Eric Gray Dear Friends, We have just received the best news ever! The Inter-American Commission on Human Rights has admitted the Lílwat petition against Canada. The petition asks for international hearing based on the fact that domestic remedies in Canada have been exhausted. That is, remedies to the problem that Canada has assumed jurisdiction in Lílwat territory unlawfully - in particular with regard to the seizure of children by the Ministry of Children and Families. By admitting the petition, the IACHR has agreed that domestic remedies have been exhausted - in other words - there is no justice in Canada for indigenous peoples. The petition was launched by Pau Tuc la Simc of Lílwat, also called James Douglas Louie, for Ms. Loni Edmonds. I am so proud to know the Lílwat Elders and their resilience, and of the fact that my daughters cousins may be returned to their mother and their community by the indomitable spirit of freedom and justice which these Elders have. I am lucky to know them and be able to share this incredible journey with you. Here is the press release from IHRAAM, the international legal association which launched the petition on behalf of Pau Tuc a Simc in 2007. ihraam.org/press_release/IACHRadmitsLilwat.html January 25, 2014 INTERNATIONAL COURT ADMITS LIL’WAT PETITION AGAINST BC/CANADA CHILD SEIZURE The Inter-American Commission on Human Rights (IACHR), the regional human rights organ of the Organization of American States, today advised IHRAAM that its Petition 879-07 against Canada on behalf of Lil’wat mother, Loni Edmonds, has been admitted. The Petition contests the seizure of Ms. Edmonds’ six children by the BC Ministry of Child and Family Development (MCFD), and their placement in foster care. The Petition was originally submitted in 2007 by international legal specialist Dr. Y. N. Kly, Chair of IHRAAM, an international NGO in consultative status with the United Nations, at the instigation of Lil’wat elder, James Louie. The Petition address- es not only individual human rights issues germane to the human rights of mother, Loni Edmonds, and her children, but also links them to issues raised by Canada/BC’s imposition of jurisdiction over Lil’wat families when the Lil’wat have no treaty with Canada. IACHR admission of the case is seen as a great victory. The case not only challenges the right of the MCFD to seize indigenous children, it brings to international scrutiny the lamentable plight of native children the MCFD has placed in foster care. Further, the Commission’s Report on Admissibility No.89/13 made explicit note of contextual issues raised by the Petition related to the case, such as Canada’s historic policies of forced assimilation and its ongoing efforts toward “transforming them from the Lil’wat Nation to a Municipality within the Province of British Columbia without their consent.” The IACHR first responded to the Petition in 2011, passing the pertinent parts of the Petition to Canada, which responded extensively, including 10 documentary attach- ments. The Commission then passed this to IHRAAM for its Observations, which were then returned to Canada. IACHR facilitation of this dialogue carried on until September, 2012, by which time Canada had responded four times. Canada then ceased to proceed further with the exchange, despite IACHR request. The Report on Admissibility submitted to IHRAAM dated January 23, 2014 sets forth the Commission’s view that domestic remedy has been exhausted—a primary requirement for access to international tribunals—despite Canada’s arguments to the contrary. Should the Commission make a positive ruling on the substantive aspects of what is now IACHR Case 12.929, the consequences could be highly significant for all indigenous nations within Canadian territory. The admission alone draws attention to an avenue of international legal recourse long sought by indigenous peoples seeking redress for their grievances against states that cannot be resolved in domestic courts. For more information, contact [email protected]. IACHRadmitsLilwat ihraam.org
Posted on: Sun, 26 Jan 2014 15:31:44 +0000
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