Cheyenne Arnold-Cunningham
Cheyenne Arnold-Cunningham spoke 59 times across 7 days of testimony.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good morning. My name is Cheyenne Arnold-Cunningham, and I am here representing the Union of B.C. Indian Chiefs, alongside my colleagues Meagan Berlin, who is in attendance virtually, and Mary Ellen Turpel-Lafond, who will be in attendance on future hearing dates. As mentioned this morning, the Commission is mandated with examining and assessing the basis for the Government of Canada's decision to declare a public order emergency and the appropriateness and effectiveness of the government's responses to the Freedom Convoy situation. As a representative for Indigenous governments and the only type of such representative who has been granted full standing in this inquiry, the Union of B.C. Indian Chiefs has a direct interest in the accountability of Canadian governments for their actions. All exercises of emergency, colonial, Canadian government powers fundamentally impact the relationship between the First Nations and the government, First Nations with their inherent right to self government and other protected rights under Section 35 of the Canadian Constitution. The Union of B.C. Indian Chiefs is a representative of Indigenous governments and First Nations in British Columbia. Its purpose is to support and promote the efforts of First Nations in B.C. to affirm and defend their title and rights. The Union of B.C. Indian Chiefs has a unique role in British Columbia and Canada and has extensive expertise in government engagement and policy development in relation to, among other things, government accountability, policing, human rights, anti-racism, and the rights of Indigenous peoples generally. With over 40 years of experience, the Union of B.C. Indian Chiefs is uniquely positioned to share how government's decision making is connected to the Indigenous people's concerns relating to the convoy protests and to address the appropriateness and effectiveness of government's response in relation to those concerns. It will be important for the Commission to understand Indigenous perspectives about the events leading up to the proclamation of an emergency, as well as the use of the Emergencies Act itself. It's also extremely important for the Commission to understand and consider the unique context, histories, experiences of the diverse and distinct First Nations and Indigenous people across Canada. This includes a consideration of the historic and ongoing oppression of Indigenous peoples by the application of Canadian law and policy and the use of state force and powers. The Indian Act, land displacement and the reserve system, the residential school system, the 60's scoop, missing and murdered Indigenous women, systemic racism, the increasingly disproportionate incarceration rates of Indigenous peoples, the increasingly disproportionate rates of Indigenous youth and children in Canada's child welfare system, and the assault and apprehension of Indigenous land defenders, who seek to protect their ancestral lands and sacred resources from, for example, logging, commercial fisheries, gas export and hydro dams. State use of power is inseparable from the daily and lived experiences of First Nations and Indigenous peoples across this country. There are many Indigenous nations and Indigenous governments across Canada, and the Union of B.C. Indian Chiefs represents a portion of these communities. So I want to acknowledge all of the Indigenous peoples who have been impacted by this situation. I want to acknowledge the Indigenous territories where these events took place. I want to acknowledge clan mothers who are in this room and who I met this morning, Noeline Villebrun, Dene clan mother from Yellowknife, and Sandra McKenzie, Cree clan mother from Sucker Creek Treaty 8. The decision of the Commission, the policy discourse before the Commission and any policy recommendations made by the Commission will have longstanding impact for future use of federal government emergency powers. The Union of B.C. Indian Chiefs is here to ensure that the government's emergency powers will be used appropriately moving forward, as they may be exercised against First Nations and Indigenous peoples. Thank you.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good afternoon. My name is Cheyenne Arnold-Cunningham and I’m counsel for the Union of BC Indian Chiefs. I’m going to be directing our questions today to Deputy Stewart. So we’ve heard a lot in this inquiry and even today on the topic of consultation. The Union of BC Indian Chiefs would like to know what First Nations Governments, representatives, members or indigenous groups did you consult with during the Freedom Convoy situation?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Are you aware of any efforts on behalf of the Government of Canada or Police Services to consult with First Nations of the territory?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
On which the events took place?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
From a public safety perspective would you agree that it is important for the Government of Canada and Police Services to consult and cooperate with First Nations of the territory in a situation like this, in a public order emergency event?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Thank you. Are you familiar with federal legislation which came into force on June 21st, 2021 to affirm and implement the United Nations Declaration on the rights of indigenous peoples also known as “UNDRIP”?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
If I could please ask the Clerk to bring up document BCC00000049 and I would like to just quickly go to section 5, which is on page 5 of that legislation. While the Clerk brings that up, Section 5 essentially mandates the Government of Canada to, in consultation and cooperation with indigenous peoples, to take all measures necessary to ensure that the laws of Canada are consistent with the declaration. Can you explain at all prior to your departure in the role, how laws and policies were being aligned with UNDRIP within Public Safety Canada and how that would specifically relate to a public order emergency event?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Thank you. Did you consider UNDRIP or work to implement it at all in carrying out your role and mandate within Public Safety Canada, and specifically in responding to the Freedom Convoy situation?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. And just – oh, thank you. Just one last question. Is public safety or policing response to a public order emergency event, from either a strategic, operational or tactical point of view, is it different depending on who is involved in the assembly or the event?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Just to follow- up on that; if I can keep the same document up, but go down to page 14. Appended to the legislation is a copy of UNDRIP. And I would like to draw your attention just very quickly to Articles 26 and 28. Articles 26 and 28 are, I won’t read through them for timing purposes, but what they essentially say, is that indigenous peoples have the right to the lands, territories and resources which they’ve traditionally owned, occupied, or otherwise used and acquired, that states shall give legal recognition and protection to these lands, territories and resources and that indigenous peoples have the right to redress when these lands, resources or territories have been confiscated, taken, occupied, used, or damaged without their free, prior and informed consent. Keeping in mind these articles and UNDRIP as a whole, and the unique, distinct, legal rights that indigenous peoples hold, does the protection and recognition of these rights, should they impact how Government responds to those rights in a public assembly?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Would you be able to confirm who you think might be able to answer that question?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. Thank you very much for both of your time, and thank you to the Commission for the opportunity to ask our questions.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good afternoon. My name is Cheyenne Arnold-Cunningham. I'm counsel for the Union of BC Indian Chiefs, and I will be directing all of our questions today to Commissioner Lucki. Commissioner Lucki, did the RCMP consult with First Nations governments or Indigenous groups or representatives during the convoy situation?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. Actually, would you mind mentioning what the names of those teams or groups maybe who take on the lead of consultation and cooperation with local First Nations and Indigenous groups?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
No, that’s ---
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Thank you so much. That’s helpful. Are you familiar with Bill C-15 which received Royal assent and came into force as federal legislation on June 21st, 2021, to adopt and implement the United Nations Declaration of the Rights of Indigenous Peoples, also known as UNDRIP?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
I take it that you're familiar with section 5 which mandates the Government of Canada to take all measures necessary to align the laws of Canada with UNDRIP?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Would you ---
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Would you agree that UNDRIP plays a significant role in policing and police policy in Public Order Emergency events?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. Your recent May 22, 2022 mandate letter mandates the acceleration of RCMP reform over the next two years. The Union of BC Indian Chiefs is wondering if you could explain what the RCMP is doing to ensure implementation of UNDRIP in the context of assembling demonstrations and public order emergency events?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. You mentioned, actually, earlier, of the Management Advisory Board as a recently established body within the RCMP.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Is there any mandated First Nations’ civilian representation on this board?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Thank you. And can confirm whether or not you’re aware of the RCMP updating its strategic plans, and policies, and protocols to ensure alignment with UNDRIP, or is that kind of work ongoing?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. Is policing response in public order emergency event different depending on who is involved in that assembly or event?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. If I could ask the clerk to please bring up OPP00000601, and I’ll just stay on page one of that document. Commissioner Lucki, we’ve looked, actually, at this email exchange today already, but on February 2nd, 2022, there was an email exchange between yourself, Commissioner Lucki, and your subordinate, Supt. Brewer of “E” Division.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
In the email exchange, Brewer notes at the bottom of page 1: "I/we do not presume to have all the answers. However, we have been heavily engaged with these sort of ideologically-driven protests for a while now. Through hard earned experience, we have managed to pick up a few strategies that may help." He then refers to old-growth logging, Coastal GasLink, and other “ideologically-driven” protests. You replied to his advice to say thank you for the “great response” and you reference that you had used these points in your briefings of superiors like ministers. The Union of BC Indian Chiefs would like to know if Indigenous peoples advancing their rights through public assembly and awareness strategies would be considered “ideologically-driven” protests in the same way or the same manner as the Freedom Convoy was considered.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. Just to ask one last follow-up question on that, considering Indigenous peoples have unique and distinct set of legal rights -- and we see that in UNDRIP and, for reference, I can cite to you Articles 26 and 28 -- but oftentimes Indigenous people do not have redress to properly address their rights and oftentimes they have to assemble in a public forum to seek recognition and implementation of their rights in different contexts, do you think that there should be a different response by government in consideration of kind of this uniqueness of Indigenous assembly?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. And I’m going to wrap up with just a few quick questions. Before I began asking you our questions today, the deputy commissioner today mentioned that he had not read the Ipperwash Inquiry Report. Commissioner Lucki, have you reviewed this report?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. And are you aware of dynamics of systemic racism and, specifically, anti-Indigenous discrimination in policing and responding to public order or emergency events?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
No, just broadly within the RCMP, are you aware of dynamics of systemic racism and policing of Indigenous peoples?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. May I ask one last question, Commissioner?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
In the past, Indigenous peoples defending their rights and speaking up for their distinct legal rights have been profiled as causing public order emergency events or disturbing the peace. We are now in a new era of recognition and affirmation of Indigenous rights, especially since the passing of Bill C-15; would you agree with that?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
And would you agree that it's important for Indigenous peoples to be able ---
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, my apologies. Thank you so much for your time today, and thank you, Commissioner, for the opportunity to ask our questions today.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good afternoon. My name is Cheyenne Arnold-Cunningham and I'm Counsel for the Union of B.C. Indian Chiefs. I will be directing our questions today to Mr. Vigneault, but I welcome the answers of any participant on the panel who may be able to supply additional information. Mr. Vigneault, are you familiar with Bill C15, which received royal assent and came into force as federal legislation on June 21st, 2021, to adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples, also knows as UNDRIP?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
So under that legislation, the Government of Canada is required by Parliament to take all measures necessary to ensure that the laws of Canada are aligned with UNDRIP. How is CSIS meeting this obligation?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. That's what I was going to ask next. We noticed in your mandate letter that you've been mandated to advise Minister Mendocino on deficiencies within the CSIS Act that require modernization. So I just wanted to confirm if a review of the CSIS Act for alignment with UNDRIP has been prepared within the agency.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. Thank you. Does CSIS consider Indigenous rights in conducting its assessments and evaluations?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, great. Thank you so much. Has ---
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Oh, I'm going to make note of that document and I'll take a look at it, but I'd like to move on to the next question for ---
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. Thank you. Branching off of that -- thank you for bringing that up -- has CSIS considered whether UNDRIP's implementation means that there should be distinct considerations on CSIS's ability to monitor non-violent and unarmed First Nation's people who engage in activism pertaining to their lawful rights, even in situations that are perceived to be public order emergency events that are allegedly unlawful?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. I’m going to wrap up with just a few last questions. So, in your mandate letter in May 2022, Minister Mendicino mandated that CSIS must work to eliminate any systemic racism or unconscious bias in its operations. He specifically made reference to ensuring that “minority communities” are not subject to unfair scrutiny in the name of national security and that CSIS “ensured the intelligence and evidence used when making determinations are free of bias, prejudice, and up to date”. What work is CSIS doing or planning specifically to eliminate anti-Indigenous discrimination in its operations, monitoring, intelligence gathering, and analysis, or reporting to other government to other government branches or agencies specifically in the context of Indigenous rights defenders?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. And last question, do you have any specific Indigenous officials working in those advisory positions, whether it be an advisory body, an internal committee, or just an advisor to advise on matters such as making sure, you know, surveillance of ideologically motivated activism doesn’t supress legitimate activism by Indigenous peoples regarding their rights?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. Thank you so much for your time today. Those are all of our questions.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good afternoon, Minister. My name is Cheyenne Arnold-Cunningham and I’m counsel for the Union of B.C. Indian Chiefs. We’ve heard a lot today already on the topic of consultation. So we’d like to ask, did you consult or cooperate with local First Nations or Indigenous groups during the Freedom Convoy situation and/or the decision to invoke the Emergencies Act?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay. Thank you. From a Public Safety viewpoint, do you think that it’s important during public order emergency event for Public Safety Canada and Police Services to engage with First Nations in the local territory?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
So in your mandate letter dated December 2021, you were directed to implemented the United Nations Declaration of the Rights of Indigenous Peoples, which is also known as UNDRIP. Are you familiar with Bill C-15, which came into force as federal legislation in June 2021 to adopt and implement UNDRIP?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Great. Thank you so much. I’ll actually jump off the last few points that you made there. So speaking of Bill C-20 and the work that you’re doing there, would you agree then that ensuring Indigenous participation and presence on oversight bodies of the RCMP, as either decision makers or complaints investigators, would assist in that acceleration of RCMP reform moving forward?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
What about the CSIS Act; are there any plans to ensure modernization of this legislation and alignment with UNDRIP?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. So in considering all the work that you’re doing to implement UNDRIP, and your mandate, and Bill C-15, and another piece of your mandate, which is to work in partnership with Indigenous peoples to advance their rights, considering UNDRIP’s implementation, do you think that there should be, then, distinct considerations on CSIS and the RCMP and their ability to monitor and respond with enforcement action against non-violent and unarmed First Nations people who engage in activism pertaining to their lawful and distinct rights, even in situations that might be perceived or profiled as being a Public Order event?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. And then in thinking about the practice of consultation and cooperation with Indigenous peoples, and in the context of responding to a situation like the Freedom Convoy situation, or Public Order emergency events, and looking at it in this context of a multijurisdictional landscape, and First Nations’ jurisdiction and sovereignty and rights and territories, how is Public Safety Canada, then, now going to build in consultation and cooperation in these contexts?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Thank you so much for your time today. Those are all of our questions. Thank you to the Commissioner, as well.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good afternoon, Minister Lametti. My name is Cheyenne Arnold-Cunningham, and I'm counsel for the Union of B.C. Indian Chiefs.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
This Inquiry is, among other things, considering the extent to which state emergency powers or exceptional policing powers should be used when there is a Public Order event. For Indigenous peoples, it's often been the case that they must assemble and organise into a social movement to seek attention to the denial of their rights or even advance the recognition of their rights. Sometimes the response of police and the Government of Canada has been to target or punish Indigenous peoples for organising or speaking up for their rights or upholding their traditional laws, and treating these events as emergency events. Should the approach to Public Order events, specifically when it's Indigenous peoples involved in defending their rights, take into account their distinct and unique contexts as Indigenous peoples, including the long history of government denial of their rights, and as you mentioned earlier in your testimony today, the reality of racism and anti- Indigenous discrimination in policing and our justice system?
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you. As Minister of Justice, you brought forward Bill C-15 to implement the United Nations Declaration of the Rights of Indigenous peoples, also known as UNDRIP, and this was a major shift in affirming the recognition of Indigenous rights, and now there's a process to prepare a federal action plan. Under this legislation, at section 5, the Government of Canada is mandated to take all measures necessary to align the laws of Canada with the requirements and minimum standards embedded in UNDRIP. Can you describe how Justice Canada is meeting this obligation, and considering we only have a little bit of time, if you could keep it specific to policing and public order events that would be helpful.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Okay, thank you very much for your time today. Those are all of our questions.
-
Cheyenne Arnold-Cunningham, Counsel (UBCIC)
Good afternoon. My name is Cheyenne Arnold-Cunningham. I'm counsel on behalf of the Union of B.C. Indian Chiefs. The Union of B.C. Indian Chiefs has a significant interest in the exercise of emergency powers by the Canadian Government, generally. In this Inquiry, we have been particularly interested in understanding how emergency powers were used in the Freedom Convoy situation, and whether the use of state emergency powers respects Indigenous rights and jurisdiction. Solely on the facts, Commissioner, we have just one brief factual submission. We highlight from the evidence that there was limited, if any, consultation and engagement with local First Nations Governments of the territory. On this, I draw your attention to the testimony of two witnesses who had close knowledge of this matter. First, we heard from Deputy Minister of Public Safety, Rob Stewart. In response to a question from the Union of B.C. Indian Chiefs regarding which First Nations governments, representatives, and Indigenous groups were consulted with during the convoy situation broadly, he testified that he was not aware of any consultation efforts, and he narrowly connected it to matters associated with law enforcement and urban areas or at border points. He also testified that he was not aware of efforts on behalf of the Government of Canada or police services to consult with First Nations of the territory. However, it was later noted by counsel for Canada that Canada did engage with Indigenous leaders, specifically regarding blockades, but none where First Nations leaders of the territory where the events occurred. This is factually significant to us. This was further confirmed in the evidence of RCMP Commissioner Brenda Lucki. In response to questions from the Union of B.C. Indian Chiefs about whether First Nations of the territory were consulted, she testified that she was not sure. She noted it definitely did not occur in the Ottawa area, but there may have been efforts to do so in British Columbia, Alberta, and Saskatchewan, but overall she was not sure. Commissioner Lucki's evidence seems to suggest that generally speaking engagement with Indigenous peoples in these contexts occurs when there is Indigenous involvement or if the event was on Indigenous land, but noted that there are special teams that exist for that purpose. The Minister of Public Safety, Minister Mendicino, confirmed that it is important for Public Safety Canada and police services to engage with First Nations of the territory, and that it's also important for this to be built into the response to Public Order Emergency events across the government broadly. Minister Mendicino also emphasised that this type of engagement requires relationships to be built with Indigenous leaders so that we can move forward with reforms inspired and governed by the United Nations Declaration on the Rights of Indigenous peoples. Commissioner, the evidence in this Inquiry illustrates that there was a lack of recognition of Indigenous jurisdiction in a Public Order Emergency event, and a lack of respect for Indigenous rights, specifically including the obligation to engage properly with the First Nations governing body that is a representative of the traditional territory or territories where a Public Order event occurs. This is noteworthy and important as the coordination of jurisdiction and authority must include First Nations governments and representative leaders from the territories impacted. We thank you for the opportunity to be part of this Inquiry and to provide our submissions on the facts today. Thank you, Commissioner, Commission Counsel, it's been a pleasure participating in this Inquiry alongside the parties and their representatives, and we look forward to our continued participation in the upcoming policy phase.