Most recent: Smoke not Native: judge rules
The mainstream media in Canada has never been just in the reporting of my situation since it's inception. While I was living there, & had constant contact with reporters in Regina, I was at least able to apply enough pressure so as to prevent most of the type of garbage ordinarily presented regarding Indigenous people and issues. Immediately upon my temporary exile from the north however, the media sought retribution for my keeping them on their toes for so long! Misquotes, twisted facts, and outright lies are not out of the ordinary for today's media. And, in fact, many Native media and "alternative" media fit into the exact same category as well.
I must present a few important facts here, as I know the ignorant masses (media) will not. When I pulled into North Portal on April 29, CIC agent, Al Johns phoned in to american customs saying: "This is Canada immigration, we have Mr. Smoke, we phoned ahead". When we arrived and walked inside, Johns said, "Here's Mr. Smoke, here's his file". And, this file consisted of one set of fingerprints, not two (ie, no match between two sets); a copy of a birth certificate for a Roger Leo Adams Jr; a typed letter which I could not read; my old Treaty Card; & photographs of me taken while in CIC custody just over a year ago. Then, I was wisked through customs as CHARLIE SMOKE quicker, and with more ease, than any of you could even dream of! Every Regina TV station saw the customs declaration with the name, CHARLIE SMOKE on it; the Regina Leader-Post shot several close-ups of it too. Yet, the fallacy of my being a whiteman from the Addams Family persists. I wonder why...
I took the time to disprove Canada's original claim that a brother had identified me by tracking that individual down and convincing him to fax a statement to the media. Then, another supposed relative surfaced. Yet, the media failed to carry the fax clearly showing that Canada had lied! Why? For what purpose does covering-up the truth serve?
Suddenly, I am cast into the same light as Leonard Peltier, another Indigenous person exiled from the north by the colony of Canada with falsified documents. (At least I'm in good company now!) And, does the media care that this is the third time their ruling over-seers have tried to tag a different name on me? Apparently not. Did any of the media mention the fabricated document that Canada tried to use to get me across their imaginary border last year? No. And, who is even aware of any of the other illegal and unjust acts of Canada in my case? Only those who heard it from me. Once again, Canadian media exhibits their utter lack of journalistic integrity, and their clearly racist motivation. I don't imagine Canadian media would be the least bit interested in CIC's death threat against me last year, or the fact that I was followed by Canadian agents all the way down here either.
As pertinent as all that is though, it is not even close to the most important issue here. Through the callous, extremely childish and racist reporting over the past week, my innocent wife and children have suffered irreparable emotional harm! You bastards have caused undue suffering for my family. They have been made to feel embarrassed and ashamed as a direct result of your ignorance. I can only imagine that the cause for the media's behavior is due to either their inherent racism, their desire to get back at me because I so routinely chastised them for failing to do their job, or a combination of the two! Like most Saskatchewan Natives, my wife grew-up with no understanding of the reality of Canada's or america's treatment of Indigenous Freedom Fighters. And, our babies are just much too young to comprehend such vile acts of inhumanity. You have instilled a very strong realism in their young hearts now though. This is why Indians often feel prejudiced against whites. Your media and you.
The fact that one of my daughters jumped into my car in North Dakota served the media with fuel for their National Enquirer style reporting. True, my six year old daughter did insist on accompanying me even though I had no clothes for her. And, I am over-joyed that my children love me so much! My wife, once again, has been forced to bare the burden of my struggle. And, as is the case with all Familymen/resistance fighters, my family suffers along with me. This has been an Indian tradition for 511 years.
This war with Canada has torn my marriage apart, and more recently, brought us back together again. The colony of Canada and its media now fit the term "Tiwicakte", or murderers, more literally translated as Family Destroyers. Yet, good conquers bad, and my family remains together in spirit, if not in the flesh. Lisa, I love you, my wife. And, I greatly admire you for the stress you have shown to endure. And, my babies, it breaks my heart to see how much disrespect others have for you, and though I hope you do not become racists over all this, I respect you all too, for you have proven yourselves to be stronger than our oppressors! You are all Freedom Fighters! Your very existence encourages us all!
For all my supporters, thank you... and, I love and appreciate you all! Thank you on behalf of my innocent, loving family, as well as all others across the globe fighting against tyranny and oppression! For all my retractors, go to hell... we will win in the end!
Sunkmanitu tanka Isnala Najin
(a.k.a. Charlie Smoke)
Turtle Island - Occupied Territories
Tuesday, May 6, 2003
Charlie "Wolf" Smoke
The sneakiness of Canadian prosecutors is once again revealed. They do this all the time: Set a court date for a person and then don't bother to tell the person -- then they can put out a Bench Warrant and have them picked up for failure to appear. It keeps the jails full. Why on earth would ANYONE want to claim citizenship in a Kuntry which conducts itself in such a fashion?
This e-mail arrived Thursday Mar. 27, 9.30 a.m.
I just got a call from CBC News here in Regina. Apparently KKKanada is attempting to get their courts to reverse the Oct decision on my Fraud charge.
I'm set for court this afternoon at 2:PM at the Court of Queens Bench on Victoria Street, in courtroom #2.
If CBC hadn't phoned me, I'd never have known... until the dogs came
with their leashes!
This e-mail arrived at supper time:
After several days of unusually warm weather locally, a light snowfall filled the sky right after my court ended today. Now it's nice again...
When I got back into my van after court this afternoon the following song was playing on the radio: "Another One Bites The Dust"! And next, ZZ Top, "I'm Bad, I'm Nation-Wide", came on. No shit!
Well, what can I say... To quote Hammer... "You can't touch this!"
The colony tried to slip a good one past me, but, as has always been the case, it blew-up in their face! The Regina Leader Post newspaper & CBC TV News were there; tomorrow I'll post links to any coverage they may show online. Keep your eyes on my Indigenous Awakening elist, as I chronicle the awakening of the Indigenous right!
Yeah, I feel good...
A Court of Queen's Bench judge has overturned a lower court acquittal of Indian activist Charlie Smoke over Social Insurance fraud.
But even though Smoke was found guilty of violating the Employment Insurance Act, he was able to walk out of the Regina Queen's Bench Courthouse Thursday without a criminal record.
That's because Justice Larry Kyle, who heard the Crown's appeal of Provincial Court Judge Bruce Henning's Oct. 30, 2002 decision to dismiss the charge, gave Smoke an absolute discharge.
A defiant Smoke said he expects a further appeal by the Crown, but isn't concerned because he rejects the notion that Canadian courts have jurisdiction over him.
"This court really has no more right to find me guilty ... than a court in Iran or Korea," Smoke told reporters on the steps of the courthouse.
Smoke, who worked as a teacher associate at Scott collegiate in the 2000 and 2001, had been charged with violating a section of the act that makes it an offence to intentionally deceive any person by using a Social Insurance Number.
The maximum penalty is a fine of up to $1,000 and up to one year in jail.
Smoke admits he used his wife's SIN to get hired by the Regina public school board, but denies he was trying to deceive anybody.
Henning dismissed the charge saying Smoke didn't intend to deprive any other person of a job.
Federal Crown prosecutor Doug Curliss argued Thursday that Henning erred on that point.
It's not necessary to prove Smoke intended to take someone else's job, Curliss told Kyle -- only that he deceived somebody.
"Mr. Smoke intended to deceive and he deceived," Curliss said.
Kyle agreed and on that basis declared Smoke guilty.
The judge noted Smoke tried to obtain a legitimate SIN from a federal office, but he didn't have a birth certificate and didn't get the help he required.
"He asks for assistance and all he gets is prosecuted," Kyle said.
Smoke, who represented himself at the appeal, clashed with Kyle when he claimed the courts didn't have jurisdiction over him.
"We are not here to talk about this today," Kyle said. "You have to address the issue."
"I'll address the issues as I see them," Smoke replied.
Following Kyle's decision, Curliss said he was pleased the acquittal was overturned but disappointed he didn't get an opportunity to discuss the sentence.
More Saskatchewan commentary on Charlie Smoke
October 30, 2002: Charlie Smoke went to court in Regina. There were supporters waiting outside the courthouse and the Raging Grannies had written him a song.
The failure to appear charges were stayed and he was acquitted on the fraud.
There is no doubt that public support for Smoke is the only reason the authorities backed down. If they thought they could get away with quietly "disappearing" him (to use someone else's phrase) they would have done so in a heartbeat.
Congratulations, Charlie "Wolf" Smoke, even though you don't feel quite like celebrating, victory is nonetheless yours!
An aboriginal man embroiled in a controversial immigration dispute won a victory in a Regina courtroom Wednesday when a judge threw out his charge of Social Insurance fraud.
Friends and well-wishers clapped after Provincial Court Judge Bruce Henning dismissed the Employment Insurance Act charge and Charlie Smoke walked out of court a free man.
Smoke, 40, said while he wasn't surprised the judge found him not guilty, he took little satisfaction from the outcome.
"I'm very disappointed and angry that I wasn't able to bring certain issues out," he said. "I could care less what they find me guilty of."
Smoke had been charged with violating a section of the Act that makes it an offence to intentionally "defraud or deceive" any person by using a Social Insurance Number.
Federal Crown prosecutor Hal Wellsch had argued Smoke used his wife's SIN for his own advantage when he applied for a job with the Regina public school board.
Smoke worked as a teacher associate at Scott Collegiate in the 2000-2001 academic year. A school board official said a SIN number was a prerequisite for getting hired.
Smoke, who defended himself Wednesday, admitted he used his wife's number, but insisted he wasn't intending to deceive anyone.
"My intention was to provide a meagre living for my family," he said.
He also said he used false SIN numbers before to obtain employment.
"It was either that or steal or crawl away and die," said Smoke, who said he has six children.
"I'm not a lazy person. ...I don't want to sit on my ass all day and let my wife support my family."
The one-day trial included several heated exchanges between Henning and Smoke.
Smoke said he is a victim of persecution by the authorities and doesn't fall under Canadian jurisdiction. He accused federal officials of lying to the media and insisted racism was a factor in the campaign against him.
Henning repeatedly warned him to stick to the charge and avoid talking about the "conspiracies" against him.
"You can't use this trial as a political forum," Henning said at one point.
"The court is using this trial as a political forum against me," Smoke shot back.
Smoke said he was born in Ontario, but the birth wasn't registered. He said he made numerous attempts to get a birth certificate and a SIN card, but was unsuccessful.
The maximum penalty for the Employment Insurance Act offence is a year in jail, a $1,000 penalty or both.
Henning ruled Smoke lacked criminal intent and dismissed the charge.
"In this case, Mr. Smoke did not hold the intent to deprive any person of an entitlement that was improper," he said.
Outside court, Smoke said he would have been convicted of the charge if not for the media attention given to the case.
"I would have got nailed," he said. "This judge is not sympathetic ... he's part of the problem."
Meanwhile, Smoke's other problems with the federal authorities continue.
Last year, Citizenship and Immigration tried to deport Smoke to the United States, arguing he was a U.S. visitor working illegally in Regina.
But U.S. officials refused Smoke entry, saying it hadn't been proven that Smoke is American.
Federal officials continue to work on the case and haven't abandoned the idea of deporting Smoke.
REGINA - A Regina man staging an immigration battle made another court appearance Thursday.
Charlie Smoke was joined by his wife, children and several supporters, including NDP MP Dick Proctor.
During Thursday's court appearance, Smoke pleaded not guilty to failing to appear for a court date and using a false social insurance number. A trial has been set for Oct. 30.
Even with a trial on the horizon, the Immigration Department is still trying to deport Smoke, but he says he's determined to make his court date.
"If they try to forcibly exile me from my own country, then I'll turn around and walk back," says Smoke.
Smoke claims he was born on a reserve in Ontario but he doesn't have any papers to prove it. He believes he has a pre-existing aboriginal right to live in Canada.
A Regina native man who doesn't recognize North America's "artificial boundaries" is facing deportation to the United States, although he insists he was born in Ontario.
Charlie Smoke, 39, wants the border eliminated for aboriginal people, and said yesterday he hopes to force the courts to rule on the issue.
"They're supposed to arrest me," he said of Citizen and Immigration Canada. "They said they would detain me until they figured out a way to get me to the U.S. or to Pakistan. Presumably they were joking about that last part."
Mr. Smoke, who says he is a member of the Lakota First Nation, has little Canadian documentation. "I want to see this imaginary border dissolved. I would also like to see Canada admit it has no authority over native people," he said.
Mr. Smoke's citizenship problems began last year when, working as a teacher, he was found to be using a fake social insurance number. During a Sept. 20 hearing, Mr. Smoke's place of birth was apparently not an issue, but he answered "no" when asked if he is a Canadian citizen.
He says he was born on the Ontario side of the Akwesasne reserve that straddles the border with New York state. Mr. Smoke's father was from the Mohawk tribe and his mother was Mohawk and Lakota, a prairie tribe. Both tribes have reserves on both sides of the U.S. border.
Mr. Smoke has split most of his life between a reservation in South Dakota and Regina, where he has frequently worked with fake social insurance numbers. He lives in Regina with his Canadian-born wife and three small children.
Mr. Smoke has a Saskatchewan driver's licence but no social insurance number, no birth certificate and no native treaty card. He says he was not registered with his band when he was born and he was not registered with Ontario authorities because he was born at home. He has a social security number in the United States, which he received under a treaty that allows Canadian natives to live and work in the United States
Following Mr. Smoke's declaration he is not Canadian, an immigration adjudicator ruled he must leave the country because he entered Canada as a visitor and then obtained work. He was given until last Saturday to return to the U.S.
Al Johns, acting manager of the Citizenship and Immigration Centre in Regina, said Mr. Smoke will be deported because he refused to leave. "Mr. Smoke allowed this to turn into a deemed deportation order. Our department will have to deal with that situation with him. I can't give you a specific date, but there will be some action taking place."