Tag: First Nations

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.

February 12, 2015

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 6^th 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

November 26, 2014
Willing Partner or Jail?: Budget 2014 and the Elimination of First Nation Treaty Rights, Resources and Trade

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

February 17, 2014
Harper’s “Cons” and FNEA: Would You Want These People Running Your Schools?

                                                      (picture from Two-Row Times) They say absolute power corrupts one absolutely, but this saying would not even begin to describe this Conservative government under Prime Minister Stephen Harper’s leadership. There has never been a more dictatorial, aggressive, scandal-laden government than Harper’s “Cons”. “Cons” is a fitting nickname for this ruling Conservative party given the countless scandals since they have come to power.

Harper’s control over his own party, together with his party’s majority power in the House and Senate has made him so arrogant that he appears unconcerned about the extreme excesses of his “people”. His over-confidence is apparent in his bullying tactics within the party ranks and in his dictatorial governance style. He wields his majority power like an iron sword through the hearts and minds of Canadians. He acts as though he is untouchable and has such control over his own people that they will fall on their swords before implicate Harper. Now, this government wants to control the fate of First Nations children in their new First Nations Education Act. This is a scary thought.

http://www.indigenousnationhood.blogspot.ca/2013/10/defer-deflect-deny-destroy-harpers.html

As with all false leaders, Harper’s arrogance is testament to his weakness – he is all puffery and no substance. If his front line is as weak as the media reports it is, then there will be very little loyalty left to support Harper when the pressure hits. We have an opportunity to put the pressure on. How much more fraud, sexual assault, theft, and lying will Canadians stand? Canadians have the power to unseat this dictator and reset Canada on a path which ensures health, prosperity and the good life – however we choose to define that for ourselves – for all our future generations.

How many more scandals will it take? More importantly, should they be passing legislation dealing with the lives of First Nation children when they can’t seem to even act within the law? If these “leaders” of the Conservative party are any example, I wouldn’t want them anywhere near my children or making decisions on their behalf. These people are scary and not the kind of role models we want for our children.

MAXIME BERNIER may be long forgotten, but he was the Minister of Foreign Affairs who was forced to resign from Cabinet after leaving classified documents in the possession of his biker-gang-friendly girlfriend posing a possible risk to national security.

  http://www.cbc.ca/news/canada/maxime-bernier-timeline-1.701000

BEV ODA was the Minister of International Cooperation who was also forced to step down due to a funding scandal which had her denying and then admitting that she directed staff to alter documents. She was later found to have used public monies to fund her lavish over-seas trips staying in posh hotels and hiring expensive drivers all while sipping $16 orange juice.

http://www.huffingtonpost.ca/2012/07/03/bed-oda-quits-international-minister-mp_n_1646699.html

PETER MCKAY, the Minister of Defense was also a big-spender with public monies. From a $3k seafood show, $5k Grey Cup game to a $16k helicopter ride for his personal fishing vacation – McKay defended himself by threatening to sue the people bringing these allegations. However, it was reported that government documents showed that even military officials tried to warn McKay over the helicopter ride.

http://www.huffingtonpost.ca/2011/12/16/peter-mackay-spending-scandal-grey-cup_n_1153532.html

VIC TOEWS who stepped down as Public Safety Minister, was embroiled in several political and personal scandals including a conviction for election violations and a divorce reportedly brought on by an affair with a political staffer that resulted in a child. He was also criticized for implying that environmentalists and First Nations peoples were terrorists.

http://www.huffingtonpost.ca/news/vic-toews-divorce/

The list seems to just go on and on. Then you have the fringe element who shock normal Canadians with their racism, bizarre opinions and allegedly illegal activities like:

–        Former Minister of Indian Affairs, John Duncan who was opposed to “race-based rights” like the Aboriginal and treaty rights protected in Canada’s constitution;

–        Current Minister of Indian Affairs, Bernard Valcourt whose scandals are infamous in New Brunswick (where he was forced to resign as Cabinet minister due to drunk driving), but are apparently forgotten in Ottawa;

–        Tom Flanagan, well-known Conservative and PM advisor, Indian-hater and reportedly supports child porn; http://www.thestar.com/news/canada/2013/02/28/former_adviser_to_harper_tom_flanagan_ok_with_viewing_child_porn.html

–        Conservative Senator Pamela Wallin who, along with Senators Mike Duffy and Patrick Brazeau, was suspended from Parliament. Wallin recently had her documents seized and is now being investigated by the RCMP for filing improper expense claims;

–        Senator Brazeau is a case unto himself. Aside from bizarre late night rants on Twitter; trying to double dip salaries as President of the Congress of Aboriginal Peoples and Senator; never showing up for work as Senator; media reports of him not paying child support; formal charges laid in senate expense scandal; and then his charges for both assault and sexual assault nearly take the cake for Harper’s Conservatives; but now

–        The Prime Minister’s band mate, drummer Phillip Nolan has been suspended from work as a teacher and charged with sexual assaults on children. http://news.nationalpost.com/2014/02/06/stephen-harpers-drummer-an-ottawa-teacher- arrested-for-sexual-assaults-on-a-minor/

If you were a First Nation whose band members had suffered through the rapes, torture, medical experimentation and abuse that occurred in residential schools, would you want the Canadian government running your schools again?

If you were a First Nation and the Conservative government was telling you that your choice was status quo under-funded schools, or extra funding under the condition of federal legislative control, would you feel safe sending your kids to those schools? If you were a First Nation and Harper was standing beside you in a headdress saying “Trust me” – would you? The last thing we need is for a federal party, who acts without accountability or any moral compass going anywhere near our kids. We are already suffering the inter-generational impacts of residential schools – we don’t need to hurt our future generations too.

Say No to FNEA. Stay away from our children.

Recognize First Nation control over their own education systems; and

Properly fund these systems.

We have treaty rights and internationally protected rights to fully-funded education.

It’s time Canada lived up to its obligations.

February 7, 2014
Feathers verus Guns: The Throne Speech and Canada’s War with the Mi’kmaw Nation at Elsipogtog

*As I write this blog, Canada is at war with the Mi’kmaw Nation – again – this time in Elsipogtog (Big Cove First Nation) in New Brunswick. The Mi’kmaw have spoken out against hydro-fracking on their territory for many months now. They have tried to get the attention of governments to no avail. Now the Mi’kmaw are in a battle of drums and feathers versus tanks and assault rifles – not the rosy picture painted by Canada to the international community.

The failure by the federal and provincial governments, as well as the Houston-based fracking company, Southwestern Energy, to consult with the Mi’kmaw and obtain their consent is what led to the protests all summer. According to their web page: “In March 2010, the company announced that the Department of Energy and Mines of the Province of New Brunswick, Canada accepted its bids for exclusive licenses to search and conduct an exploration program covering 2,518,518 net acres in the province in order to test new hydrocarbon basins.”

http://www.swn.com/operations/Pages/nb.aspx

In response, the Mi’kmaw have led peaceful protests at hydro-fracking sites to demonstrate their opposition and protect their lands and resources. They have always asserted their sovereignty, ownership and jurisdiction over their territory. There has been relatively little coverage of their actions, but they have been active for months now. More recently, the company obtained an injunction to stop the protest and it was served on protesters today.

http://halifax.mediacoop.ca/author/miles-howe

It is more than coincidental timing – it was obviously strategically calculated with the completion of the Governor General’s Speech from the Throne and the end of the United Nations Special Rapporteur James Anaya’s visit to Canada. This morning, we awoke to reports from the Mi’kmaw of swarms of RCMP dispatched to Elsipogtog to enforce Harper’s aggressive natural resource agenda. He has effectively declared war on the Mi’kmaw.

http://www.speech.gc.ca/sites/sft/files/SFT-EN_2013_c.pdf

This is not the first time Canada has declared war on the Mi’kmaw. In 1981, law enforcement led an attack on the Mi’kmaw at Restigouche to stop them from controlling their own Aboriginal fishery. During this attack, Mi’kmaw suffered multiple injuries, some severe and numerous arrests.

In 1998, the government intervened in Listuguj because the traditional Mi’kmaw government shut down the logging company that was stealing timber from Mi’kmaw lands and because the Mi’kmaw started to harvest their own timber.

Between 1999 and 2001, Canada once again declared war on the Mi’kmaw Nation at Esgenoopitij (Burnt Church First Nation) in NB to stop them from fishing lobster. This was despite the fact the Mi’kmaw had proven their treaty right to fish lobster at the Supreme Court of Canada. Law enforcement rammed Mi’kmaw fishing boats, injured fisherman and issued numerous arrests.

All of these actions were done in violation of the numerous treaties between the Mi’kmaw and the Crown which were peace and friendship treaties intended to once and for all end hostilities and work together as Nation to Nation partners. Given that our treaties are constitutionally protected, Canada’s actions are not only tyrannical and oppressive, but also illegal.

Today, in 2013, the government has once again decided that brute force is the way to handle The Mi’kmaw women, elders, and children drumming and singing in peaceful protest against hydro-fracking at Elsipogtog. Media reports 200 RCMP officers were dispatched, some of them from the riot squad, armed with shields, assault rifles, batons, tear gas, rubber bullets, pepper spray and snipers. Some of the RCMP, in full camo, hid in the woods, while the others formed a large barricade on the highway blocking any movement by protesters.

The Chief and Council were arrested, as well as numerous other protesters all while scrambling cell phone signals, cutting live video feeds and blocking media access to the site. Reports of RCMP pointing their assault rifles at elders and snipers aiming their scopes at children led to the burning of several RCMP cruisers. Yet, so far, the mainstream media has focused on the burning cars and not the acts of violation and intimidation by RCMP on the Mi’kmaw.

This heavy-handed deployment of heavily armed RCMP cops against women and children shows Canada’s complete disregard for our fundamental human rights and freedoms, and their ongoing disdain for Indigenous peoples. One RCMP officer’s comments summarized government position perfectly: “Crown land belongs to government, not to fucking natives”. The RCMP have it wrong – Mi’kmaw treaties never surrendered our lands and we are still the rightful owners.

http://aptn.ca/pages/news/2013/10/17/crown-land-belongs-to-the-government-not-to-fcking-natives/

Of course, this sounds eerily similar to the words of former Ontario Premier Mike Harris who was reported to have said of the protest at Ipperwash “I want the fucking Indians out of the park”.

http://www.cbc.ca/news/canada/ipperwash-inquiry-spreads-blame-for-george-s-death-1.666937

And we all know what happened there – law enforcement killed a peaceful unarmed protester named Dudley George. One might wonder if history is going to repeat itself. If we look to the Speech from the Throne as any indication, Harper has sent Canada on a direct collision course with First Nations – all in the name of resource development.

Contrary to the Governor General’s introductory comments about Canada using its military force sparingly and that Canada responds “swiftly and resiliently to aid those in need”, the strategic wording indicates a much more ominous plan. Canada’s position vis-à-vis First Nations and natural resources is laid out as follows:

–        First Nations are incapable of managing their own affairs and Canada will control them and make them accountable via legislation;

–        Canada owns the natural resources and will sell them;

–        Canada will make major investments in infrastructure to protect these natural resources;

–        Canada will increase military strength to protect Canadian sovereignty; and

–        Increased military will protect Canada’s economy from terrorism.

In other words, Canada does not recognize the ownership or rights of First Nations to their lands, waters and natural resources and will expend billions to ensure that no First Nations prevent the extraction of those resources. Canada and its military have referred to First Nations as terrorists before, and will no doubt be labeled as such when they defend their right to say no to mines or hydro-fracking, like in Elsipogtog for example.

This aggressive display of power and intimidation in Elsipogtog was not met with an equal display of violence. Instead, the women, elders and children continued to drum and chant and pray for the health and safety of their peoples, their Nation and the lands and waters for all Canadians. Instead of scaring people away, this unconstitutional show of force is being met with solidarity blockades all over Canada and the United States.

Listuguj in Quebec has blocked a bridge; Six Nations in Ontario has shut down a highway, there are protests outside Canadian embassies in New York City and Washington; and hundreds of rallies, marches, protests and blockades planned for later today and tomorrow. The horrific images of police violence at Elsipogtog inspired First Nations peoples all over Canada to collect supplies, send warriors and advocate for justice. Harper has inspired Indigenous resistance and action on the ground. There will be more First Nation protests and blockades in the coming days as well.

The Idle No More flame that he lit last year has never faded – it was just waiting to be fanned once again. The solution has always been there:

(1) Respect the Nation to Nation relationship (our sovereignty and jurisdiction over our governments, lands and peoples);

(2) Address the current injustices (crises in housing, education, food, water, child and family services, murdered and missing Indigenous women); and

(3) Share the benefits and responsibility to protect the lands, water and natural resources like the treaties envisioned.

It’s Harper’s move now – more tanks and RCMP violence or a negotiating table? http://www.cbc.ca/player/News/Canada/ID/2412799896/ *Picture taken from Google images.

October 17, 2013
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.

October 17, 2013
Defer, Deflect, Deny, Destroy: Harper’s First Nation Education Act

*(My apologies for the length of this blog – it’s too critical of an issue to cover lightly)

Since the federal government first assumed control over First Nation education, First Nations have suffered poor educational outcomes. During the residential school era, federal control over First Nation education meant a very real chance of starvation, torture, abuse, medical experimentation, beatings and death for the students. Upwards of 40% of the children who entered residential schools never made it out alive and others were permanently scarred.

Prime Minister Harper apologized for the residential school policy, but has not taken a single step to address the disastrous results which stemmed from it like lost culture, language, identity, traditional Indigenous knowledges, belief systems, values, customs and practices. No sooner was the weak apology offered when Conservative MP Pierre Poilievre condemned it as a waste of money. The Harper government soon followed the apology by cutting funding to Indigenous languages which confirmed the lack of sincerity in the apology.

Even a child knows that an apology is more than words; it requires an acknowledgement of the harm done, acceptance of responsibility for that harm, a promise not to do it again and actions to try to make amends for the harm done. Harper has not offered a true apology nor taken real actions to address the significant harms done. A litigation settlement for personal injuries, rapes and molestations that happened in those schools does not address the assimilatory harms.

If Harper was sincere about the wrongfulness of Canada’s long-standing assimilation policy, it would not continue to have assimilation as its number one policy objective with regards to First Nations. If there was a true interest in righting wrongs in First Nation education, Harper need only read the many reports, publications, studies and statistics in relation to First Nation education which have clearly outlined the problems and the solutions. Yet, Harper has implemented his standard modus operandi in relation to First Nations issues: deny, deflect, defer and destroy.

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

Even when faced with contrary evidence, Harper’s government has consistently denied that there is a problem with funding or federal control over First Nation education. Instead they issue press releases and make public statements about how much they fund First Nation education and focus on isolated First Nations which have recently built schools. The Office of the Correctional Investigator, The Auditor General, Special Ministerial Representatives, United Nations investigators and numerous experts have raised the alarm on the serious nature of federal control over First Nation education. Some of the conclusions include the following:

–        Indian Affairs has failed to implement recommendations “most important to lives and well-being of First Nations” (Auditor General 2011);

–        73% of all water, 65% waste water systems in FNs are high risk – INAC so behind in infrastructure funding, will take $4.7 billion just to fix current systems (Neegan 2011);

–        The “inequitable and differential outcomes for Aboriginal offenders” are the direct result of “federal correctional policies and practices” (Correctional Investigator 2010);

–        “current funding practices do not lead to equitable funding among Aboriginal and First Nation communities” (OAG 2008);

–        funding inequities results in inability for First Nations to provide adequate child welfare services (Auditor General 2008);

–        “inequitable access to services for First Nations…contributing factors to the over-representation of Aboriginal children in child welfare system” (INAC 2004);

–        Funding formula created by INAC does not ensure equitable access to education & gap widening (Auditor General 2004);

–        INAC failed to give Parliament real picture on FN housing – said increased housing stock overall, but found an actual decline of 30% (Auditor General 2003).

When the evidence is too overwhelming and the media will not let the issue drop, then the Harper Conservatives deflect responsibility and try to either change the subject or shift the blame to First Nations themselves by making allegations against First Nation leaders as corrupt or mismanaging funds. This pattern has been too consistent and one need only look at the housing crisis in Attawapiskat, the corresponding allegation of mismanagement and the court case which cleared Chief Spence’s name to see this m.o. in action.

Sometimes, like in the case of First Nation education, the public criticism is so intense that deflection will not work and then Harper usually defers the issue to be studied. In the case of First Nation education, many successive federal governments have followed the same pattern of deferring the issue to study and the result is numerous studies. The problem for Harper is that all these studies continue to say the exact same thing: the problem is federal control and chronic underfunding of First Nation education. It should be no surprise that the studies were nearly unanimous in their solutions for poor First Nation education outcomes: First Nation control and appropriate funding. It’s not rocket science Harper.

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

When faced with an issue that simply won’t go away, and the usual deny, deflect and defer tactics won’t work; Harper usually reverts back to federal policy objective of assimilating Indians: destroying the “problem” all together. In an aggressive full blitz attack, Harper has introduced a complex legislative agenda which will have essentially the same effect as the White Paper 1969 would have: destroy Indians, reserves, treaties and any programs and services associated with them. With regards to education, Harper will introduce the First Nation Education Act, national legislation designed to trick First Nations into voluntarily giving up their treaty right to education in exchange for a federally-controlled legislative program.

What are the implications of this legislation? The draft legislation has not yet been shared with the public, so I can’t comment on the specifics, but based on INAC’s Blueprint for Legislation document shared with First Nations, one can clearly see that First Nation concerns were valid:

(1) Indian agent-type federal controls, inspections and approvals will be tight;

(2) The potential option of local First Nation control is limited and conditional;

(3) There will be no guaranteed funding as funding will still be policy-based; and

(4) Although promoted as optional legislation, the legislation proposes to set out a process for legal recognition and authorization to run schools.

http://www.aadnc-aandc.gc.ca/DAM/DAM-INTER-HQ-EDU/STAGING/texte-text/fN-Education_blueprint-ebauche_1373053903701_eng.pdf

One need only look at the current suite of legislation to see where this legislation is headed.

Other serious concerns related to this legislation include the fact that there were no consultations which respect Canada’s legal obligation to obtain the free, informed and prior consent of First Nations required under section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Instead, engagement sessions were held in urban areas across the country and largely skipped the 615+ First Nation communities. This legislation is paternalistic, unilaterally drafted and meant to be a one-size fits all approach to deflecting the real issue: federal control and chronic under-funding. The majority of First Nations did NOT ask for legislation and in fact passed numerous resolutions at the national, regional and provincial levels specifically opposing this legislation.

One cannot forget that for many First Nations, First Nation education is a treaty right and those treaties are protected in both domestic and international law. Treaties are forever and are now protected in section 35 and cannot be unilaterally amended. This, together with the fact that this legislation also proposes to off-load (at least in part) First Nation education to the provinces makes this legislation unconstitutional. Canada is forgetting that when it supported UNDRIP, that article 14 states that First Nations have a right to establish and control their own education systems and Canada has an obligation to ensure that First Nation children have access.

The failure to address First Nation education outcomes doesn’t even make economic sense. The 2% cap placed on funding has only made a bad situation worse. Yet, the studies show that were Canada to eliminate the gap between Canadian and First Nation education outcomes, this would yield $179 billion on GDP back to Canada. Why then would Canada continue to pay $100,000 a year to wrongfully imprison First Nations peoples, when a 4 year university education only costs $60,000 and we know the social and economic benefits of a good education? Canadians enjoy good education systems funded in large part from the wealth obtained from Indigenous lands and resources. It’s time to share the wealth as envisioned in the treaties.

Every time Canada comes up with an idea on how to “fix” the “Indian problem” our people are oppressed, assimilated or lose our lives. Canada has failed miserably in their First Nation education policies. It’s long past time to step aside and allow First Nations peoples to heal from the inter-generational devastation caused by federal controls and fully support First Nation-controlled education systems. The treaties promised to fund these systems so that First Nations would prosper equally with our treaty partners. It’s time the treaties were honoured and all parties to the treaties enjoyed the benefits.

Forget more paternalistic federal legislation and honour the treaties.

October 8, 2013
Manitoba’s Epic Failure: Manitoba and Mining Companies Work Together to Deny First Nation Rights

Dr. Pamela Palmater, Chair in Indigenous Governance

And

Chief Arlen Dumas, Mathias Colomb Cree Nation

In Bruce Owen’s article in the Winnipeg Free Press “Chiefs agree to work on revenue sharing” dated Aug. 23, 2013, Manitoba’s Energy and Mines Minister Dave Chomiak announced that seven First Nation Chiefs had agreed to work with the province and mining companies on revenue sharing in the form of jobs and economic opportunities related to mining. Chomiak was also quoted as saying that the mining companies are onside with sharing revenue from mines with First Nations. However, in dismissing Red Sucker Lake First Nation’s actions to evict Mega Precious Metals from their territories, he failed to present the whole picture to Manitobans.

Manitoba is one of the only provinces that does not have a First Nation consultation policy, despite the Supreme Court of Canada saying since the 1990’s that the provinces have a legal duty to consult, accommodate and obtain the consent of First Nations for activities on their reserve, treaty and traditional lands. Despite their reference to a “draft” policy, First Nations have been left out of decisions in relation to natural resources on their lands. This has been a long-standing grievance with First Nations whose inherent, Aboriginal and treaty rights are constitutionally-protected. The United Nations Declaration on the Rights of Indigenous Peoples which Canada supported, also guarantees protections for First Nations lands and resources and reaffirms that states require First Nation consent.

While Chomiak’s quotes make it seem like Red Sucker Lake is the only First Nation opposed to illegal mining in their territory; that could not be further from the truth. Mathias Colomb Cree Nation has also taken steps to protect their traditional, treaty and reserve lands from Hudbay Minerals – a Canadian mining giant currently in court for alleged abuses of Indigenous peoples against mining in Guatemala. Hudbay was issued Stop Work Orders and eviction notices after failing to talk to Mathias Colomb Cree Nation.

These two communities are not alone in their efforts. On April 26, 2013, a protest was held outside of the Mines Branch in Winnipeg where approximately fifteen to twenty Chiefs, supported by Idle No More and other grassroots community members, were in attendance. Nine Chiefs, including Assembly of Manitoba Chiefs Grand Chief Derek Nepinak, Manitoba Keewatinowi Okimakanak Grand Chief David Harper and Southern Chiefs Organization Grand Chief Murray Clearsky, as well as Chiefs from Manto Sipi, Red Sucker Lake, Mathias Colomb Cree Nation, Wasagamack, Buffalo Point, and Garden Hill First Nations, issued a press release expressing very specific concerns against Manitoba’s illegal licenses and permits.

The Minister also failed to share that the mining companies are not onside with sharing the wealth from First Nations lands and resources. Hudbay Minerals has never provided any of the wealth to Mathias Colomb Cree Nation and its mining operations have negatively impacted the health of the plants, animals and waters in their territory. Similarly, Mega Precious Metals has not indicated a willingness to share the wealth from its mine on Red Sucker Lake territory. It is due to this consistent refusal by the province of Manitoba to comply with constitutionally-imposed legal obligations to First Nations, and the mining companies reliance on illegal licenses and permits, that First Nations in Manitoba are rising up to defend their rights. Even the United Nations report on mining on Indigenous lands deems licenses issued this way as “tainted” and not legal.

For Minister Chomiak to say that the mining companies are onside is perhaps the most outrageous claim in the article. In actual fact, both Hudbay and Mega Precious instituted heavy-handed measures against Mathias Colomb Cree Nation and Red Sucker Lake First Nations when they went out on their traditional lands and engaged in their peaceful traditional activities. The RCMP were called in, litigation was filed against the Chiefs and community members and injunctions were obtained to keep these First Nations off their own lands (and in the case of MCCN, an injunction was also obtained against Pam Palmater, an activist with Idle No More).

Just because seven Chiefs out of 63 want to meet with the province and mining companies, does not mean the majority of First Nations are onside with either Manitoba’s illegal licenses or mining companies who knowingly profiting from illegally-issued licenses and permits. To make this assumption would also ignore all the resolutions and motions passed from First Nations and First Nation organizations. For example, Swampy Cree Tribal Council passed a motion this year stating:

“Swampy Cree Tribal Council will not recognize any mining table, committee or working group or panel of experts set up by the Province of Manitoba or any decisions or recommendation they may make in relation to our lands and resources.”

Similarly, the Treaty Land Entitlement Committee resolved this year that:

“We hereby direct the federal and provincial government to honour and abide by our Moratorium not to use permits, licenses and any other dispositions or actions that may impact our Respective Treaty, Traditional territories and Ancestral lands”

The Assembly of Manitoba Chiefs and other First Nation organizations have passed similar resolutions supporting First Nations in their efforts to protect their sovereignty, land and resources. But this issue just isn’t about First Nations – First Nations are trying to protect all Manitobans from the province’s illegal activities, like allowing Hudbay to develop a mine in a provincial park.

It’s time Manitoba recognized the sovereignty and ownership of First Nations over their own lands and resources and started finding ways to work together to share the wealth and protect the lands as envisioned by the treaties.

August 30, 2013
What is the Idle No More Movement … Really?

I have been honoured by the request of the Idle No More Founders to be one of their organizers and spokespersons. Working within this movement was a natural extension of the work we already do in First Nations with leaders and citizens. In the last few weeks, many of the media’s questions related to how the movement started, what do we want and where it might be headed. I have done my best as one of the spokespeople to answer these questions based on the views shared with me by some of those in the movement. Al Jazeera Panel on Idle No More: http://www.aljazeera.com/programmes/insidestoryamericas/2013/01/20131282718188634.html CBC’s Power and Politics: http://www.cbc.ca/player/News/ID/2322717557/ CTV News http://www.ctvnews.ca/video?clipId=836122&playlistId=1.1095861&binId=1.810401 My article in Ottawa Citizen explaining the movement: http://www.ottawacitizen.com/opinion/op-ed/Idle+More/7753967/story.html Tonight, I’d like to try to answer those questions as an individual. Thus what follows represents my own opinions, analysis, views and aspirations about the Idle No More movement. The Idle No More movement is part of a larger Indigenous movement that has been in the making for several years now. Indigenous activists all over the country have been monitoring the political and legal scene in Canada at both the federal and provincial levels and making a concerted effort to help inform First Nation community members and leaders about any potential threats. We noted a clear assimilation agenda that emerged within the Conservative government and we started planning on how we could address that if Prime Minister Harper insisted on putting his plan into action. http://rabble.ca/blogs/bloggers/pamela-palmater/2012/09/harpers-manifesto-erasing-canadas-indigenous-communities We of course worked very hard to try all the usual channels to address our growing concerns, which included lobbying, letter-writing, testifying before Senate and Parliament, endless meetings with MPs, Senators, Ministers and others – all to no avail. The Harper government was not interested in talking to us, let alone consulting or getting our consent. Harper decided instead to use the Assembly of First Nations as his primary vehicle to call all the shots. Harper’s government set the agenda, they drafted the joint action plans and they alone decided what was and was not on the table. In other words, Harper managed to bully his assimilation plan onto the First Nation agenda with hardly a squeak of opposition at the political level. http://www.indigenousnationhood.blogspot.ca/2012/02/war-and-peace-illusions-of-partnership.html At the co-called Crown-First Nation Gathering (CFNG) last January 2012, Harper promised First Nations his government would not unilaterally amend or repeal the Indian Act. After the CFNG, he broke that promise and proceeded with an aggressive legislative agenda that will include upwards of 14 bills that will devastate our First Nations in various ways. It is the White Paper 2012 with a twist – instead of it being a policy, like the 1969 White Paper, which wanted to assimilate Indians, Harper’s plan will be law. This is the spark that ignited the Idle No More movement into action. We always knew action would be required at some point, but the legislation posed an imminent threat and required immediate mobilization. That is how a movement was born. In the early days, some were calling the Idle No More movement, some calling it an Indigenous rights movements, but we all agreed that we needed to immediately oppose Harper’s assimilatory legislative agenda. So many of the early activities included teach-ins which helped explain the legislation’s potential impacts on First Nations and more importantly, what we could do to oppose it. Early protests started out as opposing the massive omnibus Bill C-45, but later came to include the whole suite. First Nations Fiasco – First Nation legislation will create social and legal mess: http://lawandstyle.ca/opinion_first_nations_fiasco/ When Legislators Make Bad Law: Bill C-3’s Assault on Democracy: http://www.oba.org/en/pdf/sec_news_sept11_c3_palm.pdf Presentation on Legislation (Part 1) http://www.youtube.com/watch?v=STatNSjcrvo Part 2 http://www.youtube.com/watch?v=uBt8yqth1n0 Part 3 http://www.youtube.com/watch?v=s4ku8vVELYs Part 4 http://www.youtube.com/watch?v=okLmloA70zk The Idle No More movement, initially started by women, is a peoples’ movement that empowers Indigenous peoples to stand up for their Nations, lands, treaties and sovereignty. This movement is unique because it is purposefully distanced from political and corporate influence. There is no elected leader, no paid Executive Director, and no bureaucracy or hierarchy which determines what any person or First Nation can and can’t do. There are no colonial-based lines imposed on who joins the movement and thus issues around on & off-reserve, status and non-status, treaty and non-treaty, man or woman, elder or youth, chief or citizen does not come into play. This movement is inclusive of all our peoples.

To my mind, the true governing power of our Indigenous Nations has always been exercised through the voice of our peoples. The leaders were traditionally more like spokespeople which represented to views and decisions of the people. In this way, the Idle No More movement, led by grassroots peoples connects very closely to our Indigenous traditional values. But it is not a movement where the people stand alone, their elders, elected leaders and traditional leaders stand with them. This movement is not in competition with any First Nation political organization or elected leaders. This movement is focused on the critical issues before us, not power-struggles, political games or competing for government funding. Everyone so far has donated their time, money, energy and skills to making this work despite the inevitable critiques, push-back and misinformation. Yet, what makes this peoples’ movement so unique, is also what makes it so difficult for many Canadians and the media to understand. Generally speaking, people understand that each government, group or organization has a leader, a clearly defined hierarchy and rules about who can say and do what. This movement on the other hand, is very organic in nature and first and foremost respects the sovereignty of individual Indigenous peoples and their Nations to participate how and when they choose, if at all. This will mean that some First Nations leaders will choose not to participate, but some of their members will. It could mean one First Nation community organizes teach-ins whereas First Nations peoples living in urban areas will get together and organize flash mob round dances.

Think of the many ways in which this movement has already developed. We had teach-ins at Louis Bull, Saddle Lake and other First Nations. We have posted information, publications and videos online for all to access. We have engaged the media to help educate the public about why this impacts them as well. The Chiefs organized a protest during the AFN assembly to oppose the legislation (including Bill C-45). Chief Spence is on a hunger strike standing up for all First Nations and the treaty relationship which Canada has forgotten. Kids in schools have held Idle No More Rallies and there have been marches, protests and temporary traffic and railways slow downs. The core unifying theme to all of it has been that they are peaceful activities meant to help educate Canadians about how this is in all our interests. We do have structure, we are organized, we work very closely with one another across the country to strategize and we are growing. We have worked with active First Nation leaders on the ground since the very beginning and many of us continue to do so. Our allies increase every day as more and more organizations are joining the movement. Now we have widespread international support which also grows everyday. Pretty soon you will see more and more prominent figures stand up to put pressure on Canada to come to the table in a real, meaningful way.

http://idlenomore1.blogspot.ca/

To me, Idle No More is a responsibility – a responsibility to live up to the sacrifices of our ancestors, to the duty we have as guardians of the earth, and to the expectations that our children and grandchildren have of us to protect them. Every single one of us has that responsibility, though, at any given time, we all have different capacities, skills and opportunities in which to fulfill it. Regardless of our situation, I believe that we all carry that responsibility from the very moment the Creator blesses us with our first breath until our last. This responsibility means that it is not good enough to work hard, get an education, find a job, and provide for one’s family. These are important things, and our ancestors did their best to ensure that we would have a prosperous future. Many even negotiated these provisions in some of our treaties. But, it is not good enough for us to simply be comfortable, at least not as long as we have brothers, sisters and community members who live without food, water or housing. Right now, many of our Indigenous peoples are facing multiple, overlapping crises that require emergency attention. The very grassroots people standing on the front lines of this movement are there because they are the ones without clean water, housing or sanitation and the politicians have done little to address this. Stretched Beyond Human Limits: Death by Poverty in First Nations: http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 This movement is set apart from any other before it. Unlike the Occupy movement, this movement involves peoples with a shared histories, experiences, goals and aspirations. We as Indigenous peoples are all related, we all care about each other’s futures and we share the same responsibility to protect our rights, cultures and identities for our seventh generation. This movement also has a special spiritual significance in that this was prophesied – that the seventh generation would rise and restore the strength of our Nations, bring balance and see that justice was restored to our peoples. This movement is also unique in that it includes Canadians as our allies. Just as the early days of contact when the settlers needed our help to survive the harsh winter months, and seek out a new life here, Canadians once again need our help. They need our help to stop Harper’s destructive environmental agenda. First Nations represent Canadians last best hope at stopping Harper from unfettered mass destruction of our shared lands, waters, plants and animals in the name of resource development for export to foreign countries like China. Why? Because only First Nations have constitutionally protected Aboriginal and treaty rights which mandate Canada to obtain the consent of First Nations prior to acting. These rights are also protected at the international level with the United Nations Declaration on the Rights of Indigenous Peoples. http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf When First Nations organize in Idle No More to oppose this legislation, they do so to protect all of our interests – First Nation and Canadian alike. The most precious resources in the near future will be farmable lands and drinkable water. If there is no clean water, this impacts everyone. We are standing up not only to protect our lands and waters, but we are also standing up to restore justice for First Nations and democracy for Canadians. We can work together to defeat this threat to Canada and find a way to share the lands and resources as the treaties envisioned. When asked what do we want, that question can be answered in two parts: (1) In the short term, Canada must withdraw the suite of legislation impacting First Nations, amend those omnibus bills which threaten our lands and waters, and restore the funding that was cut to our First Nation advocacy organizations and communities; (2) In the long term, Canada must set up a Nation to Nation process whereby First Nations and Canada can address many of the long outstanding issues related to the implementation of treaties and sharing the lands and resources. Ultimately, we want to be free – free to govern ourselves as we choose; free to enjoy our identities, cultures, languages and traditions – i.e., to live the good life as we see fit. This means Canada must respect our sovereignty and get out of the business of managing our lives. Given that Canada has worked hard to put us in the situation we are in, Harper will have to come to table with some good faith and offer some solutions to address the current crisis facing many of our communities in relation to the basic essentials of life – water, sanitation, housing, and education. If Harper can do no more than appear at a meeting on January 24th as requested by the AFN, our most vulnerable citizens will not see justice. What Idle No More means to me is the coming together of Indigenous peoples from all over Turtle Island to work together to restore pride in our peoples, to stand up for our rights and live up to those responsibilities we have to one another and Mother Earth. It is inspiring hope, when many had lost hope that anyone would ever stand on their behalf. It has inspired pride in who we are as Indigenous peoples because our peoples and the ways of our peoples are beautiful and something to be cherished and defended. It has inspired leadership in those who thought they had nothing left to offer their Nations. It has inspired a reconnection of youth to elders, citizens to leaders and men to stand beside their women. It has inspired the most oppressed peoples to stand up and exercise their voices. We are alive again and the spirits of our ancestors are walking with us on this journey. I believe in the power of our peoples – we can do this!

January 4, 2013
Bill S-2 – Family Homes on Reserve and Matrimonial Rights or Interests Act

Harper’s Conservatives have given the signal that they may, once again, refocus their legislative eye on Bill S-2 Family Homes on Reserve and Matrimonial Interests or Rights Act (otherwise known as the MRP bill). To this end, the parties have been preparing to study the bill and hear from witnesses on possible amendments.

Most of Canada’s legislative initiatives go largely unexplained to grassroots Indigenous peoples – community members and leaders alike. This Harper government, in particular, has done everything it can to mislead, misinform, distract, confuse and outright lie to First Nations about its intentions with regards to the Indian Act. More so, they have done very little to explain the implications of bills to those who will be impacted – First Nations community members.

Most will recall Prime Minister Harper’s infamous words at the so-called Crown-First Nation Gathering this past January: “To be sure, our Government has no grand scheme to unilaterally repeal or to unilaterally amend the Indian Act.”

Yet, here is the extensive list of government bills currently before Parliament which will unilaterally repeal or fundamentally alter the Indian Act in significant ways:

          Bill C-428 Indian Act Amendment and Replacement Act

          Bill C-27 First Nations Financial Transparency Act

          Bill S-2 Family Homes on Reserve & Matrimonial Interests or Rights Act

          Bill S-6 First Nations Elections Act

          Bill S-8 Safe Drinking Water for First Nations Act           Bill S-207 An Act to Amend the Interpretation Act

This does not include any of the omnibus or other bills which impact First Nations. There are two others bills expected to be introduced in the New Year as well:

           First Nation Property Ownership Act

          First Nation Education Act

It would be almost impossible for First Nation community members to know what these bills are really about simply by reading the titles of the bills. The Conservative Party is very good at using titles for their bills which betray what the bill actually does. Bill S-2 is a prime example of a bill that is being promoted as one which will protect Indigenous women from domestic violence and “give” them equal rights upon marriage or relationship breakdown. This bill does neither of those things.

It would make this blog far too long to review all of the sections, but communities should be aware of several problematic areas. The Preamble (which is just an introduction and does not contain any law) does give an important indication of the two theoretical underpinnings of the bill: (1)   The bill has an individual-rights/interest focus versus an Indigenous communal, holistic approach; The bill focuses on the best interests of the individual child as opposed to the collective, inter-connected interests of the entire family (including the child), extended family, community and Nation. It is this very approach that led to residential schools, 60’s scoop and the current over-representation of our Indigenous children in the care of child welfare.

(2)   The bill views First Nations peoples as “cultures” versus to governments with their own jurisdictions or Nations with their own sovereignty.

The bill focuses everyone’s attention on the particular culture of the First Nation – which is to be “considered” by a judge in a marital dispute over property. However, there is no deference for First Nation legal or governance jurisdiction over property disputes over their own territories. This is very similar language to Supreme Court of Canada cases which have essentially frozen Aboriginal rights in “pre-contact” times and only protect those rights which the court considers “integral” enough. In this case, non-Indigenous people will be judge and jury over what our culture is, which parts of it are important, and whether it is relevant to property issues on reserve.

The general focus of the bill is to enact provincial-like rules with regard to the divison of marital property on reserve after the break-up of a marriage or common-law relationship. This essentially means that each spouse is entitled to half – the house, land, etc. However, these provincial-like rules are not optional – they are mandatory. While the act considers them to be interim rules, the fact is no funds have been allotted for governance, law-making or enforcement and thus for many First Nations, they will remain permament. The bill also contains the following provisions:

–          They apply to all First Nations until they enact laws pursuant to the bill;

–          Non-Indians will be able to gain rights (exclusive occupation, life interest, etc) to the home and contiguous land on reserve;

–          A judge can make a ruling that violence has occurred and bar that person from the house, without the alleged offender being charged or convicted;

–          First Nations are not entitled to notice for emergency protection orders which give possession to a house and land to non-Indians;

–          Certificates of Possession can be forcibly transferred from one First Nation spouse to another; and

–          A person who is not member/Indian, can apply to have order enforced as though he/she was member/Indian.

Without getting into too much technicality, this bill either conflicts with or violates various Canadian laws:

(1)   Bill S-2 conflicts with the Indian Act – The Indian Act reserves land for the exclusive use and benefit of Indians and make it an offense for non-Indians to trespass on reserve, yet Bill S-2 creates new rights for non-Indians on reserve;

(2)   Bill S-2 is outside is outside Canada’s legislative authority in section 91(24) of the Constitution Act, 1867 – This is because Canada is purporting to legislate with regard to the property and civil rights non-Indians which is the exclusive jurisdiction of the provinces. Thus, provincial legislation will also be required to make the bill effective.

(3)   Bill S-2 violates section 35 treaty rights in the Constitution Act, 1982 – This is because many reserves were set up via treaties, which are now protected in section 35. These treaties are for the benefit of Indians – not non-Indians.

(4)   Bill S-2 violates section 35 Aboriginal rights in the Constitution Act, 1982 – This is because the inherent right of First Nations to be self-governing over their own peoples and lands is recognized by Canada as protected in section 35. Yet with this bill, Canada purports to control internal matters even more than they do now.

(5)   Bill S-2 represents a breach of Canada’s honour, its fiduciary obligations and its legal duty to consult and accommodate. Bill S-2 was drafted without First Nation input, there were no legal consultations, and the bill will result in more federal control, not less.

(6)   Bill S-2 violates many articles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) – including:

Art.3 – the right to be self-determining;

Art. 4 – the right to be self-governing over our own internal affairs;

Art. 19 – the right of free, informed and prior consent before ANY legislative measures that affects us; and

Art. 37 – the right to recognition and enforcement of our treaties.

Some of the other key concerns that have been raised by witnesses who have testified previously include the lack of access to justice as all remedies must be access through courts, no funding is provided for accessing legal services, and many communities don’t have local access to courts. The issue of housing on marital breakdown is further complicated by Canada’s refusal to address the housing crisis or provide adequate funding for shelters.

There are many other issues not outlined here in order to keep this blog simple. However, I will be publishing a more detailed analysis of both direct and indirect impacts of this bill.

My recommendations (in part):

(1) The Status of Women committee who will be studying the bill should reject the bill in its entirety. The entire bill conflicts with both Indigenous laws and Canadian law and cannot be saved.

(2) Canada should respect its own policy position that First Nations have a right to be self-governing which is constitutionally protected within section 35. This would correspond with the right to be self-determining as per Article 3 of UNDRIP.

November 13, 2012