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Tag: Cindy Blackstock

  • Canada’s Shell Game on C-92 Funding

    Canada’s Shell Game on C-92 Funding

    C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families

    THE FEDERAL GOVERNMENT has once again proven that legislative initiatives tend to be effective deflections from their ongoing failures to address human rights abuses against Indigenous peoples. Bill C-92: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (2019) was heralded by the Assembly of First Nations (AFN) and the federal government as the solution to the “humanitarian crisis” of First Nations children in foster care. The AFN in particular pushed hard for the legislation to pass in Parliament, despite widespread opposition and protests from First Nations from all over Canada. First Nations legal and child welfare experts also warned Parliament that C-92 did not align with Canada’s political promises and could in fact make things worse. They were right.

    NO STATUTORY GUARANTEE OF FUNDING

    There are many substantive problems with C-92, but the most obvious is that there is no statutory guarantee of funding for First Nations in the legislation. In other words, there is no judicial right that a First Nation could use in court to force federal compliance in relation to funding under the Act. This concern was raised and effectively ignored by the AFN in its push to have the bill pass into law — all while federal officials were assuring First Nations that funding would follow. As expected, funding did not follow and to make matters worse, it looks like the federal government used C-92 as an attempt to insulate itself from the orders of the Canadian Human Rights Tribunal (CHRT).

    The federal government has confirmed that it does not consider itself to be bound by CHRT orders to end racial discrimination in funding against First Nations children in foster care, once First Nations assume jurisdiction under C-92.

    “Since (Bill C-92) falls outside the scope of the CHRT orders, the CHRT orders will not apply to a First Nation that has assumed jurisdiction.”

    Federal officials further clarified that:

    “There is no funding stream for the long-term operationalization of an Indigenous governing body’s law once they begin exercising jurisdiction.”

    This confirmation comes from the federal government’s response to questions posed by the First Nations Child and Family Caring Society in their ongoing litigation at the CHRT. Canada is effectively telling First Nations: Sure, you can assume jurisdiction over housing, education, health care and child and family services; but if you do, your funding will be cut or reduced. Oh, and by the way, you assume all the liability.

    https://fncaringsociety.com/publications/caring-society-submissions-re-non-compliance-motion-feb-3-2021

    The whole point of the CHRT’s original decision was for Canada to stop racially discriminating against First Nations children in foster care and their families. One of the primary reasons why First Nations children are apprehended and placed in foster care at such high rates is due to the purposeful, chronic and racially discriminatory underfunding of essential social services for First Nations — like child and family services. Ironically, one of the most striking pieces of evidence in the CHRT hearing came from the government’s own internal documents that confirmed that federal underfunding leads to higher rates of First Nation child apprehensions. Yet Canada continues to underfund child and family services and all services like housing, health care, education, water and mental health services like suicide prevention on reserve. It is no coincidence then, that First Nations have the worst socioeconomic conditions of all groups in Canada.

    TRANSFER OF FEDERAL LIABILITY

    This follows a similar pattern in federal legislative initiatives over the last few decades, where under the guise of addressing a breach of Indigenous rights, they instead use legislation to deflect from the matter and find ways to insulate itself from liability and/or transfer federal liability to First Nations. Bill C-3: Gender Equity in Indian Registration (2011) was supposed to end sex discrimination against First Nations women and their descendants in Indian registration. Instead it created new discrimination and in s. 9 insulated itself from any legal claims by those Canada had discriminated against for decades. Similarly, in Bill S-3: An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur general) (2017), Canada once again failed to address all forms of sex discrimination and via s. 10 purports to insulate itself from liability for the discrimination endured by First Nations women and their descendants.

    In enacting legislation, even in relation to First Nations, the federal government should always be assumed to be acting in the best interests of the Crown first, despite its fiduciary and other legal obligations to First Nations. C-3 and S-3 are just two legislative examples of explicit insulation of liability from Canada’s own wrongdoing. Another example is the Safe Drinking Water for First Nations Act (2013), which has done little to remedy ongoing the lack of clean drinking water and sanitation on all First Nation reserves but helped deflect media attention away from the crisis. Yet the legislation creates more problems than it solves including the creation of new ways to imprison First Nations members who breach the water laws; ensure federal laws are paramount over First Nation laws; and the inclusion of s. 11 which purports to limit liability for both the provincial and federal governments.

    “DRAW DOWN” JURISDICTION?

    In this context, it becomes apparent that First Nations who “draw down” jurisdiction under C-92 may be assuming significant financial and legal liability without corresponding legal protections and guaranteed, long-term needs and rights-based financial supports. Take a scenario where a First Nation band member is receiving federal support for health needs for their children under Jordan’s Principle and then the band assumes jurisdiction. What happens to the funding support for this First Nation band member and their children if — as the federal government has confirmed — they will not be bound by CHRT orders to provide funding to First Nations for critical programs like Jordan’s Principle (a child-first policy that is meant to ensure First Nations children have access to the same government services that other children do)? Does the member seek funding from the First Nation and if so, how will the First Nation provide this funding if the federal government ends Jordan’s Principle funding to First Nations under C-92?

    The AFN has a lot to answer for in its support of C-92 without ensuring the free, prior and informed consent of First Nations, and worse, for forging ahead when so many First Nations leaders and First Nation child welfare experts were against the legislation as it read. First Nations who have given notice or are contemplating giving notice that they want to “draw down” jurisdiction over child and family services under C-92 are likely shocked to hear these concerning revelations by the federal government. This is not something the government shared during review of the bill or has included in their information packages online.

    “TRUST US” MANTRA IS NOT ENOUGH

    Were it not for the ongoing legal actions by the First Nations Child and Family Caring Society to hold the federal government to account to comply with CHRT orders, we might not know the gravity of the funding situation. Canada must now answer for this bad faith funding shell game to undermine the basic human rights of First Nations children. The “trust us” mantra is not enough when the issue is the ongoing genocide of First Nations. It is long past time for full transparency and to stop ducking its human rights obligations to First Nations children and families.

    This article was originally published by The Lawyer’s Daily on Feb. 8, 2021, part of LexisNexis Canada Inc. Some edits have been made for style and to include references.

  • Federal Budget 2019: Indigenous Women and Children Left Behind – Again

    Federal Budget 2019: Indigenous Women and Children Left Behind – Again

    As expected, the Assembly of First Nations was first out of the gate offering glowing praise for this Liberal government’s federal budget, followed shortly thereafter by the Metis National Council and Inuit Tapiriit Kanatami – the three male-dominated national Aboriginal organizations. Their organizations have seen substantial increases in funding for their political organizations in recent years. Meanwhile, the Native Women’s Association of Canada – the only political organization representing Indigenous women at the national level – issued its own press release criticizing the government for failing Indigenous women. They accused the federal government of, once again, ignoring the pressing needs of Indigenous women and in so doing, not only hampering reconciliation but breaching their core human rights. NWAC is especially aggrieved about this lack of funding for Indigenous women and families, given the urgent need to address murdered and missing Indigenous women and girls.

    The exclusion of Indigenous women and girls as a priority in this federal budget is a glaring example of the ongoing racism and sexism that is so deeply embedded in Canada’s laws, policies, practices and institutions – the very same racism and sexism the Liberal government claims to be against. When the federal government announced the National Inquiry into Murdered and Missing Indigenous Women and Girls in 2016, former Liberal Minister for the Status of Women, Patty Hadju, spoke of the urgent need to address the longstanding racism and sexism embedded in Canada’s institutions.  Yet, this urgent policy objective is not reflected in any substantive way in federal budget 2019. In fact, there are no funds allocated for a comprehensive plan to address violence against women generally, and no funds for a targeted comprehensive of plan of action to address violence against Indigenous women and girls specifically. Indigenous and women’s organizations have called on Canada to take comprehensive action now to implement recommendations from the United Nations treaty bodies to reduce murdered and missing Indigenous women and girls before the national inquiry’s report is released.

    http://fafia-afai.org/en/press-release-coalition-calls-for-urgent-action-to-stop-violence-against-indigenous-women-and-girls-%EF%BB%BF/

    The National Inquiry’s report is due out in less than a month and there is no budget set aside to implement whatever recommendations come from that report either. The limited funds for commemoration seems not only inadequate, but also premature given that the crisis has not abated. Where is the urgent and sustained help for the many families deeply impacted by the abuse, exploitation, trafficking, disappearances and murders of thousands of Indigenous women and girls?

    A particularly shocking exclusion from the budget is the lack funding for First Nations child and family services to address the crisis of First Nations children in foster care. Former Minister of Indigenous Services, Jane Philpott called the staggering statistics related to First Nation kids in care a “humanitarian crisis” – comparing it to the residential school system. She pledged to work with First Nations to address the critical need for funding to prevent apprehensions and address the root causes of over-representation, which include conditions of poverty. This glaring omission from the budget is confounding given the fact that Parliament had previously committed to targeted funding to accompany Bill C-92 An Act respecting First Nations, Inuit and Metis children, youth and families, which already been introduced in Parliament. Although the federal government promised significant funding to support Bill C-92 – there is no specified funding either in the bill or the budget. Not a single dollar has been allocated to support First Nations develop their own laws and institutions specific to child and family services, hire and train staff, as well as provide the much-needed wrap around social, educational and health services to families in need as advocated in the Spirit Bear Plan.

    https://fncaringsociety.com/sites/default/files/Spirit%20Bear%20Plan%20%28EN%29.pdf

    Dr. Cindy Blackstock, the head of the First Nation Child and Family Caring Society welcomed the additional funding for Jordan’s Principle, however explained that it does not go far enough and many children – like non-status Indian children are still excluded. Jordan’s Principle is a child-first principle which aims to ensure First Nation children can access all public services in a culturally-appropriate way, without any delays or hurdles because they are First Nations. The federal budget pledges $1.2 billion over three years. However, the flat funding does not take into account population growth over the funded years, or the rising cost of inflation. There are also no additional funds to address the thousands of First Nation children who will be newly entitled to Indian status as a result of Bill S-3 An Act to Amend the Indian Act (elimination of sex-based inequities in registration) or from the revised unstated paternity policy in relation to registration. Both of these issues are the result of the federal government losing two court cases (Descheneaux and Gehl) on discrimination against First Nations women and children.

    Yet, despite the legal obligation to provide funding, none has been identified in this budget. This limited funding is not an act of reconciliation. The federal has been dragged to this point – kicking and screaming – by the Canadian Human Rights Tribunal, with no less than five non-compliance orders for failing to end discrimination in funding of First Nation children in care. So, while the extra funding is welcome, it is not a “gift”.

    A particularly disturbing omission is the lack of targeted funding for First Nation women and their descendants who would newly entitled to Indian status under Bill S-3. The bill has been in place for a year and will add thousands to the registration list, yet no new funds have been identified for education, health or housing for individuals or First Nations. This is despite the fact that the United Nations just agreed with Sharon McIvor that the Indian Act still discriminates against the descendants of First Nations women who married-out, and directed Canada to provide full reparation. This means registering them and providing much-needed social programs. Similarly, there is no targeted funding to address the increase in registration due to Lynn Gehl’s successful court case against Canada for it’s discriminatory unstated paternity policy. At every turn, First Nations women and children are forced to wait for justice and are denied their basic human rights and access to the same programs and services available to their fathers, brothers and uncles.

    One of the most under-served categories of First Nations are those living off-reserve. Approximately 33% of First Nations live off-reserve in Canada, and a disproportionate number of families are headed by single Indigenous mothers. Metis and Inuit don’t live on reserves at all – therefore the majority of Indigenous peoples live off-reserve. The amount allocated in the budget is a mere $60 million over 5 years to help fund off-reserve organizations like native friendship centres. That is barely $10 million a year – nowhere near what is needed to address urgent housing, education, and health needs for more than 800,000 Indigenous peoples living off-reserve – let alone the growing homelessness crisis plaguing Indigenous peoples. Niigaan Sinclair reports in the Winnipeg Free Press that the chronic under-funding is made worse by the fact that federal bureaucrats and other consultants and contractors, suck up nearly 50% of all funding appropriated by Parliament for First Nations. With three departments now directly responsible for Indigenous and Northern Affairs, who is to say whether First Nations will see much of this funding at all, let alone Indigenous women and children.

    https://www.winnipegfreepress.com/opinion/columnists/new-dollars-sure-but-same-political-game-507393892.html?fbclid=IwAR3jyFhBNuvatzHwVlW-JLWn28sw4MWAdhaGPfD2_strkkdgeiRGRJ0nQsU

    While there are many other problems with federal budget 2019, the most glaring omission is the exclusion of Indigenous women and children. Back in 2016, the Liberal government promised a gender based analysis for future budgets. Yet, this budget lacks a gender-based, human rights-based and Indigenous rights-based analysis that focuses on not just policy objectives like reconciliation, but concrete domestic and international legal obligations. There is no mention of returning lands and resources back to First Nations, no mention of a financial plan in relation to treaty implementation or how the federal government will ensure Indigenous women’s voices are at the many negotiating tables they fund. This budget is a disgrace and does little to address any of the pressing Indigenous issues impacting Indigenous women and children like kids in care, murdered and missing Indigenous women, over-incarceration, homelessness, unequal access to Indian status, poverty and poor health outcomes. Trudeau makes good use of flowery speeches and tearful apologies to Indigenous peoples,  but has left Indigenous women and children far behind – again.

    Perhaps Prime Minister Trudeau should give some Indigenous women a call and figure out how to amend the budget so it better reflects the law in this country. At least, that’s what a feminist Prime Minister would do.

    APTN Panel discussion on Federal Budget 2019 and what it means for Indigenous Peoples:

    https://tinyurl.com/y689zmyh

  • Canadians are not racist? Indigenous Invisibility versus the Convenience of Racist Indifference – UPDATED

    This week, former Prime Minister Paul Martin, told the media that the failure to address the many overlapping crises faced by Indigenous peoples is not a problem with Canadians – Canadians are not racist. The problem is with Indigenous peoples – we are invisible. Martin further alleges that Canadians are “a generous people” that will “rise to the occasion” to support others in need – if they are aware of the issue.

    http://www.cbc.ca/news/aboriginal/canadians-not-racist-but-aboriginal-issue-invisible-to-many-says-paul-martin-1.3579731

     

    In my opinion, not only do we have a very deep and long-standing race problem in some segments of Canadian society, but this racism has also infected every level, branch and institution of the municipal, provincial, territorial and federal governments. This race problem is not new. It is in fact, one of the primary root causes of the challenges faced by Indigenous peoples today. Canadians are well aware of both the racism issue and the many over-lapping crises in First Nations.

    Racism in Canada is Real

    The racism experienced by Indigenous peoples in Canada is not just a matter of insult or offence. While there are no shortage of racist, hateful comments made about us as individuals, communities and Nations – the racism we face is lethal. It doesn’t just hurt our feelings – it leads to our pre-mature deaths in a large variety of ways. Scalping bounties led to the deaths on thousands of Mi’kmaw people. There was a higher death rate for Indigenous kids in residential schools than for soldiers in WWII. Thousands of Indigenous peoples are murdered or are disappeared. We have higher rates of disease and injury. And deaths while in the custody of hospitals, foster parents and police show how prevalent racism against Indigenous peoples is in Canada.

     http://crsp.journals.yorku.ca/index.php/crsp/article/view/35220/32057

    This isn’t just my opinion. The Royal Commission on the Donald Marshall Prosecution in 1989 found that he was wrongfully prosecuted and failed by everyone in the justice system because he was native. 1996 Royal Commission on Aboriginal Peoples spoke about racism against Indigenous women. The Aboriginal Justice Inquiry in Manitoba in 1999 admitted the justice system fails Indigenous peoples on a “massive scale”. The 2007 Ipperwash report confirmed that racism in the Ontario Provincial Police was widespread. And there have been many other reports which all speak to the deep-seated racism within Canada and its institutions.

    We’ve known for a very long time that stories in the media about Indigenous peoples draws a high number of racist and hateful comments from all segments of society including teachers, professors, authors, professionals and politicians. In November of 2015, the General Manager and Editor in Chief of CBC News Canada issued a statement explaining why CBC will no longer allow comments on stories about Indigenous peoples. The reason for this is that Indigenous-related stories brought out “higher-than-average” comments which were not only hateful but also racist.

    http://www.cbc.ca/newsblogs/community/editorsblog/2015/11/uncivil-dialogue-commenting-and-stories-about-indigenous-people.html

     

    MacLean’s magazine even went so far as to say that Canada’s race problem is far worse than America’s and part of what makes it so bad is that Canadians keep denying they are racist.

    http://www.macleans.ca/news/canada/out-of-sight-out-of-mind-2/

    In case you require something a little more official, the Ontario Human Rights Commission confirms that Canada has “a legacy of racism – particularly towards Aboriginal persons”.

    http://www.ohrc.on.ca/en/racial-discrimination-brochure

    The fact that Canada is so systemically and overtly racist is one of the reasons why Canada has so many laws against racism and hate speech, including federal and provincial human rights acts, the Criminal Code and the Charter of Rights and Freedoms, and is a signatory to numerous international human rights instruments. There would be no need for these protections if there were no issues around racism in Canada.

    Invisibility versus Racist Indifference

    Let’s just address this fiction before it becomes the new Liberal mantra. Neither Indigenous peoples, nor the many over-lapping crises we face are invisible. While 50% of Indigenous people live in remote reserves, about 50% live in or near urban centres. One can’t walk down the street in Winnipeg or Saskatoon without seeing Indigenous people. In terms of the challenges we face, First Nations like Attawapiskat have put our higher rates of suicide, poverty, homelessness in the forefront and is a prime example of Canada’s racist and differential responses to First Nation crises versus Canadian crises (Walkerton, Halifax, Fort McMurray).

    Trudeau’s uneven response to Fort McMurray and Attawapiskat shows tale of two cities

     

    Indigenous activists like Cindy Blackstock have ensured that Canadians are well aware of the over-representation of First Nations kids in foster care. The Canadian Human Rights Tribunal concluded that the reason for the chronic underfunding and disproportionate number of kids in foster care was because they were native. The problem of racism in Canada means that a tribunal actually had to direct Canada to stop its discriminatory treatment of Indigenous kids – and we are all still waiting for Canada to abide by this decision.

    http://www.cbc.ca/news/aboriginal/canada-discriminates-against-children-on-reserves-tribunal-rules-1.3419480

     

    The Native Women’s Association of Canada led the way with public education and advocacy to focus the country’s attention on the thousands of murdered and missing Indigenous women. Even Canada’s own Attorney General and Office of the Correctional Investigator rang the alarm on Canada’s discriminatory treatment of Indigenous peoples which led to under-funded education systems and prisons over-represented with Indigenous peoples. We are far from invisible, but don’t take their words for it – the numbers speak for themselves.

    In 2010, a study by Environics showed that 60% of Canadians are either somewhat or very familiar with Indigenous issues. This is nothing new. In fact, over the last two decades, at least half of Canadians were familiar with Indigenous issues. The majority of Canadians also believe that the challenges faced by Indigenous peoples are the result of the attitudes of non-Indigenous people and government policies. Since 1993, Canadians have ranked addressing the living conditions on reserve as one of the top priorities. There is absolutely no doubt that Canadians and their politicians know about the issues.

    Focus Canada 2010: Public opinion research on the record Serving the public interest

     

    Idle No More, the largest social movement in Canada’s history, brought the issues of social conditions and unresolved treaties and land claims to the front of the media, government and world’s attention and held it there for nearly a year. But Indigenous peoples didn’t just capture the media headlines in 2012. There have been regular flash points over the last few decades that garnered a great deal of media attention including Listuguj, Oka, Gustafsen Lake, Ipperwash, Burnt Church, Elsipogtog, Caledonia and others. There are few in Canada who could claim that Indigenous peoples are invisible. They may not want to acknowledge the lethal results of this kind of racism, but they are aware it exists. After the Truth and Reconciliation Report, few can deny the racist underpinnings of Canada’s genocidal policies against Indigenous peoples.

    So, no, racism is not a figment of our imaginations. The many tombstones from Indigenous peoples killed at the hands of priests, doctors, foster parents, police and bureaucrats prove otherwise. And, no, Indigenous peoples are not invisible. There isn’t a newspaper, news channel or magazine that hasn’t had pictures of dirty water, run down homes, or deceased Indigenous women as their lead story at some point. And finally, no, most Canadians are not unaware of our dire circumstances. It’s the racist segments of society that make a conscious choice to turn a blind eye to our suffering while running to the aid of their non-Indigenous neighbor.

     

    There are many authors, media commentators and people in society who deny the racist views held by the countless individuals and institutions who have stolen, sterilized, experimented on, scalped, beaten, raped, murdered, and dispossessed Indigenous peoples of their identities, cultures, children, lands, resources and independence. In my opinion, denying the racism which instigates the high level of violence and suffering in First Nations, is itself an act of racism. It is far too convenient to be willfully blind or indifferent to the lethal impacts of racism on Indigenous peoples. Apologies are easy, as are empty diversity policies, and promises for a new relationship. The hard work is in making amends for the damage done and which continues to be done to Indigenous peoples by people and governments which still have racist ideologies and intentions.

    Canada was built on the dispossession, oppression and genocide of Indigenous peoples. Addressing racism now means far more than apologies, photo-ops and fancy words – it means the return of our lands and resources, the recognition of our jurisdiction, and the full implementation of our rights. This means land, wealth, and power changes hands – it means an uncomfortable recognition that Canada benefits from our continued oppression. Justice will require some discomfort. If it isn’t uncomfortable, it isn’t justice.

     

    This isn’t a multi-cultural issue or one of diversity – we are not asking for “equality”, we are demanding justice. If we are going to move forward, we can’t hide behind the convenience of the status quo. We have to be brave enough to shine a light on the problem and work together to address is. Indigenous peoples have many allies in Canadian society – not everyone is racist. Unfortunately, many still hold racist views which threaten our lives.

     

    I think we can all do better than pretend the problem of racism against Indigenous peoples doesn’t exist. While the new theme may be reconciliation, reconciliation is not a process in an of itself – it starts first with the truth. If Canada cannot admit it has a racism problem, then we can never take steps to address it. Let’s continue the conversation in an open and honest way. Racism does exist in Canada. UPDATE: These comments that Mr. Martin said upset me. I’ve had to think about why they upset me so much, because it’s not like I haven’t heard them made many times from many different people. I don’t react to the vast majority of these comments. I know these comments originate from people who are in different places and in different contexts. I believe most people are good people at heart. Most of us love our families and communities and we want to see a brighter future for everyone. So, in fairness to Mr. Martin, perhaps in making those comments, he meant to show faith in Canadian citizens that once they know about Indigenous struggles they will act. His recent interviews seem to suggest that since leaving office, he wants to advocate on their behalf. He recently denounced former Prime Minister Chretien’s comments who suggested that First Nations should leave reserves; he has advocated for improved First Nation education and set up a foundation for that purpose; and he consistently called the chronic underfunding of First Nations social programs discriminatory. My blog was less about him – as a person – and more about the comments in general. I also know that we are in the business of social justice to gain support for our cause. I have been advised by lots of people who have heard me speak that I should tone down my words, be careful not to come on too strong, and to focus on encouraging allies and not make enemies. As a Mi’kmaw person, I am honour-bound to live up to the treaty commitments of my ancestors who promised to live in peace with the settlers. My Dad fought in WWII alongside Canadians to ensure our treaty commitments were kept. He did his despite everything that has been done to us. So, I understand the importance of maintaining allies. I have strong opinions and I share them not to hurt anyone, but to advocate as strenuously as possible for our people, because our lives depend on it. I feel a grave sense of urgency to not lose another generation of babies. I don’t want to see our languages die. I don’t want our lands to become so contaminated we can’t use them for our ceremonies. I have to be honest and say the truth as I see it. I’ve been in ceremonies where elders told me I have no choice but to speak the truth – regardless of the backlash. I have to be honest. Sugar-coating the situation only makes it worse. Sometimes the truth is uncomfortable and sometimes its painful – but its from the truth that we can come up with solutions. Reconciliation requires we go through this painful part to finally heal and make amends. It’s 2016 – there is no good reason to hold onto racist ideologies that allow the discrimination, violence, dispossession and oppression of our people to continue. It’s very frustrating to see our kids be forced into foster care, imprisoned, beaten by police, commit suicide or go murdered and missing every day. Every single day while governments ponder their budgets, edit speaking points and delay justice, another Indigenous man, woman or child suffers. what that politicians meet in wood-paneled offices with expensive meals while they talk about measured justice, first steps and plans for the future, our people still die. People I love still die. This is why I speak and write the way I do. To us, the issues are urgent. We can’t ever get our people back once we have lost them. We have to act now. While the easy answer might be to blame a rogue cop, a psycho serial killer or the KKK, the reality is that there are large segments of Canadian society in positions of power that hold extremely racist views about Indigenous peoples. Harper’s last decade of power is a prime example of how rampant racism is and the impacts it has on First Nations. Racism is not an anomaly. Its not an exception. It’s not about one bad apple – its widespread and it’s killing my people. Most of my friends and colleagues that work, study or volunteer in social justice causes hate answering the phone late at night. We know that it means another Indigenous person has committed suicide, died, been arrested or had their children taken from them. We all dread these calls. Because even though the government may have shifted a priority or the media has left, we are always left with the lived realities of not just inter-generational trauma, but modern-day racist laws, policies and decisions which affect our lives. I think this is why I reacted so strongly to Mr. Martin’s comments. Not because I think he is a racist or that all Canadians are racist. Mr. Martin has helped many individual First Nation people access education funds, he has supported them find employment, he has advocated strenuously in recent years for government to step up and act. On a personal level, he was supportive of my work at Ryerson University and even the work of many of us in the Idle No More movement. I think more people in positions of power should stand up and demand justice alongside our grassroots Canadians and Indigenous Nations. I truly believe we cannot have reconciliation until we can be brave enough to hear the dark truth, challenge one another on our opinions and be critical of what isn’t working. This shouldn’t be taken personally, but social conflict is a necessary part of growth, change and improvement. I apologize to anyone who thought I was saying that ALL Canadians are racist. I know that we have many good allies. In fact, Idle No More helped bring us all together. There has never been so much good will and cooperation between non-government organizations and community groups with Indigenous peoples. We have united to work jointly on child-welfare, anti-poverty, housing and homelessness, climate change and the environment, and human rights. The United Nations Human Rights Committee said last year that they never saw such a united force. I would like to believe that our collective efforts at social justice will make the changes we want to see in Canada. I am sorry that this process won’t be easy, it won’t be speedy, and we won’t always feel like we are on the same side. I hope in the end, you understand why it’s necessary.  

     

     

     

  • 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

  • Brave Leadership Spreads Hope: Attawapiskat Takes on the Ultimate Bully

    There have been countless blogs, reports, media stories and commentary on the crisis Attawapiskat First Nation located in northern Ontario on the James Bay. So many of these stories report on the current situation and few provide the historical context from which it all evolved. The purpose of this blog is simply to provide a little context and show how grass roots community members have the power to spread hope to all First Nations by their brave leadership. http://www.attawapiskat.org/ Attawapiskat is a First Nation community of approximately 2000 of its 3335 members live on reserve. This community is part of the larger Cree Nation and the current Chief is Theresa Spence. Attawapiskat is part of the Mushkegowuck Council (a tribal council representing eight Cree communities which is currently headed by Grand Chief Stan Louttit and represents about 10,000 First Nations people. http://www.mushkegowuk.ca/home_adm.html At the regional level, Attawapiskat is represented by the Nishnawbe Aski Nation (formerly known as Grand Council of Treaty 9). It is headed by Grand Chief Stan Beardy and represents over 45,000 First Nations people. This organization is affiliated with the Chiefs in Ontario which is the provincial co-ordinating body for the 134 First Nations in Ontario. http://www.nan.on.ca/article/about-us-3.asp All of the issues surrounding the current situation in Attawapiskat did not turn up over night, nor can Canada or Indian and Northern Affairs Canada (INAC) legitimately claim that they had no idea what was happening in the community. The significant challenges faced by Attawapiskat can be traced back to the diesel spill in 1979 that was never remedied by INAC. (Although INAC purported to change its name to Aboriginal Affairs, the act still says Department of Indian Affairs). In 1979, the largest diesel spill in northern Ontario occurred from underground pipes which leaked under their reserve lands. INAC did not remediate this environmental hazard, but instead, INAC built a school for the community on these contaminated lands. The school itself ended up acting like a cap for the nearly 30,000 gallons of diesel just underneath the surface. The toxic diesel fumes made both teachers and students so ill that the school had to be closed. http://www.nationnews.ca/index.php?option=com_zine&view=article&id=476:attawapiskat-wins In 2000-2001, the band closed the school and also declared a state of emergency in order to get INAC to build a proper school on lands that were not contaminated. INAC refused and left children to attend school in cold, moldy, run-down portables. This is how the world came to know Shannen Koostachin – the brave little girl who would not give up on her dream of a safe, clean school for her community. Her campaign came to be known as Shannen’s Dream. http://www.fncfcs.com/shannensdream/ When NDP MP Charlie Angus was elected in 2004, he too joined the cause and advocated strenuously for Canada to act immediately and address the lack of a school in Attawapiskat. Despite all the efforts, promises made by former Ministers Nault, Scott and Prentice all went unfulfilled. This lead Shannen and her fellow community members to meet with then Minister Chuck Strahl to explain how important a school was for their community. It was this Minister, under the newly empowered dictatorial “Harper Government” (also known as Canada) that finally confirmed that NO new school would be built. http://www.midnorthmonitor.com/ArticleDisplay.aspx?e=3349031 Minister Strahl, being too busy to meet for long with Shannen, he said that he did not have any money for a school. This did not deter Shannen or her supporters. Despite her subsequent tragic passing, grass roots members at Attawapiskat, Cindy Blackstock of the First Nations Child and Family Caring Society (FNCFCS), MP Charlie Angus and others have continued to lobby for a school. http://www.fncfcs.com/sites/default/files/docs/OurDreams-June2011.pdf In May 2011, after much domestic and international pressure and political embarrassment, INAC seemed to reconsider its position and issued its fourth promise to Attawapiskat to build the school. There was a great deal of public celebration over this victory, but it is now 8 months later and construction for the school has not been started. INAC claims it will break ground sometime in 2013, but time will tell. http://wawataynews.ca/archive/all/2011/5/30/attawapiskat-finally-gets-new-school_21503 The school has not been the only issuing plaguing Attawapiskat. In early 2005, the De Beers Mining company decided to dump their sewage sludge into Attawapiskat’s sewage pumping station. As a result, the system was overwhelmed and sewage backed up into community homes. A subsequent engineering report noted that Canada knew about the situation and did not take steps to address the immediate crisis or to remediate the environmental hazard. http://aptn.ca/pages/news/2011/12/13/de-beers-decision-to-dump-sewage-into-attawapiskat-played-role-in-current-housing-crisis/ Because INAC refused to offer emergency aid to this community is crisis, the struggling First Nation was forced to evacuate its residents and pay the bill itself, thus resulting in a major debt. NDP Member of Parliament Charlie Angus explained that the band ran up a debt from flying people out of the community and putting them in hotels. Residents simply could not stay in homes full of raw sewage, and the First Nation was forced into a tough decision given INAC’s refusal to assist them. http://ca.news.yahoo.com/outsiders-flood-month-crisis-ridden-native-community-cries-175723785.html They declared a state of emergency in early 2009 to refocus attention on the nearly ten years without a school. At that time, the Minister of Indian and Northern Affairs Canada (INAC), Chuck Strahl, was shocked by the declaration of the sate of emergency: “…they’ve issued this (state of emergency) and I’m not sure what it means or why it has been done.” The declaration was made not just because of the school, but also because of the water infrastructure needs and the major environmental and health issue associated with the De Beers sewage back-up in their community. http://media.knet.ca/node/6640 Strahl went on to express that there were no health issues, that he was aware of the situation on the ground and that “Every indication is it’s all good”. He went on to guarantee that INAC would ensure that everything would be fine: “I’m not sure what’s going on there, but we’ll work with them to make sure it’s all fine,” said Strahl. An interesting promise given the reaction by Minister Duncan and the “Harper Government” to Attawapiskat’s third declaration of emergency on October 28, 2011. http://digitaljournal.com/article/315974 At first, this declaration received the same amount of attention from INAC as the previous ones – no attention at all. Chief Theresa Spence, MP Charlie Angus and others were in the news nearly every day trying to bring attention to the worsening crisis in Attawapiskat. Now, given all the past disasters with diesel, sewage back-up, evacuations and no school, the community saw some of its members living in sheds and tents, and some houses were so over-crowded that they had up to 20 people living in one house. Yet for three weeks INAC did not act. It was not until the Canadian Red Cross stepped in and provided emergency services to the community that the “Harper Government” was shamed into responding. http://www.theglobeandmail.com/news/national/red-cross-to-aid-attawapiskat-in-housing-crisis/article2251378/ However, the response was not what anyone expected. Instead of empathy or compassion, the “Harper Government” came out swinging and accused the community of “mismanagement” of their federal funding.  Unlike the political reaction to any other community in Canada that has suffered a crisis like flooding or fire, the Conservatives turned their backs and decided to blame the victim for the many crises in their community. http://www.cbc.ca/news/canada/story/2011/12/01/attawapiskat-thursday.html The reaction from Attawapiskat, other First Nations and thousands of Canadians was outrage that the Conservatives would turn a situation of human suffering into a political battle complete with a smear campaign against the community’s leadership for daring to show the world how disgustingly Canada treats its First Nations. The media swooped in and covered all the drama as usual focusing on the simplistic headlines pitting tragedy against alleged corruption – until something happened and people started asking different questions. We had all heard the old right-wing denials of injustice and their racist focus on the alleged corruption of all First Nation leaders, their ‘exhorbitant” salaries being the cause of poverty on reserves and the solutions being – be more Canadian by paying taxes, owning your own fee simple land and mortgaging your house. Yet, few had ever asked the relevant questions of how did we get here, why is there no action being taken to redress human suffering and how do we move forward. The fact that the media quickly shifted to these important questions may well have shaped the response.

    Dec.2, 2011 – APTN InFocus

    Part 1 http://aptn.ca/pages/news/2011/12/05/december-2nd-part-1/

    Part 2

    http://aptn.ca/pages/news/2011/12/05/december-2nd-part-2/

     Dec.3, 2011 – CTV’s Question Period

    http://watch.ctv.ca/news/ctvs-question-period/dec-4/#clip579399 Dec.3, 2011 – Let’s Talk Native with John Kane  http://letstalknativepride.blogspot.com/

    Dec.4, 2011 – CBC Radio’s The Current

    Part 1 http://www.cbc.ca/video/news/audioplayer.html?clipid=2173731301 Part 2

    http://www.cbc.ca/video/news/audioplayer.html?clipid=2173734096

    Dec.8, 2011 – CTV’s Power Play with Don Martin

    http://watch.ctv.ca/news/power-play/dec-8/#clip582291

    Dec.11, 2011 – CPAC’s Goldhawk Live

    http://www.cpac.ca/forms/index.asp?dsp=template&act=view3&pagetype=vod&hl=e&clipID=6364

     Dec.15, 2011 – CTV’s Canada AM

    http://www.ctv.ca/CTVNews/CanadaAM/20111215/attawapiskat-housing-crisis-abuse-111215/

    I think however, that the biggest issue is the level to which the grass roots people in Attawapiskat said enough is enough and started to advocate on their own behalf is what made the difference. Our people have been suffering for so long and have been controlled and beaten down by ongoing colonial laws and policies that resistance has been difficult. How can one stand up for themselves if they have no home, food or water and the risk to standing up could mean retaliation from INAC or Harper?

    The children of Attawapiskat, led by Shannen Koostachin showed the world that the well-being of our people are worth the risks. They showed the true spirit of our Indigenous peoples and made their ancestors proud when the stood up for their people. They have inspired a generation that has learned what colonization is and are working hard at decolonizing themselves and their communities and strengthening the grass roots resistance to federal control and forced poverty. So too did Chief Theresa Spence who risked everything to continually highlight the injustices in her community. In most political realms, the squeaky wheel often gets the grease – but in a “Harper Government” which is all about control and domination – the squeaky wheel is more likely to be removed and replaced or thrown out. Judging Harper’s actions in Attawapiskat, it is obvious that they were punished for their advocacy efforts and vilified in Parliament and the media until a wiser Canadian public wanted to know more. The sustained efforts of Chief Theresa Spence and her councillors, the leaders before them, their community members and youth, have been nothing short of heroic. They stood in the face of criticism, unfounded allegations of mismanagement and the most racist and heartless political response ever to a crisis in Canada and stood firm on justice for their community. Canada’s response to impose further colonial controls on the community through a third party manager at $1300 a day to be paid from the band’s overwhelmed budget is yet another attack on the community in an effort to subdue them. While Canada has been critiqued, so has the Assembly of First Nations for their lack of advocacy for the most impoverished communities in Canada. Where was Shawn Atleo when Chief Spence was declaring her THIRD state of emergency? Why was he not screaming from the steps of Parliament to raise awareness and demand action? Atleo’s political strategy of “playing nice with the Conservatives” has only brought woe upon those First Nations who are most in need. He has set the stage for non-resistance which does not bode well with most First Nations. http://www.timescolonist.com/life/Harper+heading+trouble+native+issues/5876694/story.html But we all have hope and have been inspired by the efforts of Attawapiskat to refuse to give up – to refuse to believe that they are not entitled to justice and basic human rights. Strong grass roots youth like Shannen Koostachin and strong Indigenous women leaders like Chief Theresa Spence have shown the world that resistance is now at the heart of our identities as Indigenous peoples and that we – the grass roots – have the power to change our future. We do not have to wait for elected leaders to act on our behalf. True leaders step in when there is a void and take real steps to address it. Attawapiskat has done more to raise awareness about our issues than many leaders who are paid to do just that. But they took a risk in acting. There will always be risks associated with decolonizing and resisting federal control over our Nations. We could have our leaders discredited or removed, we could lose valuable funding or be publically vilified by Harper’s thugs. There are even risks associated with the inevitable change that comes with something other than the “status quo”. But these risks are worth taking on behalf of our communities who expect and deserve so much more than what they survive now – lack of housing, water, sewer, food, education, employment and for some, a lack of identity, culture, language, history, context and pride. This is not to say there are no good leaders – there are many and I have the privilege of working with some of them who also believe that things need to change. My main point is that the most vulnerable in our communities – Indigenous women and children – are also a source of strength and leadership for our people. Our grass roots Indigenous people know a better life is possible – one that honours the sacrifices of our ancestors and protects our culture, identity, land and resources for our future generations. Let Attawapiskat be an example of hope – one that proves that brave leaders, who are prepared to take risks can come from anyone, at anytime, under any conditions. Our people will rally around these kinds of leaders and collectively we have the power to change our futures and take back control over our Nations.