Celebrating National Indigenous History Month

June 1st commemorates the first day of National Indigenous History month. Now, more than ever, we must  to reflect upon and learn the cultures, contributions and histories of the First Nations, Inuit and Metis people. It is also a time to reflect upon and act against the colonization and genocide that is enacted by Canada.

To learn more about our indigenous justice program: https://hamiltonjustice.ca/en/community-justice/indigenous-justice/

Here’s the timeline on how Indigenous History Month came to be:

1982:  The National Indian Brotherhood (now known as the Assembly of First Nations) called for the creation of a National Aboriginal Solidarity Day on June 21.

1990: The Quebec legislature recognized June 21 as a day to celebrate Aboriginal* culture

1995: The Royal Commission on Aboriginal Peoples recommended a day be designated as National First Peoples Day. The Sacred Assembly, a national conference of Aboriginal and non-Aboriginal people chaired by the late Elijah Harper, called for a national holiday to celebrate the contributions of Aboriginal Peoples in Canada.

1996: Governor General Romeo LeBlanc proclaimed that National Aboriginal Day would be celebrated June 21 each year. “On June 21st, this year and every year, Canada will honour the native peoples who first brought humanity to this great land,” said Leblanc. “And may the first peoples of our past always be full and proud partners in our future.”

2008: Prime Minister Harper offered the full apology on behalf of Canadians for the Indian Residential Schools system.

2009: By unanimous motion in Canada’s House of Commons, the month of June was declared National Aboriginal History Month.

2017: Prime Minister Justin Trudeau announced plans to change the name to National Indigenous History Month, reflecting a national and international preference for the term Indigenous, rather than Aboriginal.

If you are interested in learning more about the Indigenous history that was not taught in schools or if you want to learn about history from the Indigenous person’s point of view, there are lots of reports. Some are quite lengthy but well worth the effort.

Reports:

  1. Report of the Royal Commission on Aboriginal Peoples: https://www.bac-lac.gc.ca/eng/discover/aboriginal-heritage/royal-commission-aboriginal-peoples/Pages/final-report.aspx
  2. Honouring the Truth, Reconciling for the Future Summary of the Final Report of theTruth and Reconciliation Commission of Canada http://nctr.ca/assets/reports/Final%20Reports/Executive_Summary_English_Web.pdf
  3. The TRC’s 94 Calls to Action: http://trc.ca/assets/pdf/Calls_to_Action_English2.pdf
  4. Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls https://www.mmiwg-ffada.ca/final-report/
  5. How Did We Get Here? A concise, unvarnished account of the history of the relationship between Indigenous Peoples and Canada – Interim Report Of The Standing Senate Committee On Aboriginal Peoples https://sencanada.ca/content/sen/committee/421/APPA/Reports/APPAReport-Phase1_WEB_e.pdf

 

Hamilton Community Legal Clinic and Queer Justice Project Pride Statement

The Queer Justice Project and the Hamilton Community Legal Clinic are proud to join the Two-Spirit and LGBTQIAPGNC (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, Pansexual, and Gender Non-Conforming) communities in celebrating 2021’s Pride month!

Once again, the circumstances certainly are not ideal. We are in the unfortunate position of having to celebrate for the second year in a row while the COVID-19 pandemic and necessary public health measures continue to restrict our ability to gather in person, as a community and as a family. The impact of this on Queer community members cannot be minimized, as we often look to each other’s company for acceptance, understanding, and safety when we are unable to find them in other parts of our lives.

These are difficult times, but Queer communities have shown their resilience time and time again. Doing our best to persevere and care for ourselves and those close to us through this pandemic is itself an act of resistance and accomplishment. Pride, as must always be acknowledged, started as a courageous act of protest during the Stonewall Rebellion on June 28, 1969, when Queer community members rose up against the discriminatory and violent actions of police. In that same vein, many battles for rights, freedoms, and acceptance have been won in the decades since, yet there is still much more to do.

Still today, including here in Hamilton, Queer communities face forces that seek to commit violence against us, that would have us repress our identities, and which propagate hatred. We watch in horror and solidarity with the U.S. Transgender community as their rights to exist in a multitude of spaces come under direct attack by transphobic groups and politicians, just as we do for all Queer communities and individuals around the world who continue to face persecution and hatred. Queer communities must stand united to protect each other and ensure that none are left behind in our ongoing battle for equity for all Queer identities and intersections. Despite these recurring attacks, we are still here, and we remain proud.

While the present is full of challenges, there is also significant reason for hope. Through the tireless efforts of healthcare and frontline workers, a collective adherence to public safety measures, and the truly remarkable development and now delivery of vaccines, we have reason to believe that we may soon be through the worst of the pandemic. Over this past year, we have all watched as collective, brave, societal action has forced the acknowledgement and the challenging of systemic racism and police violence against marginalized communities. The pandemic has also exposed many other systems that drive inequality and the exploitation of essential and vulnerable workers, with many now calling for changes that would create a more just recovery towards a new status quo. Queer activists and perspectives will undoubtedly help shape our collective path forward on these and other important issues.

The Queer justice Project has also undergone some changes this past year. We welcomed a new project lead in Michael Blashko, and have also had to change the way we work in light of the pandemic, moving to providing primarily virtual services. While we have not been able to interact directly with the community as much as we would have liked, each interaction reminds us of the strength, persistence, and pride found within all of our Queer communities. At the same time, we are reminded that no individual or community must always show strength. There is value and truth in vulnerability and in needing to take time for ourselves. We have also been privileged enough to have seen examples of this from our Queer family members during this difficult period.

We look forward to celebrating the past, present, and future of Queer rights and communities this Pride month, because there is so very much to celebrate. While we may not be able to do so in the way we would want, with us all together in person, we will connect in the ways we can, in ways that aim to keep all of us safe.

To everyone, you are beautiful and strong, and have a safe and happy Pride!!!

Statement of Solidarity Condemning Anti-Asian Racism

Hate against Asian communities is not a new issue globally, in Canada and more specifically in Hamilton. Anti-Asian racism can be traced back to the foundation of Canada from the early discriminatory treatment of Chinese railroad workers, the 1942 internment of Japanese Canadians, efforts to curb Indian immigration and many more… Since the COVID-19 pandemic there has been a surge in blatant threats, intimidation and assaults against Asians.

The fatal shooting in Atlanta on March 19,th 2021 that left eight dead, six of them being Asian women who worked in spas, is a devastating outcome. We send our heart-filled condolences to friends and family members of Delaina Yaun, Paul Andre Michels, Xiaojie Tan, Daoyou Feng, Soon Chung Park, Hyun J. Grant, Suncha Kim and Yong Ae Yue. Advancing Justice-Atlanta said in a statement:  “The shootings happened under the trauma of increasing violence against Asian Americans nationwide, fuelled by white supremacy and systemic racism.”

In Canada, Anti-Asian hate has also been on the rise. Sources that track these incidents have reported 959 incidents of anti-Asian hate crimes across Canada during the pandemic. In Vancouver, there was a 717 per cent increase in anti-Asian hate crimes from 2019 to 2020. And this is not solely a “West coast issue”. Sadly, these incidents also happen within the Hamilton area, although often underreported. This serves as a reminder of the work that is needed to make Hamilton a truly more inclusive city, free of hate. We need to work together to stand up against all forms of discrimination. To do so, we must actively listen to members of this community, learn and take action to fight against hate.

We at NHH want the Asian community to know that we stand with you now and always.

Below is a link with resources and steps that can be taken to fight against Anti-Asian racism in Canada:

https://www.refinery29.com/en-ca/2021/03/10377626/asian-american-canadian-racism-how-to-help-actions

 

We stand in solidarity with survivors of sexual violence.

The survivors who have recently come forward to expose their unjust and violent workplaces have done so in the face of potential personal, social and economic peril. It is a huge burden to take these risks and this is absolutely compounded by the precariousness of employment, income, supports and services in the pandemic. These harrowing experiences alert us to how commonplace sexual violence truly is, not just in specific industries, but in our broader culture.

Sexual violence is endemic in our society and yet only 5-8% of these cases are formally reported to police. (1) There are numerous factors that survivors have to weigh when deciding whether to report their experience(s). For instance, navigating the routes to justice while centering their own healing. This is a personal process, is rarely linear and is often complicated by intersecting factors in the survivor’s life (i.e. age, gender, race, sexual orientation, access to resources, job precarity, etc).

In our society, survivors are often not taken seriously, are blamed for the incident(s), or are shamed based on the assumption that they have something to gain from these accusations. Yet, especially in the tight-knit restaurant industry, the threat of being blacklisted and ending up jobless is very real. Sexual violence is expressed often in highly differential power relationships — employee/employer, student/teacher, staffer/politician. This power imbalance translates into who our society chooses to believe, further entrenching the powerlessness of survivors.

We know that the barriers to legal justice in these sexual violence cases are staggering. Police reports are central to the legal process but many communities do not trust police, plus the police have been known to perpetuate the most damaging assumptions about survivors. The criminal justice system then places the burden of proof on the victims, and the trial process can sometimes re-victimize and re-traumatize survivors. It can feel futile when less than 1% (2) of sexual assaults lead to offenders receiving convictions. Even if convicted, the sentencing can be insulting to victims.

Both our legal system and our community are failing survivors which is why many choose to never report their assaults.

To the survivors directly: at the Hamilton Community Legal Clinic we believe you. We say this to upend the cultural norm of doubting victims of sexual assault. We say this with the explicit intention of making space for all survivors to come forward to speak their truth and be heard. This does not mean that allegations should not be investigated. Of course they should. But we know that just because an assault does not produce a conviction, it does not mean that it didn’t happen or was exaggerated or fabricated. You and your experiences are worthy of our collective attention and concern. You are highlighting issues that many people would rather not see. We are inspired by your bravery to challenge the broader social systems and structures that make these cultures possible.

Although HCLC’s mandate does not allow us to practice in sexual violence matters, we do provide services in employment law and WSIB and are available to connect you with other community legal services. While this is not the right option for everybody, we hope this legal information will help you make an informed decision for yourself.

If you are seeking support or you would like to learn more about the #WeBelieveSurvivors movement, we encourage you to contact the Sexual Assault Centre of Hamilton and Area (SACHA) at 905-525-4162 [support line], 905-525-4573 [office line], or for more information visit www.sacha.ca.

#WeBelieveSurvivors!

 

  1. Pg. 3 https://www150.statcan.gc.ca/n1/pub/85-002-x/2015001/article/14241-eng.pdf
  2. Pg. 632 Limits of a Criminal Justice Response: (jstor.org)

 

Black Entrepreneurs

To honour Black History Month, Centre Francophone Hamilton would light to highlight black francophone entrepreneurs on our social media. If yourself or someone you know would like to participate, please fill out this short form.

The Colour Of Health – recording available

Please see this video recording of our event ” The Colour Of Health – Black Healthcare Justice” which was held on February 3rd, 2021.

 

 

 

 

Statement in solidarity with Hamilton’s Ward 3 office

We stand in solidarity with victims of hate in Hamilton and call for a thorough investigation into the alarming voicemail messages recently left for the office staff of Ward 3, home to the city’s only racialized councillor. We stand in solidarity with Councillor Nann and the Ward 3 staff.

The timing of these calls highlights how hatred, intolerance and exclusion already present in our community may be triggered by influences south of the border. In the days following insurrection at the U.S. Capitol, the malicious caller issued violent and threatening messages toward Black people and cited contacts with far-right and white-nationalist groups. These disturbing calls follow on the surge in local hate incidences after the inauguration of Donald Trump as U.S. President in January 2017.

We must acknowledge our society’s own complicity in allowing hate to grow and work to keep it at bay. Hamilton has among the highest rates of hate crimes and hate incidences in the country, and this should compel us to examine the structures and practices that have allowed for this dubious distinction. It also points to the need for loud and unequivocal checking of hate manifestations as they occur.

We echo Cllr Nann’s commitment to “report the act of hate, speak about it and act with an even deeper commitment to democracy, accountability and justice.”

As Hamilton celebrated Lincoln Alexander yesterday, “a man who rose above existing prejudices and racism to help shape the diverse and inclusive country that we live in today” (quote from Hamilton Police Service statement), we urge HPS to fully investigate these incidences of hate, including any ties with  far-right and white-nationalist groups involved, and to set a high bar for addressing it.

We also call on Mayor Fred Eisenberger and every member of City Council to denounce these incidents and to respond to them with the full power of their offices.

 

 

No Hate in the Hammer is the Hamilton coalition of individuals and organizations working together to make Hamilton a truly inclusive city where everyone is free from all forms of hate.

No Hate in the Hammer statement of solidarity with the Jewish community

We stand in solidarity with Shaar Hashomayim and members of the Jewish community in denouncing the vile anti-Semitic vandalism against a place of worship.

No Hate in the Hammer, the Hamilton Ontario coalition of individuals and organizations working together to make Hamilton a truly inclusive city where everyone is free from all forms of hate , learned with shock and sadness of the hateful anti-Semitic vandalism and attempted arson at Congregation Shaar Hashomayim, one of Montréal’s largest synagogues. Four giant swastikas were spray-painted on the entrance doors of the synagogue by a man who was also carrying a large gasoline canister. The desecration of a place of worship with an abhorrent symbol of hate must be condemned.

We stand in solidarity with our Jewish brothers and sisters in Montréal, Hamilton and elsewhere, and unequivocally condemn this despicable act of hatred. We are strongly committed to a Canada which is safe and welcoming to all. There is no place in our society for hate based on religion or ethnicity.

Sadly, we remember that Hamilton synagogues, too, as well as houses of worship of other religions, have suffered similar acts of desecration in the past few years. We are pained when we think how members of those synagogues who now call Canada home might come there to pray, only to see the same symbols that in their youth were worn by those who brutally murdered their loved ones. This must stop.

One of the founding board members of No Hate in the Hammer, Rabbi Hillel Lavery-Yisraëli, noted the irony in painting swastikas on the doors of the Shaar Hashomayim synagogue. “In Hebrew, ‘Shaar Hashomayim’ means ‘the gate of Heaven.’ There is much that we don’t know about what awaits us in the afterlife, but I think we all know that any Heaven worth going to does not have a white-supremacist entrance policy.”

Eli Wiesel, Holocaust survivor and Nobel laureate said: “I swore never to be silent whenever and wherever human beings endure suffering and humiliation. We must take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.”

We call upon our leaders and friends and ask that we all do everything we can to root out hate from our midst, once and for all. We cannot afford to remain silent.

In sadness, solidarity, and hope,

No Hate in the Hammer.

Joint Statement re: Hamilton City Council’s December 9, 2020 Meeting Of The General Issues Committee

JOINT STATEMENT

The Hamilton Community Legal Clinic (HCLC), Hamilton Social Medicine Response Team (HAMSMaRT) and Keeping Six (K6) issue the following joint statement in response to Hamilton City Council’s December 9, 2020 meeting of the General Issues Committee, wherein an encampment update regarding expenses was on the agenda.

Some City Councillors have alleged that the encampment litigation was nothing more than a “stunt” that was deliberately launched on the Friday before a summer long weekend.  We wish to set the record straight on the rationale and timing of the encampment litigation this past summer.  For anyone interested in a comprehensive timeline of events, please see keepingsix.org/encampments for an interactive timeline of our interactions with the City on this issue. As previously stated we, along with Wade Poziomka from Ross & McBride, had reached out to the City’s legal counsel and Housing Services staff about our concerns regarding the dismantlement of encampments well before a motion for an injunction was filed. These concerns are well documented elsewhere and we will not reiterate them here. 

While the City did agree to listen to our concerns, we had just started meeting with staff and counsel to come to an agreement . Throughout this process, we were insistent about our desire to resolve matters informally and out of court.  We were also candid about the fact that, if the City were to plan a further dismantlement, it would force the parties into litigation.  

On July 28, 2020, HAMSMaRT and K6 received a call from the Director of Housing Services advising that the encampment on Ferguson would be cleared on July 31, 2020.   We sent emails and made calls to Housing Services, the General Manager of Healthy and Safe Communities Paul Johnson, and City Counsel. The leads on this file,  Paul Johnson as well as the City’s legal counsel, were both on vacation when the call was made to dismantle the Ferguson encampment. The City staff and legal counsel who did respond were unable to make a written commitment that no one would be forcibly removed against their will.  With less than three days to go, we were forced to file for an injunction to stop the dismantlement. On July 30, 2020  a Superior Court judge was satisfied that there was a risk of “irreparable harm” to encampment residents, and the injunction was granted.  Of note, the City took no position on the injunction.  The injunction was later extended on consent. If the City were interested in really looking at what prompted the injunction, they need look no further than who ordered the dismantlement of Ferguson while we were in talks with City staff as to how to resolve this out of court.

As such, it should be abundantly clear that the decision to file for an injunction before a long weekend was not a “stunt”.   There was a long lead up that was full of communication between the parties, and never was the possibility of litigation unclear.  The timing and necessity for the injunction was entirely in response to the City’s plan to dismantle the Ferguson encampment.  

The injunction was an absolute last resort for us and even after  it was granted, we continued to reach out to the City for an informal resolution. These efforts continued until the 11th hour, when the City agreed to enter settlement discussions in mid-September.  An agreement was reached shortly thereafter. The vast majority of the legal fees incurred by the City would have been avoided had the City agreed to enter settlement discussions with us immediately after the injunction was granted, as we had proposed.

In the recent GIC meeting, the allegation that a tent drive created artificial homelessness was again raised.  These allegations demonstrate a fundamental lack of understanding of the issues that have driven more people to sleep unsheltered across our entire country during this pandemic. City councillors in Hamilton alleging that the increase in people sleeping rough in our city was caused by the very people who work every day to serve these individuals is an embarrassment.  

Last week’s GIC meeting also discussed the recent Defund the Police and Invest in Housing protest. A number of councillors are conflating the work of K6/HAMSMaRT and the Hamilton Community Legal Clinic with the Defund HPS  organizers. The City of Hamilton has a rich history of political activism and social justice movements.  There is not “one party” with “one individual” behind recent events.  There are in fact many groups who are both deeply concerned about the housing and homelessness crisis, and committed to effecting change. Further, we take issue with the council’s smearing of the Defund HPS organizers.  As an organization that has chosen  to work through institutional channels, be it the City bureaucracy or the courts, we respect and deeply recognize the need for a diversity of strategies for achieving changeWe believe that ire of those in council should be directed at the injustice, not those raising it for resolution.  

In addition to misrepresenting the issues, some councillors have reduced their arguments to the level of personal attacks, namely against Dr. Jill Wiwcharuk, who has worked tirelessly to serve the community for more than a decade.  The contorting of the advocacy Dr. Wiwcharuk does in the interest of her patients into “harassment and hijinks” is simply shameful. 

This issue of housing is one of the most pressing of our times. It is exhausting and unproductive to repeatedly have to respond to unfounded allegations while we are working daily on the streets with our patients, clients and friends who are dying from the inaction. Currently, all signs point to a worsening not an improvement of the problem.  We recognize and have repeatedly acknowledged that the problem of the housing crisis is bigger than anything the City has capacity to resolve on its own.  Our simple request from the beginning of the pandemic was to ask the City to refrain from doing harm by further dislocating people who had nowhere else to go.

We are proud that our actions have played a role in achieving some measure of that modest request.  There is much work to be done, but there has been a shift in culture with respect to encampments and how to engage with people in ways that don’t do more harm. 

But now we need to do more than just do no harm. We need honest, intelligent conversations that trade in facts, and not attacks and deflections of responsibility.  We need imagination and ideas that both build and depart from the status quo. Let’s build on City and community partnerships and work together for an inclusive community, actively engaged in making Hamilton a better place for everyone.

 

An Open Letter To The City Of Hamilton RE: Metrolinx Owned Properties and the Prioritization of Affordable Housing

 “As you know, the Hamilton Community Legal Clinic provides services to the most marginalized members of the Hamilton community as we advance legal rights within a context of intersecting social issues to ensure individuals’ basic needs are met. 

Our role offers us a concrete window of exposure to the implications of the housing crisis facing the country, province and our locality. Reoccurring concerns are both immediate and long term: the first being the urgency of the immediate need for adequate affordable housing and the future concern of how policies today fuel or ameliorate the future housing stock. We are alarmed about the fate of the Metrolinx owned properties. We call on the City to leverage this opportunity to guarantee that these properties be utilized for affordable housing”

For the complete letter, read the PDF below:

Nov 19 20 Ltr to City re Metrolinx housing

For some more statistics on why we should invest in housing, read the PDF below:

Replace and invest in housing now stats[1]