Brantford requests CF assistance with Native Protests

[Hotspur]

From the Hamilton Spectator, Friday May 23, 2008

http://www.thespec.com/News/Local/article/373755

This article is somewhat different than the one on the cover of the newspaper today, as it makes no mention of the Canadian Forces request.  Here's how the print version begins.

"The City of Brantford wants to put the Canadian Forces on notice for a potential riot by aboriginal protestors.  That request is a highlight of a court document that goes before the Superior Court today and which includes a request for $110-million in damages and relief.  The motion being filed by the city asks the judge to notify the attorney general that the services of the 'Canadian Forces are required' because tensions continue to rise as the frequency of protests picks up. 'A physical confrontation and disturbance of the peace or riot is inevitable and imminent,' said the motion"

It then continues with the line 'we felt, as council...' and continues as is printed online (for the most part).  I'm not sure why there are two published versions of this, and why the CF isn't mentioned in the online article, it is kind of an important part of the story and has a sub-headline on the paper today.

Communities near my home in Hamilton have been dealing with strong native protests for the past few years, I'm not certain whether or not the Canadian Forces have been put on notice before but the headline certainly caught my eye.  So I'm curious to hear opinions on this, whether this situation seems to warrant Canadian Forces participation and what people think in general about CF personnel being utilized in disputes with first nations people.

My opinion thusfar is that the native land disputes have been completely mismanaged by all levels of government.  Both McGuinty provincially and Harper federally seem to want to keep this issue away from them with a 10-foot pole.  I understand politicians wanting to avoid being responsible if any deaths occur as a result to these protests, that's serious political baggage when facing elections, but a hands off approach is not making this go away.  I guess I just worry about Canadian Forces being put in a situation, where they could be villified for doing their job if things go badly, especially when the politicians are so afraid to go near this problem that there is no real leadership being shown in resolving this situation other than with using force as a deterrent.  If the situation is serious enough to call in Canadian Forces, then it is serious enough to warrant direct, focused and unflinching attention from our governments and politicians.

 

[The Bread Guy]

Attached find a scan - shared with the usual disclaimer - of the version of the Canadian Press story that appears online @ the Globe & Mail as of 10am 23 May 08:
http://www.theglobeandmail.com/servlet/story/RTGAM.20080522.wbrantford0523/BNStory/National/home

 

[SeaKingTacco]

One tiny little problem- the City of Brantford has no authority to ask for the assistance of the CF.  They must first speak to the Attorney General (Solicitor General?  I get those two mixed up constantly...) of Ontario, who would then approach the CF through the Aid to Civil Power route.

It is meant to be the last resort- when you have admitted that the local constabulary plus the might of the OPP cannot handle the situation.  It is not meant to allow the locals to get out of negotiating or otherwise dirtying their hands.

 

[Yrys]

It is meant to be the last resort- when you have admitted that the local constabulary plus the might of the OPP cannot handle the situation.  It is not meant to allow the locals to get out of negotiating or otherwise dirtying their hands.

I'm a civilian and no SME. I'm not sure how/if the army could refuse a request by the Attorney General/Solicitor General, if they judge this to be the case...

 

[Hotspur]

That's what the city is doing, this all came out of a motion, put before a judge, so that he could inform the attorney general of the request for the CF.  Brantford city council declared the opening of hostilities as imminent and impossible to avoid.  I am not certain how accurate that is but that is their assertion in their court motion.

I perhaps worded things improperly, especially around the line about using force as a deterrent, my main point is that I have not seen very much political involvment or leadership trying to solve the problem, and I don't much like the fact that the situation has gotten bad enough that the 'Aid to Civil Power route' even needs to be considered.  I just wish that I saw an equal correlation between the escalation of the problems with an escalation in political attention to try to solve those problems.

 

[SeaKingTacco]

To invoke "Aid To Civil Power", The Ontario Govt has to (basically) admit they have exhausted all other courses of action and the situation is well and truly out of hand.

Can you honestly say that is the case here?

In any case, once the CF is (hypothetically) involved, the show is still being run by Ontario- NOT the CF.  That's why they call it Aid to the Civil Power, not Take over from  the civil power.

 

[Hotspur]

To invoke "Aid To Civil Power", The Ontario Govt has to (basically) admit they have exhausted all other courses of action and the situation is well and truly out of hand.

Can you honestly say that is the case here?

No I cannot say that, I will defer to your knowledge on the matter here.  I have no knowledge of how the Aid to Civil Power functions and it was not my intention to argue over that point.  I'd still also be interested to hear peoples thoughts on the politics of the situation in Brantford, beyond whether or not it is realistic that the CF would be involved the situation is still an interesting one in our neck of the woods.

 

[Fishbone Jones]

One tiny little problem- the City of Brantford has no authority to ask for the assistance of the CF.  They must first speak to the Attorney General (Solicitor General?  I get those two mixed up constantly...) of Ontario, who would then approach the CF through the Aid to Civil Power route.

It is meant to be the last resort- when you have admitted that the local constabulary plus the might of the OPP cannot handle the situation.  It is not meant to allow the locals to get out of negotiating or otherwise dirtying their hands.

To invoke "Aid To Civil Power", The Ontario Govt has to (basically) admit they have exhausted all other courses of action and the situation is well and truly out of hand.

Can you honestly say that is the case here?

In any case, once the CF is (hypothetically) involved, the show is still being run by Ontario- NOT the CF.  That's why they call it Aid to the Civil Power, not Take over from  the civil power.

So how did Toronto get our guys from Pet with snow shovels and (Reserve) Bisons?

 

[TCBF]

So how did Toronto get our guys from Pet with snow shovels and (Reserve) Bisons?

- Same same BC fires in 2003 - BC had thousands of unemployed forest workers who knew the woods, would have been great fire fighters.  We were NOT needed.  We were just 'easier'.

 

[TCBF]

To invoke "Aid To Civil Power", The Ontario Govt has to (basically) admit they have exhausted all other courses of action and the situation is well and truly out of hand.

Can you honestly say that is the case here?

In any case, once the CF is (hypothetically) involved, the show is still being run by Ontario- NOT the CF.  That's why they call it Aid to the Civil Power, not Take over from  the civil power.

- The CF may be legally bound to respond, but HOW and with WHAT they respond is their call - not the provinces.  Recall the large inside joke of responding to the Toronto snowstorm with WHEELED vehicles. If we were REALLY
worried, we would have sent tracked vehicles with grousers.  But it was not a real snowstorm, just a city council lacking the size of pee-pees needed to command and organize the resources within their own boundaries.

 

[Blackadder1916]

As some are making comparisons with or using examples of certain domestic ops, it should be clarified that not all CF operations in support of civilian authorities are "aid of the civilian power". 

The doctrinal pubs may have changed, but this extract from a CF pub may somewhat explain the differences.  Of course, requests from a provincial attorney general for aid to the civil power may be abused.  That 'supposedly' was the case with the 1999 snowstorm and Toronto's request for assistance.  However, any assistance requested from and provided by the CF regardless of the circumstance can be billed to the requesting authority.  It doesn't happen too often because the fed gov't doesn't like to look mean, but (according to reports) Toronto was billed for the response to the snowstorm.

B-GG-005-004/AF-000 Joint Doctrine for Canadian Forces Joint and Combined Operations (1995-04-06)

1903. SCOPE OF DOMESTIC OPERATIONS

1. Domestic operations are conducted as either aid of the civil power or assistance to civil authority.

2. Aid of the civil power is armed assistance by the Canadian Forces provided to provincial authorities following an appropriate request in any case in which a riot or disturbance of the peace is beyond the powers of the civil authorities to suppress, prevent or deal with. Operations in aid of the civil power are intended to help maintain or restore the rule of law and internal order.

3. Aid of the civil power is specifically addressed in Part XI of the National Defence Act. Operations in aid of the civil power are conducted in response to a written requisition from a provincial attorney general or equivalent addressed to the CDS for assistance in a situation involving contravention of the rule of law which is beyond the powers of the civil authorities to cope with. On receipt of the requisition, the CDS establishes an appropriate force (e.g., a JF) and conducts operations in support of civil authorities to restore and maintain order until civil authorities can re-establish control.
. . .

6. Assistance to civil agencies is the provision of unarmed military assistance by the CF to municipalities and civil organizations to cope effectively with incidents or projects in the jurisdiction of these local agencies. This type of CF assistance is initiated by a written requisition to the minister of national defence for unarmed assistance. A CF response to such a requisition is discretionary in that the minister may or may not accept the commitment to provide assistance.

7. Assistance to civil authorities in public welfare emergencies consists of the provision of unarmed military assistance by the CF at the request of a provincial government or federal department responsible for rehabilitation when a disaster or incident beyond the powers of the province or department to cope with effectively has occurred. The CF's provision of this type of assistance is mandatory and is in response to special temporary measures specified by the Governor in Council when a declaration of public welfare emergency is made under the Emergencies Act.
. . .

 

[211RadOp]

Interesting article. Seems as if the City of Brantford may need some help

http://www.nationalpost.com/news/story.html?id=547132

Brantford seeks army intervention for native protests
Craig Offman, National Post 
Published: Wednesday, May 28, 2008

Predicting an imminent riot, an Ontario town will likely find out tomorrow if it can call in the Armed Forces in the event of civil unrest from militant native Canadians.

The unusual petition, which could set an example for muncipalities facing similar conflicts, is part of an injunction requested by the City of Brantford. The manufacturing centre - and the birthplace of hockey great Wayne Gretzky - is seeking $110-million in damages for alleged damages due to disruptions in development.

Meanwhile, the controversial Haudenosaunee Development Institute (HDI) and supporters allege that the city and developers are building on land that does not rightfully belong to them.

The 135-page matter sits before the Ontario Superior Court after a one-week adjournment.

"We're hoping that development will continue, that threats and intimidation will cease, and people will get back to work," said James Calnan, the city's acting mayor.

"We need to act responsibly to protect the municipal interest, including a significant threat to public safety."

Alleging the unlawful activities of the defendants - including the HDI - have led to mounting tensions, the document predicts that "a physical confrontation and disturbance of the peace or riot is inevitable and imminent."

The injunction alludes to Part VI of the National Defence Act, which provides for troops to restore order only in the event of a riot or disturbance that provincial authorities cannot contain.

If the power were granted by the Superior Court, the matter would require approval from provincial Attorney General Chris Bentley, who then would have to petition the commander of Canada Command, a division of the Armed Forces responsible for the conduct of all emergency operations in the country.

He then would consult with the Minister of Defence, who would sign off on what could be an unprecedented move to quell civil unrest.

"It's only done in exceptional circumstances," said Lieutenant Commander Diane Grover, a Canada Command spokeswoman.

No one she spoke with in Canadacom could come up with a historical precedent for this kind of emergency.

Hamilton lawyer Michael Bruder, who represents several developers in the area, said that his clients welcome the move. "They're hoping this either brings negotiations further or sets a precedent on how towns will deal with these kinds of occupations."

Mr. Bruder also acts on behalf of builders down the highway in Caledonia, where natives and builders have been locked in an unresolved, sometimes violent, standoff for almost two years. The deadlock has cost the province more than $50-million to police.

Unlike Caledonia, which calls upon the vast resources of Ontario Provincial Police, Brantford relies on its much smaller municipal force of 150 officers.

Earlier last week, the injunction also elicited support from provincial Progressive Conservative leader John Tory.

"We were pleased to hear of the decision by the City of Brantford to pursue this avenue in the absence of any meaningful action or resolution from Mr. McGuinty or his government," said Mr. Tory on May 22.

The McGuinty government has been urging negotiations as the preferred approach to the standoff and has called on the federal government to resolve Six Nations' land claims.

Defendants did not return calls for comment.

At a hearing in Brantford's court house last week, 60 Six Nations rallied in front, while inside 66-year-old Ruby Montour told the room that she had every right to demonstrate in a peaceful manner.

"This very courthouse sits on our land and it hasn't been paid for," she added, according to the Brantford Expositor. The hearing followed two city bylaws, one that forbids unauthorized demands for payments as a precondition for development and another that prohibits unlawful interference with city-approved development.

The first regulation targets the HDI, the organization that has allegedly demanded payments from developers who hope the money will help them avoid unruly protests on contested property.

The second takes aim at protesters who might stand in the way of builders.

National Post

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[Yrys]

See also http://forums.army.ca/forums/threads/76726.0.html

"If the power were granted by the Superior Court, the matter would require approval from provincial Attorney General Chris Bentley, who then would have to petition the commander of Canada Command, a division of the Armed Forces responsible for the conduct of all emergency operations in the country."

That doesn't seems to be  a process that can be done quickly when there is a riot or disturbance.

 

[Hotspur]

Either way the courts decide here the papers make it sound like it will be precedent setting as no one seems to remember a situation like this and a call for military power in Canada.  I'll reserve further comment until I hear how the courts decide, but either way it will likely set the tone for military involvement in enforcing law and order around native land claims nation wide.

 

[Old Sweat]

Hotspur,

The city is not requesting potential military assistance re any land claims; it is concerned that the situation may exceed the law enforcement assets under its control. In my opinion, for the CF to be employed here, the considerable power of the OPP would first have to be found wanting and the McGuinty government would have to develop the balls to admit that the situation was beyond its control.

In the bad old days of the Militia Act, local jurisdictions had the authority to call out the local militia unit to assist in maintaining law and order. However in that era the police forces will small, ill-equipped and not well prepared to confront angy crowds. I believe in the majority of the cases, the mayor was siding with the owners of enterpises faced with labour disputes; in other words the troops were being used as strikebreakers. Because of perceived abuses of the power by local politicians, the NDA only granted authority to the provincial, not local, government.

I wonder what game the mayor is playing? Is he trying to intimidate the native protestors? Is he trying to pre-empt the situation? Is it a bit of butt covering in case things did get out of hand? Or does he just feel powerless and is genuinely calling for help? Hopefully he understands the implications of what he is doing. Let's all hope and pray that the situation is resolved peacefully.

 

[TrexLink]

Whichever way it goes, you can take it for granted at the Army will get the short and dirty end of the stick. Second-worst job imaginable.

WRT Toronto's blizzard, given that the city had (has) no authority to directly request CF assistance, the request must have been passed through Queen's Park.  If a bill was sent out by Ottawa, I wonder to whom it was sent?

 

[Greymatters]

"6.  Assistance to civil agencies is the provision of unarmed military assistance by the CF to municipalities and civil organizations to cope effectively with incidents or projects in the jurisdiction of these local agencies. This type of CF assistance is initiated by a written requisition to the minister of national defence for unarmed assistance. A CF response to such a requisition is discretionary in that the minister may or may not accept the commitment to provide assistance."

Dont local armory and base commanders still have the ability to support local municipalities, using their own organic resoources, without higher-up approval?  Or has this been taken away nowadays? 

 

[Hotspur]

I wonder what game the mayor is playing? Is he trying to intimidate the native protestors? Is he trying to pre-empt the situation? Is it a bit of butt covering in case things did get out of hand? Or does he just feel powerless and is genuinely calling for help? Hopefully he understands the implications of what he is doing. Let's all hope and pray that the situation is resolved peacefully.

My guess, and it is just a guess, is that he's using the request for the military as political leverage to hopefully force Queen's Park into action.  By requesting the CF he has garnered more media attention then he would have otherwise, and has at every opportunity attempted to imply mass riots were 'imminent'.  Hopefully this request has the effect of getting the Premier's attention before his dawdling on this issue starts to endanger people.

I don't think any provincial or federal politician really wants to see soldiers on the ground in Brantford, it would be a political nightmare for them to explain.

 

[TrexLink]

"6.  Dont local armory and base commanders still have the ability to support local municipalities, using their own organic resoources, without higher-up approval?  Or has this been taken away nowadays? 

Only in cases of clearcut, major disasters where communications are either slowed or cut, rather than put lives at risk by not helping.  There are limits to what sort of assistance can be provided as well.