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Pam Palmater

Tag: Assembly of First Nations

  • Trudeau’s Dance of Deception on Indigenous Rights

    Trudeau’s Dance of Deception on Indigenous Rights

    *Originally published in Lawyer’s Daily on February 26, 2018 (edited to include links) On Feb. 14, 2018, Prime Minister Justin Trudeau announced his plan to develop a new legislative framework called the “Recognition and Implementation of Rights Framework” intended to recognize Indigenous rights and avoid litigation. This announcement came after the incredible not guilty verdict in the Gerald Stanley murder trial — the farmer who killed Colten Boushie from Red Pheasant First Nation — and the subsequent nationwide rallies and protests by Indigenous peoples.

    There is no doubt that Trudeau was trying to deflect attention from the deep-rooted racism within Canada’s justice system — but also in his own government’s failure to take substantive action on any of the injustices facing Indigenous peoples. Despite his many pre- and post-election promises to Indigenous peoples — Trudeau has been all talk and little action.

    Aside from the opportunistic nature of his announcement, it is important to note that this is nothing new. Since his election, Trudeau has made the same core promises to recognize and implement Indigenous rights in a multitude of strategically timed announcements. He campaigned on reviewing and repealing all laws imposed on First Nations by the former Conservative government headed by Stephen Harper. He promised to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including the provision of free, prior and informed consent which he confirmed meant a veto for First Nations.

    After he was elected he reconfirmed that his government would renew the nation to nation relationship based on rights recognition. However, his mandate letters to his cabinet tended to focus more on specific social programs than any rights-based agenda. Despite these very telling mandate letters, Trudeau managed to maintain the fanfare around his government’s commitments at the Assembly of First Nations’ (AFN) Chiefs in Assembly meetings in 2015 and 2016. With very similar impassioned speeches, he re-announced his government’s commitment to repeal all of Harper’s laws, review all Canadian laws to ensure their compliance with section 35 Aboriginal and treaty rights and implement UNDRIP.

    However, year after year, he has not taken any substantive steps in this direction. Therefore, when yet another announcement was made in June 2017, this time about a Memorandum of Understanding between the AFN and Canada, there was some expectation of concrete deliverables. Like all other announcements to date, the pomp and circumstance celebrating the MOU overshadowed the fact that the only hard commitment in the MOU was to meet with the AFN three times a year to talk.

    This is the well-choreographed dance used by Trudeau to make Canadians and Indigenous peoples believe that he is making great strides, “absolutely historic” advancements, or engaging in a “fundamental rethink” of the relationship with Indigenous peoples. Sadly, the AFN has become a willing partner in this deception. Had the AFN been doing its job, it would have advised First Nations not to count on the speeches and announcements, but to force hard commitments on paper. It should have been concerned that Trudeau’s legislative framework idea is yet another federal government idea, much like the creation of two Indian Affairs departments — neither of which was requested or developed by First Nations.

    We know from the Royal Commission on Aboriginal Peoples and the most recent Truth and Reconciliation Commission report that every time Canada imposes solutions on us — our lives get much worse. This announcement is no exception. Despite trying to distance himself from his father’s legacy, Justin Trudeau is covertly trying to do what his father Pierre Trudeau tried to do directly.

    In 1969, then Liberal Prime Minister Pierre Trudeau, together with his Minister of Indian Affairs, Jean Chretien released the 1969 White Paper on Indian Policy. The goal was to repeal the Indian Act, dissolve Indian Affairs, eliminate Indian status, get rid of reserves and treaties.

    There was tremendous opposition to this plan by First Nations, including protests and several official responses, including Citizens Plus — dubbed the Red Paper — from First Nations in Alberta and Wahbung: Our Tomorrows from First Nations in Manitoba. In both of these responses, First Nations said they did not want the Indian Act repealed and that any amendments had to be done with their consent. They also said that their separate status as Indians and treaty beneficiaries were to stay. Most importantly, they reconfirmed what First Nations have long said: that they need their lands, resources and jurisdictions recognized so they can rebuild their Nations. Trudeau abandoned the 1969 White Paper, but subsequent governments have never stopped trying to fulfil its objectives.

    Now, Justin Trudeau, who did not consult with First Nations nationally, has made unilateral decisions about Indigenous peoples including changing the name of the department, creating two new departments, limiting nation to nation relations to meetings with the AFN and a new legislative framework to limit Indigenous rights. We know that this legislation will limit rights because of the code words used by Trudeau during his announcement. His focus on “certainty” is a Justice Canada word used to extinguish Indigenous rights and title. His comment that this process is not about getting back what was lost — is code for no return of lands and resources or compensation for the loss of use or benefit.

    Trudeau’s confirmation that no amendments would be made to the Constitution means that no substantive recognition of Indigenous jurisdiction will be made. Finally, his focus on doing this to avoid the courts is another way of saying that he doesn’t want any more court cases upholding our rights to land and our right to decide what happens on our lands. Justice Minister Jody Wilson-Raybould made it very clear that free, prior and informed consent (FPIC) in UNDRIP “does not equate to a veto” — a stark contrast from Trudeau’s promise that FPIC “absolutely” equates to a veto.

    Trudeau’s dance of deception has the potential to gut Indigenous rights, treaties, title and jurisdiction in Canada, especially if he is permitted to ride the pomp and circumstance of these carefully worded, flowery announcements to royal assent before the next election — as he promised. Conflict is coming and the true test of reconciliation will be over our right to say no. *Link to the article originally published in Lawyer’s Daily on February 26, 2018:  https://www.thelawyersdaily.ca/articles/5976/trudeau-s-dance-of-deception-on-indigenous-rights-pamela-palmater?category=columnists Please check out my related video on Youtube discussing Trudeau’s false face speech to the UN about Canada’s relations with Indigenous peoples: https://www.youtube.com/watch?v=bI3-Vc01InQ&t=5s

    See also my related video providing a basic explanation of the federal legislative framework: https://www.youtube.com/watch?v=c7Z3579b20c&t=2s

  • 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.

  • Harper’s Shell Game: Bill C-33 is on “Hold” – not Dead

    Today, only 3 days after Assembly of First Nations (AFN) National Chief Shawn Atleo resigned, Prime Minister Harper’s Conservative government has made its move. Contrary to Harper’s usual backroom politics and secret meetings with the National Chief, Harper has switched it up. He has decided to play this political game out in the open for all to see. Aboriginal Affairs and Northern Development Canada (AANDC) Minister Bernard Valcourt offered a statement to the press today saying that it will put consideration of Bill C-33 First Nation Control of First Nation Education Act on hold until the AFN clarifies their position.

    “With the support of the Assembly of First Nations, our Government introduced historic legislation, the First Nations Control of First Nations Education Act (Bill C-33) in April. However, given the recent resignation of the National Chief, following today’s second reading vote, any further consideration of this legislation will be put on hold until the AFN clarifies its position.

    Our Government firmly believes that First Nations students deserve a quality education, like every other Canadian.

    The First Nations Control of First Nations Education Act provides the structures and supports necessary to help First Nations students reach their potential and become full participants in the Canadian economy. It would entrench in law the five conditions for success identified by the Chiefs in Assembly last December.”

    This is a very calculated move on the part of Harper’s government which serves a three-fold purpose. Firstly, this move serves as an indication to the AFN that Harper will give it another chance to get back in line. The carrot being offered is the promised funding attached to the bill (post-conservative-election funding). If the AFN confirms their support of the bill, they’ll all kiss, make up and move on as they were pre-Atleo. Atleo’s resignation would go down as a minor hiccup for Harper.

    Secondly, this move could serve to cause internal chaos at AFN. Harper is essentially casting his line to see which member of the AFN executive will take the bait – i.e., who will step up to replace Atleo and maintain the status quo relationship between the AFN and Harper government. Saskatchewan Regional Chief Perry Bellegarde has been front and centre in the media supporting the Atleo-Harper education deal – at least until Atleo’s resignation. Then, there’s always New Brunswick Regional Chief Roger Augustine, who recently wrote an open letter trying to convince Chiefs to support Bill C-33 – so maybe it will be him? It’s hard to say at this point.

    However either of these two scenarios turn out – they both miss the point. It simply doesn’t matter if the AFN Executive jointly issue a statement clarifying their support for the bill, or one of the Executive is appointed as interim National Chief and supports the bill. The AFN has no legal or political authority to allow, approve or in any way provide permission for this bill to proceed through the legislative process. At the risk of sounding like a broken record, the AFN is not a rights-holder – it is an advocacy organization. To those with Aboriginal, treaty and inherent rights to education, it doesn’t matter what the AFN says, except in so far as the AFN has the power to negatively impact our struggle to preserve those rights. We are the rights holders and we are the only ones who can decide. Our strong opposition to this bill is what’s really scaring Harper and motivating this move.

    Finally, and perhaps most ironically, what this recent move by the federal government does is focus attention away from the education bill and place it back on the AFN. Harper is hoping to reduce the building momentum against this bill by directing our attention to the AFN. Many people are now waiting to see what the AFN will say. The media is fixated on the AFN election and who the candidates might be. Some have even commented that AANDC’s announcement to put the bill on hold is a sort of victory.

    But perhaps that’s the idea? Maybe in putting this legislation “on hold” Harper hopes this will be enough to snuff out the fire that has been lit in our communities to defeat this bill?  Keep in mind, First Nation leaders and citizens, together with Canadians, have organized major rallies for May 14 in Ottawa to voice their opposition to this bill. Maybe Harper is hoping we’ll see no need to rally, now that the bill is on hold – but they’d be wrong. We have to use every single day to our advantage to oppose this bill.

    Bill C-33 is still in Parliament, still in Senate pre-study (though on hold) and could be re-animated and rammed through Parliament at a moment’s notice. We have to maintain our focus on killing this bill and worrying about the AFN later. We need to ensure that our voices are heard and that we do everything we can to ensure this bill does not pass. We all want to change the status quo and address the crisis in First Nation education – but giving up control over our education to the Minister is not the way to do that.

    AANDC could start addressing the crisis by providing fair funding and addressing the cumulative deficit in education. AANDC could literally address the chronic underfunding TODAY. It’s a choice they make – against every study, domestic and international law, our treaties and even economic recommendations – not to do so. Look at the lengths Canada will go to in order to defer, deflect and deny the problem of purposeful, chronic underfunding of First Nation education. All of these many decades of studies, reports, and meetings, followed by more studies, reports and meetings are meant to delay the inevitable conclusion – First Nation education must be funded.

    But if Harper has his way – this bill will pass and so too will our chance to protect our future generations from Harper’s assimilation plans.

    We have to stay focused. We have the power to defeat this bill. Hopefully, AFN will have learned from all of this and stand behind the people. But, either way, as sovereign Nations, we have to stand up and defend our sovereignty and jurisdiction over the education of our children and give them hope for their future.

    #KillBillC33

    #StayUnited against #FNCFNEA

    #May14 in Ottawa!!!

  • No Compromise on First Nation Control of First Nation Education: Response to Regional Chief Augustine

    Our unity on First Nation control of First Nation education has been broken by one of our own representative organizations: the Assembly of First Nations. While most of the attention has focused on Atleo, and his recent surprise resignation, we can’t forget that some of the Regional Chiefs have allowed this to happen. http://www.mediaindigena.com/dan-david/issues-and-politics/atleos-last-historic-moment Recently, Regional Chief Augustine issued an open letter in the Globe and Mail arguing that Chiefs should be supporting Bill C-33 – First Nation Control of First Nation Education Act. In his letter to the Globe and Mail he publicly insulted chiefs by saying if they don’t support this legislation, they clearly don’t understand it. http://www.theglobeandmail.com/globe-debate/as-first-nations-leaders-we-should-support-new-education-act/article18388152/ Regional Chief Augustine, against the majority of Chiefs across the country, seems to think he can belittle Chiefs into supporting Bill C-33. He says he has lost patience with them, accuses them of having not read the bill; and implies they are not experts enough in education, or they would see how this bill will save the Indians. Further, he implies that if he and Atleo disagree with dissenting Chiefs, his and Atleo’s views should reign.

    Yet, Augustine does not point to a single provision of the Act that is an improvement for First Nation education, nor does he show how this Act will improve outcomes for our children. He simply mimics the AANDC Minister’s speaking points and tries to scare Chiefs by presenting them with a false choice: Bill C-33 or the Minister’s many scary powers over education in the Indian Act.

     

    This sort of uninformed rhetoric does more to harm to Augustine’s position, than help it. First of all, anyone familiar with the Indian Act knows there are relatively few education provisions in the Indian Act, most of which are not even used any more. In comparison to Bill C-33, the Minister will have greatly enhanced powers over First Nation education.

     

    The majority of all analysis to date by actual First Nation legal, policy and education experts are in agreement that this Act increases Ministerial power and decreases First Nation control. Augustine refers to experts, but doesn’t name any. There is a reason why there is such a mass opposition to this bill, and it’s not a fear of losing the status quo. We are all wanting to overturn the status quo and make changes for our people. Most of us however, want to go forward, not backwards. Most of us want to preserve our sovereignty and jurisdiction over education, not give up control to the Minister, his education co-managers or third party managers. 

     

    This Act lays out a path for the assimilation of First Nations into provincially-directed curriculum, the incorporation of provincial laws on reserve, forces First Nations to educate non-First Nations students, and all must be done in either English or French. This is not a “new journey” – it’s the same path of assimilation Canada has been trying to force us down for the last 500 years. We are trying to undo the damage of residential schools – not repeat it.

    Augustine goes on in his letter to chastize Chiefs for allegedly adopting an all or nothing approach, yet presents Chiefs with a defeatist approach: something or nothing. He uses the same logic and persuasion tactics that the federal government has used for decades. He essentially argues that we have to take whatever deal we can get, because we won’t get anything better. He forgets we have survived many Prime Ministers, Minister of Indian Affairs and other adversaries over the years. This Prime Minister too, will pass. The question is: will we have sold the farm out of fear or preserved our rights for future generations? Augustine is so ingrained in colonial ideologies that selling out rights for beads and trinkets becomes the only logical option – a very defeatist and weak approach. It is certainly not an approach befitting our strong, proud, independent Nations that have thrived on Turtle Island since time immemorial. We have a choice – we don’t have to give up control over our education. That doesn’t have to be the sacrifice we make to advance our cause for properly funded education systems. Our Aboriginal, inherent and treaty rights are solid – we have had them since time immemorial and they cannot be unilaterally extinguished. We can only lose them if we voluntarily give them up. Augustine wants us to embrace inevitable assimilation – the standardization of the Indian in the child, until there are no Indians – all in exchange for a little money. http://www.indigenousnationhood.blogspot.ca/2014/03/first-nations-controlled-first-nations.html Some things that are not negotiable and our sovereignty and jurisdiction over education is one of them. Our rights are not for sale. To voluntarily allow Canada to legislate the treaty right to education is an insult to the ancestors who fought to protect those rights for future generations. Harper wants First Nations to voluntarily transform their treaty right to education into a discretionary program entitlement that is subject to the whims of Parliament. Why would anyone do this? Augustine’s impatience with Chiefs is more of a reflection of his own skewed view of First Nation politics. He thinks the quick deal is the best deal – one battle at a time he says. He equates “winning” with money. He forgets that sometimes the real win is the protection of what makes us who we are: our sovereignty as Nations. No amount of money can ever be as powerful as the sovereignty bestowed on us by the Creator and defended by our ancestors for generations. There can no compromise on First Nation Control of First Nation Education. The solution is simple: In the short term we must address the crisis in First Nation education created by the purposeful, chronic underfunding by the federal government. Amendments can be made to contribution agreements by adjusting funding levels AT LEAST comparable with the provincial rates, with additional amounts to build and repair schools, teach Indigenous languages and build capacity and training. There is a cumulative deficit in the billions in underfunded education on reserve. Even if we are funded now, it will take decades to catch up. In the longer term, it will be up to each Nation to decide how they want to go about addressing the larger issues of treaty implementation, restitution of lands and resources and the recognition of First Nation governance. It’s not for any one leader, organization, Minister or Regional Chief to make that decision for us. #StayUnited against #FNCFNEA #KillBillC33 #ValcourtResign

  • #StayUnited against #FNCFNEA

    Since the time I was small, I have always been told by Chiefs, politicians and elders about the importance of our unity – unity within our Mi’kmaw families, our communities and Nation. Leaders even spoke about the importance of inter-tribal or inter-nation unity. I come from a territory where the Wabanaki Confederacy, a political allegiance of multiple Nations, built upon our Nations’ diverse backgrounds for common purposes. The relationships which came from this confederacy have lasted until present day.

    At the same time, my elders were careful to explain that unity is not about sameness. Unity is a type of bond or treaty amongst Indigenous Nations which celebrates the different strengths, histories, cultures, insights and skills of each Nation and brings them together to make the whole stronger. Unity is a celebration or embracing of those differences to make the treaty group stronger in defending its sovereignty, territories or peoples. It is not an agreement on all issues at all times. Nor is unity about each Nation conforming to one way of thinking or acting. Diverse Nations inherently have different needs, outlooks, priorities and ways of accomplishing their goals.

    Several long-time leaders also told me that unity for the sake of unity can cause more harm than good. Unity for the sake of unity denies the very differences we celebrate as Nations and shuts out the voices of caution, overlooked facts, multiple perspectives and potential outcomes. Sometimes these lone voices are mischaracterized as oppositional, trouble-making, politicking or disloyal. Consensus building takes a great deal of effort and time; so when these brave voices speak out against the consensus, sometimes its hard not to lose patience or be frustrated.

    Yet, elders have told me that those voices which delay consensus for a time are sometimes the most loyal citizens – citizens who care so deeply about their community or Nation that they risk ridicule and exclusion to raise potential threats to the collective. They may not always deliver the message as we’d like or even have all the facts, but that is what consensus building is about – providing everyone with all the facts, potential outcomes and perspectives so that when a decision is made, everyone understands and accepts its – even if not in total agreement. I believe the future of our Nations depends on the consideration and inclusion of all voices.

    The biggest impact on our ability as Indigenous Nations to maintain our unity in times of need is the impact of colonization. Generations of colonial ideologies, residential schools, Indian Act restrictions, federal divide-and-conquer tactics, and systems of government-imposed rewards and punishments have impaired our ability to see unity as we once did. Canada has divided us into good Indians and bad Indians – those who comply versus those who resist. In so doing, the hard work of unity-building within Nations is impaired because the focus is on one-size-fits-all Indians. In fact, pan-Indianness is so ingrained that we often criticize ourselves for not being unified as “Indians” when we should be unified in resisting pan-Indianness.

    Our unity as Nations is like a treaty – a coming together of certain Nations at certain times to assert or defend certain causes. We can be united to defend our right to control education but different in how we want to assert that control (depending on each Nation’s priorities and needs). Sometimes our unity is based on historical relations, regional similarities or broad national interests. Our unity is no less powerful because the Mohawks educate one way and the Cree another. The similarity is in the assertion of sovereignty and jurisdiction over our right to control our own education systems, methods, content and outcomes.

    With regards to Prime Minister Harper and National Chief Shawn Atleo’s education “deal”, this was not made in a good way, nor in the spirit of unity. In fact, the countless secret meetings, lack of information, and surprise announcements are counter to our traditional ways of building consensus and capitalizing on our strengths and differences in unity. The biggest problem is that no space was ever made for the possibility that there would be no unity on this deal – the deal was made for us without us at the table. The result is wide-spread distrust, anger and reaction – all justified. Now, our leaders are forced to account to their citizens for decisions of which they had no part, causing even further disharmony amongst our Nations. Yet, none of this had to happen.

    For many decades, First Nations have been tightly unified on their views about First Nation education. While we may have taken very different approaches to other issues, on First Nation education we all agreed. First Nations are united in their views that we have jurisdiction over every aspect of our education systems (however we choose as individual Nations to define them) and that we should be the ones in control. We have always held the position that Canada must live up to its legal obligations to recognize and implement our treaty, Aboriginal and other rights to education with adequate funding. We have always asserted that Canada needs to make amends for the damages caused to our languages and cultures from residential schools by providing the supports needed to advance and protect them in current education systems – First Nations or provincial.

    How we choose to get there is up to us. Some of us may want to negotiate sectoral self-government agreements in education; some may wish to use the current systems with modified funding, some may want a treaty-based system, and others may want to design and implement their own systems independently with completely different funding agreements. We may have different methods, but we are united in defense of our right to choose how we will implement our right to control our own education systems. We are not all one mythical race of Indians after all.

    Our current initiatives in resisting the Atleo-Harper deal on education are not about sour grapes, jealousy, politics, the next federal election, the next AFN National Chief election, or who’s “right”. Those are all red-herrings critics throw in the mix to keep people from focusing on the real issue – control over our own education systems. The reason why so many Chiefs, grassroots citizens, academics, lawyers and Canadian allies are against this deal is because it violates our fundamental right to control our own education systems. We are not fighting against unity – we are fighting desperately to maintain our long-held unity in education.

    The Harper government has become very adept at its divide-and-conquer techniques. It also uses funding as a reward-punishment tool to further control and divide us. It’s most effective tool so far has been using First Nations individuals and organizations to promote its assimilatory agenda. Trojan horses filled with assimilatory Aboriginal warriors march forward to implement Harper’s plan under the guise of what’s good for us. The numerous bills being imposed on us all have wonderful titles and great media sound bites that distract us from what’s inside the bills. Calling a bill “First Nations Control” is a lie if what’s inside is increased Ministerial control.

    I think most of us expect this from Harper, but the most hurtful and offensive part is that we don’t expect our own leaders to do this to us. National Chief Shawn Atleo has hurt us all by acting as if he had the right to make this deal in the first place; by acting so secretively and outside our traditional ways of building consensus; and then standing in defense of this destructive bill – no matter what First Nations say. Part of being a leader is being humble and admitting when you have made mistakes. Atleo could still stand with First Nations against this bill, but he refuses to do so. Atleo destroyed our negotiating leverage in Ottawa and now he has broken our unity on education. He refuses to listen to us.

    Unfortunately, we don’t have time to commiserate about it – we have to act. We cannot give Harper any ammunition to use against us as he tries to ram this bill through the House and Senate. We have to show that Atleo does not speak for us, as the Minister is already relying on Atleo’s endorsement of the bill as his “proof” of consultation and consent. We cannot let Harper hide behind any First Nation individual or organization to roll out his assimilation plan.

    Most of all, we have to stay united against this bill to protect control over our education and save our cultures and languages for future generations. If we voluntarily allow Canada to legislate our treaty rights, there is no undoing it later. Harper is desperate to turn the treaty right to education into a discretionary program and service that is subject to Parliament’s budgetary whims. We can’t let Harper do that.

    Harper is scared of our voices. AANDC is running scared and is tweeting in defense of itself. Harper can see the growing opposition from First Nations and is speeding up the review of the bill. We have the power to stop this. When First Nations stand in unity, there is no piece of paper, no legislation, or crooked politician that can stop us. The “winter we danced” as Idle No More showed the world how powerful in peace our people are when we stand together. I’ve always believed in the power of our people to make change – let’s stay united on education and give our children some hope.

     

    #StayUnited against #FNCFNEA

  • First Nations Controlled, First Nations Education Act: Standardizing “the Indian in the child”

    On February 7, 2014, Assembly of First Nations (AFN) National Chief Shawn Atleo stood with Prime Minister Stephen Harper and Minister of Aboriginal Affairs and Northern Development Canada (AANDC) Bernard Valcourt and announced a “historic deal” on First Nations education. They announced that the federal government would change the name of education legislation to First Nations Control of First Nations Education Act, together with $1.9 billion in future monies.

    Since then, First Nations have been trying to figure out on what authority AFN made this deal on our behalf, and what exactly this deal entails. Every time that NC Atleo or Harper speaks, it becomes more and more apparent that Atleo and Harper are NOT of the same mind in terms of what this “deal” entails. In case anyone had any doubt about the fragile, if non-existent agreement between AFN and Harper, one need only refer to the letter from AFN dated Feb.28, 2014 requesting clarifications from the Harper government about what the deal means.

    You don’t have to hire a lawyer to know that you never ever commit to a deal without knowing what the deal is – i.e., get the details in writing. Atleo’s letter asks critical questions like:

    –        Is Canada committed to working with First Nations?;

    –        Will Canada “engage” or “collaborate” with First Nations on legislative drafting?;

    –        Will existing agreements and MOUs be honoured by Canada?;

    –        Is the funding new funding?; and

    –        Is the funding secure?

    It is almost unbelievable that the AFN would be asking these critical questions AFTER the deal has already been made and announced. What’s worse is that the AFN is asking these questions AFTER Atleo’s many media appearances and their FAQ Sheet which purports to answer these questions. How can the AFN assure First Nations that they will get to “inform” the legislative drafting process and then a few weeks later, ask the federal government if they will work with First Nations on the legislation?

    The joint Atleo-Harper announcement on February 7, 2014 and all the media statements by both parties in the days and weeks that followed is a clear indication that there is no common understanding. Here is a summary of how each side interpreted the “historic deal” (that has no written commitments):

     

    What AFN/Atleo Said

    What Harper/Valcourt Said

     

     

    Respects & recognizes rights, title & treaties

    Not about rights, it’s about social development

    Incorporates reciprocal accountability

    Ensures transparent & accountable

    First Nations

    No federal oversight

    Feds will provide the standards, reporting and other oversight mechanisms to “ensure” First Nations meet “new” standards

    Statutory guarantee of funding to address “real costs” of education

    4.5% cap on funding

    (versus 6% pop growth)

    Funding is guaranteed

    Funding will be for “willing partners”

    AFN will “inform” legislative process

    Feds will draft legislation and regulations

    Limited “enabling” legislation

    Full “comprehensive” education legislation

    New deal for First Nations

    What’s best for Canada

    Allows for diversity

    Same standards for all First Nations

    If this is THE deal (historic, but unwritten); which promises First Nation control (federal control of First Nations); and capped funding (future monies less than what is needed to take on new responsibilities); and a new relationship (where we voluntarily give up our treaty right to education) – then NO DEAL.

     

    But we already told Atleo NO DEAL. We told him during Idle No More, we told him when the Chiefs marched on Parliament against legislation, and we told him when Ontario, Quebec and Saskatchewan pulled out of National Panel on Education. Atleo needs to start listening.

    http://www.youtube.com/watch?v=Qnt7HsXLFL8

     

    It’s not hard – the problem has been identified in 100 studies: lack of real First Nation control, lack of funding and lack of culture and language in schools. The solutions have already been identified as well: First Nation control, adequate funding and culture and language. Legislation has never been required to do the right thing. It’s an Aboriginal, inherent and treaty right that is protected in Canadian and international law. The government doesn’t need legislation to respect the rule of law.

    http://www.chiefs-of-ontario.org/sites/default/files/files/OCOFOV%20Education%20Report%202012.pdf

     

    No amount of political spin can hide the swindle of the century  – legislating the future of our Nations out of existence by standardizing “the Indian in the child” to be like every other Canadian.

    #NoFNEA

    #NoFNCFNEA

    #ImpeachAtleo

     

     

     

     

  • Willing Partner or Jail?: Budget 2014 and the Elimination of First Nation Treaty Rights, Resources and Trade

    Harper has released the Conservative government’s federal budget for 2014 and one might think we were transported back in time to 1814. Promises of federally-controlled schools for Indians and trained, cheap labour for the extractive industry are the highlights of this budget. Instead of providing funds to address the socio-economic crises that exist on many First Nations, or implementing Aboriginal, treaty and inherent rights, Harper has offered more beads and trinkets – except these beads are more like bombs. Harper is poised to eliminate our rights in the name of national security. http://actionplan.gc.ca/sites/default/files/pdfs/budget2014-eng.pdf A closer inspection of the budget “promises” reveals very real threats to First Nations treaty rights, natural resources and their right to trade. All of this for the alleged “benefit of Canadians”, but it won’t be Canadians who benefit – it will be large corporate enterprises which hoard their profits. In the US alone, corporations are sitting on trillions in cash – not benefiting anyone but their CEOs. Harper’s economic plan doesn’t just hurt First Nations – it also hurts Canadians. http://www.economicpopulist.org/content/corporations-hoard-cash-while-americans-go-without-job-5508 In a strategically-designed media event, National Chief of the Assembly of First Nations (AFN) Shawn Atleo together with Prime Minister Harper and Aboriginal Affairs and Northern Development Canada (AANDC) Minister Bernard Valcourt announced that legislation to totally revamp education in First Nations would be imposed by Canada after all – despite the resistance by the majority of Chiefs and First Nations citizens in Canada. http://www.indigenousnationhood.blogspot.ca/2014/02/first-nation-control-of-first-nation.html Amidst much secrecy and blue-dot identification systems to exclude “bad Indians”, Atleo and Harper ran roughshod over the treaty right to education. Despite Atleo’s words that AFN is not a treaty organization and that he cannot negotiate treaty rights – he has done just that. Harper, with the help of Atleo, is trying to lure First Nations into trading their treaty right to education for a legislated program – subject to government whims and budgets. http://www.afn.ca/uploads/files/14-02-14_nc_bulletin_fn_education_announcement_and_budget_2014_fe.pdf Their joint announcement on First Nation Control of First Nation Education Act as the “answer” to the education crisis in First Nations is an illusion. Despite the build-up and announcement day fanfare, there was nothing substantive put on the table for First Nation education this year except more paternalistic federal legislation. It must be remembered that this legislation is an old promise that has been announced and re-announced many times over in major Conservative speeches. The rest of Atleo-Harper’s announcement amounted to a promise of future monies which are supposed to flow AFTER Harper’s term of office. Kelowna has shown us how empty “future monies” are to First Nations. http://www.oktlaw.com/blog/behind-the-numbers-harper39s-new-funding-of-the-first-nations-education-act/ Not only is this elusive, top-secret, federally-controlled legislation nothing new – but it is also being used as the primary trinket in other sections of the budget. For example, under the Education section, First Nations are promised First Nation education legislation. Under Jobs, they are promised First Nation education legislation. Under Skills Training, they are promised First Nation education legislation. So, once again First Nations really don’t get anything out the federal budget 2014 despite the fact that it’s our lands and resources that subsidize the many other budgetary promises. The Conservative Budget 2014 reveals that the only promises we can take to bank are those which reinforce the federal blockade against First Nation treaties, resources and trading rights. Make no mistake, Harper’s veiled threats in his Speech from the Throne are also being implemented in his Budget 2014. Harper, with the help of “willing partners” like Atleo, are asking First Nations to voluntarily give up their rights in exchange for money. The problem here is that this is like asking a single mom living on social assistance if she wants food for her children. Of course she needs food for her children, but that doesn’t mean she should be bullied into giving up her rights. Many of our communities are under duress to accept these take-it or leave-it offers. With no money to fight in court and no courts where we can get an unbiased decision, this leaves very few options for First Nations to protect their rights. http://indigenousnationhood.blogspot.ca/2013/10/conservative-throne-speech-2013-more.html There is incredible economic pressure put on First Nations to assimilate, integrate and otherwise surrender their rights. The budget indicates that Conservatives will provide $166 million over two years to help strengthen First Nation fishing enterprises, which sounds promising – until you read further. The money is allocated for the Atlantic and Pacific commercial fisheries – however, the funds are to be used to “integrate First Nation fishing enterprises into existing commercial fisheries”. First Nations have Aboriginal, treaty, and inherent rights to trade in fish – these rights are constitutionally and internationally protected. Canadians do NOT have a constitutional right to fish and trade in fish. What he is saying is that millions will be put into forcing First Nations to give up their rights or give up their means of subsistence. This is not voluntary – it’s coercive. We should not be surprised given that this comes from a government whose members have advocated against what they call “race-based” fishing rights. http://www.dominionpaper.ca/articles/3642 This underlying threat against First Nations rights appears throughout the budget and especially in relation to natural resources. The Harper government promises to “ensure” the extraction of natural resources and, as promised in his Throne from the Speech, he will “protect” these resources by beefing up protective infrastructure around them – including roads, bridges, and the means to protect this infrastructure. This is why you see billions invested in “energy infrastructure development” as well as money for law enforcement. Similarly, our Indigenous right to trade is also being attacked despite the many thousands of years of trading activities amongst our Indigenous Nations. For centuries, we have defended and protected our territories and trading routes. While the colonial governments erected barriers to the free flow of trade between Indigenous Nations – like the Canada-US border, the Jay Treaty promised that we would not be molested in our traditional travel and trade activities. Similarly, nation-based territories span multiple provincial borders and our sovereignty, rights and laws have never been superseded by provincial laws. Our trading and business activities have long been a part of our traditional economies – but Harper wants absolute control over our economies. Self-sufficient Nations don’t mix with Harper’s ideal of assimilated Indians and surrendered resources. Harper is now trying to force us give up our trading and business activities and surrender it to the federal and provincial governments under the guise of law and order. Canada has had a long history of criminalizing our traditional activities like hunting, fishing, and even travelling off-reserve to engage in trade. This continues today where the majority of court cases defending our Aboriginal and treaty rights are within the context of criminal or regulatory offences. In Budget 2014, Harper is pre-empting our rights and making some of our trade and business illegal. He is targeting online casinos and making them subject to terrorism legislation – knowing that outside of the provinces, it’s only First Nations that are venturing into online casinos. Similarly, he is taking one of our most lucrative traditional activities – the growing, manufacture and trade in tobacco – and eliminating First Nations trade as an “anti-terrorism” and “anti-contraband” measure. The only exceptions, if any, will be through tightly-controlled federal or provincial restrictions. Harper’s federal blockade preventing us from accessing our own resources is getting stronger – chipping away at our future self-sufficiency. So, just to be clear – Budget 2014 promises that if we agree to give up our Aboriginal, treaty and inherent rights to the $650 billion dollars (over the next 10 years) in natural resources that we own, Harper will give us some skills training for some low-level labour jobs with the extractive industry. That is why so many “employers” were present at the Atleo-Harper education announcement. As Harper continues to cut funding to First Nations and blockade them from their own resources, he hopes to make First Nations reliant on large corporations for hand-outs. Harper may feign innocence and claim that he is not forcing us to do anything and that all of these promises are for “willing partners” – but the definition of willing is without duress. Yet in Harper’s world, willing partners are those who want to eat, drink clean water, have an education and want to stay out of jail. Willing partner or jail… willing partner or jail… willing partner or jail. What would you choose? First Nations are already over-incarcerated and we know where this Budget 2014 path is heading. If we don’t act soon, it won’t just be First Nations who fill the shiny new prisons – Canadians are also lose the rest of their democratic rights and freedoms. How much more will Canadians take – from CSEC spying on all our cell communications in airports, CSIS and RCMP using terrorism to spy on social workers and teachers, to changes to the elections act to ensure we can never get rid of the Conservatives. We all need fresh air, clean water and farmable lands to live – Canadian or First Nation. We can’t eat gold or nuclear waste. It’s time we got real about Harper’s intentions and helped First Nations defend their rights. This could be Canadians’ last best chance to protect their own children from a life sentence in one of Harper’s jails for the crime of subsistence and protecting our lands and waters.

  • Conservative Throne Speech 2013: More Beads and Trinkets for First Nations

     The Speech from the Throne today made it clear that the relationship between First Nations and Canada is not a priority, nor will it ever be for a Harper Government. Instead of offering the real fundamental change that is needed to address the multiple, overlapping crises in First Nations like housing, education, water and food, more beads and trinkets were offered. These beads and trinkets were not even new, they represented old promised repackaged to look new – similar to how their past throne speeches, election promised and Crown-First Nation Gathering commitments read.

    In the Speech, First Nations were reduced to a mere minority cultural group of “Aboriginal Canadians” relegated to Canada’s past. Our alleged role in the creation of Canada is a “contribution” to be commemorated within the context of historical battles between European powers for our lands. Our “commemoration” is not a celebration of our Indigenous sovereignty, but a celebration of Confederation and reinforcement of Canada’s assertion of sovereignty over First Nations. In fact, not only did the Harper Government revert back to the two founding nations concept of Canada, but they specifically acknowledged Quebec’s status as a Nation within Canada.

    First Nations issues did not feature prominently in the Speech and the few items that were included were laced with racism and paternalism. The following is a list of the promises made specific to First Nations:

    (1)  Take steps to ensure “Aboriginal Canadians” find the job-training they need;

     

    (2)  Continue to work with “Canada’s First Nations” to develop “stronger, more effective, and more accountable on-reserve education systems”; (3)  Job opportunities for “Canada’s Aboriginal peoples” in the natural resource extractive industry; (4)  Renew efforts to address murdered and missing Aboriginal women; (5)  Continue dialogue on treaty relationship and comprehensive land claims; and (6)  Work with Aboriginal peoples to create healthy, prosperous, self-sufficient communities.

     Job Training:

    The first promise, i.e., to give Aboriginal Canadians the job training, starts from the flawed premise that Canada is working with the most educated work force in the world. That may be the case for Canadians in general, but it is far from true for First Nations peoples where the gap in educational attainment continues to grow. Even the terminology that is used signifies the Harper Government is coming from an employment equity point of view, as opposed to a Nation to Nation partnership, Aboriginal and treaty rights or human right point of view.

    This paternalistic nature of these “promises” is also evident from the possessory language that is used to describe First Nations. “Canada’s Aboriginal peoples” is an offensive phrase implying First Nations belong to Canada – the same paternalistic mentality indicative of Canada’s colonial past. Similarly, the phrase “Aboriginal Canadians” subjugates Indigenous peoples to Canada’s assertion of sovereignty over their lands and resources.

    First Nation Education:

    The second promise in relation to First Nation education is an example of the degree to which First Nations are always presented by the Harper government in a child-like manner using words like “potential” to describe their current state. The promise to build stronger, more accountable education systems on reserve implies that First Nation schools are not already accountable. We know from every report ever written that the issue around First Nation education is about lack of real First Nation control and severe, chronic underfunding. Trying to blame the victim and make veiled accusations of corruption only promotes stereotypes not conducive to addressing the crisis in education.

    What this promise doesn’t say is that the Harper government has drafted First Nation Education Legislation which will be introduced in the House shortly, likely in the omnibus bill with all the other new and amended pieces of legislation. Just like with Bill C-45, one of the bills which spurred on the Idle No More movement, this legislation will be rammed through the house without consultation, debate or the consent of First Nations. It is unconstitutional legislation that directly violates constitutionally protected treaty rights and international rights. This is not much of a promise when what was critically needed was funding.

     Mining Jobs:

    The third promise to ensure job opportunities in the natural resource extractive industry is another way of saying that Canada will continue to steal Indigenous lands and extract the resources for its own benefit. Harper has no intention of respecting the Aboriginal or treaty rights of First Nations in relation to the wealth from their lands, nor does will he consider the sharing of the natural resources. The benefit that First Nations can expect from this promise is to be trained in how to mine gold, cut down trees, or extract oil from tar sands. Harper plans to use First Nations as the labourers so large corporations can export their profits outside Canada while First Nations people are left with the environmental contamination.

    It should be kept in mind that this promise is closely tied to the other promises made in the Speech related to natural resources. Canada is claiming that they own all the natural resources and there is no mention of the rights of First Nations in this regard or the United Nations Declaration on the Rights of Indigenous Peoples which confirms First Nation ownership. Instead, the Speech was clear that Harper’s government that they will build the infrastructure necessary to access the resources and sell them to foreign governments.

    The Speech did confirm what First Nations have been saying for decades: it’s not tax payers that pay for social programs, but the $30 billion+ in natural resource development that pays for education, health and other social programs that Canadians enjoy. In other words, Canadians enjoy free education and health care paid for (subsidized) by First Nation natural resources and not the other way around.

    Murdered and Missing Indigenous Women:

    The fourth promise to renew efforts to address murdered and missing women was likely the most offensive part of this Speech. The Governor General spoke of protecting murdered and missing First Nation women followed by a promise to up-hold anti-prostitution laws, followed by a promise to enact legislation to protect dogs. Many listeners to the Throne Speech were shocked by the coupling of murdered and missing action with anti-prostitution laws. The racist overtones and implications here are unforgivable given the many reviews and approvals these speeches must go through before final approval.

     Treaty Talk:

    The fifth promise to continue dialogue on treaties is not a promise at all. More talking means the status quo or no action continues. We have National Chief Shawn Atleo and his undercutting of the Treaty Chiefs in January 2013 at the Crown-First Nation meeting to thank for this meaningless promise. Once Harper knew Atleo would turn his back on his own Chiefs and compromise their leverage, he knew he would never have to make any real concessions on treaties and this is what we see in the Speech. More talk, no action on implementation. That being said, Canada has a legal duty to respect and implement treaty rights which are constitutionally and internationally protected.

    Indian Affairs Mandate:

     Similar to the last promise, the sixth promise is actually no promise at all. It is simply a restatement of their legislated mandate which appears on their website which reads as follows:

    “improve social well-being and economic prosperity; develop healthier, more self-sufficient communities; and participate more fully in Canada’s political, social and economic development.” This has been the mandate of Indian Affairs for decades and they have failed their mandate year after year with no accountability. Promising to live up to only one part of their three-part mandate is not an encouraging sign for First Nations. Very little of substance was offered First Nations in this budget. Instead, Harper will focus on television programming, streamlining e-mails and protecting dogs. The level to which the crisis in First Nations has been ignored is astounding given the United Nations Rapporteur’s recent visit to Canada which has highlighted some of the extreme living conditions and injustices in Canada. Similarly, all the Auditor General, Correctional Investigator and independent reports and studies have all been ignored. The situation of purposeful chronic underfunding of essential human services which leads to the pre-mature deaths of First Nations peoples remains Canada’s biggest shame.

    It is criminal that Canada “will help the world’s neediest” with financial aid and economic development, but will let First Nations live in third world conditions despite the many calls for help. It is no wonder Harper will not answer to the Canadian public tomorrow in the House – not unlike Senators Wallin, Duffy and Brazeau skipping the Speech today. The hypocrisy is nauseating – but even worse, will result in more lives lost in First Nations.

    Canadians have the power to demand justice for First Nations while First Nations protect the lands and waters for all our future generations.

  • National Chief Manny Jules: Shared Priorities, Self-Sufficiency & Other Policy Myths

    Indian and Northern Affairs Canada’s (INAC’s) recent round of cuts to national Aboriginal organizations, regional First Nation organizations and tribal councils are very telling about the policy direction in which we are headed. This policy direction is most definitely backwards in time – say 50 to 100 years or so. Canada has come nearly full circle in its treatment of Indigenous peoples. Canada went from (1) creating a mythic “race” of Indians to be divided, controlled and assimilated, (2) to recognizing (at least somewhat) that First Nations are diverse, have the inherent right to be self-determining (although limited) and that Aboriginal and treaty rights must be addressed (even though we didn’t agree on how), (3) back to treating all “Indians” as one big problem that needs to be eliminated. http://indigenousnationhood.blogspot.ca/2012/09/harpers-indigenous-manifesto-erasing.html The two major policy objectives of this Harper government have been clear from the very beginning – it is about getting rid of Indians once and for all and turning Canada into one massive extractive industry. Harper is trying to position himself as a world power and he needs our land and resource treasury to do that. If there is one thing you can guarantee about power-mongers is that social justice, the rule of law and consideration for future generations is not consistent with  world domination. Harper may have some competition if Mitt Romney is elected as President in the United States, but that is another disaster for another day. http://indigenousnationhood.blogspot.ca/2012/08/pinky-and-brain-comeback-mitt-romneys.html INAC has always used a system of financial rewards and punishments to try to force First Nations into certain policy directions. This is not an easy task. It requires a colossal bureaucracy at INAC to control First Nations, manage their expectations and steer them in the direction which suits the Minister of the day. When you take a Nation’s land, resources and citizens away, then use all the profits to sustain your ever increasing bureaucracy and other pet projects (militaries, submarines and fighter jets) then that Nation is essentially held at ransom. Most, if not all First Nations have at least some citizens who need to eat, access clean water, and have safe, warm housing. If you hold access to those basic human needs over the heads of leadership, their practical choices become quite limited. http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 By keeping First Nations chronically under-funded for all essential human services, they will always be subject, at least in some way, to undue pressure by INAC’s bureaucracy. In some cases, the extent of the poverty is so severe that the situation goes from one of undue duress to what some have called “extortion” (obtaining money or property from someone through coercion, commonly practiced by organized crime). If you bring people to the brink of starvation, disease and hopelessness in order to get their agreement to give up their rights, how is this not at least undue duress? http://www.timescolonist.com/business/Housing+still+major+issue+First+Nations/7139121/story.html Harper’s plan is very clear – eliminating all history, obligations and mention of First Nations from Canada. His former advisor, Tom Flanagan, has tried for years to sell the idea of reinvigorating attempts to assimilate Indians and get rid of reserves, treaty rights and any form of distinct identity. The very racist, derogatory language and ideologies used to try to promote assimilation prevented a much wider audience from listening. Now, with the “new” more fringe right-wing Conservatives in power, they have adapted their tactics. People like Flanagan and Harper use First Nations people to sell their wares now. From Conservative Senator Patrick Brazeau who acts as Harper’s mouth piece tearing apart First Nations at every chance he gets, to Manny Jules, head of the First Nation Tax Commission who now promotes the destuction of reserves and the biggest assimilation policy plan created in recent years: the nationalizing of First Nations. http://reviewcanada.ca/reviews/2010/04/01/opportunity-or-temptation/ One need only look at INAC’s recent announcement to see exactly where they get their authority to cut funding to First Nation organizations, the ideology they are using, what their ultimate objective is, and who is benefitting (aka leading the charge). First off, INAC is focusing on what they call “self-sufficiency” which means First Nations that are self-funded. This is ironic, given that all Canadians are funded off the wealth and profits that come from our lands and resources. Were it not for our gas, oil, minerals, fishery, forestry, rivers, trade routes and lands, Canadians would not have such a high standard or living nor would government have the funds to pay for health, education and other services for Canadians. Taxpayers don’t pay our way, we pay THEIR way and we are kept in starvation mode for it. http://www.aadnc-aandc.gc.ca/eng/1346805886381/1346805926370 So, we know that their ultimate objective it to eventually cut all funding to First Nations and their political organizations and Canada will do this in a dramatic, albeit staged approach. No surprise here, we knew this was coming. The AFN has been woefully inactive on this front hoping the issue would simply go away. Well, it hasn’t and it’s here and we have to face it. INAC’s ideology is also telling – they want to treat all First Nations the same. Regardless of what region, treaty area, territory or Nation we are from, INAC will fund everyone the same. INAC is back using the concept of treating us all as one mythic race of Indians and what is good for one is good for all. We all know that northern communities are not in the same position as those in the south. The poverty levels vary across the country as do the housing crisis, flooding crisis, suicide crisis, water crisis, food insecurity crisis, and education, advocacy, and governance capacities. Mohawks have different laws, rules, cultures, languages and trade systems than do Mi’kmaq, Cree or Anishinabek. Some of us have treaties and others do not. There never was one race of “Indians” and to treat us like that in terms of funding ties our identities to federal laws, policies, recognition systems for one reason only – assimilation. In other words, they legislate who we are, who gets to be us and when we no longer exist. The funding cuts will just help this process along. Provinces and territories ought to take notice as well. Look at how Canada purports to change the constitutional jurisdictional relationship in section 91(24) from “Indians and lands reserved for the Indians” to “only Indians that live on a reserve”. For many communities, this will cut funding even more severely than can be seen in the announcement. First Nations will be assessed based solely on their on-reserve populations, which for many is about half their population. In other cases, some have 80% of their populations off-reserve, but are still responsible for them in a variety of ways. This is also no surprise as Canada has been trying to figure out how to deal with the inevitable court cases which find Indian status (registration) rules to be discriminatory. Their idea to reduce financial obligations is to slowly and quietly transition to an on-reserve population funding model versus a total band membership model. In the announcement, INAC explains that future funding will be based on “our shared priorities”. In case you are wondering where they got their shared priorities one need only refer back to the Crown-First Nations Gathering (CFNG) and the AFN-INAC Joint Action Plan which came out as a result. Harper was very clear in his speech that he would be getting rid of “incentives” (aka funding) and promoting “individuals” (aka breaking up reserves). The whole speech was designed to promote “integration” (aka assimilation). Harper said he would impose a suite of legislation and he is keeping his promises. There should be no shock about what is happening – the only issue is how we deal with it. In this case, the AFN opted to sign a Joint Action Plan, without the consent of the different regions in Canada to do exactly what Harper outlined. http://indigenousnationhood.blogspot.ca/2012_02_01_archive.html This is why INAC now says that they will limit funding to “shared priorities”. Let’s compare Harper’s Speech at the CFNG with the AFN-INAC Joint Action Plan and INAC’s Shared Funding Priorities:

    CFNG Gathering Speech

    INAC-AFN Joint Action Plan

    Shared Funding Priorities

    Treaty relationship

    Meaningful dialogue on treaties

    Consultation on resource development projects (omnibus bill to remove consultation, funding cuts to advisory services)

    Change rules in education

    National education panel to discuss legislation

    Education (education legislation, funding cuts to organizations and for proposal-based program funding)

    Change FN accountability

    Accountability of FN governments

    Governance (accountability legislation, elections legislation, funding cuts to governments, political organizations, advisory services)

    Focus on economic development

    Unlocking economic potential

    Land management (reserve privatization legislation, funding cuts for advisory services, community plans)

    Obviously, this is a very brief overview of several detailed documents and is meant in a very general way. Any policy or legal analysis of these documents would be much more sophisticated than can be reasonably presented in a blog (my blogs are already too long). All this to say, that INAC wants First Nations to “seek out new funding sources”. Easy for INAC to say because they have already taken 99.8% of our lands, most of our resources, and many of our people. What would these new funding sources look like? Well, one can imagine corporations like Enbridge and other pipelines, oil and gas companies, hydro companies, mining companies, nuclear or waste disposal companies and others would be a perfect fit.

    Canada privatizes our reserves + First Nations need to provide food, water and housing to their citizens = sale of our remaining lands to Enbridge et al.

    Just in case First Nations are unsure about how to proceed, they will no longer have funding for organizations to provide advisory services in the areas of economic development, financial management, community planning or governance. But that’s ok, because there is a new National Chief in town, and his name is Manny Jules. Manny Jules and his national organizations will solve all Indian problems – you will have your choice of: (1) Taxes (a) First Nation Tax Commission (Manny Jules) imposing tax regimes on your reserve or (b) Reserve lands becoming provincial lands subject to provincial taxation; (2) Finances (a) First Nations Financial Management Board (Harold Calla) manage your community’s finances or (b) Third party management by any number of high-priced financial consultants (except your own); (3) Economic Development (a) Aboriginal Economic Development Board (Clarence Louis) will advise INAC on how best to develop your reserve lands or (b) INAC will unilaterally unlock your lands and then develop them for you; (4) Reserve Lands (a) First Nations Land Title Institute (Manny’s proposed idea) will take over your reserve lands or (b) Find alternate funding to support your First Nation when INAC cuts all funds; (5) Governance (a) Allow your First Nations to be subsumed under one National Aboriginal Organization or (b) Have all of your political, advisory and governance funding cut by INAC. These are the choices being presented to First Nations by Canada: assimilate or stay on the rez. It is a false choice of course, because there are so many more meaningful options which come from our traditional ways of governing, learning, trading, sustaining, and relating. The hardest choice of all will be deciding to do things differently, doing things our way, and making the necessary short-term sacrifices to ensure the long-term future for our children. This is a sign of things to come – they will cut funding to First Nations even more. They will amend the constitution, they will breach and even try to extinguish our rights and they will do their best to assimilate us. We all own this – we all have a responsibility to make the changes we need. If we don’t care enough about our families, communities and Nations to at least try – no one else will. No one says it will be easy, in fact, I can guarantee it will be hard. We have a lot of work to do to gain back the faith and loyalty of our citizens and conversely, our citizens have work to do in supporting their Nations. We have a lot of issues to deal with internally, but that is our conversation to have amongst ourselves. The frustration of grass roots peoples with their leaders and organizations is very real and must be addressed. The frustration of leaders with Canada and the over-whelming task of trying to solve all the problems alone is also very real. The issue which faces us is not a battle between traditional leaders and Indian Act leaders, between men and women, or between on and off-reserve. The colonizers have done a good job of dividing us, confusing us and aligning us along their own ideologies about class, status, and individualism. If we could forgive ourselves for being colonized and for struggling with decolonization and healing, then the space would open up to work on this problem. We can let Canada’s plan unfold or there is a place where our peoples can meet in the middle, start over, face the problems honestly and openly, and start the healing journey towards changing our communities for the better.