Oka Crisis

Haudenosaunee (Iroquois) people, mainly members of the Mohawk nation (Kanien’kehà:ka), first settled in the Montreal area in the late 1660s,[14] moving north from their homeland in the Hudson River valley.[15] The several hundred people who migrated at the time went on to develop three distinct Mohawk communities in the region; Kahnawá:ke, Kanehsatà:ke and Ahkwesáhsne.[14]

Around 1658, the Mohawk had displaced from the area the Wyandot people (or Hurons), with whom the Haudenosaunee (of which the Mohawk were a tribe) had long been in conflict. In the fall of 1666, hundreds of French soldiers, as well as Algonquin and Huron allies, attacked southward from Lake Champlain and devastated four Mohawk villages near Albany, then negotiated a peace between the Haudenosaunee and the French and their allies which lasted for the next 20 years.[16] In 1673, the Jesuit mission at Saint-François-Xavier brought about forty Mohawks from the village of Kaghnuwage, on the Mohawk River, in present-day New York state. In 1680, the Jesuits were granted the seigneurie Sault-Saint-Louis, now named the village of Kahnawá:ke, with a current area of over 4000 hectares. Starting in the 1680s, there was a military conflict between the English allied to the Mohawks and the French allied with other indigenous tribes. In the early 1690s, the Mohawks were weakened through a prolonged and severe military effort by the French.[17][18][19][20]

In 1676, the Society of the Priests of Saint Sulpice (Sulpician Fathers), a Roman Catholic order, then based in Paris, France, founded Montreal Island's first mission at the foot of Mount Royal to minister to the Iroquois / Mohawk, Algonquin and Huron neophytes and to distance them from French settlers in Ville Marie.[21] In 1696, the Sulpicians moved the mission to one on the edge of the Rivière des Prairies, near the Sault-au-Récollet rapids, in north end Montreal Island. In 1717, the Compagnie de Saint-Sulpice de Paris was granted a concession (3.5 lieues of frontage, 3 lieues deep) named seigneurie du Lac-des-Deux-Montagnes.[22]

In 1721, the Sulpicians moved the Sault-au-Récollet mission to two villages on seigneurie du Lac-des-Deux-Montagnes territory with the Algonquins and Nipissings being assigned the village to the east and the Mohawks being assigned the village to the west including territory known since the late 1880s as "The Pines" (formerly "sand dunes behind the village ... part of the Common Lands on which the Mohawks pastured their cattle")[23] and the adjacent indigenous cemetery.[24][25] This meant the Indigenous inhabitants were forced to move once again. To cushion the blow, they were promised ownership of the land they would inhabit.[26] The seigneurie du Lac-des-Deux-Montagnes was expanded through two grants, one in 1733, consisting of small pie-shaped segment with 2 lieues of frontage to the east of initial concession land, and, in 1735, a larger segment representing about 40% of the seigneurie's total area.[24][27][28] In all three grants the land was provided under the guarantee it would be used for the benefit of Indigenous residents.[29]

Following the conquest of New France in 1760, the Act of Capitulation of Montreal guaranteed that all the "Indians" who had been allied to the French would be free to remain on the land they inhabited unless those lands were formally ceded to the Crown. This was restated by the Treaty of Paris and again in the Royal Proclamation of 1763.[30] Hence, the Mohawk began advocating for the recognition of their land rights to British officials. Similar claims in Kahnawá:ke and Ahkwesáhsne were recognized, but the Kanehsatà:ke requests to be released from the rule of the Sulpicians and reporting of seminary officials to white settlers were ignored.[1] When the Sulpicians aided the British in crushing the Patriot's War of 1837–38, the seminary's land title was confirmed.[30] The Mohawk continued pursuing their right to the land, petitioning, and failing, to obtain the recognition of Lord Elgin's recognition of their claims in 1851. Eight years later, the Province of Canada extended the official title of the disputed land to the Sulpicians.[1]

In 1868, one year after Confederation, the chief of the Oka Mohawk people, Joseph Onasakenrat, wrote a letter to the seminary claiming that its grant had included about 23 km² (9 sq mi) reserved for Mohawk use in trust of the seminary, and that the seminary had neglected this trust by granting themselves (the seminary) sole ownership rights.[31][32] In 1869, Onasakenrat attacked the seminary with a small armed force after having given the missionaries eight days to hand over the land. Local authorities ended this stand-off with force.[33][34] In 1936, the seminary sold the territory under protest by the local Mohawk community. At the time they still kept cattle on the common land. By 1956, the Mohawk were left to six remaining square kilometres from their original 165.[32][34]

In 1959, the town approved the development of a private nine-hole golf course, the Club de golf d'Oka, on a portion of the disputed land.[32] The project area bordered The Pines, as well as a Mohawk burial ground in use, at that time, for nearly a century.[35] The Mohawk suit filed against the development did not succeed. Construction also began on a parking lot and golf greens adjacent to the Mohawk cemetery.

In 1977, the Kanehsatà:ke band filed an official land claim with the federal Office of Native Claims regarding the land. The claim was accepted for filing and funds were provided for additional research of the claim. In 1986 the claim was rejected on the basis that it failed to meet key legal criteria.[36]

In March 1989, the Club de golf d'Oka announced plans to expand the golf course by an additional nine holes. As the Office of Native Claims had rejected the Mohawk claim on the land three years earlier, his office did not consult the Mohawk on the plans. No environmental or historic preservation review was undertaken. Protests by Mohawks and others, as well as concern from the Quebec Minister of the Environment, led to negotiations and a postponement of the project by the municipality in August pending a court ruling on the development's legality.

On June 30, 1990,[37] the court found in favour of the developers, and the mayor of Oka, Jean Ouellette, announced that the remainder of the Pines would be cleared to expand the golf course to eighteen holes and to construct 60 condominiums. Not all residents of Oka approved of the plans, but opponents found the mayor's office unwilling to discuss them.[38]

On March 11, as a protest against the court decision to allow the golf course expansion to proceed, some members of the Mohawk community erected a barricade blocking access to the dirt side-road between Route 344 and "The Pines".[39] A court injunction in late April ordering the dismantling of the barricade was ignored, as was a second order issued on June 29.[40] Mayor Ouellette demanded compliance with the court order, but the land defenders refused.

On July 5, the Quebec minister of Public Security, Sam Elkas, said, regarding the land defenders at the Pines, that "they have until the 9th [of July], after that date it's going down."[41] The next day, the Quebec Human Rights Commission alerted John Ciaccia and Tom Siddon, respectively the provincial and federal native affairs ministers, of the rapidly increasing threat of conflict near Oka and the need to establish an independent committee to review the historical Mohawk land claim.[30] Ciaccia wrote a letter of support for the Mohawk, saying that "these people have seen their lands disappear without having been consulted or compensated, and that, in my opinion, is unfair and unjust, especially over a golf course." This did not sway the mayor.[3]

At 5:15 a.m. on July 11, police officers arrived at the Mohawk barricade blocking the southern entrance to the Pines. Police cars and vans, as well as rental trucks parked in front of the barricade. Police officers took tactical positions from high vantage points in the trees or hid in ditches, semi-automatic weapons at the ready. Others walked to the barrier. At the same moment, another police contingent approached the northern barricade, referred to as “Sector Five”. In total, about a hundred officers, including a tactical intervention squad and riot police, surrounded the Mohawk warriors and their allies.[30]

The previous day[37] the mayor of Oka, Jean Ouellette, had asked the SQ to intervene with the Mohawk protest, citing alleged criminal activity at the barricade.[42] While the protesters had expected town officials or municipal workers, they had been promised by an SQ officer that the police would not intervene in this civil injunction. While they were reportedly willing to be arrested in the defence of their land, they had hoped to avoid violence.[30]

The Mohawk women present at the southern barricade purportedly took charge of the interactions with authorities as they recognized the protection of the land as their own duty. A dozen of them, arms stretched out to signify their being unarmed and having no violent intent, walked towards the police. Authorities said they would speak only to a designated leader, while the group of women said that they were all representing the interests of the group and no single leader existed. Tensions escalated as the authorities would not discuss matters with the Mohawk women. Eventually, the group compromised and asked a male protester to come forward and talk with the officers; which was in vain.[30] The SQ deployed their Emergency Response Team (ERT), a police tactical unit, threw tear gas canisters and concussion grenades[43][25] at the protesters in an attempt to force them to disperse.

The Kahnawá:ke Warrior Society was called in for reinforcements, and by 6:20 a.m. they were seizing Mercier Bridge and the highways which fed into it. They gained control of the two lanes of Highway 138, and then pushed back the thousands of cars to Châteauguay. Over the next three hours they created a no-man's land between two barricades while other contingents blocked Highways 132 and 207 as well as Old Châteauguay Road.[30]

Around 7:30 a.m. a front-end loader (sometimes cited as a bulldozer) and helicopter arrived, and the police moved closer to the barricade.[30] Trees were sawed down by the Mohawk and added to the barricade while additional police cars arrived. Members of the surrounding Mohawk communities joined those already present at the Pines as tear gas canisters were thrown at the southern barrier. Around 8:30 the front-end loader rammed the barricade. Then armed police officers moved into the Pines,[30] and gunshots were fired from both sides.[43] Then the police retreated, abandoning six cruisers and a bulldozer. Although an initial account reported that 31-year-old SQ Corporal Marcel Lemay had been shot in the face during the firefight,[44] a later inquest determined that the bullet which killed him struck his "left side below the armpit, an area not covered by [his] bullet-proof vest".[4] Despite a 1985 SQ directive mandating that all officer communications be recorded, no record of the events was provided to the court, which the coroner decried as "unacceptable" and "even comical".[41]

Upon their return, SQ officers established a perimeter around the protesters both at Kahnawáːke and Kanehsatàːke, blocking all access routes with rows of police cars and sandbags, preventing supplies like food and medication to be delivered and blocking ambulances from intervening. Representatives from the Quebec Human Rights Commission were also prevented from entering.[30] In turn, protesters fortified their barricades and erected new ones, but police forced their way in to arrest, search and interrogate.[45] On July 12, at the request of the Quebec minister of Public Security, the Canadian Armed Forces began sending plain clothes military officers, C-7 rifles, night-vision equipment, bulletproof vests and armoured vehicles.[30]

Before the raid, there were approximately 30 armed Mohawk in and around the barricade; following the gun battle, this number grew to 60–70 and later grew to 600.[2] The Mohawks seized six vehicles, including four police cars, and commandeered the front-end loader to crush the vehicles and use them to form a new barricade across Route 344.[44]

Members of the SQ 3 September 1990

Members of the Seton Lake Indian Band blockade the BC Rail line in support of Oka, while an RCMP officer looks on. Later in the day, several elders protesting were arrested, and a confrontation with the band community ensued as Mounties drove the cars holding those arrested through the reserve en route to Lillooet.

The Mohawk established a network for communications among the Mohawk villages/reserves of Ahkwesáhsne, Kanehsatàːke and Kahnawáːke, using hand-held radios, cellular phones, air raid sirens and fire hall bells, as well as local radio stations, and patrols.[25] The local Mohawk were joined by Indigenous people from across Canada and the United States. People from Micmac communities, as well as a Buddhist monk and Filipina acupuncturist joined the protesters in the early weeks of the fight. Fifteen activist-students were sent from all over Canada by the Canadian Federation of Students to write a policy paper, but most of the students decided to stay on in aid to the Mohawk cause instead. Additionally, over a hundred Oneida people from New York, Wisconsin, and southern Ontario, as well as a Quebec Algonquin man, and several women from western Canada and Mexico all came to help. The Mohawk Warriors and protesters also received support from Indigenous populations across the country.[30]

The Mercier Bridge was blockaded at the point where it passed through Mohawk territory, thereby sealing off a major access between the Island of Montreal and Montreal's densely populated South Shore suburbs.[39][46] This frustrated commuters, which resulted in violent confrontations. At the peak of the crisis, the Mercier Bridge and routes 132, 138 and 207 were all blocked, creating substantial disruption to traffic.

Corporal Marcel Lemay's funeral was held on July 16, and was attended by around 2000 people, including police officers from across Canada and the SQ director. The Warrior flag was lowered to half-mast in the Pines. On July 17, the Red Cross was granted entrance by police to provide food relief, but this access was rescinded quickly, forcing residents to smuggle provisions in. The Mohawk coalition, speaking on behalf of the resistance, agreed on preconditions for negotiations: free access to food and advisors and the presence of independent international observers, which both the provincial and federal governments firmly opposed.[30]

Anger grew among residents as the crisis dragged on. A group of Châteauguay residents started building an unauthorized, unplanned roadway circumventing the Kahnawáːke reserve. Long after the crisis, this unfinished roadway was eventually incorporated into Quebec Autoroute 30.[47] Residents of Châteauguay assaulted a Mohawk woman trying to buy groceries and tried to prevent her from leaving the store, from which she had to be escorted by police, and threw tomatoes at her and her children. They also burned multiple effigies of Mohawk warriors[30] while chanting "sauvages" (savages).[3]

By August 12, the crowd at Mercier Bridge had become a riot several thousand strong, destroying police vehicles and wounding officers. The SQ lost control of the situation, and the Royal Canadian Mounted Police (RCMP) were deployed. This resulted in 35 people,[30] including ten constables, being hospitalized for their injuries.[5] The heated context of the "failed" Meech Accords and earlier that summer, as well as the tensions between French and English speakers in the province complicated public sentiment vis-a-vis the Kanehsatàːke resistance.[30] Radio host Gilles Proulx raised tensions with comments such as the Mohawks "couldn't even speak French", while Simon Bédard of CJPR called for "cleaning everything up" by killing "fifty, one hundred, one hundred and twenty-five" people, burying them and forgetting about it.[45] These remarks inflamed tempers that had been running especially high from comments preceding this crisis, including those by Ricardo Lopez, the federal Member of Parliament for Châteauguay, who denigrated the Mohawk.[48]

Nightly gatherings at the blockaded Mercier Bridge grew in size and violence, adding to the pressure put on SQ forces, leading the Quebec premier Robert Bourassa to announce that in accord with Section 275 of the National Defence Act, he was requesting official military support from the Canadian Armed Forces on August 27.[45] The same day Mulroney appointed Quebec Chief Justice Alan B. Gold as special mediator to negotiate an agreement with the land defenders.[30] On August 28, press conferences were held by military leadership to announce the upcoming intervention and by Mulroney to denounce the actions of the protesters. Lieutenant-General Kent Foster announced the upcoming use of three Leopard tanks and that Brigadier-General Armand Roy was given full autonomy to attack at will with the objective of obtaining "unconditional surrender" from the Warriors.[49]

In response, families with children and elderly members attempt to flee Kahnawáːke, and were met at the barricades by a crowd throwing stones. Though the SQ had guaranteed safety for the evacuees, they did not attempt to stop the crowd from breaking windshields and windows. Several people were wounded. The car in which Mohawk elder Joe Armstrong, 71, was riding was hit with a projectile that shattered the windshield; the next day, Armstrong suffered a fatal heart attack that doctors attributed to stress.[50] The following morning, Canadian Armed Forces replaced SQ officers surrounding Kahnawáːke and Kanehsatàːke.[45]

General John de Chastelain, Chief of the Defence Staff, placed Quebec-based troops in support of the provincial authorities; 2,500 regular and reserve troops from 34 and 35 Canadian Brigade Groups and 5 Canadian Mechanized Brigade Group were put on notice. On August 20, a company of the Royal 22^e Régiment, known colloquially in English as the "Van Doos", led by Major Alain Tremblay, took over three barricades and arrived at the final blockade leading to the disputed area. There, they reduced the stretch of no man's land, originally implemented by the SQ before the barricade at the Pines, from 1.5 kilometres to 5 metres. Additional troops and mechanized equipment mobilized at staging areas around Montreal, while reconnaissance aircraft flew air photo missions over Mohawk territory to gather intelligence. On August 29, the Mohawks at the Mercier Bridge negotiated an end to their protest blockade with Lieutenant-Colonel Robin Gagnon, the "Van Doos" commander who had been responsible for the south shore of the St. Lawrence River during the crisis.

While the Warriors at Kahnawáːke had reached an agreement with government officials and had begun dismantling their barricades, Kanehsatàːke was now more vulnerable and isolated. Though the land dispute which had led to the crisis was resolved in principle, since the federal government had secured the purchase of the land from the developers and the town of Oka, it had yet to transfer the land title into Mohawk hands. Furthermore, the protesters at Kanehsatàːke were still waiting on safety guarantees for themselves and their allies before risking giving up their last bargaining chips.[49] Nonetheless, Bourassa announced that negotiations were over and demanded that international observers leave. They reluctantly submitted to his request, and were replaced by local church and human rights observers. Multiple parallel and sometimes secret talks were held, unbeknownst to many of the parties involved.[30] With the bridge no longer occupied and Kahnawáːke essentially neutralized, the armed forces entered Kanehsatàːke on September 1. They dismantled the last barricade on Highway 344 on September 2. The next day, only 24[49] Warriors were left defending a territory of only a few hundred meters and were surrounded by ravines, the lake, over 400 soldiers with machine guns, armoured vehicles and helicopters. They were sheltered in a treatment centre, at the top of a hill, with dormitories, a kitchen, food reserves, and communication equipment. What followed was the last leg of a prolonged siege.[30]

By September 6, the Mercier Bridge was functional again. Journalists were forbidden from approaching the Warrior stronghold and the armed forces cut all cellphone service to the treatment centre. Anyone who left the compound was arrested, including legal counsel Stanley Cohen.

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