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Pam Palmater

Tag: Conservative Government

  • Bill C-51 The Anti-First Nation, Environmentalist, Scientist and Bird-Watcher Act

    Bill C-51 The Anti-First Nation, Environmentalist, Scientist and Bird-Watcher Act

     

    Prime Minister Harper’s Conservative government has introduced Bill C-51 The Anti-Terrorism Act, 2015 which it claims is needed to protect Canadians from terrorism. Experts and commentators have called the bill, which will create a secret police force for Harper: terrifying, illegal, unconstitutional, dictatorial and totalitarianism. In case you don’t know what totalitarianism means, it’s a term usually reserved for fascist (extremist or dictatorial) leaders that lead a centralist government that does not tolerate differences of opinion and tries to exercise dictatorial control over many aspects of public and private life – including thought. Voila: Bill C-51.

     

    The media reports that the Liberals and NDP have all but acquiesced to the bill and will only offer mild resistance in the form of suggested amendments. They may even call for some oversight, but will not challenge the massive violations of Canadian rights, liberties and freedoms which are enshrined in the Canadian Charter of Rights and Freedoms and constitutionally protected. And this is how it happens. Dictators throughout history have only been able to do what they did to their citizenry because they were permitted to do so. No single man has the power to destroy a country governed by the people for the people – unless the powerful people around the dictator allow it to happen.

    In a world where Canada used to pit environmentalists, scientists, doctors, teachers, and even bird-watchers against First Nations who peacefully defended their lands, Idle No More helped bring us together. As treaty and territorial allies, First Nations and Canadians face a formidable foe and threat to our collective futures. Idle No More raised awareness about the break down in democracy in general and human and Aboriginal rights specifically. Hundreds of thousands of people across Canada rose up against Bill C-45 – the large, unconstitutional omnibus bill pushed through Parliament without debate which threatened our lakes and rivers. This time, the threat is personal – any one of us could go to jail for thinking or voicing our opinions.

     

     

    I originally hesitated to include this chart in my blog, but I think we all need a reminder of the freedoms upon which Canadian democracy rests – for without them, Canada descends into the lethal, dark hole of a deadly, dictatorial police-state.

    CHARTER

    RIGHTS, FREEDOMS or LIBERTIES PROTECTED

    2(a)

    Freedom of conscience and religion

     

    2(b)

    Freedom of thought, belief, opinion, expression

     

    2(c)

    Freedom of peaceful assembly

     

    2(d)

    Freedom of association

     

    6

    Right to enter, remain in and leave Canada

     

    7

    Right to life, liberty and security of the person

     

    8

    Right to be secure against unreasonable search or seizure

     

    9

    Right not to be arbitrarily detained or imprisoned

     

    11(b)

    Everyone charged with an offence: right to be tried in a reasonable time

     

    11(d)

    Everyone charged with an offence: innocent until proven guilty

     

    15

    Everyone is equal before and under the law

     

    25

    Charter can never be interpreted to deny Aboriginal & treaty rights

     

     http://laws-lois.justice.gc.ca/eng/const/page-15.html

    All of these rights, freedoms and liberties will be suspended with Bill C-51. This bill creates what has been described as Harper’s “Secret Police force” with terrifying expanded powers. The purpose of the bill is to eliminate any “threat to security of Canada” which includes any activity that undermines the sovereignty, security or territorial integrity of Canada. It also includes some of the following:

    –          interference with the administration of justice;

    –          interference with diplomatic relations; –          the economic or financial stability of Canada; –          terrorism; and –          interference with critical infrastructure. .

    http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=6932136

      

    The specific powers granted under the bill greatly expand the powers of CSIS (Canadian Security Intelligence Service) from an organization that collects and analyzes information related to security – to one which can take law enforcement action. They are further empowered to take measures against anything they deem to constitute a threat to Canada – inside or outside of the country. Additional anti-terrorism powers under the bill include:

    –          Materials deemed to be terrorist propaganda can be seized or removed from a website; –          Standards of investigation and arrest will be lowered from proof to suspicion; –          Police may arrest someone if they merely “think” that a terrorist act “may” be carried out; and –          Deny air transportation to anyone who they “suspect” may be engaging in terrorist activity.

    According to security law experts like Craig Forcese and Kent Roach, this new offence of “advocating or promoting terrorism” is not at all clear and Canadians should be extremely concerned about its conflict with the Charter of Rights and Freedoms. One of their concerns is that it gives the police “substantial and unusually invasive powers” to be exercised under their own discretion. A significant change from offences against the promotion of hatred, is the fact that anti-terrorism applies to statements made in private and implies extensive wire-tapping. They fear this bill will result in “speech chill” – the fear to exercise our right to free speech.

    http://www.antiterrorlaw.ca./

     

    For First Nations, this completes the circle of criminalizing every aspect of who we are as Mi’kmaw, Maliseet, Mohawk and Cree Nations. When they made it against the law to be a Mi’kmaw person, our population was reduced by 80% for the scalping bounties placed on our heads. When speaking our languages and practicing our culture was considered anti-Canadian, they enacted laws to outlaw our ceremonies and killed upwards of 50% of our children they forced into residential schools. When we refused to die off, they forcibly sterilized our Indigenous women and girls without their knowledge and consent to reduce our populations. Standing by and watching our Indigenous women and girls go murdered and missing was a gross violation of our right to life by the RCMP, provincial police and Canadian governments.

      

    When we survived, Canada made our traditional way of life a criminal act – hunting, fishing, trapping and gathering became criminal or regulatory offences which landed us in jail, resulted in beatings by the RCMP and/or our gear, vehicles and boats were seized. The defense and protection of what little lands we have left resulted in Canada bringing out the RCMP and army to stop our people. When we drummed and danced in Idle No More, we became the targets of illegal monitoring, publicly vilified and categorized as radicals, militants and terrorists. Now, our very voices, our private discussions and even the defense of our sovereignty is now an act of “terrorism”.

     

     

    We warned Canadians, that what happens to First Nations under Harper’s dictatorial regime is just a sign of things to come for Canadians. To Canadians who value their freedoms, the beauty and bounty of our shared lands and waters, and the peaceful right to live the good life as you see fit – everything is about to change. Canadians will, for the first time, be treated like First Nations people – without the protection of their basic rights, freedoms and liberties. Even someone who re-Tweets or reposts a comment made by someone else on Facebook could potentially be captured under this sweeping legislation. Our ideas themselves will now be criminalized. Our private lives and opinions will be invaded, monitored and criminalized. For Canadians, this is a frightening new turn of events that may well override our basic human rights, liberties and freedoms – an end to Canada as a democracy as you’ve known it.

    Our decades long experiences with murdered and missing Indigenous women and girls, Starlight tours and the deaths of our Indigenous men while in police custody, the wrongful shootings of our unarmed peaceful protestors, the over-imprisonment of our Indigenous men and women, and the palpable fear many of us have of law enforcement will be part of the Canadian reality unless we stop this Bill now. We are allies in this territory. First Nations fought alongside Canadians in many wars to protect these lands. We lived up to our treaty obligations to protect you and be your allies. Now it’s time for Canadians to stand up and restore this treaty and allied relationship – and protect our collective rights.

    Canada has violated First Nations’ constitutionally protected Aboriginal and treaty rights and basic human rights for decades. If we do not stand together now, this is what Canadians have to look forward to for their children. Please act to stop Bill C-51 now – before it becomes an act of terrorism to even speak about.

     

     

    #stopBillC51 #rise #standup #idlenomore #INM #mmiw #foodfor7gens

     

     

     

    *pictures linked from Google Images – copyright rests with individual sites.

  • Myth of the Crooked Indians: C-27 First Nations Financial Transparency Act

    Can you think of any Prime Minister, President or World Leader that would withhold food, water, or health care as a bullying tactic to force its citizens into compliance with a new government law, policy or scheme? Can you ever imagine this happening in Canada? I don’t think most of us could. Yet, this is exactly what is happening with Harper’s implementation of the illegal C-27. Minister Valcourt has threatened to cut off funds for food, water and health care if First Nations do not get in line and abide by this new legislation – despite the fact that it was imposed without legal consultation and is now being legally challenged. How many First Nations children will have to die for Harper to sit down and work this out with First Nations? Bill C-27 (formerly C-575) First Nation Financial Transparency Act (FNFTA) is the classic deflection tactic by Harper’s Conservatives to distract Canadians from the extreme poverty in many First Nations and Canada’s role in maintaining those conditions. The solution to chronic underfunding of essential human services like water, food, and housing lay not in more legislation, but in addressing the problem: the underfunding. Presenting accountability legislation as the solution implies that First Nations are the cause of their own poverty – a racist stereotype Harper’s Cons use quite frequently to divide community members from their leaders and Canadians from First Nations.

    This racist stereotype is recycled again and again when Harper is pressed to account for the fourth world conditions in some First Nations. The response always seem to be: “Well, we gave them x million dollars, where did all the money go”? What Harper never tells Canadians is that in giving First Nations x million dollars, that he has given them half of what is needed to provide the specific program or service. Without all the facts, this propaganda serves to distance Canadians from First Nations.

    In the last couple of years, Harper has been hit hard in the media about Canada’s persistent failure to address the basic needs of First Nations. The following high-profile poverty-related crises in First Nations meant that Harper needed some instant damage control and distraction – which he got with C-27:

    – Cindy Blackstock’s discrimination case for inequitable child and family service funding to First    Nations kids in care;

     – Numerous housing, water and suicide crises and states of emergency in individual First Nations; – Auditor General’s numerous findings related to inequitable funding in housing, water and education; – RCMP’s report about over-representation of murdered and missing Indigenous women; and – United Nation’s finding that Canada’s human rights violations leads to “abysmal” poverty in First Nations despite Canada’s enormous wealth;

    The Cons also use third parties, like the Canadian Taxpayers Federation, to advance their racist propaganda and deflect from the real issues. How many times have we heard the phrase “millionaire chiefs” or “exhorbitant salaries”? Yet there has never been a millionaire Chief in the history of Indian Act Chiefs. Canada has failed to show where any Chief ever received a million dollar salary from federal funding.

    But let’s pretend all 633 Chiefs in Canada got million dollar salaries (which they do not). That would mean $633 million dollars a year in salary to Chiefs. The annual budget for First Nation programs and services is approximately $10 billion.  It would be pretty hard to argue that 6% of the budget going to give all Chiefs a million dollar salary would be the actual cause of First Nation poverty.

    We simply can’t have this conversation around accountability without the facts. The facts are this: the average Canadian salary is $46,000/year. The average elected First Nation leaders’ salary is $36,000/year. Yet, there are numerous municipal librarians making $100,000 a year to manage books, while First Nation leaders must manage human lives.

    http://www.afn.ca/uploads/files/accountability/5_-_the_straight_goods_on_first_nation_salaries.pdf

    But why are we even talking about salaries when we should be talking about funding First Nation food, water and housing? That’s because of C-27 FNFTA and all the media hype around an alleged lack of transparency in First Nations. There are critical problems with this legislation which make it both unconstitutional and illegal: (1) it was done without legal consultation, accommodation and consent of First Nations and (2) it’s a direct interference with inherent First Nation jurisdiction;  and (3) it violates their internationally-protected First Nation right to be self-determining.

     http://laws-lois.justice.gc.ca/PDF/F-11.66.pdf

    FNFTA states that its purpose is to “enhance the financial accountability and transparency of First Nations” – which presumes, of course, that this is lacking. The Act itself provides that:

    – financial statements must be audited yearly;

    – it must include a schedule of salaries and expenses of Chiefs and Councillors;

    – Canada can publish the information on the Internet; and

    – Copies of the audits must be provided by First Nations to their band members.

    These may seem like harmless provisions, except when you realize that First Nations already have to submit audited financial statements every year, or their funding can be cut off. First Nations band members have always had the right to obtain copies of their First Nation audits – either directly from the First Nation or from Indian Affairs.

    What’s not obvious in this Act or its associated rhetoric, is that First Nations are the most accountable governments on the entire planet! The Auditor General has made very disturbing findings about the level to which First Nations must report on their federal funding – a “burdensome” 60,000 reports a year! That’s over 95+ reports per First Nation every year or one report every 3 days. The Auditor General even found that many of these reports are not even read by federal bureaucrats. So what’s the problem?

    http://www.oag-bvg.gc.ca/internet/English/parl_oag_201106_04_e_35372.html#hd5j

    Enacting FNFTA seems more like an exercise in smearing First Nation leaders, than addressing any real glaring omission in accountability. And, with the Harper government, there is always a hidden gem. While he is turning community members against their leaders and distracting Canadians from the real issue of underfunding, here is what Harper is REALLY doing in this Act:

    – reporting of any salary, income or expenses of Chiefs and Councillors made in the PERSONAL capacity;

    – First Nations must make their audits accessible to the PUBLIC on the Internet for at least 10 years;

    – refusal by a First Nation to comply with any of these provisions means Canada can CUT FUNDING.

    So let’s look at each of these provisions more closely.

    Personal Income:

    Imagine if any political leaders in Canada had to report their personal wealth in addition to the salary of their public office. Prime Minister Harper is the 6th highest paid political leader in the world with a salary of approximately $300k/year. Harper not only makes 7 times what the average Canadian makes, but makes far more than other world leaders with much larger populations and economies.

    https://ca.news.yahoo.com/blogs/canada-politics/stephen-harper-6th-highest-paid-world-leader-study-134621685.html

    But let’s forget about his salary for a minute. What is Prime Ministers and federal politicians had to publicly disclose their PERSONAL wealth? Then we are no longer talking about over-paid Prime Ministers, we are talking about million dollar Prime Ministers. Stephen Harper’s personal wealth has been estimated at $5M. Former Prime Minister Paul Martin is in the hundreds of millions. Why the double standard?  Why did so many federal MPs refuse to disclose their own expenses? I agree there is an issue of accountability in Canada, but it’s with the federal government, and not First Nations.

    Public Access:

    The other issue is about accountability and to whom? This act makes First Nations accountable to the Minister first, the Canadian public second, and lastly to their band members. This Act does nothing to improve accountability of leaders generally to their membership. In fact, band members will not get any information that they were not entitled to previously. What is new is that the Canadian public has a NEW right to access that information. One has to wonder why that is the case. Canadians don’t participate in First Nation governments, they don’t vote for the leaders, and they certainly don’t pay for their programs and services – despite that persistent myth.

    There is no reason for Canadians to have access to this information – especially any information related to First Nation PERSONAL financial information. Some lawyers have even argued that this Act creates not only a double and higher standard on First Nations than on Canadian politicians; but also violates their legal privacy rights. There is simply no need for this piece of the legislation.

    Cutting Funding:

    Here is the real issue. Harper’s bully government has been meticulous in designing heavy-handed, paternalistic legislation with extreme-force compliance mechanisms built in and FNFTA is no exception. If First Nation do not or cannot comply, they can have all of their funding cut. We are not talking about funding for Ottawa-type expenditures like summer tulips, Canada Day fireworks, or international trips – we are talking essential human services like food, water, heat and housing. As temperatures reach -40 degrees in the north right now, this could be disastrous.

    http://www.cbc.ca/news/politics/first-nations-to-resist-complying-with-financial-transparency-act-1.2849517?cmp=rss

    Many Idle No More grassroots citizens, Indigenous lawyers, academics, activists and leaders have come out against this legislation – not because any of us are against the general principle of open, accountable and transparent governments, but because Canada has no right to interfere in the governance of our Nations for any reason. We have never surrendered our sovereignty or right to govern ourselves. In 1997, Canada even recognized as a matter of policy, that our right to be self-governing is constitutionally protected.

    I know there have been some bad individual leaders during our time.  I know that some individual communities struggle with internal leadership issues. But that’s not all our communities.

    I also know that we have all suffered many generations of colonization, inter-generational trauma from residential schools, and the impossible choices forced upon our leaders in managing extreme poverty.

    We have so many problems because of the systemic racism, assimilatory government policies, chronic underfunding, failure to implement our treaty and Aboriginal rights; lack of access and control over our lands and resources; and federally-imposed laws which tell us how to govern.

    One bad leader does not justify calling in the colonizer to further control our communities. Our Nations thrived here since time immemorial and our Nations will continue for many more millennia. We can survive and heal from colonization, just as we can get past any one bad leader. We simply can’t let Harper’s racist propaganda divide us. He wants community members to invite him in to control their communities – but once he’s in, it will be difficult, if not impossible, to get him back out.

    Say no to FNFTA and stand with those First Nations who are resisting its illegal imposition on our communities.

    http://indigenousnationhood.blogspot.ca/2010/10/bill-c-575-first-nations-financial.html

    #rise   #idlenomore   #warriorup   #sovereignty   #No2FNFTA

  • The Emperor’s New Clothes: First Nation CONTROL of First Nation Education Act?

    Today Prime Minister Stephen Harper, Minister of Aboriginal Affairs and Northern Development Canada (AANDC) Bernard Valcourt and National Chief of the Assembly of First Nations (AFN) Shawn Atleo announced “re-tooled” education legislation. It should be pointed out that despite all the hype leading up to this announcement, there is no actual legislation to scrutinize. So, what did First Nations get from this announcement?

    http://www.pm.gc.ca/eng/news/2014/02/07/first-nations-control-first-nations-education-act

    The Prime Minister explained that this legislation is an agreement between Shawn Atleo of the AFN and Harper’s government. For Harper, this is about filling the labour shortage with Canada’s fastest growing population – First Nations – not about addressing socio-economic conditions imposed on First Nations through Canada’s archaic funding formulas which purposefully and chronically under-fund First Nations in comparison to provincial residents.

    http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

    He also referenced the many employers who sat in the audience ready to hire and train high school students. We all know from past announcements this means hiring First Nations to be the pick and shovel labourers for mining companies and other extractive industries. This is about creating a new kind of dependence for First Nations – dependence on labour jobs from extractive industries to undermine attempts by their leaders to defend their territories and the resources on them.

    Minister Valcourt also stated that they are looking at this legislation through an “economic lens” and not a treaty or inherent right lens. Therefore, the inherent right to be self-determining and exercise our own jurisdiction over education does not play into this legislation. He reconfirmed that Atleo was instrumental in the agreement which will ensure “stable and predictable oversight” by the federal government. He further noted that this legislation is about “Canada”. The Conservative government is not hiding their intentions here: it is assimilation into the body politic as they have stated over and over again.

    During the brief question period, Harper confirmed that the legislation was about the deal he struck with Atleo – uniform standards, curriculum and accountability. Atleo didn’t really say much of anything to add to the announcement. It looked more like a political endorsement of the Harper Government for their 2015 election than anything else. One lone woman stood up and stated that AFN and Harper did not consult with all First Nations and that she stood as a Treaty 6 person in objection to the legislation. The protestors on the ground were not permitted inside, so we could not hear their voices.

    Here’s a quick look at today’s “promises”:

    (1) There will be legislation, with a new name, but not shared today;

    (2) The regulations will be drafted later;

    (3) The focus of the legislation will be on provincial training, provincial rules, provincial certification, provincial curriculum and provincial standards (emphasis on provincial);

    (4) The legislation will impose “transparency and accountability” on First Nations as opposed to give First Nations any real control;

    (5) There will be funding, but not until 2015 and/or 2016 (after Harper’s term);

    (6) The funding will not be based on need or in line with the treaty right to education. Instead, an “elevator” (a.k.a. “cap”) will be placed at 4.5%; and

    (7) There is nothing to address the funding crisis in First Nation post-secondary education.

    It should be noted that nowhere in the announcement was there any description of whether this funding was “new funding” in addition to the current core funding; whether it is re-purposed monies from education or other programs that have been cut; or how this funding will be accessed by “non-willing partners” – i.e., those First Nations who reject the legislation.

    This appears to be more about deflecting the nasty publicity around the increasing litigation and human rights claims being brought by First Nations in relation to discriminatory funding in areas like education, housing and child and family services. The future funding promised after Harper’s term could evaporate as easily as the Kelowna Accord did when the Liberal term ended. A promise about future money, doesn’t educate First Nations kids now.

    None of it is really new. This announcement is just re-packaging of old promises that have taken years to come to fruition:

    (1) Election platform – promised adult education and skills training (note announcement yesterday on skills);

    (2) AFN-Harper Joint Action Plan – promised national panel on education

    (3) Crown-First Nation Gathering – promised national panel

    Then came the national panel to which AFN agreed, despite the objections of about half the First Nations in Canada. Saskatchewan, Ontario and Quebec pulled out of the national panel process and submitted their own reports in an unprecedented protest against AFN’s unilateral actions.

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

    This was followed by numerous AFN resolutions from the Chiefs in Assembly telling Atleo NOT to talk education legislation with Harper. And most will not forget Idle No More’s rallying cry against the suite of legislation intended to be imposed on First Nations. AFN heard them and proceeded anyway. Atleo said he “respected their views” and proceeded anyway. This led to a large number of First Nations wanting to pull out of the AFN and set up their Treaty Alliance to protect their treaties. All this and Atleo still forges this deal with Harper.

    The promise of future funding is being used as a carrot to gain support for legislation that has not even been shared with First Nations yet. They are hoping that we are desperate enough to support this plan before we can see the army inside the Trojan Horse.

    This is really about tricking First Nations into voluntarily turning their treaty right to fully-funded education into a program privilege that is subject to federal legislation, control and budgets. Even without treaties, First Nations have internationally protected rights to be self-determining, they have specific jurisdiction over their own education and a right to funded education.

    This proposed legislation is meant to strike down any attempts at litigation against discriminatory funding – which they likely wish they could do with Cindy Blackstock’s case against discriminatory funding in Child and Family Services.

    This is just another delay tactic. While we sit in meetings, the natural resources are removed from our territories. While we negotiate announcements, Justice Canada drafts the details of our surrender.

    Had the Emperor actually looked at what his tailor had sewn for him, he’d have realized that he wasn’t wearing any clothes, despite the fact that people he trusted told him how wonderful he looked.

    It’s always our choice. We can choose to say no. Canada does not need legislation to properly fund education. Remember what was promised today: nothing. But we stand to lose a great deal in supporting this legislation. Recognize First Nation jurisdiction over education. Implement the treaty right to education. Properly fund First Nation education. Say no to FNCFNEA.

  • 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.

  • First Nations Too Generous Funding Canadian State

    Unbelievable! I am not sure how I can be both shocked and not, every time I see an irresponsible poll or article like the one below: http://www.vancouversun.com/business/Government+generous+with+aboriginals+Canadians+tell+pollster/6867983/story.html I guess maybe some would say I am too hopeful? That despite all the racism, hatred and lack of compassion shown for our people, that this will change. But I am. I am hopeful because our people are strong, proud and have the power to stand up to this bullying. Canadians can follow the lead of First Nations in resisting and defeating this dictatorial bully government. I KNOW that there are Canadians out there who see what is happening for what it really is: after-the-fact justification for the theft of First Nation lands and resources. Most Canadians know that the right-wing propaganda is just that. What concerns me are all those new Canadians and young Canadians who can and will be influenced by the media’s irresponsible hate messaging. Take this article for example – the statements in the poll would lead respondents into a certain mind frame. The poll options seem to relate to the money spent on First Nation peoples by government. Just think about the messaging. The statements  assume that there is money which “belongs” to Canadians that is then “given” to First Nations. Right off the bat, most people who hate paying taxes will latch onto any excuse to justify why they should not pay taxes. If pollsters can find a scapegoat, like First Nations, then they could easily latch onto that as their outlet for tax-frustration with their own government. More than that, thinking about the theme of the questions puts Canadians into the wrong mindset – it provides them with faulty facts – that Canada uses taxpayers money to fund First Nations. The fact is: First Nation lands and resources fund the Canadian, provincial and municipal governments in this country – NOT the other way around. The reason why Canadians have such a high standard of living compared to the rest of the world is because Canada uses our lands and resources to fund them. Although Canadian governments tax their citizens, these taxes come from land use, businesses and jobs all created off the wealth of this country – which belongs to First Nations. This kind of corrupted messaging –  that we are somehow living off of Canadian taxpayer-funded welfare – has led to the current state of hatred, racism and lack of compassion for our peoples. This government propaganda forces a wedge between First Nations and Canadians and ensures that there is little public support for addressing the current crisis of poverty in many First Nations. This Harper government, together with its ultra-fanatical right-wing supporters portray First Nations as “soviets”, “communists”, “lazy”, “primitives” and describe our communities as “cesspools”. This tactic is ancient – it tries to link biology to an imagined concept of race and make us appear less than human. Why? So that land theft can be justified. So that government has an excuse to not have to spend any of our own money to address the lethal poverty in our communities. If government can convince Canadians that we are poor because we choose to be, or we commit suicide because we can’t cope with the “modern world” then this lets people feel off the hook. That is why lack of water, food and housing in other countries is considered a crisis in need of UN intervention and millions in Canadian funds to help, but in Canada it is the fault of First Nations – so no assistance. I just published an article called “Stretched Beyond Human Limits: Death by Poverty in First Nations” in the Canadian Review of Social Policy. This journal is a special edition focusing on poverty issues, and because First Nation poverty is so acute in Canada, they have agreed to allow free access to my article so as to raise awareness about the causes, the effects and what can be done to address it. http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 I have been researching the issue of poverty in First Nations for several years now and am part through writing a book on the topic. This article is like a brief overview of the issues that will be covered in this book. The main premise of this article is: “There is evidence showing that there is a direct link between discriminatory federal laws and policies, and the crisis of poverty and preventable deaths in First Nations. Canada controls tyhe lives of First Nations, provides them with inequitable funding that results in conditions of extreme poverty, which the research has shown leads to their premature deaths.” While past governments have tried to various degrees to address the issue, this Harper government has specifically decided to ignore the problem and have even instituted more funding cuts. Now, the news paper article alleges that billions are given to First Nations with no improvements. What Canadians don’t realize is that almost half of that funding goes to support employees of Indian and Northern Affairs Canada (INAC) many of whom get raises every year, have six figure salaries, paid vacations, trips overseas, go on paid language training for years at a time, get sick days, health coverage and retirement pensions. This giant INAC bureaucracy is well-paid and never has to worry about enough water, food or safe housing. What if that funding went to First Nations to provide their own programs and services? What if INAC employees had to account to US for whether they are working hard enough for our people? What if no results meant that INACers lost their jobs and funding? I am a strong believer in accountability – but it is INAC that is living high on the hog while our people suffer – not us. There are good people that work in government, many have chosen to work there to try to make things better. But they are not the decision-makers – the Harper government’s dictatorial approach to running this country means that Harper calls all the shots. Therefore we need to stand up and demand better. Irresponsible polls like this one do not help advance the issues – nor does it do anything to help us come up with solutions. How could anyone responding to this poll be able to make an informed judgement about whether Canada gives First Nations too much money if they don’t know how much money we get, how that compares to what provinces and municipalities get, and what the money is used for? I could say the exact same thing about Canada – we keep giving the province of Manitoba millions in tax-payer funds but they still have a growing problem with homelessness. Maybe we should cut off Manitoba’s transfer payments? What kind of policy logic is that?? Governments are transferred money from tax revenues to pay for essential social services like health, education and water – this is exactly what happens in First Nations except we are chronically under-funded in comparison. Why are provincial residents entitled to clean water and First Nations are not? We need to start having fact-based discussions around what the issues are and how to address them. Rhetoric and personal opinions do little other than perpetuate misinformation and hatred. Let’s have a real discussion and start treating First Nations like human beings – instead of constantly blaming them for being impacted by federal control. Canada can’t have it both ways – they can’t control every aspect of our communities, chronically underfund them and then deny responsibility for the extreme poverty and pre-mature deaths that result. It’s time for an economic action plan that includes everyone.

  • Sun Media or Hate Media – Racism for Sale

    I am caught right now between heeding or ignoring the usual advice about fanatics and their rantings. Most people figure it is better to ignore the hateful, ignorant ravings of people who spread nasty hate messages against other groups of people like Indigenous peoples or people from other cultures. I used to think that was good advice, because who wants to give those unstable few a bigger platform for their disturbed ideas. But then it hit me that this advice usually comes from the majority population, who, for the most part, are not the ones directly impacted by the end result of hate propaganda. It also hit me that in this age of social media and kids using the internet at younger and younger ages, that these very public media outlets have the ability to influence and brainwash our youth. Thus, even though there are far too many fanatical groups, commentators and media outlets to monitor (nor would I want to), there are some articles that require a response. Sun Media, which should rename itself Hate Media recently published a racist article related to the upcoming Assembly of First Nations election. While the Toronto Sun may or may not have written the article itself, it made the decision to publish it. Hate crimes are punishable in Canada – but at the very least they should not be able to profit from their hatred. http://www.torontosun.com/2012/06/25/compromise-is-chief-priority “Compromise… is the route Shawn Atleo has been following” The article appears to support Shawn Atleo as the “compromising” candidate and thus the one who should be elected. This group is supported by Senator Patrick Brazeau who openly endorsed Shawn Atleo as the only candidate that the Harper Conservatives could work with. My issue is not whether or not the right wing contingency in Canada supports Shawn Atleo, my issue is with how they talk about our people and the hatred they invite into our communities by virtue of their propaganda, racism and misinformation. “Despite billions in taxpayer welfare…” Every aspect of the way this article is written is meant to promote hatred against First Nations people. It is the tone, the implication, the words and even the facts that are left out that can influence and encourage non-First Nation people to see us in a stereotypical light and treat us with both disdain and lack of compassion. How does this happen? Since contact, the colonizing governments have tried to portray us as less than human. This allowed them to justify in law both the theft of our lands and the control of our people – as if we were incapable of managing our own affairs. This could not be farther from the truth of course, as we have literally tens of thousands of years of having lived quite well with our own complex governments, laws and justice systems. We also had extensive and profitable trade networks, strong militaries and political skills in alliances and treaty making. We had our own cultures, traditions, languages, practices and beliefs to fill our spirits, teach us how to live up to our responsibilities and to keep us connected to the land, sky, water, people and animals. The ways of our diverse peoples were and are beautiful. Our ways and our peoples were attacked by those colonizing governments in very direct violent ways (scalping laws, forced sterilizations, military assaults, abuse and murder of our children in residential schools) and we were attacked in less direct but harmful ways (Indian Act, Indian agents, federal and provincial laws outlawing our subsistence activities, ignoring treaties etc). Many people are of the understanding that all of this is history – but the ongoing colonization of our people continues – they just use different names for it. Today we have theft of children by provincial agencies, the over-representation of our people in jails, murdered and missing First Nation women, and the pre-mature deaths of our people through chronic and severe under-funding of essential programs and services. http://pi.library.yorku.ca/ojs/index.php/crsp/article/view/35220 “It [Harper] makes a historic apology… and can’t win for losing” Take for example, the Toronto Sun article claims the apology was historic. Yet, the Prime Minister forgot the other half of the apology. Every child knows that you can’t apologize without also making amends for your offense. The Prime Minister apologized for the  assimilatory foundations upon which residential schools policies were based yet, promptly after the apology funding was cut for Indigenous languages. Our children are still stolen by from our communities by child welfare agencies at rates HIGHER than during the residential school era. What has changed in terms of what the majority of our children learn in provincial schools? Harper hasn`t lost anything – but we have. “It fronts a reconcilation commission” Even the words used to describe the Truth and Reconciliation Commission (TRC) make suttle negative associations. The Toronto Sun seems to imply that out of the goodness of the Prime Minister’s heart, a Truth and Reconciliation was funded. I think the author is forgetting that all of this came about because of the litigation against Canada. These are the facts that ought to be on the table if we are to have a responsible discussion about any of these issues. Since it is unlikely that these people will stop their campaign to turn public opinion and policy makers against us, we need to occupy the space of educator. The Assembly of First Nations needs to take a stronger public education role in making sure the facts are accessible and that forums are created for informed and fact-based discussions versus allowing the old uneducated right-wing hate debate to dominate. “Unreasonable demands from aboriginal ‘leadership’ in cesspool reserves” It is one thing for us to all have different perspectives, beliefs and interpretations of what we see, hear and experience, but it is quite another to promote blatantly racist and uninformed statements about us. Our youth need to know that the very foundation of race as a biological determinant of personality, intelligence or capacity was discounted both in science and fact decades ago. It is impossible to look at the end result of devastating and often lethal colonial policies forced on our people and imply that we want any of this or that our choices put us where we are today. How dare they call Attawapiskat a “cesspool” reserve when they know the facts – that many of those residents live in poverty not because they want or choose to, but because of the chronic underfunding of our communities and the government’s refusal to share what is ours – the land and resources. Yet, there is no mention of the mining company which overloaded the reserve’s underfunded infrastructure and flooded their sewage station and caused back-ups in some of their houses. Where was the amends for that? “An idiot… and fool” I don’t care who you are, what your background is or what your political stripes are – no one gets to talk about our people this way. We have our strengths and weaknesses like any other collective in the world, but we did not ask for any of this. We are tasked with managing the dysfunction that Canada created and fights hard to maintain today. Our people have tried against all odds to work with Canada. We have survived everything that has been thrown at us – from scalpings to sterilizations to complete control and impoverishment. And we still sing, we still dance, and we still celebrate who we are as the FIRST PEOPLES of this land – like the Mi’kmaq, Cree, Mohawk, and Maliseet. Despite generations of brainwashing we still fight to protect our ways and our people. None of us are disposable. We are all human beings and if Canada is embarassed by our living conditions they need to do something about it. If they are not, then they need to step aside and let a legitimate government take charge – one that puts the well-being of the people first. Name-calling by Conservative Ministers, Senators or their right-wing media outlets will never cover up their culpability. “Compromise is chief priority” We made our compromises when we signed treaties. Those deals are now internationally and constitutionally protected. Those treaties need to be recognized and implemented. Some right-wingers say that treaty implementation is an old argument and that I should give it up. Senator Brazeau said that his government would `never`recognize treaties – important insight on the kind of government we are dealing with and the positions we need to take. Even those non-treaty Nations made their compromises years ago when they agreed to share, not give up their lands and resources. To ask us to compromise again is to ask us to give up what little we have left. We stand on the strength of our original and prior sovereignty – we need to assert it, live it and protect it. There is no compromise to be had on our sovereignty. “bangs war drums and blows smoke“ I hope for the sake of our children and their children and their children forever, that we always hear the beat of the drum and honour the pipe ceremonies. Our ways connect us to our ancestors – many of whom gave up their lives to protect our lands. I am proud to be part of those traditions and hope we never compromise on our sovereignty,our treaties, our traditions or the well-being of our people.

  • Federal Budget 2012 – The Battle Lines Have Been Drawn

    The Conservative budget was released today with most mainstream political commentators wiping their brows, saying “Phewf, we thought it would be much worse!” People like Kevin O’Leary were asking why the Conservative government didn’t go further to open up Canada for international investment. Others were relieved that only 19,200 federal public service jobs would be lost as opposed to the 60,000 that were predicted. Still others were wondering what the streamlined environmental review processes might mean. http://www.budget.gc.ca/2012/plan/toc-tdm-eng.html The area with which I am most concerned relates to what was and was not in the budget for Indigenous Peoples. I am not surprised by this budget, in fact, it is just about exactly what I predicted it would be. What I am surprised about is how the Assembly of First Nations’ National Chief Shawn Atleo could possibly think this was a good budget. http://www.afn.ca/index.php/en/news-media/latest-news/afn-national-chief-responds-to-federal-budget-calls-for-continued-work Atleo says: “The investments in education in today’s budget indicate that the voices of our youth are perhaps beginning to be heard…”. Well, let’s look what was and was not provided for First Nation education: For elementary and secondary education (k-12), approximately $1.5B in extra funding is needed this year to have an education system almost on par with the provinces. This budget only provided $100M for this year, most of which will go to early literacy (and not in our languages). For post-secondary education (PSE), we have an estimated need of half a billion dollars for this year as we have no less than 10,000 First Nation students on a waiting list to go to university. This budget appears to provide $0 for PSE. Atleo says that “First Nations will seize this momentum to move forward to real reform and reconciliation”. What momentum? According to the documents the AFN provided, over $6.7B is required this year to properly fund k-12 education and address the cumulative shortfall. The Cons provided only 4% of what is actually needed. I fail to see how this is momentum. The current cap on funding is at 2% – this is but a fraction more. Let’s put these numbers into proper perspective. INAC estimates that it will add approximately 45,000 people as status Indians as a result of the Bill C-3 amendment to the Indian Act. It has also estimated that upwards of 50,000 new status Indians will be added because of the new Qalipu band. This is a total of 95,000 new status Indians to be added to the 704,851 INAC’s website claims are currently registered. This is an increase in the registered population of approximately 14% through registration alone. Offering an additional 4% of what is actually needed for the current population for education is an insult, but considering the new population, it is no increase at all. Given that education is a treaty right, this amounts to an overt violation of First Nations treaties and very clear signal that there will be no future of increased, flexible, permanent funding set aside for First Nations education. The fact that no money was set aside for an increase in PSE is a further sign of things to come. The Cons have drawn their line in the sand and NC Atleo continues as if oblivious to the impending battle. I don’t see any “real reform and reconciliation” in a budget that offers $330M for water infrastructure over 2 years when the actual need is $6.578B. This amounts to approximately 5% of what is actually needed. If it cost your family $20,000 to install plumbing in your house to run water and have proper sanitation, what good would $1,000 do if you didn’t have the other $19,000? What kind of reform is that? Again, the Conservatives are laughing in the face of the current crisis of poverty in First Nations while NC Atleo praises them for “real reconciliation”. This year the whole world saw first hand what the crisis in First Nation housing looks like. The pictures from Attawapiskat First Nation showed people living in unheated sheds with no running water. The media frenzy which followed shamed Harper into having a Crown-First Nation Gathering that had been promised several times over his years in office, but which never came to fruition. It was Attawapiskat that brought about that “historic” meeting and not NC Atleo, despite claims otherwise. Yet, not a single cent was dedicated to address the crisis in First Nation housing. What about this lack of funding for housing speaks of reconciliation? The assimilation scheme of starving the Indians off the reserve is well entrenched in Conservative policy, yet Atleo sees this budget as making “important investments”. I can assure you that I am not seeing monsters where non exist. This assimilation plan for Indians is well-documented in government records and has always been considered by INAC as “the final solution”. The Cons are just more aggressive in speeding assimilation along. The budget document focuses on “integration” of Aboriginal peoples into Canadian society – as a labour source, as tax payers and as individual property owners. Even the constitutionally protected right of Indigenous peoples to be specifically consulted and accommodated on their Aboriginal and treaty rights is translated as consultation (no accommodation) that will be “integrated” into current regulatory processes. But let’s look at what is really happening. The Indian Act is staying in place, as confirmed at the CFNG and the current level of federal control over First Nations will not only be maintained, but will be dramatically increased with the suite of legislation it intends to impose on First Nations. This budget confirmed what we already heard in the CFNG: (1) Non-Indians will gain interests in reserve lands in the matrimonial real property legislation; (2) Cons will transfer all liability for water and sewer on reserve to First Nations without funding to address the increased standards; (3) First Nation education legislation will impose increased standards and force provincial partnerships while not providing additional funds; (4) Reserves will be opened up to privatization (ownership by individuals) to allow mass sales of reserve lands and facilitate extractive industry activities on our lands; and (5) Accountability legislation to impose standards on First Nations leaders not imposed on Members of Parliament. Again, I am really confused how any of this screams “reconciliation”. In fact, this entire suite of legislation violates our inherent rights to be self-determining and violates our constitutionally protected  Aboriginal and treaty rights to govern our own affairs. It also threatens our communally-held traditional lands and current reserve land holdings. It will result in a dumping of liability and no funding to cope with a whole slew of additional regulations and standards that Canada itself can’t meet in First Nations now. In fairness, Atleo did say “First Nations must be at the table on any discussions that could affects our lands, our lives and our rights”. Or what? What is Atleo going to do? He certainly has represented ANY kind of threat to the Cons yet, nor has he publicly offered any real resistance to this run-away assimilation train. He also states that he will get clarity of what all this legislation means and ensure First Nations voices are “respected”. Really? Our voices have not been during his whole tenure – what makes now any different, except maybe that his election is coming up in July? The fact is, the AFN knows full well what these proposed pieces of legislation mean as they have already testified before the House and Senate on some of them. The focus should not be in ensuring our voice is “respected”, it should be in ensuring that our inherent right to be self-determining is respected, implemented and enforced. Our jurisdiction over our own communities is what needs to be recognized. We don’t need 5 more Indian Acts to prescribe how we will live our lives. I don’t want my voice to be accommodated in federal legislation – I don’t want the federal legislation. I honestly wish I could find some positive in what NC Atleo is doing on all our behalves, but I just can’t. It is not a personal thing, as I don’t know him as a person – most of us don’t and never will. I don’t get to vote in AFN elections, so this is not about voting. I have given the issue a great deal of thought and have spoken to a great many people that I trust about my dilemma in criticizing an organization that is set up to advocate on our behalf. It hurts me to do it, but after much contemplation and soul-searching, I feel like I have no choice. All we, as grassroots people, have to go by is what Atleo does or does not accomplish for us. The proof is in the outcome and this is not the outcome that will move our Nations forward in decolonizing, healing, rebuilding our languages and cultures and protecting our traditional territories for future generations. While Atleo cannot be blamed for the aggressive assimilation plan of the Cons (and I admit, he has a tough political landscape right now), he is to blame if he does not stand up and actively resist it. Our people are the ones who live in shacks – now is not the time to tell them their voices are “being heard”. Our people are dying pre-mature deaths – now is not the time to promote “reconciliation”. Our people see the impending battle – now is not the time to “seek clarity”. Our people need a leader – now is not the time to be a politician.