Calgary Herald, Thursday, September 20, 1990 MILITARY BLASTED OVER RESTRICTIONS No law in effect on civil liberties, experts claim by John Kessel and Elizabeth Payne (Ottawa Citizen) OTTAWA - The military is acting above the law at Oka, Que., as if the Emergencies Act had been declared, civil libertarians, politicians, lawyers and media representatives say. "It seems the military is very clearly acting in violation of its authority. It's completely unregulated," University of Ottawa law professor Bradford Morse said Wednesday. Morse and others observing the military tactics at Oka say there is no legal foundation for restrictions on the civil liberties of Warriors and journalists inside the last Mohawk stronghold. The army tightened the ring around the 50 remaining Mohawk Warriors, women and children left under siege at Oka last week when it cut most land and cellular phone links to the stronghold. The Mohawks have one operating phone left, while the dozen journalists remaining inside share some of the cellular phones still operating. The military also began restricting food and supplies to journalists and turned back shipments of warm clothes and blankets for the Mohawks. Children have been allowed one set of warm clothing. But observers say there is no law in effect giving the military the right to restrict the civil rights of Mohawks and journalists as has been done. "Charter rights have not been suspended," Andre Paradis of the Montreal -based Quebec Civil Liberties Union said."The actions of the army are in violation of constitutional rights." Under the Emergencies Act, which replaced the War Measures Act in 1988, crises, including wars, insurrections, natural disasters and international crises can cause emergency powers to be invoked by the government. The act allows for restrictions of rights guaranteed under the Charter of Rights in some circumstances. But when Quebec Premier Robert Bourassa ordered the army into Oka in AUgust, no such law was invoked. In addition, Morse said, the Quebec government has violated the National Defence Act by failing to file a report on the reasons the military was called in. Liberal communications critic Sheila Finestone compared the military's behavior and lack of political control at Oka to a "banana republic which ignores legal procedures set up in a normal democratic society." Toronto lawyer Clayton Ruby accused the military of forgetting that Canada is a democracy."Cutting off phone lines means they can hide the truth." Restrictions on media coverage of the stand-off has created concern among media organizations and journalist's associations. Alan Borovoy, director of the Canadian Civil Liberties Association, said the army and the government "have a duty to ensure the media can get stories out." John Ralston Saul, president of the Canadian Centre International PEN (poets, essayists and novelists) blamed elected officials for the army's treatment of the media. "I'm the son of an army officer and I know the army carries out government orders, yet elected officials deny giving orders. They are hiding behind public servants." Saul said Defence Minister Bill McKnight has a lot of explaining to do since giving assurances on Sept. 7 that the media would continue to have access to supplies at the Mohawk compound. ************************************************************************ Calgary Herald, Thursday, September 20, 1990 Quebec Standoff MP'S PUSH PLAN FOR OKA PEACE Observer team, all-native police would get arms by Geoff White (Herald Ottawa Editor) OTTAWA - Macleod MP Ken Hughes says he and two other MP's have volunteered to serve as observers in a plan to have Mohawk Warriors at Oka, Que. give up their arms to an all-native police force. Hughes said the MPs' involvement in the plan was broached about 10 days ago when negotiations with the armed Warrior camp appeared on the brink of a breakthrough. Although little progress has been apparent in recent days, "I consider it a live possibility still that we may have direct involvement ." Under the plan, Conservative MP Hughes, Liberal MP Warren Allmand (Notre-Dame-de-Grace) and New Democratic Party MP Jim Fulton (Skeena), would watch the native police officers take the Warriors weapons. The native police would seal the weapons in a secure place and become their custodians until further talks resolve what to do with them. Hughes, who is chairman of the House committee on aboriginal affairs, would not comment on other proposals associated with the Mohawks' laying down of arms. They included the establishment of a joint commission of the Iroquois Confederacy and the government to examine the events at Oka and decide if charges were warranted. That idea was rejected by Quebec Premier Robert Bourassa because the application of criminal law is not open to negotiation. Hughes said he must reserve comment so he can remain helpful in trying to bring an end to the dangerous confrontation. He said he will be raising the idea of all-native police as part of an "honorable disengagement" in discussions with government officials, including the prime minister's office. The native police force would be made up of native special constables in the RCMP as well as officers from various Indian band police forces across the country. ************************************************************************ For more information contact web:car by e-mail or in writing Aboriginal Rights Support Group Committee Against Racism P.O. Box 3085, Station B Calgary, Alberta T2M 4L6