MONTREAL — A Quebec land developer has signed an agreement with the Mohawk Council of Kanesatake to return a parcel of pine forest that was central to the Oka crisis that began 29 years ago Thursday.
Gregoire Gollin says he acted in the spirit of reconciliation in an agreement reached last month and plans to cede 60 hectares of forest known as The Pines to the local council as an ecological gift through a federal government program.
“This is my contribution to reconciliation,” Gollin said in a phone interview Thursday. “Everyone is talking about reconciliation with the First Nations — for our prime minister, it’s a high priority.”
Gollin has owned the land for 15 years and owns a lot of land in and around Oka. Two years ago, there were protests mounted by local Mohawks against a residential housing project spearheaded by Gollin that was allegedly encroaching on sacred Kanesatake pine forest.
Discussions about the land donation had been ongoing for two years with Kanesatake officials and Gollin said he was hopeful the council would be accepted as a recipient under the federal terms.
“It’s a forest, there’s no development possible in this forest, it has a high ecological value, it has a high heritage value for the Mohawks, it was planted by their ancestors,” Gollin said.
According to the ecological gifts program website, owners who donate the property get tax benefits while recipients make sure the biodiversity and environmental heritage of the property are conserved in perpetuity. The program is subject to an assessment process.
“I was in position to have a dialogue with the Mohawks of Kanesatake and we accomplished an agreement,” Gollin said, adding it will now go to Kanesatake residents for consultation.
The donated land was part of lands central to the Oka crisis which began July 11, 1990. Gunfire erupted between provincial police and Aboriginals defending a small stand of pine trees resulting in the death of officer Marcel Lemay and sparking a 78-day showdown.
At the end of it, a deal was struck to bring down the barricades in exchange for cancelling the expansion of a golf course.
But nearly three decades removed from the explosive crisis, the disputed territory remains a long-standing, unsettled issue and development has continued.
“We’ve lost more land in the last 29 years than gained,” said Ellen Gabriel, a Mohawk activist and artist.
She called Gollin’s move a noble gesture, but one that does not go far enough.
“I gotta give my hat off to Mr. Gollin for trying in his own way what is reconciliation,” Gabriel said. “But which I think is really not because there are strings attached for this so-called ecological gift.”
Gollin said he’s also prepared to discuss the sale of an additional 150 hectares he owns in the area to the federal government to transfer to the community — nearly half of which he said is adjacent to land owned by Kanesatake.
Gabriel noted the local Mohawk council hasn’t shared details of the land donation agreement with the community.
Calls to the Kanesatake Mohawk Council weren’t returned on Thursday.
Local newspaper The Eastern Door, which first reported on the offer several weeks ago, quoted Kanesatake Grand Chief Serge Simon then as saying the matter would be brought to the community once details were finalized.
Sidhartha Banerjee, The Canadian Press
Crime up, homicide down: Five things to know about the 2018 crime statistics
OTTAWA — New national crime data for 2018 was released Monday, courtesy of Statistics Canada, with big changes to some key indicators. Here are five things that stood out:
Crime up, but still near decades-long low
The national statistics agency says both the crime rate and its measurement of the severity of crime were up two per cent this year, the fourth straight year of increases since 2014.
StatCan cautioned the prevalence of crime and its severity remain 17 per cent lower than in 2008, reflecting a long decline in crime rates nationally. From its peak in 1991, the national crime rate declined more than 50 per cent until 2014.
The agency says the increase in the severity of crimes in 2018 was attributable to marked increases in fraud (up 13 per cent), one particular class of sexual assault (15 per cent), shoplifting (14 per cent) and theft of items worth over $5,000 (15 per cent).
Less homicide, but provinces may vary
The rate of homicides in Canada ticked down nationally by four per cent, with 15 fewer homicides in 2018 than in 2017.
But the statistics tell a different story when broken down by province. Much of the decrease in came from declines in Alberta (38 fewer) and British Columbia (30 fewer), but Ontario experienced an enormous increase in homicides — 69 more than last year.
Statistics Canada analyst Greg Moreau notes that several incidents in Toronto, including the Danforth shooting one year ago (in which two people were killed), the discovery of eight victims of serial murders, and the North York van attack (in which 10 people died) all elevated the number of homicides recorded in 2018.
The data also shows decreases in firearm-related (by eight per cent) and gang-related (by five per cent) homicides across the country, the first time they have decreased since 2013 and 2014, respectively.
Statistics Canada further notes Indigenous people continue to disproportionately be the victims of homicide. Though they make up five per cent of Canada’s population, Indigenous people were 22 per cent of homicide victims.
Sexual assault is up, and more left unreported
The rate of “Level 1” sexual assault — defined statistically as sexual assault without a weapon and without other physical harm — was up 15 per cent in 2018 over 2017. And in his article, Moreau says that rate remains “likely an underestimation of the true extent of sexual assault in Canada.”
This is the fourth consecutive year this class of sexual assault increased, and it usually makes up around 98 per cent of all police-reported sexual-assault incidents. But since these types of crimes often go unreported, the actual incidence is likely not reflected in the statistics.
In 2014, another Statistics Canada survey estimated only five per cent of sexual assaults were reported to police.
Prince Edward Island reported an increase in sexual-assault reports by over half (55 per cent, though with the number of incidents provincewide in the dozens) while Nova Scotia (42 per cent), Yukon (20 per cent) and Ontario (18 per cent) all reported increases above the national average for 2018.
Hate crimes down from 2017 peak
After the rate of hate crimes spiked in 2017 by almost 50 per cent, there was a reduction of 13 per cent in 2018. Still, hate crimes occurred at a higher rate last year than in any other year since 2009, Statistics Canada says.
Statistics Canada notes the decline is almost completely attributable to reductions in Ontario, and the number of hate crimes against Muslims halved year-over-year.
Both violent and non-violent hate crimes decreased, and hate crimes that targeted black people and hate crimes targeting people over sexual orientation both fell by double digits. The share of hate crimes aimed at Jews also fell, by four per cent.
More fraud, more extortion
Statistics Canada notes the world of scams and extortion is increasingly moving online, with the Canadian Anti-Fraud Centre flagging schemes in which scammers pretend to be from the Canada Revenue Agency as well as gift-card scams.
Overall, the rate of fraud increased by 12 per cent, and sits almost 50 per cent higher than in 2008, after growing for seven years in a row. There were over 129,400 incidents of fraud reported to police in 2018, StatsCan says.
StatCan does say the increasing ease of reporting fraud online could have contributed to the higher numbers.
There was an even more dramatic increase in extortion from 2017 to 2018 — a 44-per-cent leap, Statistics Canada says. The dynamic is the same across the country, and the rate has been increasing since 2012.
Christian Paas-Lang, The Canadian Press
Court dismisses challenge of deal that helps U.S. nab tax cheats in Canada
OTTAWA — A Canada-U.S. deal allowing Canadian financial institutions to send customer information to U.S. authorities to help find tax cheats does not violate the Charter of Rights and Freedoms, a judge has ruled.
Federal Court of Canada Justice Anne Mactavish dismissed an appeal from two American citizens, Gwendolyn Louise Deegan and Kazia Highton, who now live in Canada and have no real ongoing connection with the United States.
The U.S. Foreign Account Tax Compliance Act, or FATCA, requires banks and other institutions in countries outside the United States to report information about accounts held by U.S. individuals, including Canadians with dual citizenship.
Deegan and Highton challenged the constitutionality of Canadian provisions implementing a 2014 agreement between the countries that makes the information-sharing possible.
They argued the provisions breach charter guarantees that prevent unreasonable seizure and ensure the equality of people under law.
Mactavish concluded in her decision released Monday that although the provisions do result in the seizure of the banking information of Americans in Canada, the affected people have only “a limited expectation of privacy” in their data.
She also ruled that the provisions do not violate the charter guarantee that every person is equal under the law without discrimination based on national origin.
Under the tax arrangements, Canadian financial institutions are legally required to provide the Canada Revenue Agency with data concerning accounts belonging to customers whose information suggests they might have American citizenship. The revenue agency then hands the information to the U.S. Internal Revenue Service.
Nearly all countries levy income taxes based on residency, while the U.S. system is based on citizenship.
The U.S. considers all American citizens to be permanent tax residents in the United States for federal income-tax purposes, taxing the worldwide income of “specified U.S. persons” regardless of whether they live, work, or earn income in the United States.
“The result of this is that every Canadian resident who is an American citizen is subject to U.S. federal taxation on all of their income from all sources, wherever that income may be derived, even if he or she is also a Canadian citizen,” Mactavish says in her decision.
“Canada clearly found itself in an extremely difficult position as a result of the enactment of FATCA by the American government.”
U.S. law requires extensive financial and asset reporting, with the threat of significant penalties for failure to meet the obligations.
However, Mactavish notes, the U.S. government estimates that fewer than 10 per cent of all people who file American tax returns from outside the United States ultimately owe any taxes to Washington.
In addition, a tax treaty between Canada and the United States allows residents of Canada to receive credit for some taxes paid to the federal and provincial governments that would otherwise have been owed to the U.S. revenue service.
Deegan and Highton unsuccessfully argued the provisions require Canadian banks to transfer the information of potentially hundreds of thousands of people annually to the federal revenue agency in Ottawa without judicial authorization or any state oversight.
They said this amounts to “a massive fishing expedition and a seizure that offends every core precept of the citizenry’s … right to a reasonable expectation of privacy.”
Mactavish pointed out that the Supreme Court of Canada has found that taxpayers’ privacy interest in records that may be relevant to the filing of income-tax returns is “relatively low.”
The method used to collect this information is “minimally intrusive” and the data shared with the U.S. revenue service is afforded protection under the tax treaty between the two countries, she added.
— Follow @JimBronskill on Twitter
Jim Bronskill , The Canadian Press
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