January 19/10

It seems we have another MMF director from the past who sees no merit in proceeding with this slap lawsuit. William Flett from Selkirk has withdrawn his action. Since this was written up by Murry Trachtenberg he is careful to enter (without costs to any of the parties). 

Well guess what. There has been a really high cost to myself as a defendend and to you the Metis people. With the trial around the corner I suspect William Flett did himself a favour by retracting his name from the suit. He will now not be required to show us exactly how he was defamed and how this cost him actual humiliation and income. I am just waiting to ask each and every remaining Board Member who was a party to this rediculous suit some difficult questions.

On another note I have just recieved a subpoena from Mr. Trachtenbergs office reguiring me testify as an adverse party witness on Tuesday March the 10th. He even enclosed a check for my services. Since I am my own lawyer, and witnesses are required to remain outside the court room until called, does this mean I somehow can be in two places at one time. Does this also mean I can subpoena Mr. tracthenberg and pay him $28.00 and sumon him to appear as an adverse party witness. I have a lot of questions I would like to ask him but he would take the stand that he is acting for his clients and can not disclose anything. I also plan to declare I am acting for my client and therefore am protected from saying anything that could adversely disclose client/solicitor information.

 I need a legal opinion on this from someone who has seen this before. Please email me at oakhammock101@yohoo.ca

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Wednesday, Jan 06/10

 Metis Dance History - Asham Stompers - They are going to dance at the Winter Olimpics

The European Exploration and the eventual settlement of Canada began with the fur trade. The merchants of New France were the first to realize its potential riches, but their traditional English enemies were not far behind. It was the English who first organized the fur trade after the Hudson Bay Company received its royal charter in 1670 which granted it sole trading privileges to the vast area which drained into the Hudson Bay. In the next few years the Company built trading posts around the shores of Hudson Bay. The Most important of these was York Factory, established in 1682. Here Company ships came each summer from England, bringing trade goods and supplies and returning with rich cargo of furs for sale in Europe

Such a cold climate demanded warm human relations and within a few brief years officers of the Hudson Bay Company were eagerly taking Native wives. By 1763, the majority of the HBC’s employees were of “mixed blood”. This new class of people, “Half-breeds’’ as they were called, inherited unexpected new skills (European AND Native) necessary for the fur trade. In fact the fur trade could not have been carried out without the Company’s acquisition of the traditional skills of the Native women. The Native wives made pemmican which the Voyagers could live on for months without any other food supplement. They also made snowshoes and made and repaired canoes which were of coarse vital to the fur trade. Today, all Canadians of Native and European descent proudly call themselves Métis. These Métis people were the first to journey into the interior. The formation of the province of Manitoba was largely a Métis achievement.

The Red River Settlement (now the City of Winnipeg) was founded at the junction of the Red and Assiniboine Rivers in 1812. Indeed most of the important historical events concerning the fur trade happened in or near the Red River Settlement. The Red River colony was unique. For years the settlers at the Red River were virtually isolated from the outside world. In order to attract men from the remote posts with their dog trains laden with goods to trade at the Company store the settlers engaged in lively parties which often lasted all night. The Scots and the Métis both had a long tradition of dancing and considered it a perfect way to cheer up winter evenings. One onlooker reported:

“Jigs, reels, and quadrilles were danced in rapid succession, fresh dancers taking the place of those on the floor every two or three moments. A black-eyed beauty and a strapping Bois Brule would jump up on the floor and out do their predecessor in figure and velocity and above the thumps of the dancers’ heels and the frequent Ho! Ho! Were the loud laughter of the crowd and the fiddle-shrieks of trembling strings as if the devil were at the bow. It was not uncommon for a dancer to wear out a pair of moccasins in one evening. The festivities continued till dawn when the fiddlers and dancers were all exhausted.”

From 1822 to 1869 Red River was the home to this rich cultural mix of people who, on a whole, lived in harmony with each other. Said one resident of the Red River, “There is hardly a lock and key, bolt or bar, on any dwelling house, barn or store amongst us and our windows are … without any shutters. We are all like one family.”

As the number of settlers increased however the Métis found themselves unable to adjust to the settled life of farming and moved westward toward Portage La Prairie and smaller communities in an attempt to recreate their traditional lifestyle.

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Kirk Makin (Justice Reporter)/Wednesday, December 23, 2009

The Supreme Court of Canada transformed the country's libel laws yesterday with a pair of decisions that proponents say will expand the boundaries of free speech.

The court ruled that libel lawsuits will rarely succeed against journalists who act responsibly in reporting their stories when those stories are in the public interest.

It also updated the laws for the Internet age, extending the same defence to bloggers and other new-media practitioners.

Chief Justice Beverley McLachlin said that Canada needs to keep in step with several other Western democracies that have provided greater protection to the media.

"Freewheeling debate on matters of public interest is to be encouraged and the vital role of the communications media in providing a vehicle for such debate is explicitly recognized," Chief Justice McLachlin said in a pair of 9-0 decisions.

Although the court acknowledged that free expression does not "confer a licence to ruin reputation," it argued society is best served by fearless commentary and investigative journalism.

The court ordered new trials for a Toronto newspaper that exposed a questionable land deal and an Ottawa newspaper that raised questions about the conduct of a police officer who helped search for survivors after the September 11, 2001, attacks on New York.

The media were exultant about the rulings. "This is a historic turn for Canadian media, who have long suffered an undue burden of proof," said Globe and Mail editor-in-chief John Stackhouse. "We should not take our responsibility any more lightly, but we should celebrate the fact that the heavier blinds of Canadian libel law have been pulled back. The acceptance of this new defence by the Supreme Court of Canada will greatly advance the cause of freedom of expression, transparency and responsible journalism in Canada."

Chief Justice McLachlin said that context is critical. She urged trial judges not to parse controversial statements in isolation, but to consider the entire subject matter.

Other critical factors listed by the court were: the seriousness of a published allegation; the public importance and urgency of the issue; the status and reliability of a source; and whether the plaintiff's side of the story was sought and accurately reported.

In the first case - Peter Grant v. Torstar Corp. - the court said that a Toronto Star reporter worked hard to get to the bottom of allegations that Mr. Grant and his company might have used political influence in securing the location of a private golf course development.

Paul Schabas, a lawyer for the Star, said yesterday that the ruling "is hugely important; the most important libel decision ever released by the Supreme Court. It is a victory for the right to speak responsibly about public matters - to put issues to the public and let the public debate and decide."

The second ruling involved a former Ontario Provincial Police officer - Danno Cusson - who presented himself as a trained dog handler at ground zero after the September 11, 2001, attacks.

Reports in the Ottawa Citizen characterized Mr. Cusson as a wannabe who got in the way of legitimate searchers while he was attempting to free trapped survivors.

The ruling cancels a $125,000 award a jury made to Mr. Cusson at trial.

Dean Jobb, a journalism professor at University of King's College in Halifax, said that a revamping of the libel laws was long overdue.

"The court has recognized that the definition of 'journalist' is expanding in our online world," Professor Jobb said. "Bloggers and anyone else publishing information on matters of public interest can claim the defence, provided the way they gather and present the news conforms with the ethical standards of journalists."