For those of us here in B.C. and the Yukon who feel this case is of supreme importance I would ask that readers please express their concerns to at least these three representatives of our democratic system by sending hard-copy letters to their respective addresses thus adding further weight to this urgent situation. As well, wherever you can, please try to send your letter to your local newspaper so as to alert everyone possible to this case. Further to that try to send your concerns on to whatever networks you may be a part of including your associates and friends on your personal lists. Your assistance in this endeavour will ultimately bear fruit for not only John and others like him but for all future threats to our independence in the coming years ahead.
Another consideration is that Amnesty International has been conspicuously absent throughout John’s hearing and long time supporters and members of said organization are rightfully concerned that AI ought to be directly involved in protesting this important extradition case. Again, hardcopy letters to Canada’s AI organization are recommended. I will append the AI address below along with those Members of Parliament mentioned above.
Finally, I would highly recommend readers view Rex Weyler’s article on the John Graham case, “Who Killed Ana Mae?” prior to writing letters of support. For Rex’s article please see the following URL: http://radicalpress.com/forum/topic.asp?TOPIC_ID=1096
On behalf of John Graham, his family, friends and supporters I remain,
Sincerely concerned,
Arthur Topham Pub/Ed The Radical Press
Contacts to send your letter to:
The Honourable Irwin Cotler Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, Ontario Canada K1A 0H8 Email: webadmin@justice.gc.ca Email: Cotler.I@parl.gc.ca
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The Honourable Stephen Harper Conservative Party Leader Fax: (613) 947-0310 Email: Harper.S@parl.gc.ca Hill Office House of Commons Ottawa, Ontario K1A 0A6
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The HonourableJack Layton New Democratic Party Leader Fax: (613) 995-4565 Email: Layton.J@parl.gc.ca Hill Office House of Commons Ottawa, Ontario K1A 0A6
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Amnesty International Canadian Section 312 Laurier Avenue East Ottawa, Ontario K1N 1H9
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John Graham Defense Committee Update Monday, February 21, 2005
Dear friends and supporters,
John Graham returned to court today for the final decision of B.C. Supreme Court Justice Bennett, with respect to John's extradition. After issuing critical words to the Crown (representing the U.S.) regarding the weaknesses and inadequacies of the case against John, she ultimately decided she could not rule against the extradition request, relying largely on the hearsay testimony of John Trudell when making her decision.
The official order will not be made until March 2 at 9:00 AM. At that time, John will be remanded briefly into custody -- most likely for two or three hours -- while his lawyers file for his appeal, after which John will remain free to help prepare his appeal.
The courtroom was filled with supporters who shed tears and embraced each other when the judge announced her decision. Following the judgment, chanting could be heard from supporters gathered outside, protesting John's extradition and carrying banners which read, "Free John Graham" and "Don't let the Canadian government extradite another innocent man."
While today's decision is disappointing news, we have already recognized the judge's limited powers to oppose an extradition request by the U.S. In anticipation of this decision, these hearings have been very helpful for preparing the key arguments for appeal.
Anyone who has paid attention to these proceedings has seen the sloppy and suspicious evidence provided by the U.S., which includes a dead witness who was certified as available to testify; the promise of testimony which is entirely contradicted in that witness's previous Grand Jury testimony; and an affidavit from the only alleged eyewitness declaring his refusal to testify, while asserting he was coerced by investigators -- a familiar experience in the related history of fraudulent FBI affidavits.
An affidavit was also sworn by Leonard Peltier just a few weeks ago, describing how he was promised his freedom in return for providing false testimony against John.
These hearings have also helped to inform and educate more people about the shameful and shoddy case against John Graham. Where a concern may have existed in the hearts of many regarding the ability for an Indigenous man to receive a fair trial in South Dakota, there is now little doubt that the case against John is false and fraudulent.
The U.S. government's concern over the errors and weaknesses revealed in their case may be evident in the eleventh-hour change of the Crown prosecutor. A new prosecutor was appointed last week to represent the U.S. in the coming proceedings.
Those of us seeking truth and justice in this matter view this case and the current extradition process as a clear continuation of the U.S. government's harassment and abuse of Native Americans.
On the positive side, we also view this process as a powerful opportunity to raise awareness about the actions of the FBI, which are directly related to the death of Anna Mae Aquash and scores of Native Americans, and the wrongful imprisonment of Leonard Peltier.
The Road Ahead
In preparation for the struggle ahead, we are planning two campaigns:
- One campaign is a request for letters to the editors of your local newspapers. Keeping our concern for truth and justice in the public eye is extremely important. We must let the people and the government of Canada know our opinions about this case, and the reasons for concern as it relates to John Graham and Canada's very sovereignty.
- The other campaign is a call for letters to Canada's Justice Minister Irwin Cotler. The final decision on whether John is sent to the U.S. rests with Minister Cotler. Your letters will be very important.
We will be preparing outlines for these two campaigns soon, and will include key points for your letters.
Spreading the Word
We believe in our common strength, as we strive together in the pursuit of truth and justice. The more voices we can gather, the louder our chorus will be. Please forward this update to your friends, family, and all those who may wish to help.
If you have received this e-mail from a friend, and would like to receive our updates, please send your request to info@grahamdefense.org . We'll be happy to add your e-mail address to our update list, and will safeguard your e-mail address for this purpose only.
Finally, your e-mails and prayers of support of deeply appreciated. John is most grateful for your love and concern, as are we all. Thank you for your continuing support and action. Our belief that justice will prevail against the oppressive acts of the U.S. government continues to burn brightly, and is made ever brighter by your support.
In truth and justice,
Matthew Lien
John Graham Defense Committee info@grahamdefense.org www.grahamdefense.org
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Stumble It!
across Canada. The issues are extraditing a man on
questitonable evidence, elimination of power of
Canadian courts under 1999 rvision of the Act, and loss
of sovereignty. Read on!
Eva
Dear Minister Cotler;
I am writing you to express my absolute opposition to
the extradition of Canadian Citizen John Graham to
stand trial in South Dakota, USA, as I am convinced he
will not get a fair trial in that country.
I have followed this case, and indeed the case of Anna
Mae Aquash’s death for close to 30 years now. I was in
the court room when - last Monday - Mme Justice
Bennett approved Graham’s extradition.
You are now the last resort to reverse this decision. In
the name of justice I urge you to do so.
What I found so offensive in this case was the use of
the most questionable evidence by the Americans, for
example, evidence of a man who was dead when he
purportedly gave his evidence, evidence of a homeless
man who claims he was plied with alcohol and drugs
by the FBI and gave evidence which he later claimed
was untrue, and has refused to testify to before a grand
jury, yet this evidence was, amazingly, admitted and this
extradition case was largely based on it. There was
also plenty of hear say, claims that were made on
behalf of people who denied making them, and highly
circumstantial evidence, such as seeing Anna Mae in
the same vehicle as Graham.
Another extraordinary item to me is that a Canadian
Supreme Court is acting as an extension of the US law
enforcement arm, and, rather than protecting a
Canadian Citizen is obliged to unquestioningly follow
US demands, and hand him over. Demands based on
evidence and hearsay that would be inadmissible
before a Canadian Court, as the judge herself stated.
This last piece surely touches on Canadian
sovereignty, Charter rights, and democracy itself. Let
me say here, Mr. Cotler, that I was a child in Nazi
occupied Europe, and I do not like the implications of
this process at all. With one little step after another we
can lose all that we hold dear in Canada, and while - to
paraphrase him - Pastor Niemoeler so eloquently put it,
we are not “Indians”, who is to say our turn will not
come, and who will speak out for our rights then?
If Canada is obliged to rubber stamp extradition
requests, even those based on bizarre and
unsubstantiated claims, who will stand up for example,
for American conscientious objectors in future? Or
politicians whom the US may not like? Is this not going
the way of Guantanamo justice? I observe these trends
with trepidation, and so should you!
I understand from Justice Bennett that our extradition
laws were recently changed so that now our Courts can
only rubber stamp American requests, regardless of
how ludicrous and flimsy the evidence.
I urge your government to change these laws, so that
we can once again have real jurisdiction in these
cases, and the role of our courts is again to protect
Canadians against the whims of powerful neighbours.
And please, do not say that American justice is just. We
have the Leonard Peltier case as a glaring example.
This, as you will recall was another disastrous
extradition from Canada, although then of an American
citizen. He was extradited on blatantly false evidence, of
Myrtle Poor Bear, who was held in a hotel room by the
FBI, and threatened until she signed not one, but two
different affidavits alleging first that Peltier confessed to
her, and then that she saw him pull the trigger.
Even though she later explained that she had never met
Peltier, who actually was in another part of the country
at the time of the shooting of the FBI agents, Peltier is
still in prison 28 years later, being denied a new trial,
which in Canada he surely would have got long ago.
So much for American justice!
And do we want to “sacrifice another Indian” rather than
to irritate the USA? Well let me say this: bullies don’t
respect those who crawl before them. The US may not
like some of our decisions, such as our not going to
Iraq, but they did not invade Canada in retaliation, did
they? I think they would respect our Government more,
if it stood on its principles of protecting a Canadian
citizen’s rights in this case. They would do the same, if
the case was reversed.
In fact they even refused to extradite Canadian OJ
Pitawannakwat from the US, after he violated his parole
here, and escaped to the States a couple of years ago.
He had been convicted in the Gustafson Standoff trial
on a weapons charge. The American judge agreed that
OJ was a political prisoner in Canada, and gave him
refuge in the US.
And as you appreciate, the charges in that case were
paltry compared to what is at stake here for John
Graham!
Yet our Courts are hamstrung, jeopardizing both John
Graham’s rights, and our sovereignty. You, sir, have the
power and the right to change this extradition ruling.
I urge you to refuse to extradite John Graham to the
United States. Given the inability of the Courts to
protect a Canadian, I would say you have the duty!
Do not put yourself in the position, where you will later
say, as one time Justice Minister Warren Almand did a
few years ago, speaking about the Peltier extradition in
Vancouver, that “something was done there, but it
surely was not justice”.
Let’s NO T take the view that it’s better to “sacrifice
another Indian” , and instead, protect the rights of this
CANADIAN CITIZEN, and future ones like him.
Thank you,
Eva Lyman