by arthur Weinreb, associate Editor,
December 28, 2004
Dorothy Kateri Moore (apparently no relation to Clayton) is a Mi'kmaq Indian who obtained employment as a sales clerk at Play It again Sports Limited in Sydney Nova Scotia in 1998. The part owner of the business and his father who helped out in the store, on occasion called Ms. Moore, "kemosabe". When Moore, who was unfamiliar with the word asked what it meant she was told that it meant "my friend". One day in 1999, a discussion developed about Ms. Moore not doing her job properly and she left her employment.
Moore filed a complaint with the Nova Scotia Human Rights Commission alleging that she had been discriminated because of her aboriginal origin and her gender (the sex discrimination claim was later abandoned).
a Board of Inquiry was held into Moore's complaint and although several issues were raised at the hearing the Board found that the crux of the matter was her employers' use of the term "kemosabe". Moore alleged that the word was a racial slur that poisoned her work environment.
The Board spent an entire day watching episodes of the 1950s television series, The Lone Ranger. The Board of Inquiry found that the relationship between the Lone Ranger and Tonto was one of respect although it was the Lone Ranger who gave orders to Tonto. The Board also found that Tonto was treated better than other Indians in the show who were demeaned and portrayed as being inferior
a litany of "expert witnesses" appeared before the Human Rights Tribunal. One, an aboriginal linguist, testified that the word Kemosabe came from the Ojibwa word, "giimoosabe" that meant sly or sneaky and as such was demeaning and insulting. another witness testified that the relationship between the Lone Ranger and Tonto was one of master/servant and no matter how well intended the word was used in the program "kemosabe" had come to be used to mock aboriginal people.
aboriginal friends of the employers were also called and gave evidence that they were not insulted by use of the word, "kemosabe" knowing that it meant "friend' and that the employers were using it in that context.
The Board of Inquiry dismissed Ms. Moore's complaint on February 17, 2004. Their basic finding was that the evidence was contradictory and the tribunal found that Ms. Moore did not specifically advise her employers that she found the word offensive. at no time did she ever directly tell her employers that she did not want to be referred to as Kemosabe. The Board accepted the evidence of the employers that had she made her feelings known, they would not have used that word.
The Human Rights Commission appealed the decision to the Nova Scotia Court of appeal. In a 27 page judgment that was handed down on October 29, 2004, the appellate court dismissed the appeal, finding that the Board of Inquiry made no reversible errors. Now the Nova Scotia Human Rights Commission is asking the Supreme Court of Canada to return to those thrilling days of yesteryear and determine the true relationship between the masked man and his faithful Indian companion.
Hopefully Canada's top court will decline to hear the matter. The mind boggles at what the result would be if they did rule. The Supreme Court of Canada could accept the explanation that kemosabe is derogatory and that all these years, Tonto has been calling the Lone Ranger sneaky and sly. It's bad enough that the Supremes are destroying the present – interfering with childhood memories is definitely crossing the line. If the Court was to rule that the word "kemosabe" is demeaning, insulting and racist the country's aging boomers will never been the same.
Having just concluded that same sex marriage is constitutional, it is mind boggling to think what the Supreme Court of Canada could conclude about the true relationship between the Lone Ranger and Tonto. after all, some of us have wondered what they when they were taking a break from fighting for law and order in the early west.
Hi Yo Silver, away!!!