This past week has been full of disturbing news, but a couple of punishing litigations have been launched that are particularly upsetting, and I wanted to bring them to your attention. I’m going to start with the lesser known one first, because it is super common that when Indigenous women reach out for support, they receive much less money and attention.
I have been in awe of Rachel Snow since the early days of Idle No More, and she is currently being sued for defamation to the tune of a million dollars, by chief and council of Chiniki Band. Rachel is a member of the Wesley Band, both part of the Alberta Nakoda First Nation. She has been a tireless advocate for her people, and has faced intense backlash because of it. Like many First Nations people, she has asked pointed questions about Indian Act governance, and has fought hard for transparency in processes which impact the future of Aboriginal and Treaty rights. It hasn’t made her popular, and this lawsuit is yet another example of an attempt to silence her.
The kinds of things Rachel has said and done to advocate for herself and others, echo the words and actions of countless First Nations people across Canada. This lawsuit is a disturbing tactic that could be replicated many times over elsewhere.
For more information on the situation, please watch this APTN segment: ‘I didn’t think it was serious’ Rachel Snow gets sued by her band council for speaking out.
The fundraiser is here:
Support Rachel Snow
You have probably already heard of the Galloway lawsuit. I’m just going to copy/paste some of this from the fundraiser page:
On October 29, 2018, Christie Blatchford published an article in the National Post stating that Steven Galloway was suing a total of 20 individuals, including the woman who had initially accused him of sexual assault, for defamation of character. The article publicly outed the woman formerly known only as the Main Complainant, and also named several other individuals in the CanLit community.
This nuisance lawsuit is a calculated attempt to silence and punish people who spoke out as part of the #UBCaccountable and #MeToo movements, and in the main we’re talking about students without much in the way off assets. Litigations like these are incredibly stressful; they create an atmosphere of fear, and they effectively silence people for the duration of the case.
There has been a lot of initial support for the defendants, but this case is extremely important and potentially precedent setting, and it is going to take a lot of resources, both in time and money, to fight. For more information on the lawsuit, this is a decent article: Novelist Steven Galloway files defamation suit over sexual assault allegations.
For some interesting commentary about proposed anti-strategic lawsuits against public participation (anti-SLAPP) legislation in BC which could impact the outcome of this lawsuit, Richard Warman has you covered in his piece published October 29, 2018.
For timely advice to those who are facing a defamation suit, Lisa Jean Helps tweeted out a fantastic thread.
You can contribute to this fund here:
Galloway Suit Defense Fund
As someone who has regularly been threatened with lawsuits in an attempt to shut me up, and as someone who has experienced the stress of a malicious litigation, I am particularly worried about the impact these two lawsuits are going to have on the wellbeing of the defendants, both those currently named, and those who may potentially become included in the Galloway suit. These lawsuits demand so much time, money, and emotional energy; resources that inevitably detract from the work these defendants could be doing instead. It is not cheap to launch such lawsuits; this is something generally only available to people with means and deep pockets.
I am hoping that as a community we can come together to provide the support needed to face these abusive processes.
7 Comments
Thohahente Weaver · October 31, 2018 at 1:46 pm
Thank you for posting this. Rachel is a mentor and is considered part of our family. She needs everyone’s support so she can fought this and do the work she need to do to step the next attempt by the bands at Stoney to delegate lands to non-Indigenous developers.
Our friend Alicia Elliot is named in the other suit. I hate the fact that has silenced her at such a critical time in our fight for survival as peoples.
Rene Ariens · October 31, 2018 at 3:02 pm
Deep gratitude for posting this overview of the current bullying that pervades the colonial system of just us (pun intended) Rachel has been inspirational and has found wide support through her thoughtful analysis of current events and clear communication to others who lack her insight and experience. Sad to think that having access to money determines justice in what used to be a peaceful and fair land..
Rudolph Wratten · October 31, 2018 at 3:10 pm
I see a lawsuit, or anything that brings something to an open courtroom, as an opportunity to let the facts be known.
Like it or not, a defamation case should be easy to defend, just prove your case.
There’s far too much ‘he said she said’.
About 10 percent of the people who lose in a defamation case are eventually found guilty of purjury.
âpihtawikosisân · November 1, 2018 at 9:32 am
Nothing “easy” about any litigation. And you’re ignoring the incredible cost to both launch this kind of litigation, and to participate in it, even to the slightest extent.
There’s far too much “waah waaah free speech except if you say something I don’t like I’m going to sue your ass”, and 75% of statistics are made up on the spot there, Rudolph.
phil badiz · November 7, 2018 at 8:54 am
bravo!!
Sandra Tomsons · February 8, 2019 at 6:11 am
I am so glad that I have discovered this important blog. I found the discussion of Metis identity that happened many years ago very insightful and helpful. I am a settler who has so much to learn about these important things. I am hoping time is ripe for more justice and no ‘just us on Turtle Island’. When there is justice for First Nations, I think there will be justice for Metis and everyone else.
peyakokapawiw strongblood · May 16, 2019 at 9:33 am
counter sue the band. their entire indian act governance structure is not legitimate anyway. recent international rulings regarding indigenous peoples inherent right to self-governance based on traditional cultural norms and structures Set precedent for supporting this. if ndgns ppl are selling out (hey, what ever happened to the nation building narrative anyway; im not against eco-devo but only responsible and consensus based community capacity building) then they need to be removed from decision making positions. colonization by proxy is what that is and toxic unhealthy money-motivated unqualified and ignorant would-be-banana-republic-dictators on the rez i dont care which rez need to be sent a message. ppl like this are short term thinkers and dont really have the vision or integrity to see the bigger picture of INDIGENOUS CULTURAL SURVIVAL. the western world has shown what it is capable of creating and what it creates is destructive to this planet and every living being on it. we dont need more colonizers on band council doing the dirty work for the brits (thats an intentional reference). we need tribal warriors loyal to their nations who have the self discipline honor and vision to promote and sustain healthy development that will protect whats left of our ancestral homelands not sell them to the highest bidder.