Introduction From Mark Sandler
Zionism is not a dirty word. I am proud to be a Zionist. Ninety-one percent (91%) of Canadian Jews believe Israel has the right to exist as a Jewish state. Make no mistake about it. The Jewish community is under attack when anti-Israel protestors label all Zionists as "racist" or "genocidal" and demand that Zionism and Zionists be barred from universities. We dealt with the “Zionism is racism” movement in the 70’s (captured in UN Resolution 3379) and ultimately the United Nations revoked the resolution in 1991. The Soviet Union led the movement to describe Zionism as racism, relying in part on the notorious Protocols of the Elders of Zion, a fabricated text that detailed a Jewish plot for global domination. It continues to be widely circulated today. Our community and our allies are constantly assailed for conflating antisemitism and anti-Zionism. “We are anti-Zionist, not antisemitic” is a rallying call for the uninformed and the malevolent. It sounds legitimate to those ignorant of its history. But it distorts the meaning of Zionism which, simply put, is the right of Jews to self determination in our ancestral lands. We believe in a democratic Jewish state with equality rights for all minorities. Criticizing Israel’s policies, its government, its military, the settler movement is not antisemitic when the criticisms do not apply a double standard. But being “anti-Zionist” demonizes 90% of Jews and the State of Israel’s very legitimacy. Enter Canada’s Indigenous peoples. We have seen countless examples of those who claim that the Canadian Indigenous experience justifies anti-Zionist hatred and decolonization "by any means necessary” – often excusing, ignoring, condoning and in too many instances, celebrating Hamas’s brutality. They claim that they speak for the Indigenous community when they occupy university campuses, and exclude Zionist Jews and their allies from community spaces. Well, they don’t. In their important piece below, the Hon. Harry LaForme and Janice LaForme discuss the response to anti-Zionist occupations by the official leadership of the Chief and Council of the Mississaugas of the Credit First Nation (MCFN) whose Treaty Lands and Traditional Lands have been used – more accurately misused – to promote hatred and antisemitism.
Toronto Metropolitan University
On March 21, 2024 the Honourable Harry LaForme, Anishinaabe, asked Judge McDonald to involve him and Mark Sandler in the review of the October 20, 2023 Letter of Unequivocal Solidarity with Palestine signed by numerous students at the Toronto Metropolitan University law school (TMU).
In this letter of request, Harry LaForme shared with Judge McDonald what compelled him to write the letter:
Over the weekend of March 16 / 17, I saw a photo of a banner prominently displayed in the TMU student centre saying "Zionism off our Campus." The clear and intended message is "Jews off our Campus." I note that the banner was displayed in a student center that resides on the treaty and traditional territory of my First Nation, a territory that diverse peoples were welcomed to by the Anishinaabe people. Applying the "colonial settler occupier oppressor oppressed" theme that runs through the October 20th letter - The authority to exclude anyone belongs to us; the original inhabitants, and even then, we would first consider the views of our Treaty Partners. The existence of the State of Israel is a fact. It is a nation member of the United Nations. However much some may wish otherwise this is a factual reality. Israel exists as a sovereign nation. I support the rights and responsibilities Israel has as a nation state; its right to exist and its right to defend its existence. I accept that the vast majority of Jewish people share a common national identity that is connected to the State of Israel. It is remarkable that a university appears to allow unchallenged the antisemitic and erroneous denial of these realities on its campus. I am a Zionist… And as a Zionist I am not welcome on the TMU campus by members of its university community. Adopting the "colonial settler occupier oppressor oppressed" theme in the October 20th letter - is it not extraordinary that, as an Anishinaabe member of the Mississauga of the Credit First Nation, I am told by colonial settler occupier members of the TMU (individuals who are part of the current colonial regime that oppress Indigenous people in Canada), that I am not welcome on the treaty and traditional territory of my people?
On May 22, 2024 Karen Restoule, Anishinaabe-Kwe and Harry LaForme, Anishinaabe co-authored a brief that they submitted to the Parliamentary Standing Committee on Justice & Human Rights for its study of antisemitism. They told the Standing Committee that:
Our Land, the Treaties, our values, and our hospitality are being abused. Leaders of universities, government, and law enforcement – all considered to be Treaty Partners – are allowing this to happen. University codes of conduct and Canadian laws are not being enforced. It appears that all protest activity is treated as “free speech” by those who carry responsibility for the public. The focus is on whether the “speech” is free and protected, rather than on whether the conduct or speech aligns with the Treaties or The Seven Sacred Teachings. Perhaps, they should begin by examining the illogic of their own activities on our ancestral Treaty lands. A modern-day Chief Pontiac is needed who respects all and fears none. Our Treaty partners must enforce the law and codes of conduct on campuses and communities across the country. Codes of conduct consistent with the Treaties and The Seven Sacred Teachings should be developed. The IHRA working definition of antisemitism must be applied by all who fall within areas of federal oversight, influence, and authority. Indigenous people should be consulted with about how Treaty Lands will be used. Universities must stop the false narratives. Facts, reality, truth – not fiction, feelings and ideology – should be taught.
Universities, Colleges & School Boards that reside on Treaty Lands & Traditional Territory of the Mississaugas of the Credit First Nation
8 of the 23 publicly-funded universities and 7 of the 24 publicly-funded colleges in Ontario reside on the Treaty Lands and Traditional Territory of the Mississaugas of the Credit First Nation (MCFN).
The 15 universities and colleges publicly committed to honour the Treaties and to make space for Indigenous knowledge and perspectives. The vast majority of them publicly display some form of Land Acknowledgement.
The 15 universities and colleges publicly committed to maintaining an inclusive environment for its students, faculty and staff.
TMU, University of Toronto (U of T), York, Ontario College of Art & Design (OCAD), McMaster, Waterloo, Wilfred Laurier and Guelph reside on the MCFN’s Treaty Lands and Traditional Territory.
8 publicly-funded school boards in Ontario and their associated schools reside on the MCFN’s Treaty Lands and Traditional Territory. The Toronto District School Board alone has nearly 600 schools and the Toronto Catholic District School Board has about 200 schools.
Ogimaa-Kwe (Chief) Clair Sault writes the Presidents of 6 universities:
On June 26, 2024 Ogimaa-Kwe (Chief) Clair Sault directly wrote to the university Presidents of TMU, U of T, York, McMaster, Guelph and Waterloo. She felt it necessary to call upon these Presidents to:
Put an end to the hatred, bigotry, antisemitism and ignorance existing on their campuses;
Restore peace and harmony to their campuses;
Make them safe for Jewish students, staff and faculty and to make them safe for all people;
Enforce the Treaties of Peace and Friendship; and
Adhere to the Seven Sacred Teachings.
What Ogimaa-Kwe Clair Sault said
Ogimaa-Kwe (Chief) Clair Sault told the presidents that European settlers were welcomed to Turtle Island (now known as Canada) and the original relationship between Indigenous people and the settlers was based on mutual respect, honour and the sharing of the land and resources.
Treaties of Peace and Friendship, grounded in the Seven Sacred Teachings, were entered into by the settlers and the Indigenous people. These Treaties stressed peaceful and equal coexistence.
The Peace and Friendship Treaties have existed for over 400 years. They exist today; their existence is acknowledged by our courts. They continue to govern all our relationships. These Treaties apply throughout Canada. And they apply to the universities, colleges and schools - their students, faculty and staff, and to all communities situated on the Treaty Lands of the MCFN.
The Presidents of the U of T, TMU, York, McMaster, Guelph and Waterloo were reminded that they are Treaty Partners and as Treaty Partners they are bound by the Treaties of Peace and Friendship, legally obligated to consult with and accommodate the MCFN perspective about how MCFN’s Treaty Lands are going to be used. And, they were reminded of their promises to make space for Anishinaabe values and perspectives in policy and decision-making that would inform how MCFN Treaty Lands would be used.
“MCFN objects to their Treaty Lands being misused to exclude, to harass, for antisemitism and lawlessness. The MCFN is dismayed by the hate directed toward their Jewish brothers and sisters whom the First Nation has always welcomed on their Treaty Lands. In strong terms, MCFN rejects; the false narratives that perpetuate hateful conduct toward Jewish people; any correlation between the events in Gaza and Israel and reconciliation work lead by Indigenous people in Canada; all forms of violence against Jewish or any other group of people based on their race or religion; and all assertions of revolutionary violence 'by any means necessary' and that 'all forms of resistance are justified.' The MCFN told the Presidents that it supports both Palestinian and Jewish self-determination. The MCFN supports the existing Jewish state of Israel and the creation of a Palestinian state that would see them exist together in peace with mutual respect and non-interference in the affairs of the other.”
The Presidents were called upon to restore peace and harmony to the campuses, to make them safe for Jewish students, staff and faculty and for all people, to enforce the Treaties of Peace and Friendship, and to adhere to the Seven Sacred Teachings. And they were called upon to put an end to the hatred, bigotry, antisemitism and ignorance existing on their campuses.
At no time did the University Presidents consult with the MCFN about what was taking place on their universities. If they had consulted with the MCFN, the First Nation would have insisted upon the application of the Seven Sacred Teachings to the challenges and events at hand.
The Seven Sacred Teachings are not just cute words on a piece of paper. They are foundational teachings of the Anishinaabe upon which the Treaties of Peace and Friendship are based. What different results may have been achieved if people and differences between them had been approached through respectful dialogue, in a relationship-oriented way and examined through the lens of Love, Respect, Courage, Honesty, Wisdom, Humility and Truth?
Ogimaa-Kwe Sault could have written the leadership of all school boards, colleges and universities residing on the MCFN’s Treaty Lands and Traditional Territory - to exhort them to end the bigotry, antisemitism and hate permeating their schools and campuses. But such an endeavour would be like playing an endless game of “whack a mole.”
Response of TMU to Ogimaa-Kwe’s June 26th Letter
In an email, the Office of TMU President Lachemi replied to Ogimaa-Kwe Sault’s June 26th letter. The email was condescending in its tone, used “boiler plate language” and was totally unresponsive to the thrust of her letter.
The Office of the President appeared to distance itself from the report prepared by Judge McDonald it unequivocally adopted. The email told Ogimaa-Kwe to contact and discuss with Judge McDonald concerns about the report because “it was undertaken as an external independent review.”
The TMU President’s email was dismissive, disinterested and disrespectful. It failed to acknowledge, let alone address, its Treaty obligations as a Treaty Partner, its duty to consult and accommodate and its promises to make space for Indigenous values and perspectives. It was “nit-picky” and contained general denials, emphasizing that it did not have encampments on its campus.
TMU did not have “encampments” per se, but it had:
Indoor and outdoor “sit ins;”
Samidoun Palestinian Solidarity Network’s help to organize pro-Palestinian “sit ins;”
Members of TMU taking part in the U of T encampment;
The hateful October 20th Letter of Unequivocal Solidarity with Palestine;
The flawed McDonald Report that TMU adopted without reservation;
Numerous complaints from Jewish students and faculty about the impact antisemitism at TMU was having on their university experience and “use and enjoyment” of the Treaty Lands of the MCFN;
Two law suits started against it; and
Samidoun as source of information for TMU’s independent student newspaper, the Eyeopener.
Foundational Anishinaabe Teachings
The Creator placed the distinct races of humankind upon Mother Earth and gifted each with unique knowledge to be used for their benefit and to be shared for the benefit of all humankind. The Seven Sacred Teachings were given to us so that we may learn how to live and move forward together in a good way. The Seven Sacred Teachings are often referred to as the Seven Grandfather Teachings.
The Creator tasked seven Grandfathers to watch over the people of Earth and they saw that life was not good. The Grandfathers sent a Helper to go among the people to find and return with someone who could be taught how-to live-in harmony with Creation. After seven tries the Helper returned with a baby. The Grandfathers directed the Helper to take the baby to Earth and show the baby all of Creation. It took seven years to do this and when they returned each Grandfather gifted the child with a teaching to share with all of Earth’s people.
Love, Respect, Courage, Honesty, Wisdom, Humility and Truth are the Seven Sacred Teachings given to the Anishinaabe to teach us all about how we may live together in a good way. Truth is represented by the Turtle, who was present at Creation. The Turtle carries all of life’s teachings on his back.
Miigwetch / Thank you
Ogimaa-Kwe (Chief) Sault shared these letters with us to be used and further shared in the hope that all people on the Treaty Lands of the MCFN and in broader society can move forward together in a good way; in a way that honours the Sacred Teachings and the Treaties of Peace and Friendship.
Miigwetch (thank you) to Ogimaa-Kwe Sault and the Mississaugas of Credit First Nation for sharing their knowledge, their wisdom and these letters with us.
The letters to the Presidents of the six universities are included below.
Call to Action
Call to action: Write to the President of TMU expressing your disapproval of the inappropriate response to Ogimaa-Kwe (Chief) Sault’s correspondence and the need for TMU to provide a supportive environment for all students and faculty in the upcoming year.
Notes
Samidoun has been outlawed in Germany for its activities that promote terrorism. Its leadership (now in Canada) was deported from Germany and denied entry to the European Union.
The letters to the universities
About the Authors
Janice LaForme is a retired lawyer and proud ally of the Mississaugas of the Credit First Nation.
The Honourable Harry LaForme O.C. & I.P.C., is a proud member of the Mississaugas of the Credit First Nation (MCFN), a retired appellate court judge and practicing lawyer. He was born and raised mainly on his reserve during a time when the Indian Agent was present on the Nation. Many of his family continue to reside and remain active in that First Nation's government. Mr. LaForme graduated from Osgoode Hall Law School in 1977 and was called to the Ontario Bar in 1979. During his legal practice Mr. LaForme focused on matters involving the Constitution and the Charter. He has appeared before each level of Canadian Court, travelled extensively throughout Canada, and represented Canadian Indigenous interests in Geneva Switzerland, New Zealand, and the British Parliament.