James Gabriel

James Gabriel was Grand Chief of the Mohawk community at Kanesatake (located near Oka, Quebec) from 1995 to 2004. His tenure in office was very controversial, and was marked by bitter divisions between his supporters and opponents.

Gabriel presented himself as an opponent of drug trafficking and organized crime in Kanesatake, although there are many who believe he and his supporters unjustly branded several community members as criminals. Gabriel agreed with the Royal Canadian Mounted Police that the community's tobacco stores (in which cigarettes of disputed origin are sold tax-free to non-natives) should be removed; several other community members disagreed, leading to a protracted dispute which eventually involved both the provincial and federal authorities.

61% of the community's residents voted to remove Gabriel from office in 2001 referendum, but he was able to keep his position following a court appeal. The reasons for Gabriel's unpopularity in this period are disputed. His supporters in 2003-04 claim that he lost popularity by not adequately confronting organized crime, while his opponents claim his unpopularity resulted from his promotion of bill S-24 (see below).

In late 2003, Gabriel made a deal with Canada's Indian Affairs Department for an emergency loan of $900,000 to the community's police force. Gabriel then made secret arrangements for aboriginal policemen from other regions of Quebec to converge upon Kanesatake for anti-crime operations; it soon became evident that Gabriel was planning to use these officers against the local cigarette dealers. (The three band council members who supported Gabriel were informed of these plans, while the three who opposed him were not.)

On January 12, 2004, Gabriel bypassed the Kanesatake Police Commission and led a force of 67 police officers to the local police station in an attempt to assume control (the community's police chief, Tracy Cross, was not a supporter of Gabriel and opposed these actions). Many local residents resisted this effort, and a standoff resulted. Gabriel's allies then made an extremely controversial decision to request assistance from the Surete du Quebec, which had been involved in the Oka standoff of 1990. The provincial authorities, fearing renewed violence, refused to send in the SQ -- and instead negotiated an agreement wherein Gabriel's forces were given safe passage out of the community. On the same night, Gabriel's house was burned down as he sought safety in the neighbouring community of Laval. There have been further disputes between Gabriel's supporters and opponents throughout 2004 over the leadership of the Kanesatake police force, and the matter has not yet been resolved.

Evidence presented at a court hearing in early June 2005 by Surete Quebec Command indicated that that raid was intended to replace both Cross and the Police Commission. The S.Q. and RCMP Command both argued against the raid, suggesting it was poorly planned and relied on dubious evidence.

Gabriel's status in the community after the raid was a matter of controversy in 2004-05. Some believe he was legitimately removed as Grand Chief in January 2004, while others (in and out of the community) reject this interpretation. In any event, Gabriel was defeated 375 votes to 344 by Steven Bonspille in a June 26th, 2005 election. The six band council members elected alongside Bonspille, however, are Gabriel supporters. Most observers described the result as a stalemate, and many believe that the community's divisions are far from resolved.

Some aboriginal groups in Canada, including the powerful Assembly of First Nations, have openly sided with Gabriel in this dispute, as has the "Parti Québécois". Gabriel's supporters believe that the provincial government capitulated to organized crime in early 2004. His opponents argue that his rule over the community was heavy-handed and arbitrary, and that his efforts to stop the cigarette trade were an unwelcome intrusion into accepted community practices.

Gabriel was involved in other controversial activities during his tenure as Grand Chief. He helped to negotiate the passage of S-24, a federal bill which, according to its backers, was meant to clarify the community's relationship to the federal government. Kanesatake is not a "reserve" but a "settlement", and hence is not subject to the provisions of Canada's Indian Act; opponents of S-24 believe that it was intended to reduce the community's autonomy.

The agreement was approved by two votes in a community referendum, with many residents choosing to boycott the process entirely. Many believe that Gabriel's ultimate intention was to turn Kanesatake into a municipality, which would have increased the powers of the federal and provincial governments over the community.

In 2002, Gabriel also allowed the federal government to hire the private firm of PriceWaterhouseCoopers to assume control over the band's finances (an act which he claimed was necessary in light of the band's $1.2 million dollar deficit).