Warrior Life Studios

Pam Palmater

Tag: Aboriginal and treaty rights

  • Assembly of First Nations election a battle for sovereignty

    *This article was originally published in The Lawyer’s Daily on July 18, 2018.

    The Assembly of First Nations will hold its election for national chief on July 25 in Vancouver. Only the chiefs of the 634-plus First Nations are eligible to vote but most chiefs’ assemblies see less than half of those attend, and of those, many are proxies and not actual chiefs.

    While elections for prime minister, premier and even mayors attract nightly political commentary, analysis and predictions in the months and weeks prior to their elections, there is generally very little commentary about the AFN election outside of Indigenous media like APTN, Windspeaker or smaller Indigenous political blogs. Yet, what is at stake in this election for First Nations should be of great concern to Canadians.

    This election feels more like a boiling point – a critical juncture spurred by the growing discontent of the AFN that was apparent in the last three AFN elections for National Chief. The outcome of this election could change everything for the better or the worse and Canadians will be impacted either way.

    The colonial reality of First Nations impoverished through the dispossession of lands and resources, together with an aggressive and unrelenting assimilation policy, forces leaders to make hard decisions in order to provide relief for their people. Their own local elections depend on whether houses are built on reserve to relieve the crisis-level over-crowding and homelessness or whether there is access to safe drinking water and food to keep their children out of foster care.

    The focus of local First Nation elections is often based on life and death issues – a far cry from federal or provincial elections which tend to focus on the best interests of the middle class, tax relief or international trade. The AFN is well aware of this dynamic in First Nations and uses the fear of losing critically needed social programs and services as a means to garner support for federal policies – which in turn equate to more money for the AFN itself. While everyone is aware of this dynamic, the need to provide for First Nation citizens is often paramount.

    Historically, First Nation leaders addressed their concerns privately, but the AFN’s drastic departure from its original purpose as an advocacy organization risks the very rights of First Nations, thus requiring the very public pushback we have seen in recent years.

    What is happening both before our eyes and behind closed doors is an epic battle to protect First Nation sovereignty, lands and cultures. It is a battle that seeks to frame reconciliation as more than the beads and trinkets offered by the Trudeau government and one which aligns more with First Nation constitutional and international rights.

    This election will be a contest between those who accept the federal government’s legislative framework agenda in exchange for relatively minor (but desperately-needed) funding increases to programs and services versus those who reject it, and demand the return of some of their lands, a share in their natural resources, and the protection of their sovereignty and jurisdiction. Either path will result in significant consequences for First Nations. But make no mistake – there will be government retaliation if the election choice is real reconciliation.

    Sadly, this is not a battle of their own making. Most of the divisions amongst First Nations have been created and maintained by federal bureaucrats, who have maintained their vise-like grip on the so-called “Indian agenda”. Even the first few attempts at national political organizing among First Nations after WWI and WWII were defeated by government interference.

    While the National Indian Brotherhood started out strong in defense of core First Nation rights and title, more recent years as the re-named Assembly of First Nations have seen a drastic decline in advocacy and a corresponding increase in the support of federal agendas. While most of the federal pressure occurs behind the scenes, the previous Conservative government wielded social program funding and federal legislative power as a weapon to bludgeon any attempt to advocate for First Nation rights. Former Prime Minister Harper’s government enacted a historic amount of legislation against the will of First Nations and even threatened to cut funding for “rogue chiefs” who dared challenge their legislative agenda of increased federal control over First Nations.

    While Trudeau was elected on a promise to repeal all of Harper’s legislation, he hasn’t done so – nor will he ever. He has his own legislative agenda designed to build upon Harper’s increased legislative control of First Nation governments by also limiting the scope and content of First Nation constitutional rights and powers once-and-for-all.

    The Trudeau government seeks to define and limit the scope of First Nation rights and powers under section 35 of the Constitution Act, 1982 in federal legislation under the guise of reconciliation. Therein lies the Trojan Horse of Trudeau’s brand of reconciliation. Trudeau’s reconciliation, while flowery and tearful, will result in the legal assimilation of First Nations into the body politic. Something his father, former Prime Minister Pierre Elliot Trudeau, tried to do with the 1969 White Paper on Indian Policy designed to get rid of Indian status, reserves and treaty rights.

    Real reconciliation – which is about addressing the wrongs of both the past and the present – requires the transfer of lands and resources back to First Nations, the sharing of the wealth made in First Nation territories and the full recognition of First Nation sovereignty and jurisdiction (the right to be self-determining). However, most Chiefs are acutely aware that although this is the path that most honours our ancestors and coincides with our rights; it is also the path with the most severe consquences. The path of retaliatory reconciliation has always attracted the full force of Canadian law enforcement and military power.

    When the Mi’kmaw Nation at Listuguj tried to manage their own fishery in the 1980’s, they were brutally beaten and arrested by the Surete du Quebec (SQ) police. When the Mohawks of Kanesetake tried to protect their traditional territory and burial grounds from a golf course in 1990, the SQ, RCMP and military laid siege to their territory for months.

    In 1995, an unarmed land defender named Dudley George was killed by Ontario police for protecting his reserve lands at Ipperwash. In the same year, the RCMP launched the largest attack on ever on a civilian population at Gustafsen Lake – all to prevent a small group of sun dancers from performing their ceremonies on so-called Crown lands.

    Even once the Mi’kmaw Nation at Esgenoopetitj (Burnt Church) had proven their treaty right to fish at the Supreme Court of Canada in 1999, the RCMP and DFO used brutal force to stop the Mi’kmaw from fishing. Hundreds of RCMP SWAT forces were called out to suppress the peaceful resistance of the Mi’kmaw Nation at Elsipogtog to hydro-fracking on traditional lands.

    Sadly, Canada’s vision of reconciliation only works if First Nations don’t assert their rights. First Nations are more than welcome to enjoy their pow-wows, re-name streets in their languages or hang their art in public spaces, as acts of multi-culturalism. But when it comes to asserting inherent, treaty or constitutional Aboriginal rights and land title – that is where Trudeau’s vision of reconciliation breaks down. One need only look at the arrests related to protests against the Trudeau/Kinder Morgan Pipeline to know where real reconciliation is headed.

    Canadians should be very concerned about the actions of their governments towards reconciliation and what this AFN election means for the safety and well-being of Indigenous peoples moving forward. Afterall, as beneficiaries of the treaties, Canadians have a role to play in addressing historic and ongoing wrongs.

    There is no way to sugar coat what is at stake in this AFN election. A vote for Perry Bellegarde is a vote down the rabbit hole of assimilation that looks eerily like a pipeline. A vote for real reconciliation means First Nations will have to brace for retaliatory impact – but this is the only path that will protect our rights from voluntary erasure.

    Full disclosure: I was the runner-up candidate in the AFN election 2012 to the former incumbent National Chief Shawn Atleo.

    * The link to the original article published in The Lawyer’s Daily:

    https://www.thelawyersdaily.ca/articles/6951/assembly-of-first-nations-election-a-battle-for-sovereignty-pamela-palmater?category=columnists

    Postscript:

    I would like to refer you all to two very good articles written by Indigenous commentators on the AFN election. Both Niigaan and Doug are excellent writers and have a great deal of insight into First Nation political issues.

    (1) “National chief election matters” written by Niigaan Sinclair for the Winnipeg Free Press on July 7, 2018:

    https://www.winnipegfreepress.com/local/national-chief-election-matters-487557421.html

    (2) “Changes needed to AFN structure” written by Doug Cuthand for the Saskatoon StarPhoenix on July 14, 2018:

    https://thestarphoenix.com/opinion/columnists/cuthand-changes-needed-to-afn-structure Please also see my related videos on my Youtube Channel: https://www.youtube.com/watch?v=bI3-Vc01InQ&t=5s https://www.youtube.com/watch?v=ur6FO3Ce8ww&t=12s

    Here is my related Youtube video that provides some basic analysis of the federal legislative framework: https://www.youtube.com/watch?v=c7Z3579b20c&t=2s

  • Canada’s Criminalization of the Indigenous Tobacco Trade

    Canada’s Criminalization of the Indigenous Tobacco Trade

    *This article was originally published in Lawyer’s Daily on April 4, 2018

    Prime Minister Justin Trudeau claims that there is no more important relationship than the one with Indigenous peoples and committed to a renewed nation to nation relationship based on respect for Indigenous rights. To this end, Trudeau made many promises to First Nations, including a commitment to review and repeal all of the laws imposed on First Nations by the former Conservative government led by Stephen Harper.

    This is a significant commitment from the Liberal government, as Harper passed numerous laws impacting Indigenous rights — without complying with the legal duty to consult, accommodate and obtain the consent of First Nations. Laws related to drinking water, elections, financial transparency, matrimonial property, land surrenders and the removal of protections for lakes and rivers were passed in spite of strong opposition by First Nations. One bill which attracted a great deal of resistance was Bill C-10 An Act to amend the Criminal Code (trafficking in contraband tobacco).

    Bill C-10 created the new offence of trafficking in contraband tobacco and also prescribed minimum prison terms for repeat offenders. The RCMP defines contraband or illicit tobacco as including product “unlawfully manufactured in Canada, mainly on First Nations reserves and territories.” Yet, it is only unlawful to the extent that the federal government has made it unlawful.

    Current laws completely ignore the inherent, Aboriginal and treaty right of Indigenous nations to engage in their traditional economies. Not only do Indigenous nations have a right to trade in tobacco with other Indigenous nations, but they have a right to trade with settlers as well. Part of the traditional practice of trading in tobacco was trading with Europeans — which is in fact how Europeans came to enjoy tobacco today.

    Indigenous nations in North and South America have been growing, manufacturing and trading tobacco for thousands of years. Some anthropological estimates put the growth and use of tobacco as a crop by Indigenous peoples as early as 5000 BC. Indigenous peoples manufactured the tobacco plant for use in ceremonies, sacred rites and rituals, and it is still used in ceremonies today. Tobacco is often gifted to elders to perform ceremonies or exchanged between First Nations as part of cultural protocols, for example. Tobacco was also traditionally manufactured for snuffing, chewing and smoking as well as medicinal purposes and was even used as insect repellent. By comparison, European settlers did not start growing, using or trading in tobacco until very recently — in the last several hundred years — and only because Indigenous nations introduced it to them. If there is one economy that should be exclusively managed, controlled and legislated by First Nations — it is the tobacco trade.

    The Indigenous tobacco trade is an essential part of the traditional and modern cultural practices and economies of many Indigenous nations in what is now known as Canada and the United States. They have managed, protected and benefited from the many natural resources within their traditional territories since time immemorial — including tobacco. Today, the inherent, Aboriginal and treaty rights of Indigenous nations to engage in traditional practices, such as the growth, manufacture and trade in tobacco, are governed by traditional and modern Indigenous laws and regulations. These practices are also protected in s. 35 of Canada’s Constitution Act, 1982 which specifically protects Aboriginal and treaty rights — including pre-contact practices that were integral to Indigenous cultures.

    The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provides that Indigenous nations have the right to self-determination which includes the right to freely pursue their economic development (article 3); the right to be secure in their own means of subsistence and engage freely in all traditional and economic activity (article 20); and the right to benefit from their own lands and natural resources in their territories (article 25). While the United Nations considers these standards to represent the minimum standards for the “dignity, survival and well-being” of Indigenous peoples, Trudeau’s government has also committed to implementing UNDRIP into domestic law. At a minimum, the current government should exempt First Nations from these unconstitutional and human rights-infringing laws which criminalize the Indigenous tobacco trade.

    Article III of the Jay Treaty of 1794 recognized the trading practices of Indigenous nations north and south of the imposed border and confirmed that their rights to live and pass freely over the border would continue to be protected and included an exemption from customs, duties and other fees. In fact, a report of the Special Parliamentary Committee on Indian Self-Government (known as the Penner Report) specifically recommended that Article III of the Jay Treaty be specifically implemented into legislation. Instead, Canada has continued to deny Indigenous nations their long held rights to trade over the border.

    The problem is less about Indigenous criminality and more about colonial control of Indigenous practices for the benefit of non-Indigenous governments and corporations. In other words, the crime of contraband tobacco was created to disentitle Indigenous nations from engaging in their own tobacco trade. Not unlike what federal and provincial governments did with hunting and fishing.

    Characterizing Indigenous peoples who engage in the tobacco trade as gangs, criminals or members of organized crime is racist, factually wrong and is itself a form of hate crime insofar as it paints all Indigenous peoples in the trade as criminals and dangerous. Indigenous nations have just as much right to provide food, clothing and shelter for their families as anyone else, including Canadian businesses, like convenience store owners – who do not have constitutionally protected rights to engage in the tobacco trade.

    The racist backlash experienced by First Nations from being characterized as criminals stems directly from federal and provincial laws, policies, and enforcement measures which appear to target First Nations. Canada can’t have it both ways — they can’t complain about the cost of First Nation poverty and continually criminalize all our means of subsistence. This focus on contraband tobacco appears to be less about addressing organized crime and more about who gets to profit from the tobacco trade.

    *Link to the article that was originally published in Lawyer’s Daily on April 4, 2018

    https://www.thelawyersdaily.ca/articles/6233/canada-s-criminalization-of-the-indigenous-tobacco-trade-pamela-palmater?category=columnists

  • PM Trudeau’s Nation to Nation Relationship Disppeared with Empty Budget Promises

    Prime Minister Justin Trudeau won the hearts of many Canadians by finally getting rid of Stephen Harper and his decade of oppression, violation of civil rights and vilification of First Nations. Most breathed a sigh of relief on October 20th, 2015 when newly elected Trudeau talked about changing everything in Canada. He gave moving speeches about Canada’s shameful history with Indigenous peoples and committed to implementing all the calls to action from the Truth and Reconciliation Commission (TRC). Trudeau promised to start this process by implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)  and respecting the right of First Nations to say no to development on their territories. Most significant were his promises to renew the nation to nation relationship between Canada and First Nations which would be guided by the spirit and intent of treaties and that respected constitutionally-protected Aboriginal and treaty rights, inherent rights and First Nation jurisdictions. Today’s budget saw these promises evaporate into thin air only to be replaced by an under-funded program and service agenda.

    Today is a very difficult day for many Canadians. They are being asked to celebrate a budget which is being promoted as “historic” not just by Trudeau and the majority of journalists and commentators in main stream media, but even by the Assembly of First Nations (AFN) National Chief Perry Bellegarde. Canadians are faced with two major obstacles to understanding this budget: (1) trying to figure out which numbers are accurate and (2) assessing those numbers in their proper context. First, it’s important to note that Trudeau’s budget plays a shell game on the actual funding commitment during his 4 year (now 3.5 year) mandate. As we all know, monies promised for future mandates are not monies at all. This budget promised $8.4 billion to First Nations, but is in fact, less than $5.3 billion.

    ITEM

    BUDGET 2016

    ACTUAL $

    (within mandate)

    BUDGET vs ACTUAL

    TOTAL

     

    $8.4B

    $5.3B

    -$3.10B

    First Nation Education

    $2.6B

    $1.15B

    -$1.45B

    FN   Infrastructure

    $3.5B

    $2.44B

    -$1.06B

    Other   Programs

    $1.1B

    $706M

    -$705M

    So, in actual fact, Trudeau is only offering $5.3 billion in the next 3 budget years. The $2.6 billion he promised First Nations is really only $1.15B. He failed to deliver on his own election promise to First Nations. Now, he made sure to blame it on the Conservatives prior to the budget being released, but the failure is ultimately his. Still, without the proper context, many Canadians may think that billions of dollars is a lot of money. The chart below takes only a few examples and shows just how abysmally small this “historic” budget is in reality.

    ITEM

    NEED

    BUDGET

    NEED vs Budget

    FN Housing

    on Reserve

    $20B

    $550M

    -$19.45B

    FN Water

    & sewer

    $18B

    $618M

    -$15.4B

    FN Education

    k-12

    $20B

    $1.15B

    -$18.85B

    Indigenous

    Languages

    $8B

    $5M

    -$7.95B

    National Inquiry

    MMIW

    $100M

    $40M

    -$60M

    Where did I come with the $20 billion for First Nation housing? Indigenous and Northern Affairs Canada (INAC)’s own internal report noted that the housing needs for the 63 First Nations in Manitoba would cost $2 billion. Since Manitoba First Nations represent only 10% of all First Nations, the national cost to address the housing crisis would be closer to $20 billion give or take a few dollars. In First Nation education, the 2% funding cap imposed by the former Liberal government created a cumulative deficit of over $20 billion. This means First Nations are more than $20 billion behind the starting line when it comes to infrastructure (schools), staff, training, materials, curriculum development, etc. That doesn’t include extra costs for post-secondary education which has created a waiting list of thousands of First Nation students. Yet, there was no budget line for post-secondary education – instead there was only a promise that Trudeau’s government would work with students, parents, educators and Indigenous groups to “explore” future options.

    First Nation water and sewer should have been an easy budget line to address since there are already independent studies on what the actual costs are to address the crisis. The last report said it would cost almost $6 billion to fix the current water and sewer stock with an additional $2 billion for operation and maintenance needed over the next 4 years. Add to this a conservative estimate of $10 billion to add new water and sewer infrastructure that will be needed to service all the new houses needed in First Nations and you get a rough number of $18 billion. As anyone knows, the longer houses, water, sewer or any infrastructure system is left without maintenance and service, the worse it deteriorates, costing more to fix.

    The commitment to protect and support Indigenous languages is one of the most shocking lines in this budget. The TRC report recommended substantial support to revive and protect Indigenous languages since they are only endangered because of Canada’s purposeful attempts to wipe out our languages in various assimilation policies including residential schools. I made a conservative estimate of the cost based on what is currently spent on protecting the French language in Canada – approximately $2.4 billion annually. Given that there are approximately 53 Indigenous languages spread out over 10 provinces and 3 territories, and given that the majority of these languages are in critical states nearing extinction, much more intervention would be needed up front to save them. Thus, $20 billion over 3 years would provide enough up front funding to create immersion programs on reserve, develop or expand curriculum, and hire and train staff. This is a massive undertaking which is no less important than protecting French language and is an essential part of real reconciliation.

    It’s hard to believe that Trudeau would not at least ensure that the budget line for First Nation child and family services was consistent with the costs noted in the Canadian Human Rights Tribunal in the child welfare case it lost. An increase of $200 million is needed annually just to get child welfare funding for First Nations children somewhere close to provincial levels of funding. Yet the budget shows a mere $71 million for next year and $99 the year after. These levels are nowhere near what are needed to address the crisis of First Nations children in foster care. In Manitoba alone, 90% of all kids in care are Indigenous with one baby taken away from its mother every day on average. Nationally, despite being on 4% of the population, Indigenous kids represent about half of all kids in care. Sadly, it looks like Cindy Blackstock’s fight for justice for our kids is not over.

    Even the amount set aside for a national inquiry into murdered and missing Indigenous women and girls pales in comparison to the costs of past inquiries. But we also have to realize that not all of the $5.3 billion is even going to go to First Nations. A large percentage is set to go to INAC, DFO, CMHC, NEB*, various political organizations and even former Liberal Prime Minister Paul Martin. So once again, the bureaucracy will benefit first. Also, due to the length of this blog, it couldn’t include any analysis of the funding deficiencies for Indigenous peoples living off-reserve or the Inuit in the north – which would only compound the grossly under-funded budget presented. There are just too many budget items to go through in the space of one blog. However, there are some glaring omissions that have to be highlighted.

    ITEM

    BUDGET

    Implement TRC

    Calls to Action

    $0

    Implement UNDRIP

    Provisions

    $0

    Negotiate Nation to Nation

    Relationship structure

    $0

    Implement Aboriginal &

    Treaty Rights

    $0

    Review and repeal all legislation

    enacted without consultation

    during Harper decade

    $0

    All of the above were unequivocal election promises that were re-affirmed after Trudeau’s successful election, in his speech to the Special Chiefs Assembly. He told APTN in one definitive word that First Nations’ right to veto a project on their land was absolute. His promise to change everything about the status quo that is currently killing our people was based on a renewed nation to nation relationship. Not only did he back away from supporting a First Nation’s right to say no to development, with this budget so too does the nation to nation relationship disappear. There are no real funds set aside to support this foundational promise and his words say it all.

    Nowhere in the budget document does he refer to this “nation to nation” relationship, but instead refers to a renewed relationship with “Canada’s” Indigenous people aimed at “unifying Canada” and ensuring participation of Indigenous people in the economy. Throughout the document we have been downgraded from Nations to people, groups, communities and stakeholders. There is no mention of UNDRIP, TRC, or free informed and prior consent. There is no mention of the “sacred” constitutionally-protected Aboriginal and treaty rights in need of implementation. In fact, the nation to nation relationship based on free informed and prior consent turned into a “partnership” based on “consultation, and where appropriate, accommodation”. We are back to square one: letting courts determine the relationship. If you are the kind that is ok with endless “first steps” or “its a start” or believe “every dollar counts” or “something is better than nothing” or “we better take what we can get” – then I’m sure the budget works for you. However, I think our children deserve better than this. I think reconciliation envisions far more than this. If we don’t use our collective power as Indigenous Nations and allied Canadians to set this government back on track, we risk another lost decade and many more lost lives.

    I think I can definitively say the honeymoon is over. Time to snap back to reality and stop being distracted by the shiny beads and trinkets contained in all the flowery speeches and smiling photo ops. The health of our planet and future generations depends on us taking our role as the real governing power seriously. We need to hold this government accountable for its commitments and hold ourselves accountable to act and speak honestly. This budget is crap and we all deserve better. *Note: INAC = Indigenous and Northern Affairs Canada DFO = Department of Fisheries and Oceans CMHC = Canada Mortgage and Housing Corp NEB = National Energy Board

  • Harper’s Gone, Now It’s Time to Look Within

    This is a blog I wish I didn’t have to write. I wish I could say that now that Canadians have changed their federal government that everything will be ok. But that is not a given. The decade-long reign of terror against First Nations, the environment and democratic rights and freedoms has worn on everyone. Yet there is still have a great deal of work to undo the harm that was done and prepare the path ahead for a safer, healthier and more just future for First Nations and Canadians alike. Nothing will change for us unless we address all the contributing factors to our current situation and that includes the many afflictions we suffer due to such extensive and prolonged colonization. The life-long work of so many Indigenous activists, defenders and natural leaders culminated in the Idle No More movement and helped empower our people to understand some of the very complex ways in which centuries of colonization has impacted our peoples. But understanding the sickness of colonization is only the first step. It’s time we finally got rid of what isn’t working for us – even if that means parting ways with long-established advocacy organizations or demanding better of our leaders.

    I love our people. I am so proud to be L’nu – to be from the Mi’kmaw Nation and have many relations in other First Nations. I am so honoured to be able to stand on the same territories that our ancestors did. None of us ever want to be publically critical of our own people. We have a strong sense of solidarity and unity across Turtle Island. But we cannot ignore the tremendous power that Canada’s assimilatory laws, policies and programs have had on us. The extreme suffering of our people – scalpings, rapes, tortures, sterilizations, starvations, and prison can turn our best leaders from proud defenders of our sovereignty and identity to those who would settle for programs or contracts to try to bring relief to our people. This is not a matter of blame or judgment. How many Canadian politicians could stand before their constituencies and tell them to hang tough while their little girls go murdered and missing or their little boys hang themselves? Precious few I am sure. I don’t blame or judge any of our peoples and in fact I think we need to forgive ourselves for the many ways in which colonization has impacted us. It wasn’t our doing, and we have paid a dear price – but we can’t let it continue to hurt our people.

    One of the many prices we have paid for such extensive control over our peoples by the federal government is the way in which Canada has slowly gained control over our political and advocacy organizations. We have to remember that during this last decade, it wasn’t just Harper that was a problem for First Nations, but some of the National Aboriginal Organizations (NAOs) were as well. The Congress of Aboriginal Peoples (CAP) was the first to hitch itself to the Harper government and former President Patrick Brazeau gained himself a Senate seat for his outrageous anti-First Nation rhetoric. Aside from his offensive videos shot from the Chamber of the Senate, he was combative towards First Nation people who appeared before him at committees, especially women. CAP, the former Native Council of Canada, had been established to advocate for the rights of off-reserve Indians, non-status Indians, and Métis peoples and were included in the constitutional talks of the 1980’s and at the Kelowna Accord negotiations.

    However, under Brazeau’s tenure, it quickly descended into an anti-Chief and anti-First Nation organization that betrayed its original purpose. At one regional meeting, President Brazeau was chanting – down with the Chiefs! We are all too familiar with the disgraceful conduct of Senator Brazeau which was followed by criminal charges and investigations. His successor, Betty-Ann Lavallee carried on in Brazeau’s path by hitching herself to Harper’s government and CAP literally dropped out of sight. Whenever CAP did make a statement, it was merely to echo Harper initiatives. An organization that was formed from the spirit and resistance of Indigenous peoples who were excluded by Canadians laws and policies became an organization of that same government. The organization has remained ineffectual and irrelevant ever since.

    The much critiqued Assembly of First Nations (AFN) wasn’t always what it is today either. After WWI, the League of Indians was the first major attempt at national body which could represent First Nation interests nationally. Insiders explain that significant government interference with their activities prevented it from taking hold. After WWII, they tried again with the National American Indian Brotherhood, but again a lack of funding and government actions were cited as impediments to its success. The National Indian Council (NIC) was formed in 1961 to provide unity among all Indian people and represented Treaty, status, non-status and Métis people (the Inuit were excluded). Discord grew within the organization, so in the 1970’s, several key First Nation leaders like George Manuel and Harold Cardinal (and others) formed the National Indian Brotherhood (NIB) which focused on First Nation issues. Coinciding with the patriation of the Constitution, the organization later became the Assembly of First Nations (AFN).

    While the NIC/NIB/AFN originally had good intentions and did a great deal of advocacy work, over the years, the original vision of those early leaders seems to have been lost. This last decade has seen a significant downturn for the AFN as it has lost legitimacy among many grassroots peoples and even some of the Chiefs. Despite the incredible opportunity with the massive Idle No Movement, the AFN instead propped up the Harper government and chose to ignore the obvious will of the people. When the Former National Chief, Shawn Atleo, chose to go against the demands of the grassroots people in Idle No More and Chief Spence and met with the Prime Minister, instead of hold out for a meeting which included the Governor-General, we knew the AFN had changed. Many Chiefs protested against this meeting and chose to march on Parliament with their grassroots citizens instead of support the AFN. Some Chiefs even officially withdrew from the AFN or wrote letters saying the AFN no longer represented them. But the AFN did not adjust their actions to account for this growing dissent.

    Despite resolutions from Chiefs and the widespread criticism of AFN activities by grassroots citizens, the AFN continued its secret meetings with the Harper government. Many Treaty First Nations then organized as the National Treaty Alliance to ensure that their treaty rights were protected. They wanted to make clear that the AFN did not speak for them and could not make deals on their treaty rights. Even the Confederacy of Nations, provided for under the AFN Charter, was reinvigorated in an attempt to get control back over the AFN. The AFN stayed the course and sided with the government instead. The final straw was the surprise joint announcement by Atleo and Harper on an education “deal” that did not have the consent of First Nations. The outcry from Chiefs and grassroots citizens ultimately led to Atleo’s resignation. The AFN has never fully recovered.

    I wish I could say that simply getting rid of these organizations would change everything – but that would not be true. Unlike with organizations like CAP, the power and influence of the AFN extends well beyond any term of office for its regional or National Chiefs. If we look at where some of the current and former regional and National Chiefs have ended up, this gives us a clearer picture of why we should be so concerned about what actually happens in those organizations and why we change is so desperately needed.

    One of the worst examples is that of the current AFN Regional Chief for New Brunswick and PEI, Roger Augustine. While Regional Chief, he publically defended illegal vote buying in First Nations.

    http://pampalmater.com/vote-buying-in-burnt-church-a-cultural-tradition/

    Augustine’s “something is better than nothing” motto is why he was always in support of Atleo’s education deal – even in the face of opposition from so many Chiefs.

    http://indigenousnationhood.blogspot.ca/2014/05/no-compromise-on-first-nation-control.html

    Now, despite the fact that his is still a sitting AFN Regional Chief, he is also secretly part owner of a company called GITPO Storm Corporation in partnership with former National Chiefs Matthew Coon Come, Ovide Mercredi and Shawn Atleo. Their corporation is set up in New Brunswick at 8 Gitpo Road in Eel Ground First Nation.

    https://www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpDtls.html?corpId=9061797

    This is the exact same business address used by AFN Regional Chief Augustine as his AFN office.

    Assembly of First Nations leadership

    Does the AFN itself not see this as a gross conflict of interest? Where in the Charter of the AFN has their mandate changed so dramatically? The AFN Regional Chiefs are elected to bring the views and interests of their constituents (Chiefs in their region) to the AFN. The Regional Chiefs, as part of the AFN, are elected to advocate on behalf of First Nations rights and interests. More recently, Atleo explained that the AFN was allegedly there to “open doors” for First Nations within government. It was never set up nor provided with a mandate for individual Regional Chiefs to negotiate with corporations and businesses to see how much profit they can make personally within the territories of the Chiefs they serve. The inherent, Aboriginal and treaty rights of Mi’kmaw and Maliseet peoples in New Brunswick belong to the peoples within those two Nations. These rights do not belong to the AFN or their elected representatives. I am from Mi’kmaw territory in New Brunswick, as are my family and friends, and none of us were informed about this AFN company.

    If this is a company that was set up on behalf of First Nations, then it begs the question as to why Mi’kmaw and Maliseet citizens were not informed. Why is it that this company has been in operation for a year without many knowing? We do not yet know why they are set up out of New Brunswick, or why the AFN is involved. Why would former National Chiefs be partnering in business ventures with the AFN? Some of the Chiefs worry that their company was set up to get contracts related to major natural resources projects in New Brunswick, including the Energy East Pipeline and/or Sisson Mining Project. We don’t know for sure because no one seems to much about this company or how much money its partners have made from it.

    http://www.sissonpartnership.com/s/Home.asp

    The information about this partnership is as much of a surprise as was the announcement by Atleo that took place only two hours after Perry Bellegarde was elected. Shawn Atleo announced that he had been appointed as the new Senior Advisor to Pacific Future Energy Corporation, one of the companies wanting to build an oil refinery in BC. His former AFN staffer, Jeffrey Copenace, is Senior Vice-President. It was further announced that former National Chief Ovide Mercredi would also be joining the team.

    http://www.bcbusiness.ca/natural-resources/former-afn-chief-shawn-atleo-adds-starpower-to-pacific-future-energy

    The Chair of Pacific Future Energy is none other than former Conservative Cabinet Minister Stockwell Day, who served as Minister of Public Safety and then Minister of International Trade in the Harper government. The former partnership between AFN and Conservatives manifested as a business deal after Atleo’s resignation from the AFN. Instead of advocating for Aboriginal and treaty rights, Atleo will now promote the oil industry.

    Mercredi was one of the former National Chiefs who most vocally defended Atleo during Idle No More protests and the widespread criticisms from Chiefs, despite his former role as the Treaty 1-11 spokesperson. He is now not only affiliated with Atleo in Pacific Future Energy, but also GITPO in New Brunswick. Mercredi is not just a former AFN National Chief, he is now also the President of the Manitoba NDP – ironically one of the most conservative governments in Canada. Manitoba has the highest rates of murdered and missing Indigenous women and little girls, the highest rates of Indigenous children in care, some of the highest rates on incarceration, and possibly the worst government record on mining and other industry abuses on First Nation lands. So, have the AFN and Manitoba NDP have partnered to seek natural resource contracts in New Brunswick?

    http://indigenousnationhood.blogspot.ca/2013/08/manitobas-epic-failure-manitoba-and.html

    To make matters even more confusing, several months after the announcement of Atleo and Mercredi joining Pacific Future Energy, SNC Lavalin made their own announcement that they were teaming up with Atleo. Atleo’s company: A-in-Chut Business Group is set to do the pre-engineering studies for Pacific Future Energy with SNC. The overall plan is to transport Alberta tar sands oil to a refinery in BC for transport by tanker to Asia.

    http://www.theglobeandmail.com/news/british-columbia/first-nations-group-partners-with-snc-lavalin-for-bc-refinery-project/article25800248/

    Aside from being surprised, I am very disappointed. These former National Chiefs and current Regional Chief were elected by the Chiefs and were given all of their power and influence from those Chiefs. Their ability to act as National Chief was a privilege and a great responsibility. The power and influence they have today is owed in part to that given to them when they were National Chief. They may no longer be National Chiefs, but many elders and traditional leaders have argued that they have an enduring responsibility to ensure that they use that power and influence in a good way. Some have even said that because of that incredible privilege bestowed on them, they have to conduct themselves to an even higher standard. I am not an elder, nor am I a traditional leader, so it is not for me to say whether or not this is the case. But it has always been my personal view, based on my Mi’kmaw upbringing, that a leader always carries that obligation for their people with them.

    These are the same people who know the conditions of our people and know the causes. They know that the dispossession of our lands and resources is the root cause of our poverty. Some of these leaders have suffered personally at the hands of government policies designed to assimilate or eliminate us. Despite their own struggles, some of these men did some good work during their tenures as National Chiefs at the AFN. That is what makes situation all the more disappointing. How does one go from advocate for First Nations to advocate for industry? It is hard enough for First Nations to battle federal and provincial governments and the massive extractive industry, but it creates a near insurmountable task for us to try to counter our own people. This is especially true when many of our Nations have cultural protocols which discourage us from acting in a way which disrespects our former leaders or elected, traditional or hereditary. We prefer to be united and support one another.

    The AFN and Manitoba NDP representatives have created a near impossible situation for Mi’kmaw and Maliseet people of New Brunswick. If these former National Chiefs sign contracts for infrastructure or projects related to natural resource extraction in our territory, it will impede on our ability to say no to the project. Imagine the optics of Mi’kmaw and Maliseet peoples deciding that no pipeline will come to New Brunswick, when a company of 3 former National Chiefs and one current AFN Regional Chief have already signed and benefitted from contracts related to those projects? Imagine the public’s confusion when former AFN Regional Chief Jodi Wilson Raybould, as Minister of Justice, appears in litigation against Mi’kmaw or Maliseet land defenders asserting our Aboriginal and treaty rights and Canada’s evidence will include affidavits from former AFN National Chiefs saying the pipeline is great business? I am wondering how much thought went into this company outside of financial and business considerations?

    However, our elders have always told us that the core of sovereignty is acting in defence of our peoples, lands and cultures – even if this means challenging one of our own who may be taking us down the wrong path. I am disappointed in these business partners because it was kept a secret from the people. Part of what makes our resistance to colonization and ongoing dispossession of our rights so difficult is the lack of information. Our people are always the last to know about projects in our territory and we never get all the information. As the last to know, we rarely have enough time to research and provide our input. Government and industry take advantage of our lack of access to information and a lack of resources to mount a defense against violations of our rights. Imagine how much harder this will be with the AFN involved on the side of industry?

    I am not suggesting that no Indigenous person ever open a business, work as a consultant, or sit on boards and committees. I think everyone benefits from the wisdom, experience, skills and perspectives of Indigenous peoples.  Nor am I suggesting that no Indigenous person should ever work with the extractive industry in certain capacities that try to help change how they do business. I admit that there is certainly no Canadian law against former AFN National Chiefs doing any of these things. But the first laws of our territories come from our sovereign Nations. While our laws are as diverse as our Nations, I think it’s pretty common knowledge that no one gets to hunt, fish or use our territories without our knowledge and consent. This has been the law since time immemorial. Even the United Nations Declaration on the Rights of Indigenous Peoples, quoted by AFN, says nothing happens without “free, informed and prior consent”. That applies not just to federal and provincial governments, and corporations, but also to other non-territorial First Nations. Setting up a company designed to get “Aboriginal” contracts from projects in our territory based on our Aboriginal and treaty rights is as offensive as hunting in our territory without consent.

    We have a very unique situation in Mi’kmaw and Maliseet territory. Despite many attacks on our people, and even scalping bounty on our heads, we have never surrendered our lands. Our lands are unceded territory. Therefore we have original Aboriginal title to all the lands in the Atlantic region. We also have constitutionally-protected Aboriginal rights and numerous treaties as well. Our rights are very strong and the last thing we need is for some First Nation people from other territories coming into our territory and making deals. We have not even decided as Nations what projects we accept and which we don’t. As the landowners, these are our decisions to make. In our territory, it is the province and industry who must ask us for permission, not the other way around. The discussion with the province should no longer be consultation and impact benefits (low level jobs and contracts), it’s about ownership and jurisdiction. It is certainly not appropriate for the AFN, Manitoba NDP, or the current sitting Grand Chief of the Cree to act this way in our territory.

    If we are truly to empower one another, let’s start by respecting the sovereignty and laws of our respective Nations.