An Emerging Plan of Action & Canada's Responsibility
On behalf of our struggle for freedom for North American political prisoner Leonard Peltier, we thank you and send greetings of solidarity for your support of the Canadian clemency campaign last year. In the final months, Canadian trade unions, music celebrities, legal, aboriginal and human rights representatives, directed their appeal for an end to 25 years of Canadian complicity and America's wrongful imprisonment. It was an appeal for reconciliation and justice directed to the U.S. President and Canada's Prime Minister.
On January 20, 2001, former President Clinton marked his last day in office and refused to grant clemency. Bitterly disappointed, we remain outraged by this decision. Nonetheless, the outpouring of public demand together with new evidence revealed at an independently held inquiry has resulted in the federal government re-opening the case for a review. Today, the Canadian public is aware of broader issues of civil rights violations connected to the Peltier case. By demonstrating our capacity to voice ourselves as informed citizens, we are thus closer to our goal. This continued commitment has inspired us as we define new options to hold governments accountable. Over the months, we have researched legal, political and U.N. avenues for lobby in Canada and internationally.
An agenda is emerging which we are working to put into motion. First, we are investigating the filing of a case with the United Nations against Canada, arguing that fabricated evidence solely was used to extradite Leonard, thus violating his fundamental rights. Our case would include the results of the inquiry held by LPDCC in Toronto on October 25, 2000, in conjunction with The Innocence Project of Osgoode Hall Law School. Here, for the first time, the main extradition witness recanted her testimony before Justice Fred Kaufman, formerly of the Quebec Court of Appeal. An American attorney provided copies of FBI communiqués demonstrating how the FBI coerced the witness and set the stage for false affidavits. This then allowed the FBI to frame Peltier for the murder of the agents. The results of the inquiry have formed the basis of our clemency application.
Secondly, we are initiating a letter-writing campaign. In February, Chretien responded that he would forward the "important" documents to his Minister of Justice, opening the Peltier case for another assessment. (In October 1999, Minister McLellan had closed a lengthy internal review concluding there was no wrongdoing.) We urgently request that you send your letters to Chretien with an appeal that he set up an independent review. This would also include the errors and omissions in fact and judgement in the previous Department of Justice review. Thirdly, we are investigating renewed lobbying of the federal government to persuade a strong recommendation for a new and fair trial or executive review. Canada released Peltier to American authorities 25 years ago on condition he receive a fair trial. It appears that the FBI knowingly misled Canadian authorities on the facts of the case, violating international legal/political principles of good faith, trust and the sovereign jurisdiction of our country.
This fall, our goal is to launch publicly some of these specific projects. We would like to ask for your financial contribution at this time. This will help prevent a financial shortfall over the summer and thus allow us to complete our work. Sisters and Brothers, we strongly urge you to stand with us during this critical time. We also urge you to prepare and send to the Prime Minister's Office a letter in the form of the sample below and send us a copy.
In the True Spirit of Solidarity, Justice and Freedom for all,
Frank & Anne Dreaver
Nat'l Co-ordinators, LPDC CanadaSend Copies of Letters & Contributions payable to: LPDC Canada, 43 Chandler Dr., Scarborough, On. M1G 1Z1 Please contact (telfax) 416-439-1893 or lpdccfd@web.net
SAMPLE LETTER
Please cut, paiste, and email this letter to the Prime Minister at pm@pm.gc.ca, and cc to Justice Minister Anne Mclellan at McLellan.A@parl.gc.ca and the LPDC Canada at lpdccfd@web.net
RT. HON. JEAN CHRETIEN
PRIME MINISTER OF CANADA
House of Commons, Centre Block, room 309-S
Ottawa, ON K1A OA6Dear Prime Minister Chretien:
Earlier this year you referred the documented results of a Canadian legal inquiry to your Minister of Justice, re-opening a case of international human rights violation with your government. We are referring to the case of a world-recognized political prisoner, Leonard Peltier, whose extradition from Canada on fabricated evidence and his subsequent trial has long been a matter of bitter controversy. The inquiry was the basis of an appeal for clemency, turned down by President Clinton before he left office.
On October 25, 2000, The Honourable Fred Kaufman, C.M., Q.C., former Justice of the Quebec Court of Appeal, heard new evidence bearing on Mr. Peltier's extradition. The main witness, Myrtle Poor Bear, testified in detail how the FBI coerced her into signing false affidavits. Classified FBI communiqués and other briefs were presented, which support her highly persuasive statements. It has become clear there was no sufficient, reliable evidence to support the extradition and subsequent conviction for murder. The fraudulent extradition marked the beginning of the FBI's deliberate obstruction of justice that included the withholding of critical evidence of Mr. Peltier's innocence. In October 1999, your Minister of Justice concluded the extradition was lawful. Since then, many thousands of Canadian peoples have expressed alarm over the grave errors in her judgement based on the serious omissions of fact and evidence. Based on this shameful record, it is unlikely to expect your Minister of Justice to provide an impartial and fair review. We therefore urge the Prime Minister to launch an independent review of Mr. Peltier's extradition that would include a full examination of the FBI's role in this case. In view of numerous revelations of FBI misconduct in the U.S., federal authorities continue to withhold crucial evidence, including 6,000 classified FBI documents.
As Canadians, we would expect our government to recognize its obligation and seek ways to rectify this injustice. One way is by pursuing negotiations for a fair hearing for Mr. Peltier. After all, it was a Liberal government 25 years ago, with yourself as a member of Cabinet that authorized an extradition based on fraud with the assurances and on the condition that he receives a fair trial.
Sincerely,