Judge John Reilly is a hero:
a reaffirmation of individual rights

Nipawin - September 7, 2000 - By: Mario deSantis

confusion is a deliberate

Natives and non Natives are in the same boat as we consider the kind of leadership we are
tolerating from our governments, businesses, and bureaucrats. We are experiencing a
political, social and economic mess. And sometime ago, reflecting on the chronic state of
social confusion, I concluded that this confusion is a deliberate effort by our leadership
to maintain the status quo for their own benefit.




I understand the meaning of the cycle of poverty and deprivation Natives are suffering.
But I also understand that it is not by fighting racism or by having Natives self-governing
themselves that we are going to solve our social and economic problems. The predicament
of Natives is not due to racism, but to poverty and to our unwillingness to change our
mental models and become more wholesome in our way of living.



first priority
is to create wealth

We have no political leader saying that we must change our ways of thinking and our
ways to do businesses. All the political leaders do, is to promise they are going to win
and that their administration would be better than the opposition's. Is this the kind of
leadership we expect from our politicians? Certainly not. Have you ever heard a
politician saying that the first priority is to create wealth. No, I have not heard a politician
saying 'we must create wealth'. What I hear is the B.S. of cutting taxes so that the business
community can create more jobs.



convoluted nightmare

Now, you can tell me how we can create more jobs when our own governments and
economists have no clue on how to create wealth(1) and increase productivity in the new
economy(2). To make things more confused, we have a Saskatchewan government which
has implemented tax reform for the purpose of reducing taxes, and instead people are
going to pay more taxes and receive less governmental services. This Saskatchewan
government is a convoluted nightmare(3), and therefore it is time that we, as individuals,
reaffirm our own responsibilities as citizens.



regressive governments

Also, there is much talk about Native self-government, and when I first heard about it
my thoughts went back to the racist policy of Apartheid in South Africa, that is the
separate social development for whites, blacks and colored. So, in Saskatchewan and
in Canada, we are experiencing regressive governments unable to create real wealth
beyond the GDP deceptive small numbers, and we are experiencing the development
of further racist social environments dividing the Natives from everybody else.



deplorable behaviour

As we become more distrustful of our governments and leadership, the more important
is the need to reaffirm our own individual freedom. And lately, we have been making some
progress. No fault tort reform are being fought and hopefully punitive damages will be
reestablished against the corrupted behavior of our own public agencies(4); individual
Natives are speaking out against the corruption of their oligarchic leadership(5); thousands
of Natives are seeking justice for the abuses they suffered when they attended residential
schools; and we at Ensign have been highlighting the deplorable behaviour of our
Saskatchewan government and governmental agencies.




Today, we have a definite victory as the Alberta Court of Appeal has decided that the
province's chief judge has no right in disciplining Judge John Reilly for his controversial
rulings(6). Judge Reilly dealt with many criminal cases affecting Natives, and he believed
that crime in Native communities reflected the corrupted behaviour of their leadership.
In the course of a trial, he ordered an investigation of the Stoney Reserve, and in a later
ruling Judge Reilly described the reserve as "a prison without bars" and "a banana
republic" run by corrupt, self-interested leaders who skimmed resources meant for all,
keeping the vast majority destitute and trapped in a dysfunctional environment.




As a consequence of this ruling, Stoney Chief John Snow called Judge Reilly 'racist',
Premier Ralph Klein said he had no authority to investigate the reserve, and Alberta
Chief Judge Edward Wachowich criticized his conduct and ordered him to move to
a different court. Judge Reilly fought the transfer and in describing his victory over
Chief Judge Edward Wachowich, Judge Reilly has stated

Judicial independence

"I am thankful for this judgment. I believe it is important for every individual in Canada because it upholds the principle of judicial independence. Judicial independence is not a right of judges -- it is a right of every individual in Canada to have judges who can decide cases independent of bureaucratic or political influence... If politicians or bureaucrats can have such influence one of the basic protections of freedom in a democratic society is lost."


Although the powers that be doesn't approve Judge Reilly's ruling and behaviour, he has
won many friends, and in particular, Greg Twoyoungmen, a Stoney resident who spent
years agitating for change has stated "To me, John Reilly's a hero."
  General reference: economic and political articles published by Ensign http://www.ftlcomm.com/ensign/


And the greasy winners are: John Nilson and his friend Centennial Food Corp., by Mario deSantis, September 4, 2000


What is Productivity? It is the work of our imagination at work, by Mario deSantis, September 6, 2000


A no-fault Saskatchewan Government has no apologies, by Mario deSantis, September 5, 2000


Justice Irving Goldenberg: Defending Individual Rights Against No Fault Researcher Dr. David Cassidy, by Mario deSantis, August 27, 2000


The problem of poverty is not racism, just lack of citizenship, by Mario deSantis, August 5, 2000


Alberta judge upholds judicial independence: Critic of native reserves cannot be disciplined for controversial rulings, appeal court says, PETER CHENEY, The Globe and Mail, September 6, 2000
-------------Additional references:
  Auditors deply at Indian reserves; Chiefs accused of misusing funds, David Crary, AP Sept 20, 97
  IS Department of State - Canada Country Report on Human Rights Practices for 1997 - Jan 30, 98 this report has a section mentioned Judge Reilly's decision.
  Southamettes And Indians: What Is It About Judge Reilly That Makes Liberals Incoherent? - Alberta Report Oct 4, 99
  Judge Pleads with Redcalf to end hunger strike - Mark Lowey - Edmonton Journal - Oct 4, 99
  Government of Alberta News Release - Dec 2, 97, action on stoney review
  Judge seeks payment for $136,000 legal bill - Calgary Herald -no date shown
  Klein, Havelock out of bounds - judge - Nov 19, 99 ´Calgary Herald - This story explains the conflict between Judge Reilly and the Alberta government.
  New court to apply aboriginal justice - Edmonton Journal - Sept 21, 99 - story that explains how Judge Reilly dug in his heels and won and what it means in general.
  Judge Often shoots from the lip - Carol Harrington - Canadian Press, apr 26, 99 - This is an outstanding background story explaining the exploits and single minded approach pursued by this interesting and independent judge.
  Alberta judge lays blame in teen suicide - Joan Black - Windspeaker - This remarkable account of the Judge's decision comes from this noted First Nations paper.
  Jurist calls for end of Indian Affairs - Nova Pierson, Sun Media - An interesting article referring to some comments by Judge Reilly.
  Headwaters News - University of Montana paper notes the importance of Judge Reilly's comments and ruling.