Under Attack Again – Voting Rights For Indian Country

votingrightsactArtist credit: Nick Anderson

It is 2016, and here we go again – this time in the Face of a recent Federal Court decision and order – mandating that Indian Country be given the same access to the polls as whites. You may ask, “Hmm, why is this still happening in this day and age?” Well, I can answer that simply – because we still have bigoted & racist fuckstick Politicians and Judges in America. (Yes, I wrote fuckstick and my spell checker is so used to seeing it, “fuck”, attached to 368 other words, it no longer bothers to redline it). I digress.

Backing up to the 60’s for a second – I am able to remember stories from my grandparents and great aunts & uncles that take my history back to the late 1800’s. Big Sky Country has always had its racist roots – always.  But, some of us in this great State, were raised to love, respect and appreciate all people. So, slowly things got better – SLOWLY

The History Summarized In Black & White (& Red)

Many hundreds of years ago, Whites came to this America and enslaved, killed, raped, disenfranchised and robbed the Reds, to allow Whites to steal the country – quick summary right?.

That was quick, now hundreds of years later as color emerges to the ongoing story….

In 2010, a great cat named Mark Wandering Medicine (a decorated veteran) and about 11 other devoted public servants for Indian Country, thought enough was enough and sued the State of Montana and many of it’s counties to stop it’s racist voting policies. The summary is here, written by epic reporter, John S. Adams.

The Federal suit was filed in 2012 and the Judge assigned to it was USDC Judge Richard F. Cebull, who was, as we all knew – a fairly mean spirited man (his nickname growing up was “Mean Dick”). Judge Cebull, while going through the years on the Federal Bench, hammered anyone who was a Native America in his Court. During the litigation, several allegations and reports of extortionate behavior in Chambers was alleged. In the end it was clear – Judge Cebull didn’t like the Wandering Medicine lawsuit, so he killed it.(Last Order from Cebull in re Wandering Medicine) The  lawyers on the case – including the incredibly resourceful and tenacious Steven Sandven – appealed to the Ninth Circuit.

Here’s where is gets really good – while the Wandering Medicine appeal was being argued in the 9th Circuit Court of Appeals, John S. Adams outed Judge Cebull as a bigot. It turns out, referring to President Obama’s recently deceased Mother as having engaged in bestiality (and for 300 more reasons) was of course, not a good joke. Judge Cebull, as a sitting Federal Judge was forwarding and creating emails and sending them to his cronies (other Judges, US Attorneys, FBI Agents, States Attorneys etc).

Judge Cebull – from his Court Chambers, on his Court issued Computer, off of his Court issued email address wrote:

“Normally I don’t send or forward a lot of these, but even by my standards, it was a bit touching. I want all of my friends to feel what I felt when I read this. Hope it touches your heart like it did mine.”

Which was the header to, and included the following forward:

“A little boy said to his mother; ‘Mommy, how come I’m black and you’re white?’ ” the e-mail joke reads. “His mother replied, ‘Don’t even go there Barack! From what I can remember about that party, you’re lucky you don’t bark!’ “

More on reporter Adams work on the above here.

Not surprising to anyone involved, or paying attention to Adams’ reporting on the matter, Judge Cebull was forced off the bench – or as he’ll defend – went into early retirement.

So to summarize – at pretty much the same time as the above was going on – Sandven won a reversal of Judge Cebull’s bad ruling. Sandven came back to Montana and armed himself with another veteran Civil Rights & Civil Justice champion – Alex Rate.  With Cebull now out (at the time on “vacation”) the  Wandering Medicine case was assigned to another Federal Judge (a close friend of Judge Cebull – as well as an email contact with Judge Cebull). It is widely alleged, that several strong arm “chambers” threats from the new Federal Judge to settle the matter and threats from local law enforcement -which included the arrest of one of the plaintiff’s family members – resulted in the de minimis settlement &  conclusion included here. 

Back to Cebull

Reporter Adams was still watching over the investigation into Judge Cebull and this came out:

A review of four years’ worth of emails from former Chief U.S. District Judge Richard Cebull’s federal email account found “hundreds” of emails “related to race, politics, religion, gender, sexual orientation and politically sensitive issues that were inappropriate for Judge Cebull to have sent from his federal email account.”

The holder of the emails was The Ninth Circuit Court Executive in San Francisco. For months, even years, Adams (and I did too) requested access to the emails of Judge Cebull. Hitting a road block there, Adams and one of his colleague’s, Shane Castle teamed up with The California Civil Rights Law Firm of Lawrence Organ and filed suit to obtain the emails of/from/to Judge Cebull’s Court email address. Larry Organ, it should be noted, is as fine a person as I know. He had a great Litigation Director, Matt Stanford, who is now at UC Berkeley getting his JD. Larry’s Firm also includes the heavyweights of Kris Organ, Barb Figari, Julianne Schwarz, Nicole Moskowitz and too many other great support staff to mention here..

Larry was moved, and agreed – the emails needed to be uncovered, so after many procedural pleadings and motions to keep the defendants from deleting the emails, Larry and his great staff of lawyers, filed the Adams/Castle 1st Amendment Complaint here:Adams Complaint in YGR. The government lawyers are fighting tooth and nail to keep the emails secret. On motion practice, the Government moved to dismiss and we countered. A decision from the Court on that matter is still pending as of this writing.

Back to Wandering Medicine and the Importance of Equal Voting Rights

In January 2016, Blaine County in Montana is still refusing equal access to the polls for Native Americans. In short, our Indian brothers and sisters face, in one of many discriminating instances,  a long ass drive of over 45 miles just to vote. The letter from President Azure of the Fort Belknap Tribe – to the State & County officials regarding this matter is here: FBIC to Blaine County 28Jan2016

Blaine County in Montana is about the size of Connecticut. It is twice the size of a combined Delaware and Rhode Island, and Blaine County has about 6,491 people living in this Big Sky county. Over one fifth of the population is Native Americans on the Fort Belknap Reservation.

Compare this ratio to the current fight over the voting rights being denied to those citizens in the 34 states requiring voters to show valid, state issued IDs just to cast a vote. AND – that politicians supporting these laws have agreed that these measures have affected polling results – generally helping out their own personal parties. Need I mention that these voting laws predominantly affect minority populations (understand the reference to the 1960s now?)

2016 and here we go again – racial/voter/civic equality is still under question.

Can we get some help here? Candidates? Activists? Anyone?

Mike Lair & Stephanie Daniel Lair operate Sysdisrupt.com and can be reached at Stephanie@sysdisrupt.com

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I welcome Indigenous Peoples Day

For us, and ‘US” is intended, all United States Department  of Justice employees, which include – sadly a long ass list: FBI, United States Attorneys, Homeland Security, ICE, DOJ, Office of Inspector General (OIG), the Intelligence Community (IC), collectively, the “DOJ”. Includes the likes of that lying ass Jim Clapper – these are the alphabet soup of our government – they all need an * (asterisk), to go with their bullshit self-serving Wikipedia page:

This person sat in a job, or office at the DOJ, overseeing and or directly participating in the dehumanization of Native Americans, which includes the mass incarceration of that population, so large, it has never been seen in recorded history of ANY civilization, let alone by any murderous dictator or genocidal maniac in history and that includes Custer.

Yes, that is you – as you sit in your cubicle of Government issued comfort that contributes to your self-serving neurotic rationalizing, “I’m not involved with the bad guys, really” – that is you. Osama’s driver is still in the hole for being within 10 feet of him and not reporting OBL to the authorities in America.

The ones who grease the wheels of incarcerating people of color for crimes of Weed? For shelving people into the “hole”, for denying bail, using overcharging and misrepresentations of events, for taking Native American children away from their parents, for “miscalculating” the payments due to people who are due money from the US Government, to the Judge who blindly ignores the USDOJ AUSA arguments that lack any real merit, to the dishonest FBI agent who charges an athlete for making “false” statements, to the Politician that lies to get a seat on a ticket, to the crooked South Dakota EB 5 programs, to the whittling down of veterans benefits as we sadly witnessed last week – To the DOJ staff – you are pathetic people.

GNC Deceptions abound “Detoxification” or “Detox” does not exist

Look, it is all just so much garbage – Worse than penis enlargement pills:

pGNC1-16864341nm pict“WHOLE BODY CLEANSE”

Detoxifying Companies: Top 10 in the nation, and the products they sell.

First, there are two types of “detoxification”, one which is legitimate and the other which isn’t.[1]

#1 is for detoxifying your body of addictive drugs which are life-threatening.

#2 is appears to be a flim-flam multi-million dollar industry run by alleged charlatans to sell bogus treatments that allegedly detoxify your body of toxins that have accumulated over time. This can allegedly be caused by anything from eating genetically modified foods, to preparing your body for a drug test by an employer. This report centers on the “nutritional” aspect of detoxifiers, rather than an attempt to circumnavigate a drug test.

It’s no big surprise that when one does a Google search for statistics on “detoxifying agents and products”, first-returns will offer more ads for detox products, than actual facts on detox industry statistics. This offers some insight into the efforts of the industry to have first-search priority on the web to increase profits.

The industry includes everything from claims of immune boosters, to laxatives, foot pads to recipe books, and runs the nutritional gambit from “super-foods” like coconut, to acai berries, allegedly fixing everything from cancer to kidney stones.

It appears the national chain GNC (General Nutrition Center) is a perfect example of physical literal retail biz based on the sale of vitamins, cleansers, and supplements. In addition, there appears to be an entire side-industry based on the “Multi-level Marketing” model to sell these products peer-to-peer nation wide.[2]

Some people are so desperate, in fact, to rid their bodies of supposed foreign elements in this day and age, they will resort to taking Colloidal Silver, for example, which can, in high amounts, turn humans a bluish-grey.

It must be said that there are plenty of healthy/green options in the homeopathic or naturopathic detox/cleanse industry which don’t promise an easy silver-bullet response. This report is not concerned with them, however gray the line may be.

An initial internet search brought up the following random samples, with high search identification:

  1. Cleanse and Detox “7-Day Formula” by Top Secret Nutrition.
  1. Colon Cleanse detox formula by Activa Naturals.
  1. Stat Royal Flush
  1. Assure Detox – Strawberry Mango – by Total Eclipse
  1. Super Cleanse by Nature’s Secret.
  1. Preventive Nutrition Complete Body Cleanse by GNC 
  1. Green Clean Herbal Cleanse by Detoxify.
  1. CleanseSMART by ??

The quick conclusion after several hours searching the web (FTC.gov, FDA.gov, CDC, etc) is there doesn’t appear to be ANY statistics on the Detox and Cleanse industry as a whole, in terms of how much money is made legally or illegally from consumers, who the biggest sellers truly are, or which companies have had annual sales-to-date available.

With this in mind, we headed to the biggest on-line retailer for what they report. According to Amazon.com the top selling detox and cleansing products on their website are as follows:

  1. Super Colon Cleanse, 500mg – 240 capsules, by Super Colon Cleanse.

List Price: $19.99

  1. NOW Foods Liver Detoxifier and Regenerator, 90 Capsules, by NOW Foods.

List Price: $17.95

  1. 3-n-1 Detox Cleanse by Eden Bible Blends LLC. “Confirmed by Science, Echoed Through The Ages”

List Price: $59.95

  1. Natural Ultra Detox Colon Cleanse by Vita Web.

List Price: $49.99

  1. Super Max Colon Cleanse by TerraPur.

List Price: $49.95

  1. NOW Liver Detoxifyer and Regenerator by NOW Foods.

List Price: $43.99

  1. Coconut Colon Cleanse Detox by Abundant Health

List Price: $39.95

  1. Applied Nutrition 14-Day Acai Berry Cleanse 56-count Bottle by Applied Nutrition.

List Price: $14.99

[3]

  1. Coconut Super Colon Cleanse for Detox and Weight Loss by Hamilton Healthcare.

List Price: $49.99

  1. Applied Nutrition Dual-Action Cleanse Kit with Green Tea Fat Burner Bonus by Applied Nutrition. “As Seen On TV!”

“List Price: $38.45

[1] https://richarddawkins.net/2014/12/you-cant-detox-your-body-its-a-myth-so-how-do-you-get-healthy/

[2] http://www.myitworks.com/shop/

[3] At the request of the Federal Trade Commission, a U.S. district court has ordered the marketers of acai berry supplements, “colon cleansers,” and other products to temporarily halt an Internet sales scheme that allegedly scammed consumers out of $30 million or more in 2009 alone through deceptive advertising and unfair billing practices. The FTC will seek a permanent prohibition. Since 2007, victimized consumers have flooded law enforcement agencies and the Better Business Bureau with more than 2,800 complaints about the company. http://www.ftc.gov/news-events/press-releases/2010/08/court-orders-internet-marketers-acai-berry-weight-loss-pills-and

Again, Dancing with Dishonesty – The James Clapper Christmas Declaration – 2013

Image

We all remember the above “least untruthful” testimony, or lie Mr. Clapper told – however, on December 20, 2013, James Clapper executed a sworn declaration to the Court in Jewel et al v. National Security Agency et al – Mr. Clapper declared, under penalty of perjury. (The Public Dec) 

Mr. Clapper also submitted what they call an “in camera” & “ex parte” declaration to the Judge on the matter (The Hon. Jeffrey S. White), which, unless the Judge has a strong spine (no pejorative inference intended, it would just be a big shit storm), will remain out of public view. I have to assume, it was similarly executed under penalty of perjury. (The Classified Dec is stored out of site here – WRITE TO THE JUDGE)

At the end of the day, the ACLU lawyers, Glen Greenwald, Barton Gillman, Laura Poitras all have access to the documents that might, again, prove Mr. Clapper to be submitting dishonest statements to the Court. Mr. Snowden, can we call on you to again, supply us with some more evidence – or your own In camera declaration?

 

Record Wall Street Fines, since the PSLRA was enacted

Image

Repeal the PSLRA now.  As the chaos of the biggest fucking financial meltdown in 80 years starts to calm a bit, here is a good hint:

1)      Repeal the PSLRA (discussed below) to the 1995 Law.
2)      Outlaw Mandatory Arbitration Agreements – while promoting the ability to resolve complaints against Corporations on a class wide basis.
3)     Get Vocal about the SCOTUS argument coming in re Haliburton
 

CLASS ACTION LITIGATION is good for us/people/you & me – to keep Corporations from stealing us blind – as they have done since the Corporations, in 1995 – ushered in the Public Securities Litigation Reform Act (PSLRA). That single act weakened American’s redress and rights to sue for Corporate malfeasance, fraud, negligence and misuse – all which we have seen at JP Morgan, AIG Insurance SAC Capital et al – the ones who participated in and spent millions in lobbying to usher in the PSLRA in 1995!. Funny that the genesis of the financial ruin stems from that time frame!

On the Corporate “get out of jail free card” which is called the  – Private Securities Litigation Reform Act  (PSLRA)

The Private Securities Litigation Reform Act of 1995, Pub. L. 104-67, 109 Stat. 737 (codified as amended in obscured and hidden (thanks Legislators L) in sections of 15 U.S.C.) (“PSLRA”) implemented several substantive changes in the United States that reduced Citizens rights to sue as stockholders and benefited Corporations ONLY! The PSLRA affected most all Securities cases that could have been brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation, and awards fees and expenses – ALL of which favored Corporations – like the ones who stole all of our savings, retirement accounts and stock value over the last 10 years!

The PSLRA was pitched as, and stated that it was – “designed to limit frivolous securities lawsuits” – which was bullshit – it was designed as an avenue to let Corporations off the hook!

Look, prior to the PSLRA, plaintiffs could proceed with a basis in evidence of fraud and then use pretrial discovery to seek the internal documents to see if it was true. This was a reasonable barrier to initiate litigation, which, when overseen by a competent Judiciary – ensured abuses was very low. Under the PSLRA, however, plaintiffs need way more evidence or proof (which most times the Corporations have in their possession) of fraud before they can initiate a suit. This makes it very difficult to file a suit.

The PSLRA also imposed new rules on securities class action lawsuits, in that it allows judges to decide the most adequate plaintiff in class actions – which under PSLRA is always a large institutional Investor – beholden to the Corporation. It reduced the individual stockholder’s rights – so consequently, we have had 17 years now of Corporations ripping us off! Take us back to the 1995 Securities Law!

On the Consumer Protection Act (CPA)

Justice Antonin Scalia – damn, what Justice!  But, the point is, mandatory Arbitration Clauses in agreements ruin all American citizen’s rights to force corporations to act in ethical ways. This was the tool that forced Big Tobacco to the table, Banks to stop favoring Institutional Investors over Citizens, Insurance company rippoffs, Car manufacturers to enhance safety, Drug companies to be more careful with consumer’s health, and the list goes on and on for hundreds if not thousands of examples. Take us back to removal of mandatory Arbitration Clauses! 

 

The SCOTUS crew is about to hear a case that could destroy citizens available redress on class wide basis.  More here:

http://www.scotusblog.com/case-files/cases/halliburton-co-v-erica-p-john-fund-inc/

Calls to arrest Dick Cheney in Canada next month – here is what you can DO

 

Following is the entire text of the demand letter sent to the various Canadian law enforcement agencies by the great group – Lawyers Agaisnt The War.  I am providing the direct email addresses for each of the offices for law enforcement in Canada -you can email today: 

‘mmeilleur.mpp@liberal.ola.org’; ‘jgerretsen.mpp@liberal.ola.org’; ‘attorneygeneral@ontario.ca’; william.blair@torontopolice.on.ca 

CC to ‘law@portal.ca’ 

Image

 

From: http://www.lawyersagainstthewar.org/PolTor.pdf 
L A W Y E R S A G A I N S T T H E WA R
Canada 1 604 738 0338
law@portal.ca ww w .l awy ersa g a i nstthew a r.o rg

Arrest, investigation and prosecution of torture suspect Richard Cheney 1
Sunday, October 27, 2013

Toronto Chief of Police
William (Bill) Blair
william.blair@torontopolice.on.ca

Attorney General of Ontario John Gerretsen,
Ministry of the Attorney General
McMurtry-Scott Building
720 Bay Street, 11th Floor
Toronto, ON, M7A 2S9
jgerretsen.mpp@liberal.ola.org; attorneygeneral@ontario.ca
Fax: 1 416 326 4007

Dear Toronto Chief of Police William Blair and Attorney General John Gerretsen;

Re: Duty to arrest Richard Cheney as a person suspected on reasonable grounds of authorizing,
counseling, aiding, abetting and failing to prevent torture.

Richard Cheney, former Vice President of the United States of America is scheduled to speak in Toronto
Ontario on 31 October 2013 at the Toronto Global Forum, hosted by the International Economic Forum
of the Americas at the Metro Toronto Convention Centre.

Once Richard (Dick) Cheney enters Canada:
• All of the torture alleged against and admitted by Dick Cheney, is deemed to have taken place in
Canada, pursuant to (s. 7(3.7) of the Criminal Code of Canada (CC);
• criminal proceedings can be commenced against him in Toronto Ontario BC (CC, s. 7(5);
• Canada must ensure that Dick Cheney is either investigated and prosecuted for the indictable offence
of torture in Canada or extradited to another country willing and able to do so (Convention against
Torture, Art. 7);
• Toronto Police Service (TPS) officers are duty bound to arrest and detain Dick Cheney for
investigation on suspicion of torture as part of Canada’s mandatory legal obligation to prevent and
punish torture globally;
• TPS officers are duty bound to arrest Dick Cheney to ensure the proper conduct of his investigation
and prosecution for torture in Canada or his extradition to a country willing and able to prosecute;
• TPS officers are duty bound to arrest Dick Cheney to prevent him from escaping to the United States
or some other jurisdiction where he will have ‘safe haven’ from prosecution for torture;
• the arrest of Dick Cheney can be carried out without warrant in advance of the commencement of
criminal proceedings in Canada.
As you are aware, the common law duty of police officers including TPS officers to investigate and
prevent crimes such as torture, have been enacted by statute. TPS officers also have a mandatory duty to
prevent offences against the administration of justice such as enabling a torture suspect (in this case a
person who has admitted to authorizing and failing to prevent torture) to escape prosecution.

The duty to investigate and prevent torture also arises from the Crimes against Humanity and War Crimes
Program (War Crimes Program), established to meet the challenge of investigating crimes committed
outside Canadian territory. The mandate of the War Crimes Program is to “…support Canada’s policy to
L A W Y E R S A G A I N S T T H E WA R
Canada 1 604 738 0338
law@portal.ca ww w .l awy ersa g a i nstthew a r.o rg

Arrest, investigation and prosecution of torture suspect Richard Cheney 2
deny safe haven to suspected perpetrators of [torture]… and to contribute to the domestic and
international fight against impunity.” 1

The Crimes against Humanity and War Crimes Section has received and is reviewing a request from
Lawyers against the War to ensure that Dick Cheney, if he enters Canada, is prosecuted for torture.

We remind you that neither Dick Cheney’s status as former vice president of the United States nor his
status as a guest of the Toronto Global Forum or the International Economic Forum of the Americas
constitutes a defense to torture or confers on him any temporary immunity from Canadian law. As you
are aware, TPS officers are compelled by law to ensure that the criminal law is administered in
accordance with s. 15(1) guarantee that, “[e]very individual is equal before and under the law and has the
right to the equal protection and equal benefit of the law without discrimination…”

The prohibition on torture cannot be derogated from under any circumstances including a claim of comity
and Canada’s duty to prevent and punish torture is a duty owed to individuals qua individuals and takes
precedence over any duties owed to the US as a state.2

(See,

Inaction contravenes the Articles on Responsibility of States for International Wrongful Acts3
that prohibit
states from recognizing as lawful a serious breach of an obligation arising under a peremptory norm of
international law such as freedom from torture.

Evidence of Complicity in Torture

Evidence of Dick Cheney’s complicity in the widespread use of torture by the United States is well
documented and widely available and Dick Cheney has publicly admitted to authorizing the use of
torture. For a review of some of the evidence we refer you to LAW’s letters of 30 September and 17
October 2013 or go to http://www.lawyersagaintthewar.org. These letters contain accurate summaries of the law
and references to evidence of the widespread use of torture under the authorization and direction of Dick
Cheney and other high-ranking members of the administration of G.W. Bush.
The words of Maj. General Antonio M. Taguba, author of the U.S. Army’s 2004 internal report on Abu
Ghraib, have been echoed by many scholars,
“… the Commander-in-Chief and those under him authorized a systematic regime of torture….
After years of disclosures by government investigations, media accounts, and reports from human
rights organizations, there is no longer any doubt as to whether the current [Bush] administration
has committed war crimes. The only question that remains to be answered is whether those who
ordered the use of torture will be held to account.”
4

The Law

1
Overview of Operations, mandates and Structure, Canada’s Crimes Against Humanity and War Crimes Program:
http://www.justice.gc.ca/en/ps/wc/oms-ams.html.
2
Duty to Prevent and Punish Torture: Summary of International Instruments and Canadian Law,
http://www.lawyersagainstthewar.org/tortureinfo/Duty_to_prevent_and_punish_torture.html
3
Adopted by the International Law Commission (53rd Sessions, 2001)
4
Maj. General Antonio M. Taguba (USA-Ret.), Preface to Broken Laws, Broken Lives: Medical Evidence of
Torture by U.S. Personnel and its Impacts, A Report by Physicians for Human Rights, June 2008.
http://brokenlives.info/?page_id=69
L A W Y E R S A G A I N S T T H E WA R
Canada 1 604 738 0338
law@portal.ca ww w .l awy ersa g a i nstthew a r.o rg

Arrest, investigation and prosecution of torture suspect Richard Cheney 3

Criminal Code of Canada; Under s. 269.1 of the Criminal Code of Canada, torture is an indictable
offence bearing a sentence of up to 14 years imprisonment. Aiding, abetting and counseling the use of
torture are also offences. Torture is also a crime under the Crimes against Humanity and War Crimes
Act. Once Dick Cheney enters Canada, the torture (both the torture he has admitted to authorizing and
the torture that he is accused of) are deemed to have been committed in Canada as determined by the
Criminal Code of Canada s. 7(3.7).

Jurisdiction
(3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada,
commits an act or omission that, if committed in Canada, would constitute an offence against, a
conspiracy or an attempt to commit an offence against, being an accessory after the fact in
relation to an offence against, or any counselling in relation to an offence against, section 269.1
shall be deemed to commit that act or omission in Canada if

(e) the person who commits the act or omission is, after the commission thereof, present in
Canada. (Underlining added)

2. Protecting Civil Liberties: Attached is the Protesters’ Guide to the Law of Civil Disobedience
in BC: Take Back our Communities Edition, Sept. 22, 2011, by Leo McGrady Q.C.. The guide explains
what constitutes lawful assembly and expression as part of protests conducted in public places and the
lawful role of police.

We understand that TPS officers may be under pressure to resort to exceptional measures to shield Dick
Cheney from people lawfully protesting his presence in Canada and the refusal of the Attorney General of
Canada and the Minister of Citizenship and Immigration to enforce the applicable law which include the
Immigration and Refugee Protection Act, the Criminal Code of Canada and other Canadian and binding
international law prohibiting torture.

We remind you that the right to publicly protest is guaranteed by the Charter of Rights and Freedoms. It
is therefore particularly important that TPS officers be adequately instructed to keep the peace during any
citizens’ protest that takes place on 31 October 2013 by protecting and ensuring the right to protest rather
than suppressing or violating those rights. We hope the guide attached will be made available to officers
involved in policing at or near the Metro Toronto Convention Centre, the site of the Toronto Global
Forum.

We anticipate that protesters will be calling on the TPS to uphold and enforce Canadian law and Canada’s
international law obligations to prevent and punish torture wherever it occurs, whatever the nationality
and status of suspected perpetrators and whatever the nationality of victims. We anticipate that protesters
may try to engage officers in conversation on this issue or otherwise persuade officers to act to detain
Dick Cheney.

The right (and duty) of individuals to vigorously express criticism of government policies and practices
(in this case the refusal to bar Dick Cheney from Canada) in public spaces is the foundation upon which
democracy rests. As expressed by Cory, J. in R. v. Kopyto (1987), 24 O.C.A. 81.

“… it is difficult to imagine a more important guarantee of freedom to a democratic society than that
of freedom of expression. A democracy cannot exist without the freedom to express new ideas and
to put forward opinions about the functioning of public institutions. These opinions may be critical
L A W Y E R S A G A I N S T T H E WA R
Canada 1 604 738 0338
law@portal.ca ww w .l awy ersa g a i nstthew a r.o rg

Arrest, investigation and prosecution of torture suspect Richard Cheney 4
of existing practices in public institutions and of the institutions themselves. However, change for
the better is dependent upon constructive criticism. Nor can it be expected that criticism will always
be muted by restraint. Frustration with outmoded practices will often lead to vigorous and
unpropitious complaints. Hyperbole and colourful, perhaps even disrespectful language may be the
necessary touchstone to fire the interest and imagination of the public, to the need for reform, and to
suggest the manner in which that reform may be achieved.”

As further noted by Mr. Justice Cory in the above noted decision,

“History has repeatedly demonstrated that the first step taken by totalitarian regimes is to muzzle the
media and then the individual in order to prevent the dissemination of views and opinions that may
be contrary to those of the government.”

We are ready to arrange education sessions for your police officers as to their policing duties should Dick
Cheney–a foreign national suspected on reasonable grounds of authorizing widespread torture outside
Canada—enter Canada via Toronto. Given the paucity of international humanitarian law education and
training available to police officers across Canada, the failure to provide special training as to the
requirements of the law in this situation, may well result in officers misapprehending their duties.

We will make a summary of this letter available to interested members of the public and to officers
attending any citizens’ protest.

Respectfully,

Gail Davidson

Copied to:

Solicitor General of Ontario Madeleine Meilleur
mmeilleur.mpp@liberal.ola.org;

Toronto Police Services Board
Fax: 416 808 8082