In Halifax, Denise Pictou Maloney says the trauma and grief from the 1975 murder of her mother, Indigenous activist Anna Mae Aqaush, has never dimmed. Pictou Maloney was nine when she last saw her.
In Vancouver, Naneek Graham vividly remembers American FBI agents visiting her family91裸聊视频檚 home in Yukon in the 1980s to threaten her father, John Graham, with prosecution if he didn91裸聊视频檛 co-operate with the murder investigation.
Thirty-five years after the killing, Graham, a member of the American Indian Movement, was convicted of murdering Aquash by shooting her in the back of the head in South Dakota.
For decades, the two families on opposite sides of Canada have been unwillingly bound by the legacy of the murder that rocked the Indigenous movement 49 years ago, sparking years of legal wrangling and publicity about who ordered the hit, who carried it out, and why.
Now, Graham, 68, is trying to return to Canada to serve out the remainder of his life sentence. He is seeking what91裸聊视频檚 known as a treaty transfer from South Dakota and last month applied to the Federal Court of Canada to try to move the process along.
Graham91裸聊视频檚 daughter said the case has been a defining thread throughout her life, a 91裸聊视频渉orrible nightmare91裸聊视频 since her father91裸聊视频檚 incarceration.
91裸聊视频淢y dad91裸聊视频檚 been in jail for quite some time now and he91裸聊视频檚 ready to come home,91裸聊视频 Naneek Graham said.
91裸聊视频淗e91裸聊视频檚 always maintained his innocence right from Day 1,91裸聊视频 she said. 91裸聊视频淗e really just wants to come home.91裸聊视频
But Pictou Maloney said Graham91裸聊视频檚 bid to return is 91裸聊视频渉ighly offensive.91裸聊视频
She said she still gets goosebumps thinking about the last time she saw her mother.
91裸聊视频淪he got down on her knees and looked me straight in the eye and said, 91裸聊视频業 want you to please look after your sister,91裸聊视频91裸聊视频 she said. 91裸聊视频淭he second thing she said was, 91裸聊视频榓lways speak the truth.91裸聊视频91裸聊视频
Pictou Maloney said the Nova Scotia-born Aquash returned to the U.S. against the wishes of her family, who wanted her to stay in Canada to avoid both U.S. law enforcement and the American Indian Movement, which had suspected Aquash of being an informant.
91裸聊视频淭hat was her goodbye because I think she knew that things were going to go terribly wrong for her,91裸聊视频 Pictou Maloney said. 91裸聊视频淪he had to go back to prove that she wasn91裸聊视频檛 the person they were accusing her of.91裸聊视频
Instead of clearing her name, Aquash91裸聊视频檚 body was discovered on South Dakota91裸聊视频檚 Pine Ridge Reservation in early 1976.
It would take decades before two members of the American Indian Movement, Graham and Arlo Looking Cloud, were tried and convicted of the murder. But Pictou Maloney said those who ordered the hit were never brought to justice.
Graham91裸聊视频檚 case became a cause c茅l猫bre, with his proposed extradition opposed by some Canadian politicians, unions and First Nations representatives. Some supporters believed he was innocent and unfairly targeted by American law enforcement.
But he was sent to the United States in 2007 and was convicted in late 2010, resulting in a life sentence in prison in South Dakota where he remains.
91裸聊视频極UR CLIENT DESERVES BETTER91裸聊视频
Controversy over Graham91裸聊视频檚 extradition has continued.
The B.C. Court of Appeal in 2022 found his Charter rights were breached, because, while Graham was extradited to face a federal charge of first-degree murder, he was instead convicted on state charges, and a waiver allowing the switch was improperly granted by Canada91裸聊视频檚 justice minister.
Graham now wants to return to Canada, a bid that has been held up for years. His lawyers say in an application submitted to the Federal Court of Canada last month that the transfer has hit a snag because South Dakota officials 91裸聊视频渇ailed to comply91裸聊视频 with requests for the paperwork needed to process it.
The court application seeks to compel Canada91裸聊视频檚 public safety minister to request the paperwork.
91裸聊视频淭he minister has unreasonably delayed in deciding on whether to make a direct request to the State of South Dakota for the required documentation. The minister undoubtedly has the power to make such a direct request of the State of South Dakota,91裸聊视频 says Graham91裸聊视频檚 Federal Court application.
The delay, Graham claims, has 91裸聊视频渦ndermined91裸聊视频 his right to request a transfer under the International Transfer of Offenders Act.
South Dakota Assistant Attorney General Paul Swedlund said in an email that the allegations made to the Federal Court 91裸聊视频渁re not accurate,91裸聊视频 and the state opposes Graham91裸聊视频檚 return to Canada.
91裸聊视频淭hese crimes were committed in the State of South Dakota and, therefore, it is in the State of South Dakota where Graham must serve his sentence,91裸聊视频 Swedlund said.
Graham91裸聊视频檚 lawyer Marilyn Sandford said in an interview that the waiver issue remains outstanding and is separate from his treaty transfer application.
She said repeated attempts to communicate with U.S. government and prison officials haven91裸聊视频檛 produced results.
91裸聊视频淚n the meantime, we have a client in the background who is languishing and who is in custody in a foreign country far from his family,91裸聊视频 Sandford said. 91裸聊视频淲e write and we write and we write and we seem to get nowhere and never get an answer, and I think our client deserves better than that.91裸聊视频
Sandford said Graham has been stuck in a 91裸聊视频渢errible situation91裸聊视频 as he awaits word on his transfer bid.
91裸聊视频淚91裸聊视频檝e been down to see him and it91裸聊视频檚 not a pleasant thing to see a Canadian stranded in custody so far from home,91裸聊视频 she said.
The Ministry of Public Safety deferred comment on Graham91裸聊视频檚 case to the Correctional Service of Canada, which said in an emailed statement that it 91裸聊视频渋s aware of John Graham91裸聊视频檚 application to the Federal Court of Canada.91裸聊视频
The statement said, 91裸聊视频渇or privacy reasons, we cannot comment on specific cases.91裸聊视频
Naneek Graham said her father 91裸聊视频渉as a right to his side of his story and his truth, but he91裸聊视频檚 never been able to share that, and he wants to share it.91裸聊视频
91裸聊视频淗e wants people to know what happened in all these lies, and he91裸聊视频檚 never been able to speak for himself, ever,91裸聊视频 she said.
91裸聊视频淗e91裸聊视频檚 been sitting in jail for over 16 years now for something that he didn91裸聊视频檛 do, and not being able to tell his truth is really heartbreaking, it91裸聊视频檚 sad.91裸聊视频
But for Pictou Maloney, John Graham91裸聊视频檚 bid to get back to Canada represents another thorn of intergenerational trauma 50 years after her mother91裸聊视频檚 murder.
She said the killing was emblematic of the perils faced by Indigenous women from within and without, when they raise their voices in opposition to oppression.
91裸聊视频淭here are a lot of people out there that would like to see me silenced, and I would say that just from knowing my risk as an Indigenous woman out here speaking the truth with what happened to my mother,91裸聊视频 she said.
91裸聊视频淗e91裸聊视频檚 able to appeal as much as he can,91裸聊视频 said Pictou Maloney of Graham. 91裸聊视频淵ou know, my only wish is that my mother got to come home too.91裸聊视频
Darryl Greer, The Canadian Press