National Day for Truth & Reconciliation

A message from YEN:TENE
An Intergenerational Survivors Legacy of Harm: Canadian Indian Residential Schools

 

As September 30th approaches I am forced to reflect on the harm done to my mother, a residential school survivor of the Mount Elgin Residential school ( MERS) and the Mohawk Institute (MI). My mom was transferred from MERS to MI because she and my auntie were communicating in an ancient Indigenous language.


I get flashbacks to the Sunday afternoon sitting in my mom’s kitchen and her telling me about the harm done to her as a small child in those institutions flood my memories. Bad memories that torture my mind and spirit.

 

Some days, I refuse to reflect and entertain those memories because they are too damaging to my spirit. They affect my mental and emotional and spiritual being. The harm to my mom was spiritual, emotional, physical, sexual and cultural. The harm to my mom is harm to me. I now carry the legacy of harm that she carried throughout her lifetime. I had struggled emotional, mentally and spiritually to deal with all the abuse to my mom and that it affects me.


My mom spoke a couple of Indigenous languages prior to forced attendance at residential schools. The abuse she suffered speaking her languages caused her such pain that she would not speak her languages and therefore could not teach me the languages.

 

This is an example of one small part of the harm done to me. My mom never heard the words I love you or you are smart, amazing, intelligent or other caring loving phrases such as those while in the residential schools. And while she had never heard those while growing up, I didn’t hear those from my mom.


My strength comes from the ceremonies that I had learned from my dad and others. I must quickly turn to ceremony to release the harm.

 

Just like me, many Indigenous people across Turtle Island carry similar harms. I feel successful that I have been able to manipulate this harm into something that I am able to deal with, to live with and to survive in. Others may not have been able to succeed in doing this.


As September 30th approaches let us be present in this time and mindful that many of us are still carrying the harm done; the legacy of harm and our truth must be told. Let us take time to listen to truth and learn from it. Let us find ways to help others with the legacies of harm that they carry and figure out how we can help them.

 

September 30th, Orange Shirt Day, or Truth and Reconciliation Day is a day of reflection and remembering across the territories. It is NOT a day of celebration. How we reflect and what we reflect on will vary from person to person. Each of us will be remembering or reflecting on very different things.


While Canada recognizes September 30th as Truth and Reconciliation Day, let us never forget the origin of September 30th as Orange Shirt Day and the lived experience and truth of Phyllis Webstad a member of the Stswecem’c Xgat’tem First Nation, a survivor of Canadian Indian Residential Schools and the creator of Orange Shirt Day.

 

Let us be mindful that reflections will vary from person to person and the reflections Indigenous people have may trigger pain and grief.


Let us approach this day with kindness, empathy and sincerity to make change.

 

Let us work together to remain strong and support one another.


Chief Tecumseh once said, “A single twig breaks, but the bundle of twigs is strong.


NaWalka Geeshy Meegwun aka Lyndon George
Indigenous Justice Coordinator, YEN:TENE
Hamilton Community Legal Clinic

 

 

A message from HCLC:

Today is the National Day for Truth & Reconciliation.
We honour and mourn the children who never returned home and survivors of residential schools, as well as their families and communities. Public commemoration of the tragic, painful history and ongoing impacts of residential schools is a vital component of the reconciliation process.

 

As settlers, individuals, organizations, communities, and as a nation it is our job to continue to live with the discomfort of recognizing our mistakes, whether generational and/or personal. We must continue to forever carry this knowledge, putting in the hard work to learn, unlearn, and implement the changes needed in so-called Canada and around the world. Recognizing that the weight of settler’s feelings can never outweigh the damage caused to Indigenous communities.

 

Reconciliation is not an endpoint, but instead, a continuous effort and goal to think and work intersectionally toward justice, healing, and belonging.

Today is Franco-Ontarian Day!

The Clinic’s French Language Services Team will be part of the morning celebration at the City Hall to witness the Franco-Ontarian flag being raised. Over 150 kids will be present to celebrate this important date so feel free to join us at City hall at 10am!
We would also like to encourage you to wear white and/or green to show your support to our community.

Here is a short explanation of the symbolism of such day:
Not including Québec, the Franco-Ontarian community is the second community (after Acadia) to be granted an official flag. The flag has two colors: green to represent summer and white to represent winter. It also features a fleur-de-lys, the symbol of La Francophonie, and a trillium flower, the symbol of Ontario. The flag was raised for the first time on September 25, 1975 at the University of Sudbury, and the Franco-Ontarian community has celebrated its anniversary ever since. However, even though the flag has been in use since 1975, it only became the official symbol of the Franco-Ontarian community on June 21, 2001. September 25 officially became Franco-Ontarian Day in 2010.

-HCLC French Language Services Team

August 31st is International Overdose Awareness Day. A purple ribbon on a blue background.

International Overdose Awareness Day – We Grieve with & Call for Comprehensive Policy Reform

Today is International Overdose Awareness Day (IOAD).

At HCLC, we  pause to grieve for the lives lost and to offer compassion to those who continue to struggle. We stand with their loved ones, knowing that each life lost is a profound tragedy that underscores the urgent need for meaningful legal, health and social reform.

“For those who use drugs and those who don’t. For heartbroken friends and family members of lost loved ones. For activists who fight for sorely needed policy reform. For healthcare and harm reduction workers. For tireless advocates. Overdose can affect anyone, and we encourage you to remember the tenacity of our community. Lean into the power that we can have when we work together.” – IOAD Campaign. OverdoseDay.com

The evidence from countries like Portugal, the Netherlands, Switzerland, and others shows that decriminalizing drugs, combined with comprehensive health and social programs, leads to significant reductions in overdose deaths and improvements in public health. In Canada, we face an escalating overdose crisis that demands urgent and innovative solutions.

It is time for Canada to recognize that punitive laws and criminalization are not effective in addressing substance use disorders. It is time for Canada to know the housing affordability crisis, health crisis and systemic inequalities are compounding the Overdose crisis. Instead, Canada’s leaders and communities must focus on a legal public health reform and  approaches that prioritizes harm reduction, treatment, and social support. By decriminalizing the possession of drugs for personal use and investing in comprehensive social programs—including access to affordable housing, mental health services, and addiction treatment—Canada can create an environment; like Portugal, the Netherlands and Switzerland, where individuals are supported, not punished.

We call on Canadian policy makers to adopt proven strategies from around the world. By implementing these legal and social reforms, Canada can reduce overdose deaths, improve the lives of those struggling with substance use, and create a more compassionate and effective approach to drug policy. Each life lost is one too many.

For more resources, information, and ideas on how you can support: overdoseday.com/

For more information about HLO:  HamiltonJustice.ca/community-justice/mental-health-substance-involved-justice

2024 Annual General Meeting: “Dedication to Justice: Circles of Care”.

We are excited to invite you to our 2024 Annual General Meeting: “Dedication to Justice: Circles of Care”.

Come join us in celebrating intersectional commitment to justice and community collaborations. We will hear from partners, staff, and community members on making a positive impact in our community.
Light refreshments will be provided.

Location: Hamilton Central Library – Hamilton Room
Address: 55 York Blvd, Hamilton, ON L8N4E4
Date: Wednesday, September 18, 2024
Time: 5:00 – 7:30pm

Please RSVP using the link provided:

https://www.eventbrite.ca/e/dedication-to-justice-circles-of-care-tickets-946426325617

Thank you for being a part of HCLC’s network.
We look forward to seeing you!

Indigenous History Month Statement

June is National Indigenous History Month in Canada. The development of National Indigenous History Month in Canada created an opportunity to learn about the unique cultures, traditions, experiences, ways of life and ways of being of First Nations, Inuit and Metis. It is a time to honour the stories, achievements, resilience and truths of Indigenous Peoples, who have lived on these territories since time immemorial. In June, Canadians celebrate National Indigenous History Month, an opportunity to honour the heritage, contributions and cultures of Indigenous peoples in Canada. National Indigenous History Month provides an opportunity to recognize not only the historic contributions of Indigenous peoples to the development of Canada, but also the strength of present-day Indigenous communities.

In June of 2009, the House of Commons designated June as National Aboriginal Month. In 2017, the name was changed to National Indigenous History Month.

Indigenous communities have celebrated their ways of life and ways of being around June 21st because of the change of seasons. It is the summer solstice and the longest day of the year. Many Indigenous communities celebrate this day with ceremonies that may include feasting, fasting, attending lodges, drumming and singing. The change of all seasons is an important time for most Indigenous communities and ceremonies are held by many during these times.

National Indigenous Peoples Day was announced in 1996 by then Governor General of Canada, Romeo LeBlanc. This was the result of consultations and statements of support for such a day made by various Indigenous groups:

  • in 1982, the National Indigenous Brotherhood, now the Assembly of First Nations, called for the creation of National Aboriginal Solidarity Day,
  • in 1995, the Sacred Assembly, a national conference of Indigenous and non-Indigenous people chaired by Elijah Harper, called for a national holiday to celebrate the contributions of Indigenous Peoples,
  • also in 1995, the royal commission on Aboriginal Peoples recommended the designation of a National First Peoples Day,
  • on June 21, 2017 the Prime Minister issued a statement announcing the intention to rename this day National First Peoples days.

In 2020, The Hamilton Community Legal engaged it developing an internal document call the Journey to ReconciliAction to guide the organizations in its commitment to work on the Truth and Reconciliation Commission (TRC) recommendations.  The board of director’s approved  sixteen recommendations that address 14 calls to action that apply to the clinics work which are contained within the TRC’s report that was released in 2015.

The clinic was one of the first non-Indigenous agencies to release such a document. This report is available on our website at hamiltonjustice.ca. The clinic views this document as a living document embedded in building strong relationships with First Nations, Metis and Inuit communities living in Urban settings and living on reserves; including Six Nations and the Mississauga’s of the credit. Currently the board of director’s is engaged in reviewing and renewing its work in the Journey to ReconciliAction and will do this work in a good way with open minds and open hearts and in consultation with Indigenous Peoples.

In 2016, as an early act of ReconcilAction, the Board of Directors approved the closure of our clinic on June 21, Aboriginal Solidarity Day, for a dedicated day of reflection. This closure allows our staff to participate in Indigenous events, gatherings, and activities, fostering a deeper understanding and connection with First Nations, Métis, and Inuit communities.

We encourage other agencies, businesses, and organizations to review the Truth and Reconciliation Commission’s recommendations and to develop their own roadmaps and commitments to adopt these recommendations at all levels. Concrete actions, such as designating a day for staff to reflect and educate themselves on Indigenous communities and their responsibilities, are essential steps toward reconciliation.

By closing our doors on Aboriginal Solidarity Day, we hope to set an example and inspire others to take meaningful actions in support of reconciliation and Indigenous solidarity.

Pride Statement

The Hamilton Community Legal Clinic (HCLC)’s  Queer Justice Project (QJP)  wish a happy Pride to all Two-Spirit + LGBTQIAPGNC community members in Hamilton and around the world! 

 

Each year, Pride is a time for celebration and reflection, but fundamentally, it is always important to remember that it started as a riot, a protest, and a movement. Increasingly, the origins of Pride seem more relevant to our present than perhaps they were for a period. We had seen steady progress made in terms of both legal reforms and social acceptance for most Queer identities. 

 

However, this past year in particular, we have witnessed words and actions by Canadian governments and major political parties that signal that the progress we have enjoyed is now under immediate threat. Our communities have witnessed and been the target of new policies and laws that violate our human rights and jeopardize our safety, and there is reason to expect more may come in the future. 

Sadly, this year, a recent Global News article published on May 25, 2024, titled “CSIS Warns Some LGBTQ2 Events, Venues May Face Threats from ‘Lone Actors’,” highlights an alarming trend. The article recounts a harrowing incident at the University of Waterloo, where a hate-motivated attack during a gender studies class injured two students and a professor. This brutal act was a premeditated assault driven by hatred towards gender expression and gender identity.

The Two-Spirit and LGBTQIAPGNC communities are uniting with renewed determination and resilience. In response to escalating threats and hostility, communities are taking decisive and thoughtful actions on multiple fronts.  Communities are countering the spread of harmful false narratives, launching legal challenges against discriminatory government actions, and bolstering security measures to safeguard Queer events. Additionally, they are organizing protests and counter-protests, standing firm against the rising tide of human rights violations, hate and hostility. Just as they (we) have always done, we are confronting adversity with solidarity and unwavering courage.

Through it all, the spirit and joy of Queer communities will always shine through. Hate will not be allowed to define us, and nor does the seemingly constant need to struggle for our own liberation. Pride is a reminder of the where we have been, those we have lost, what there is still to do. We have the right to live our lives in joy and love, including in this moment. 

 

This year, we also want to acknowledge all other struggles for liberation across the world. Queerness spans all of human experience, and intersects with every other possible identity at some point. As a result, every struggle for liberation and equality is a Queer struggle as well. Our communities overwhelmingly recognize that, and it is why our communities often demonstrate truly beautiful acts of solidarity across movements. Queerness rights are human rights. 

 

We are powerful, and so let this year’s Pride serve as a rallying cry as well. In our own struggles for peace and equality, and in solidarity with Two-Spirit + LGBTQIAPGNC around the world who face considerable threats, torture and criminalization. We will be free, we will be equal, we will be safe, and we will be Proud.

Thank You to the Attila Csany Inquest Jury for their Recommendations

Thank you to the Attila Csany Inquest Jury for their 21 recommendations. “Housing first” needs to be the approach for Health Care and Residential Care Facilities.

The HCLC thanks the Jury for the scope and depth of their provided recommendations. We also share the belief that more work can and should be done. In the next few months, we will be working towards ensuring the recommendations are implemented, with many of them being directed at the City of Hamilton and the Ministry of Municipal Affairs and Housing. The 21 recommendations will be overseen and implemented by the coroner’s office, who will be tracking and following up with each of the listed parties. They will be working with us, the family, and all parties seeking to implement the recommendations, to ensure there is continued accountability for the work we have all done over the course of this inquests.

Recommendations from the Inquest Jury for Attila Csanyi

Thank you again for everyone’s hard work and dedication to the Coroner’s Inquest into the Death of Attila Csanyi.

Media Release: Coroner’s Inquest into the Death of Attila Csanyi

The Hamilton Community Legal Clinic, along with co-counsel Jen Danch of Swadron Associates, will be representing the family of Attila Csanyi at the upcoming Coroner’s Inquest into his death. The inquest will begin on April 30th, 2024 at 9:30 AM and is expected to continue for two to three weeks. The fourth anniversary of Attila’s passing will fall during the proceedings, on May 2, 2024. 

Attila died of a drug overdose on the roof of Jackson Square in Hamilton, Ontario on May 2nd, 2020. Seven weeks before his death Attila was evicted from his home at Sampaguita Lodging & Rest Home, a Residential Care Facility (RCF) on March 11th, 2020. His eviction occurred outside of the process outlined in the Residential Tenancies Act. Following his extra-juridical eviction, Attila was effectively displaced onto the street, and relied on Hamilton’s congregate shelter system at the turn of the 2020 COVID-19 public health crisis.

Proceedings before the Coroner

A coroner’s inquest is an opportunity for members of the public to hear about the circumstances surrounding the death of a community member and neighbour. Outcomes from a coroner’s inquest are determined by a jury, composed of members of the public. In addition to answering the five required questions mandated by the proceeding, the jury may make recommendations to various levels of government, institutions and individuals aimed at preventing future deaths under similar circumstances. 

The jury will hear from witnesses for the Hamilton Police Service, City of Hamilton, St. Joseph’s Healthcare Hamilton, and Sampaguita Lodging and Rest Home, in addition to Attila’s brother and father. It is expected that experts in the areas of homelessness, residential care facilities and tenant’s rights will also be called to give evidence. 

Anticipated Evidence and Recommendations Attila’s family will be seeking

We anticipate that this inquest will draw attention to the institutional failings that created the conditions for the destabilization of Attila’s housing and supportive care in the weeks prior to his death. The jury will hear evidence about the history of RCFs’ operations, oversight and funding structures; the unique vulnerabilities of residents living within care homes; and the role of community organizations and support workers in the overall care and wellbeing of RCF tenants. Ultimately, once all of the evidence is heard, the jury may make recommendations aimed at preventing future deaths of individuals in similar situations. 

Having spent a significant amount of time reviewing the evidence yielded through the investigation into Attila’s death and the historical, social location of Residential Care Facilities within the current housing and health care landscape, counsel for Attila’s family anticipates recommendations may flow from and be aimed at: 

  • Public transparency and oversight of Residential Care Facilities at both provincial and municipal levels of government
  • Greater recognition and increased protection of tenant rights for residents living within Residential Care Facilities
  • Improved patient-directed care within homes offering supportive care services
  • Increased outpatient psychiatric funding and multidisciplinary services to meet the needs of individuals with concurrent mental health disabilities and substance use disorders


Link to View the Inquest
To access the livestream for the inquest, please use this link:
https://firstclassfacilitation.ca/office-of-the-chief-coroner/inquest-into-the-death-of-Attila-Csanyi/ 

 

Media inquiries
At this time, we will be responding to media inquiries in writing. Please direct inquiries to the attention of “Counsel for the Family – Csanyi Inquest”  at general@hamiltonjustice.ca

Foreign landlord fails to pay taxes, CRA goes after tenant.

If your landlord is not a resident of Canada, the tenant has to pay 25% of the rent to the CRA. If they don’t, and if the landlord does not pay the required taxes, the tenant can be held liable with all of the interest and penalties.

Source: Foreign landlord fails to pay taxes, CRA goes after tenant. (Kerry Gold, The Globe and Mail Published April 12, 2024) https://www.theglobeandmail.com/real-estate/vancouver/article-foreign-landlord-fails-to-pay-taxes-cra-goes-after-tenant

 

The Hamilton Community Legal Clinic is deeply troubled by this decision. Shifting the burden of tax-collection onto renters demonstrates a stunning disregard for the protection of and well-being on Canadian tenants. The idea that a residential tenant ought to be in a position to determine their landlord’s tax obligations, if the landlord has met their tax obligations and then withhold rent accordingly, demonstrates a clear disconnection between the people writing and interpreting our laws and the real world in which Canadians live. We urge the Federal Government to quickly act to address this clear injustice.

Stop Cutting the Story Short: Re-framing Anti-Black Racism as a Public Health Issue. The following content was written by Aoife Cummins for the Global Health Student Blog (McMaster University).

Stop Cutting the Story Short: Re-framing Anti-Black Racism as a Public Health Issue.

The following content was written by Aoife Cummins for the Global Health Student Blog (McMaster University).

“On October 2nd, 2022, Marcus Charles was leaving work when he experienced an epileptic seizure. Emergency services were called and shortly after, Charles was tased by Hamilton police and charged with three counts of assault. For over a year, Charles fought to have these charges dropped, while advocating for mandatory epilepsy and seizure response training for law enforcement.”

“In the most recent instalment of the Global Health Seminar Series, Gachi Issa, the Black Justice Coordinator at the Hamilton Community Legal Clinic, shared Marcus Charles’s story. Throughout her presentation, she illustrated the holistic and longitudinal consequences of anti-Black racism within and beyond the Hamilton context, urging students and faculty to recognize this phenomenon as a public health crisis.”

“Shortly after Issa’s presentation, Marcus Charles’ charges were officially dropped, marking a step in the right direction. However, in highlighting this victory, we must not forget the scars this event has left on our community or the unchanged systems that allowed it to happen.”

Read more at: https://globalhealth.healthsci.mcmaster.ca/stop-cutting-the-story-short-re-framing-anti-black-racism-as-a-public-health-issue/