members goals and aspirations must be treated as one would an unruly child, with courtesy and firmness. Further into the article, Mr. Robson states [w]hen Aboriginal leaders describe their relationship to Canada as nation to nation they mean it literally. They believe their ancestors negotiated and made treaties with the British Crown to live peacefully side by side with what later became the nation of Canada but separately from it . . . [e]ver since the settlement of Canada by Europeans became an overwhelming reality for Aboriginals, this dream has been repeated around campfires and kitchen stoves. Huge numbers of them really believe it. What these statements achieve is to not only invoke the image of First Nations and our members as irrational dreamers engaging in a movement based on childish and false beliefs, but also that our cultural identify, that is based in part on the treaty relationship, is unprogressive and that is associated with maladaptive characteristics such that it clings to falsehoods. However, Mr. Robsons statement is contrary to not only the First Nations understanding of the treaty relationship, but also to Canadian jurisprudence and international understandings of treaties with Indigenous Peoples, particularly the findings of the United Nations Special Rapporteur Dr. Miguel Alfonso Martinez in his study on Treaties with Indigenous Peoples8. In closing his article, Mr. Robson further denigrates First Nations culture by stating [a]s if you could feed and clothe some 300,000 Aboriginals now living on reserves with flint arrows and hand-plaited nets. But this is a side issue. In effect, Mr. Robson is stating that First Nation culture is unable to play any role in aiding in the solutions towards the problems faced by First Nations.

8 Treaty Study (cite)

2) In an article entitled Two canoes? Uh, no: Non-aboriginals largely paid for both canoes and do most of the paddling in each, too and dated January 15, 2013, Lorne Gunter strikes at the heart of the issues facing First Nations in Canada. In the opening paragraph he comments on a First Nation perspective on the relationship between First Nations and Canada as two canoes in the same stream but separate but sharing the same stream as sounding meaningful, even poetic, but it is largely rubbish. If aboriginal and non-aboriginal Canadians are like two canoes, how come we non-aboriginals largely paid for both canoes and do most of the paddling in each, too? With this comment, Mr. Gunter denies an important treaty between the Crown and the Haudenosaunee known as the Two-Row Wampum Treaty, and then belittles all First Nations by stating that even if the treaty was in existence, Canada is the party that allows for its implementation. This statement not only reinforces images as First Nations and our members as possessing the characteristics of dishonesty, thievery and laziness, but also that they hold irrational beliefs that are guide our actions and that such a treaty, which contributes in part to First Nations cultural identity, is stuck in the past. Indeed, Mr. Gunter states that [t]his separate-but-equal notion is one of the two misconceptions behind the Idle No More movement. Indeed, it is one of two misconceptions the other being that aboriginal treaties are with the Queen, not Ottawa behind most long-standing aboriginal grievances. Both assumptions, frankly, are silly, even if, during the 1990s, the then-ultra-liberal Supreme Court hinted that at the very least the special status of aboriginals and their communities exists. In making such a statement, Mr. Gunter not only wrongly interprets most of the Canadian jurisprudence on the issue, but also equates First Nations and our members belief in such Canadian jurisprudence as silly thereby reinforcing the negative stereotypes as First Nations and our members as childish and irrational. Further along these lines, Mr. Gunter continues and states [t]he two canoes theory is behind the misconception that Canadas 630 aboriginal bands are not communities but rather sovereign nations. As such, they should be dealt with by Ottawa not as any other collection of villages and small towns, but rather nationto-nation. Their chiefs are to be treated as heads of state, not just so many other mewling mayors and reeves with their hands out . . . Still, for a second, lets treat this nation-to-nation two-canoe theory as if it were sensible. Again, Mr. Gunter not only wrongly interrupts real issues that have not fully been resolved, but also equates First Nations and our members beliefs as insensible thereby reinforcing the negative stereotypes as First Nations and our members as childish and irrational. Further, he infers that the First Nation leaders as merely wanting more money from Canada as a sign of our moral depravity. Along these same lines is an article entitled Starved for attention: Chief Spence may have attracted media spotlight, but thats about all by Peter Worthington 10

dated January 27, 2013. Within this article, Mr. Worthington states [e]ven the idea of First Nations is misleading. Tribes arent nations. Yes, historically some of the Indian tribes of the past (we no longer call them Indians which I think is a pity because it was a term of respect and pride) verged on being a nation . . . What Stephen Harper would like is Aboriginals integrated into Canadian society. What Indian chiefs want is more money. Similar to Mr. Gunter article, this articles denigrates First Nations hard fought legal and political battles to be recognized and defined according to terms and imagery that is dignified and respectful and in keeping with First Nations cultural identity and political and historical realities. Mr. Worthington states that First Nations failure to view themselves according to the colonial projects perceptions is childish and irrational and thereby reinforces these negative stereotypes of First Nations and our members. 3) In an article entitled Of chiefs, spirituality and anti-Tory politicians and dated January 18, 2013, Michael Coren provides commentary on First Nations leadership and spirituality. According to Mr. Coren, [t]he use of the word chief. It effectively means mayor and those given the title sometimes speak for only a few hundred people, and get do so for sometimes questionable reason. With this statement Mr. Coren degrades the leadership position of First Nations, likening such leadership to a mayor that totally glosses over the historical and cultural role that such a leadership position played and continues to play in First Nation communities. Also, Mr. Coren states that a person attaining this leadership position has done so for reasons that are questionable, thereby evoking the image of First Nations people as morally depraved and prone to dishonesty, thievery and sneakiness. The question that this statement leaves unanswered is if the leadership (which common sense states is the best of the best amongst a population) of First Nations are dishonest, thieves and sneaky, what about those of the population that elected the person? Mr. Coren continues in his article to describe interviews with Chiefs and other Native activists and our spiritual beliefs, and who actually is a First Nations person [t]hey frequently speak of prophecies, of seventh-generation warnings, of ancient laws and supernatural predictions. They hold feathers and they recite ideas of pantheistic earth-worship. Its a confused, confusing, sometimes entirely made-up spirituality and one that is often absurdly ahistorical . . . The same applies to some of the headdresses and costumes worn by Native activists that have no origin in our their tribe, and actually belong to people form 1,000 miles away . . . Who is actually Native? Some of the loudest zealots are tenuously so, and one of them appears to be German! Others have some Native blood but in the past have even been denied Indian status, and its probably more up to Dr. Freud than a columnist to speculate why theyre sometimes the more aggressive and unreasonable ones.

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Such statements not only denigrates, disrespects and is completely ignorant of the many different spiritual beliefs of the different First Nations in Canada, it quite clearly states that First Nations are pagans and heathens. Such labels and descriptors were applied to First Nations since the beginning of the Canadian colonial project and used to justify the denial of First Nations inherent Indigenous rights including our human rights, the stealing of Indigenous lands and resources, and most significantly the creation of the residential school system under the banner kill the Indian, save the child. The continued use of such labels is racially discriminatory and serves to denigrate all First Nations and our members, and to depersonalize and dehumanize us thereby allowing the Canadian colonial project to move forward with the denial of our inherent Indigenous and human rights, and those rights recognized by the treaty relationship. Further, such statements reinforce the image of First Nation and our members as morally depraved as they are dishonest about our race and our spiritual and cultural practices, that our behaviour premised on such dishonesty is childlike and irrational, and that our spiritual and cultural practices, which defines First Nations as Indigenous peoples, is backward and not acceptable to Canadian society.

c) Ottawa Sun 1) In an article entitled Idle No More pure laziness and dated January 26, 2013, John Robson again provides his thoughts on the Idle No More Indigenous movement. According to Mr. Robson, the Idle No More Indigenous movement . . . managed some theatrical shouting. But giving in to anger takes no discipline, minimal thought and little physical effort. Like almost everything else the movement did . . . It takes effort to engage in discussion, understanding the other persons position, seek common ground and control you appetite for demanding everything and giving nothing . . . It doesnt take much effort to sit around hitting a drum, burning the odd clump of sweet grass and reciting familiar laments about injustices 100 years before you were even born. In this article, Mr. Robson has chastised, like an annoyed parent, the Idle No More Indigenous movement and the Indigenous Peoples that have taken part in the movement. Of course such chastisement acts to reinforce the image that First Nations and our members are lazy, childish, and irrational in our protest and should engage in a more acceptable means of bringing concerns to the Canadian public. Similarly, Mr. Robson declaration of the ease of practicing aspects of First Nations culture and the justifiable protest of First Nations and our members against the long-standing continual denial of certain inherent Indigenous rights including our human rights belittles such culture and protest. Again such belittlement reinforces image that First Nations and our members are lazy, childish, and irrational. Post Media Corporation 12

Built on the strength and tradition of the one hundred and four (104) year old Financial Post, National Post provides readers with comprehensive reporting from across the country and around the world, all with a distinctly Canadian voice. With hard-hitting commentary, the latest on the cultural and social scene in Arts & Life, more than just the scores with entertaining Post Sports coverage, and the best business reporting in Canada within the pages of Financial Post, it is Canadas Business Voice. Extending its rich tradition of design leadership to the Web, nationalpost.com and financialpost.com, it delivers a more immediate, in-depth, and customizable news experience, with all the content and functionality todays online readers demand. National Post truly is a better read.9 a) National Post 1) In an article entitled Inevitable puffery and horse manure surrounds hunger strike while real Aboriginal problems forgotten and dated December 27, 2012, Christie Blatchford provides her insight into the Idle No More movement and Chief Teresa Spences hunger strike in solidarity with the movement. In the beginning of this articles, Ms. Blatchford states that Ms. Spences hunger strike is on day 17 and all around her . . . [t]he inevitable cycle of hideous puffery and horse manure that usually accompanies native protests swirls. Already, there is much talk of smudging ceremonies, tobacco offerings, the inherent aboriginal love for and superior understanding of the land, and treaties that were expected to be in place as long as the sun shines, the grass grows and the rivers flow. . . So while Chief Spence, and others, may long for nation-to-nation discussions, there is I think a genuine question as to whether theres enough of Aboriginal culture that has survived to even dream of that lofty status, or if the culture isnt irreparably damaged already. Smudging, drumming and the like do not a nation make. Ms. Blatchfords assertions that First Nations protests inevitably include rhetoric and untrue assertions not only demonstrates an ignorance regarding the cause of such protests but also reinforce the negative image of First Nations and our members as dishonest, sneaky and irrational. Despite the enormous amount of evidence that such protests are based on injustices perpetuated against First Nations and our members inherent Indigenous rights including our human rights, such evidence is not mentioned in Ms. Blatchfords article, but the contrary is implied, that is the First Nations either are blowing out of the proposition the issues or that there are no the issues at all. In addition, Ms. Blatchford speaks of First Nations spirituality and attendant practices in a way that indicates such spirituality and attendant practices are harnessed by the First Nation as a means to further First Nations end of bringing forward irrational and childish protests. This reinforces the negative image that First Nations and our members would prostitute out our spirituality and attendant practices in order to further an irrational and false political goal.
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From the website http://www.postmedia.com accessed February 8, 2013.

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Of greater concern is her utter disdain and contempt for the treaties negotiated and made between the Crown and First Nations. Ms. Blatchford fails to note that Canadas only claim to Indigenous lands is through the treaty relationship; this is recognized within international law and norms. Ms. Blatchford states that First Nations hold the belief that treaties that were expected to be in place as long as the sun shines, the grass grows and the rivers flow,, yet implies that such a belief is irrational and beyond comprehension. Treaties are expected to last as long as their terms state or until mutually agreed to terminate between the parties. By implying that First Nations expectations are unfounded means that they were duped by the Crown in making these treaties, in which case the First Nations are stupid, gullible and childlike in our negotiation abilities, or they are irrational, culturally stuck in the past, and unable to look after our affairs; either way, the negative stereotypes of First Nations based on race prevails. Further, Ms. Blatchfords questioning of whether theres enough of Aboriginal culture that has survived to even dream of that lofty status, or if the culture isnt irreparably damaged already. Smudging, drumming and the like do not a nation make., is offensive in the extreme. What in fact Ms. Blatchford assertions indicate is that she is wondering if the Canadian colonial project has not been successful in the cultural genocide of hundreds of First Nations. Ms. Blatchford indicates with her comments that she has no actual knowledge of the First Nations cultures, and applies a lens of ignorance to focus on aspects of First Nations spiritual practices to make her declaration that smudging, drumming and the like do not a nation make. Such assertions and declarations belittle, degrade and denigrate hundreds of First Nations cultures and spiritual practices. Furthermore, she reinforces the racial and negative stereotypes of First Nations and our member as being stupid, irrational, childish and clinging to the remnants of a backward and maladaptive culture making it difficult for First Nation culture to progress in acceptable ways understood and appreciated by the general Canadian society. Effects of News Media The articles offered above are a sampling of the articles circulating within the general Canadian mainstream new media. As noted, the general Canadian population is woefully uninformed by factual information pertaining to First Nations, our members and the issues, both historic and current, that they face. Accordingly, the general Canadian population relies on the mainstream news media to gather information on current events, including issues pertaining to First Nations. Taken as a whole, the above sampling of the articles (which are but a small amount of what is actually available) provide information about First Nations, our members, and the issues and injustices facing them based on racial and negative stereotypes having their origins at the beginning of the Canadian colonial project. Such racial and negative stereotypes served the Canadian colonial project by dehumanizing, delegitimizing and 14

portraying First Nations and our members in such a negative light that the taking of Indigenous lands and resources by any means necessary was able to be accomplished without moral dissonance. With the continuation of such negative and racial stereotypes still prevalent within the news media of today, such purpose continues to be served in the name of the on-going Canadian colonial project. For example, as mentioned earlier a First Nations women in Thunder Bay Ontario was attacked, kidnapped and sexually assault based on the mere fact she was First Nations and her attackers told her you Indians deserve to lose your treaty rights.10 Such attacks are sadly too common against First Nations women, and the fact that large numbers of First Nations women are missing or murdered with very little done by police forces highlights the problem. Such racially motivated attacks can only take place where the victim of the attack is dehumanized and seen as nothing more than an object. The Nations submit that the publishing of such articles as noted above contribute to the dehumanization of not only First Nations women, but all First Nations people. Further, such dehumanization need not be manifested in such extreme acts of violence. It is possible to view the strange fruit that the seeds of racism cultivate on any newspapers Internet site where the general population is allowed to comment. Although some newspapers edit the most offensive racial remarks, others do not and are left in place to fuel more hostility and hatred towards First Nations and our members. Conclusions The Nations respectfully submit that the above-noted sampling of articles indicate that there is a significant and persistent pattern of racial discrimination within certain of Canadas news media outlets that perpetuate and reinforce racial and negative stereotypes of First Nations and our members that acts to belittle and delegitimize First Nations and our members and our inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship; Further, the Nations also respectfully submit that the above-noted sampling of articles demonstrates a presence of a pattern of escalating appeals to racial intolerance by certain members of the Canadian news media that in fact contributes to an escalating pattern of racial hostility and violence against First Nations and our members, particularly First Nations women. Canadas Inaction to News Media Materials Despite the plethora of news media articles that promote the negative and racial stereotypes that incites anger and hatred of First Nations and our members, the Canadian government has not taken any positive actions to combat such articles. In fact, a number of representatives for the Conservative Party of Canada, the current political party
10

As found here http://indiancountrytodaymedianetwork.com/article/rape-kidnapping-being-investigatedhate-crime-thunder-bay-146797 accessed February 8, 2013.

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forming the Canadian government, have publicly spoken regarding the issues such that such negative and racial stereotypes are affirmed and reinforced.11 Further, despite the months long protest and raising of awareness of the very serious issues behind the Idle No More movement and the continued defense and assertion of First Nations inherent Indigenous rights including our human rights and those rights recognized by the treaty relationship, the Conservative government made no mention to these issues when the Canadian Legislature resumed on January 28, 2013. Such failure to address the very real issues only acts to delegitimize and belittle the struggles of the Idle No More movement and the First Nations defense and assertion of our rights. The Canadian governments inaction, and the subsequent results of delegitimizing and belittling, further leads to the enforcing the negative and racial stereotypes of the general uninformed Canadian population as evidenced by the Internet comments on the National Post and Winnipeg Sun websites.12 Canadas Inaction is a Violation of International Obligations It is the Nations submission that Canadas failure to take positive actions is a violation of its obligations under the following international conventions, norms and conventions: 1. Articles 2(1)(d), 4, 5(d) (ix), 6 and 7 of the International Convention on the Elimination of All Forms of Racial Discrimination; 2. Sections 3 to 5 of General Recommendation No. 15 of the Committee on the Elimination of Racial Discrimination; 3. Section 4(b) of General Recommendation No. 23 of the Committee on the Elimination of Racial Discrimination; and 4. Article 20 of the International Covenant on Civil and Political Rights. Canada is a signatory and has ratified both the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights. Accordingly, Canada is bound by the articles contained within each of these instruments, and to the norms that flow from each. The Nation submits

11

For examples of such Conservative Party of Canada members, please see the following: http://www.thestar.com/news/canada/2013/01/30/conservative_mp_and_senator_belittle_chief_theresa_spe nce_idle_no_more_movement.html http://metronews.ca/news/canada/530931/conservative-mp-and-senator-publically-mock-theresa-spenceidle-no-more-movement/ http://aptn.ca/pages/news/2012/12/20/conservative-mp-defends-himself-over-idle-no-more-comments/ 12 For a sampling of such comments, please see the following: http://news.nationalpost.com/2013/01/30/stephen-harper-lists-his-governments-priorities-doesnt-say-aword-about-aboriginals-despite-idle-no-more-movement/ <NEED MORE>

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below how Canadas inaction is a violation of its obligations under these instruments and the norms that flow from each. International Convention on the Elimination of All Forms of Racial Discrimination and General Recommendation No. 15 of the Committee on the Elimination of Racial Discrimination According to Articles 2(1) (d), in condemning racial discrimination each State Party to the Convention is required to prohibit and bring to an end, by all appropriate means, including legislation as required by the circumstances, racial discrimination by any persons, group or organization. Article 4 provides that State Parties . . . condemn all propaganda . . . which attempt to justify or promote racial . . . discrimination in any form, and undertake to adopt immediate and positive measures renegotiated and made to eradicate all incitements to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Conventions, inter alia: . . . (c) shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination. Articles 5(d) (ix) provides that State Parties, in compliance with article 2 of the Convention, . . . undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equally before the law, notably in the enjoyment of the following rights: . . . (d) (ix) The right to freedom of peaceful assembly and association. Article 6 provides that State Parties will assure to everyone within our jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violates his human rights and fundamental freedoms contrary to this Convention . . . Article 7 provides that State Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combatting prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and this Convention. Taking the above articles and recommendation as whole into consideration, the Nation submits that Canada has failed in its obligations so contained within the articles as follows: 1. As to Article 2(1)(d), Canada has not made any effort to bring to an end to the recent continual published negative and racial stereotypes that are prevalent as the

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Nations and other First Nations defend and assert our inherent Indigenous rights including our human rights and those rights recognized by the treaty relationship. Although the Nations do not submit that Canada has a responsibility of ending all racial discrimination that may be found within individuals of the general Canadian population, nor that it should censor news media articles, it does submit that Canada, under Article 2(1)(d), has a responsibility to put forth measures to combat the published negative and racial stereotypes, including those published comments on news media outlet Internet sites, readily available to the general population by various news media outlets. Canadas failure to take positive action to combat such negative and racial stereotypes of First Nations and our members does not meet the obligations as contained within Article 2(1) (d); 2. As to Article 4, and the CERD General Recommendations pertaining to Article 4, Canada has failed to condemn by publicly countering those news media publications that act to promote negative and racial stereotypes that lead to hostility towards First Nations and our members. As noted in the General Recommendation, the prohibition in Article 4 against the dissemination of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression. It is noted in these recommendations that a citizens exercise of freedom of opinion and expression carries special duties and responsibilities as specified in article 29 (2) of the Universal Declaration of Human Rights.13 Accordingly, our Nations submits that since the right to freedom of opinion and expression also carries the responsibility of refraining from expression of opinions that harm the rights and freedoms of others, news media outlets should also have a responsibility when exercising the right to opinion and expression as such expression greatly influences the general Canadian population in regards to issues pertaining to First Nations. Such influence through the news media often leads to hostility and hatred of First Nations and our members when negative and racial stereotypes are perpetuated. Canada failure to condemn negative and racial stereotypes about First Nations and our members within news media by publicly countering them with a fair and balanced presentation of facts does not meet the obligations as contained within Article 4. Further, by such failure to condemn there is a perceived tacit agreement of Canada with such racial and negative stereotypes.

13 Article 29 (2) states: In the exercise of his rights and freedoms, everyone shall be subject to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of the others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

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3. As to Article 5(d)(ix), by failing to meet its obligations in Articles 2(1)(d) and 4 Canada has tacitly allowed, in part, a situation to occur whereby First Nations and our members, through peaceful protests under the banner of Idle No More, are being targeted for violence and threats of violence. Accordingly, the environment of violence and threatened violence interferes with the First Nations and our members right to freedom of peaceful assembly and association as contained in Article 5(d)(ix); 4. As to Article 6, at present there is not a national mechanism in place that provides effective protection and remedies for First Nations and our members to bring forward concerns regarding racial discrimination in news medias reporting of issues pertaining to First Nations defense and assertion of inherent Indigenous rights including our human rights and those rights recognized by the treaty relationship. Although the Canadian Criminal Code does prohibit the act of public incitement of hatred,14 this prohibition does not go far enough in providing effective measures and remedies.

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319. (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. 2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. 3) No person shall be convicted of an offence under subsection (2) (a) if he establishes that the statements communicated were true; (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada ... 6) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.

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As noted in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence dated October 5, 2012 (the Rabat Plan), the experts stated that: in terms of general principles, a clear distinction should be made between three types of expression: expression that constitutes a criminal offence; expression that is not criminally punishable but may justify a civil suit or administrative sanction; expression that does not give rise to criminal, civil or administrative sanctions but still raise a concern in terms of tolerance, civility and respect for the rights of others. At present the Canadian Criminal Code is the only national means in which First Nations and our members can address issues of racial and negative stereotypes within news media that incite racial discrimination and hostility amongst the general Canadian population. While those news media expressions that fall into the first of the three types of expressions would be prohibited, the other two types, (which often those types found within the news media), are not prohibited and there are no effective measure to address them. The importance of these latter two (2) expressions is more fully canvassed under the Article 20(2) of the International Covenant on Civil and Political Rights section of this submission. 5. As to Article 7, Canada has failed to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combatting prejudices that lead to racial discrimination and to promoting understanding between First Nations and our members and the general Canadian population. As noted, Canada has not countered the negative and racial stereotypes as found in the news media nor has it adopted any measures to provide the general Canadian population with accurate information pertaining to the issues facing First Nations and our members. The availability of accurate information, unblemished by the negative and racial stereotypes as found within the news media, would aid in the general Canadian population understanding of the First Nations and our members issues and foster greater harmony between the two free of racial discrimination. As noted by the Honourable Paul Martin, former Liberal Prime Minister of Canada in an interview with the CBC and reported on January 17, 2013: Q: If one were to draw up a master plan to heal this relationship (between Canada and the First Nations), what would be the key measures to take now? A: Explain to Canadians the truth of the issues that are being raised. Canadians do not receive an adequate explanation of this. Some of the incredible misconceptions are fostered by the fact that Canadians dont know and have never been taught aboriginal history adequately. I think that Idle No

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More is going to force that kind of explanation of why it is that so many people are taking to the streets.15 (Emphasis added) Clearly in the context of the recent resurgence of First Nations and our members defense and assertion of our inherent Indigenous rights including our human rights and those rights recognized by treaty, Canada is required under Article 7 to adopt immediate and effective measures to provide the general population of Canada with adequate explanations to combat misconceptions of First Nations and our members that lead to racial discrimination and hostility. Canada has failed to adopt any such effective measures, especially in light of the current events, thereby resulting in the news media filling the vacuum with articles that contain negative and racial stereotypes that incites racial discrimination and hostility. General Recommendation No. 23 of the Committee on the Elimination of Racial Discrimination According to 4(b) of General Recommendation No. 23, CERD called upon State parties to ensure that members of Indigenous people are free and equal in dignity and rights and free from any discrimination, in particular that based on Indigenous original or identity. In conjunction with what has been stated above in its totality, the Nation submits that Canadas failure to meet its obligations under International Convention on the Elimination of All Forms of Racial Discrimination and General Recommendation No. 15 of the Committee on the Elimination of Racial Discrimination is also a failure to heed the General Recommendations No. 23: Indigenous Peoples. Article 20(2) of the International Covenant on Civil and Political Rights According to Article 20(2), Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. As noted within the Rabat Plan, under international human rights standards, which are to guide legislation at the national level, States are obligated to prohibit expression that amount to incitement to discrimination, hostility or violence. Although as noted the Canadian Criminal Code prohibits incitement of hatred based on race, such a prohibition sets a high threshold for issues concerning racial discrimination leading to incitement to hatred that for the issues and dynamics contained within this submission would likely not meet. As noted in the Rabat Report, and as mentioned earlier, the experts note that there are three types of expression relating to subject of freedom of expression and the protection of vulnerably parties from racial discrimination and hostility resulting from such expression. The first form is criminalized and at the extreme margins of such expression, whereas the latter two in are not criminally punishable but may either be actionable under
15

The full interview can be found here http://www.cbc.ca/news/canada/story/2013/01/16/f-idle-no-morepaul-martin.html. Accessed February 4, 2013.

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civil or administrative processes and sanctions, or are neither criminal or give rise to civil or administrative sanctions but still raise a concern in terms of tolerance, civility and respect for the rights of others. Nationally, Canada has not taken positive action to ensure that these latter two types of racial discriminatory expression have a means to be adequately brought to attention by competent bodies. In fact, Canada recently repealed section 1316 of the Canadian Human Rights Act banning hate speech on the Internet. Individuals that felt their human rights were violated, based on racial discrimination, by news media outlets, had used this section of the Canadian Human Rights Act in the past. With its repeal, there is no national means for individuals, or First Nations, to bring before a tribunal or other similar competent body, issues of racial discrimination found within news media outlets. The use of the Canadian Criminal Code is not a very good alternative, as the threshold required by the legislation would require expressions of racial discrimination to rise to the level of a hate crime. More often than not, the racial discriminatory expressions directed towards First Nations and our members from news media outlets are of such an insidious nature that any accusations of such utilizing the Canadian Criminal Code would not be able to meet the required threshold. As such, the First Nations and our members are left without a national means to bring these issues forward for a determination of the issues. Action Sought The Nations respectfully requests that the UN Committee on the Elimination of Racial Discrimination under its urgent action procedure find: 1. The presence of a significant and persistent pattern of racial discrimination within certain of Canadas news media outlets that perpetuate and reinforce racial and negative stereotypes of First Nations and our members that acts to belittle and delegitimize First Nations and our members and our inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship; 2. The presence of a pattern of escalating appeals to racial intolerance by certain members of the Canadian news media that in fact contributes to an escalating pattern of racial violence against First Nations and our members, particularly First Nations women; 3. A lack of a national effective mechanism for First Nations to bring complaints regarding persistent pattern of racial discrimination within certain of Canadas
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13. (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination.

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news media outlets that perpetuate and reinforce negative stereotypes of First Nations and our members that acts to belittle and delegitimize First Nations and our members inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship; and 4. Canada has failed to take any positive action to alleviate the persistent pattern of racial discrimination within certain of Canadas news media outlets, and within the collective psyche of the Canadian population, that perpetuate and reinforce negative stereotypes of First Nations and our members so that a) First Nations and our members inherent Indigenous rights including our human rights, and those rights recognized by the treaty relationship are belittled and delegitimized; and b) First Nation members are depersonalized and dehumanized thereby creating an environment where acts of racial violence against First Nation members, particularly First Nations women, are perceived as permissible with impunity. The Nation further that requests the UN Committee on the Elimination of Racial Discrimination in so finding the above take the following measures to ensure that Canada take positive action as allowable in a democratic society to curtail the spread of such negative stereotypes found in the articles and videos in accordance with its international obligations as follows: 1. To request the Canada make an urgent submission of information on the situation as described in this submission under the early warning and urgent action procedure; 2. To request the Secretariat to collect information from field presences of the Office of the High Commissioner of Human Rights and specialized agencies of the United Nations, national human rights institutions and non-governmental organizations on the situation as described in this submission, and more specifically to appoint and direct UN Committee on the Elimination of Racial Discrimination Co-Chairperson Noureddine Amir to investigate and collect information regarding the allegations contained in this submission and to report back to UN Committee on the Elimination of Racial Discrimination; 3. The adoption of a decision including the expression of specific concerns, along with recommendations for action, addressed to Canada, and the Special Rapporteur for Indigenous Peoples; 4. To offer to send to Canada one or more members of the UN Committee on the Elimination of Racial Discrimination in order to facilitate the implementation of international standards regarding the situation as described in this submission; and

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5. Any other action that the UN Committee on the Elimination of Racial Discrimination feels necessary to address the situation as described in this submission.

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