Song-inspired licence plate faces challenge

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This article was published 11/04/2019 (2533 days ago), so information in it may no longer be current.

Bruce Spence, a Cree man living in Winnipeg, is taking on Manitoba Public Insurance in a bid to keep his personalized “NDN CAR” licence plate, which he says is an homage to a classic folk-rock song by an Indigenous artist.

Spence, who has had the plate for seven years, said the inscription is a reference to the song NDN Kars (Indian Cars) by Anishinabe musician Keith Secola. The song has several official videos on YouTube, one of which includes a strong message from Secola advocating for driving sober and using proper safety restraints for children in vehicles.

A news release Thursday from the Justice Centre for Constitutional Freedoms said MPI revoked the plate two months ago, telling Spence in a Feb. 7 letter it was in the process of reviewing all personalized plates and Spence’s plate “has been identified in our review as phrases or innuendos that may be considered offensive.”

Spence said he turned in the plate to MPI in late February to avoid any possible problems insuring his vehicle if he tried to keep the plate.

“I looked at their (MPI) guidelines. They’re very clear on sexual innuendo and racist. I can understand that. What I’ve been asking them is why would you consider this licence plate derogatory or offensive? And I have yet to receive a clear answer,” said  Spence, a producer with Aboriginal People’s Television Network.

He said it was fun having the plate on his car and seeing the positive reactions it would get, especially from other Indigenous people.

“There’s nothing like driving through South Dakota and having a Dodge 300 full of traditional warrior types speed by you honking their horns and leaning out the windows waving,” Spence said.

“And it’s a song. It’s a good song. I don’t know why it doesn’t get played on the radio. You can dance to it, sing along with it. It explains so much of our Indigenous culture in the 21st century. ‘We’re on our way to a pow-wow.’ How offensive is that?”

After MPI staff phoned Spence in May 2018 to tell him they received a complaint about the plate saying it was “offensive and ethnic slang,” he wrote to Manitoba Crown Services Minister Colleen Mayer to explain its context relative to the song and express his concern about MPI going after his licence plate.

“This underscores how a government agency is not competent to referee evident expressions of humour in culture.”–John Carpay, Justice Centre president

“I have received nothing but happy smiles and thumbs up signs from fellow travellers across Canada and the United States because people recognize the sign for what it is, a tribute to being an Indigenous person driving a car. This song is an anthem to humble people just trying to get around the best way we can,” Spence stated in the letter.

He said he’ll be taking legal action against MPI over the decision and will be represented at no charge by lawyers from the Justice Centre for Constitutional Freedoms.

When MPI was asked for a comment, a spokesman issued an emailed statement: “As this has now become a litigious matter, MPI will not be providing any further comment.”

John Carpay, a lawyer and Justice Centre president, said government entities like MPI must consider the Charter right to freedom of expression.

“That MPI would go after a personalized plate that playfully refers to a well-liked song that has cultural significance for many Indigenous people demonstrates a lack of cultural sense and understanding,” Carpay said in a statement.

“More importantly, this underscores how a government agency is not competent to referee evident expressions of humour in culture.”

The Court of Queen’s Bench in Winnipeg heard on April 8 an earlier case of a personalized licence plate revoked by MPI because it said the plate’s text was offensive to Indigenous people.

MPI revoked Nick Troller’s Star Trek-themed “ASIMIL8” personalized plate in 2017. Troller, an avid Star Trek fan, got the plate in 2015 to reflect the well-known words from the alien race the Borg from the TV franchise. He put the ASIMIL8 plate in a border that stated: “We are the Borg” and “Resistance is futile.”

While Troller’s lawyer argued that “assimilate” is just a word, the Manitoba justice lawyer told court the word is inextricably linked to the history of government assimilation policies and cultural genocide involving Indigenous people.

The judge has reserved decision in the case.

ashley.prest@freepress.mb.ca