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Pam Palmater

Tag: Harper Government

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    #KillBillC33

    #StayUnited against #FNCFNEA

    #May14 in Ottawa!!!

  • RCMP Assistance Needed! Pinaymootang “suffers” as Canada acts “outside legal framework”

    The Harper Government has been in constant damage control mode since being elected. It has literally been one scandal after another whether you are talking about finances, Ministers or Senators. At every turn, Harper’s dictatorial governance style and tight grip on his bureaucrats has failed to keep scandal from his doorstep – which speaks volumes about Harper himself.

    Never have we seen as many omnibus bills drafted so large that they effectively thwart the democratic legislative process. Nor have we seen as many sessions of Parliament being prorogued every time Harper needs to hide from another scandal. The level of hypocrisy within the Harper government has also reached epic proportions.

     

    On the First Nation front, Harper has not fared much better. He has single-handedly fostered one of the worst relationships with First Nations in history. From the failed Crown-First Nations Gathering which was supposed to “reset” the relationship, to the disastrous winter of Idle No More where Harper ran roughshod over both the Chiefs and the grassroots people who were demanding consultation on his legislative agenda, Harper has shown his gross incompetence as a Prime Minister. This incompetence has led to a complete breakdown in the relationship which leaves little room for negotiating tough issues. He has also lost all touch with reality when he and his Ministers assumed that the spirit of Idle No More fizzled out, as the protests all over the country in solidarity with Elsipogtog, demonstrated.

    Instead of coming to the table in good faith and trying to fix the mess that he has created and offer something of substance to address the injustices faced by First Nations, he continues to forge ahead with his assimilation agenda against the trends of most modern countries, international law and Canada’s own laws. Harper acts much like some unstable leaders throughout history, who, to their detriment, fixated on their own radical beliefs about a certain group or Nation and did everything in their power to control, dominate and/or eliminate them. It is time that the Governor-General removed Harper as Prime Minister before he does any more damage to Canadians, First Nations or other countries with his unconstitutional and dangerous actions.

    It is the height of hypocrisy for Harper to focus so much on First Nation accountability or alleged lack thereof given the mess he has made of his own government. He and his Ministers are acting without any fact-based evidence to support the alleged need to control First Nations governments more than they already controlled under the Indian Act and Canada’s oppressive laws and policies. Despite what some individual, uninformed, racist media commentators might pontificate about First Nations, the current situation in many First Nations is the uncomfortable result of Canada’s horrific genocidal policies and its ongoing paternalistic control and interference with First Nations at every level. The current trend of Indian and Northern Affairs Canada’s (INAC’s) interfering with First Nations governance as a means of political bullying is a little known reality for First Nation leaders.

    Take for example, the Algonquins of Barriere Lake. This community had a custom election code where they chose their leaders according to their own traditions. The INAC Minister had no say over how they chose their leaders, as they were outside of the Indian Act rules regarding elections. Yet, this fact did not stop the Minister from illegally removing the Chief and Council as leaders of their First Nation, when the community engaged in extended protests to keep outside companies from extracting resources from their territory. Although Canada proceeded to hold an Indian Act election, the Chief who was elected resigned in protest over Canada’s paternalistic control over their people. Canada’s political interference with the internal governance of First Nations appears to be an attempt to bully First Nations into giving up their sovereignty and jurisdiction over their lands and resources.

    http://www.youtube.com/watch?v=2SE0RLp79cQ

    One need only look at the example of Chief Theresa Spence, who, on behalf of Attawapiskat First Nation in Ontario, declared a state of emergency because of the lack of housing, to see an example of political deflection. The Red Cross came in to Attawapiskat to provide emergency relief, despite Canada’s legislative mandate to improve the social and economic well-being of First Nations. Instead of assisting, Harper vilified Chief Spence in Parliament with unfounded allegations about financial mismanagement and placed her under Third Party Management. It didn’t take a court long to see that not only was there no financial mismanagement, but also that Canada had acted illegally by putting Chief Spence in Third Party. This was clearly a diversionary tactic by Harper to deflect attention away from Canada’s neglect of First Nations, its failure to live up to its mandate, the gross violation of Aboriginal, treaty and human rights and its own government’s scandals.

    More recently, INAC decided to intervene in Pinaymootang First Nation in Manitoba and illegally oust the leadership. This received almost no media attention, but it is a stark reality faced by many First Nation leaders who consistently have to weigh their advocacy actions and governance decisions against the very real prospect of INAC’s heavy hand. If Chiefs do not act like “willing partners” with Harper’s government, they risk being thrown out of office.

    In Pinaymootang, the Chief and several councillors were removed from office – a very aggressive, heavy-handed move on the part of INAC. The timing of the removal was also suspect given that Pinaymootang was in the process of resolving outstanding flooding claims – a significant crisis issue that remains outstanding in many other Manitoba First Nations as well. Their illegal removal was further suspect given the First Nation’s upcoming elections. The following chronology reveals some disturbing facts about Canada’s abuse of power:

    Summer 2011 – Significant man-made flooding by the province of Manitoba to protect Winnipeg residents devastates First Nation communities;

    October 21, 2011 – Chief Woodhouse is re-elected with the his councillors;

    October 2011 – onward – Chief Woodhouse aggressively pursues flooding assistance for his community members;

    November 30, 2011 – An appeal of the election is submitted to Indian Affairs by a band member who had been fired from the band;

    December 13, 2011– Chief Woodhouse receives notice of the appeal, but INAC refuses to provide the details of the allegations despite requests by Chief’s lawyer for same;

    July 17, 2013 – INAC Minister Valcourt makes an order as per section 78 (2)(b)(iii) of the Indian Act that the positions of Chief and several councillors were vacant;

    –        an order per section 78.(3) that the applicants be ineligible to run in an election for a period of two years; and

    –        A Third Party Manager is put in place to control the community’s finances;

    August 30, 2013 – Chief Woodhouse obtains in interim order which reinstates he and his councillors back to office;

    October 21, 2013 – A federal court judge orders that the Minister’s decisions be set aside;

    October 25, 2013 – Chief Woodhouse is re-elected.

    To date, no RCMP charges have ever been laid against the Chief for any criminal activities in relation to the election. The timeline also shows that it took INAC almost two years to remove the Chief and several councillors from office.

    In the injunction hearing, the Federal Court judge remarked that Chief Woodhouse had been Chief since 1999 and that he and his councillors:

    “They have not been accused of, or found to have committed, any corrupt practice while in office. The evidence before me reveals that they have served their community long and well and enjoy community support and approval in their administrative and governance goals.”

     The judge went on to explain that the community was “suffering” as a result of INAC’s imposition of a Third Party Manager, as important negotiations in a class action claim against Canada and Manitoba had been halted as a result. In addition, for the seven weeks until the election, the cost of the Third Party Manager would be over $64,000 (a cost the band would have to pay) – for a manager who could not address the important issues being faced by the community. As a result, the judge granted the injunction to the band and restored them to office.

    The subsequent decision of the Federal Court in the main action for a judicial review confirmed that the Minister did not act within the legal framework when he removed the Chief from office and further, he had no authority to bar them from running in a future election as they had never been found guilty of a corrupt practice.

    “Therefore, I must conclude that the Minister’s decision was out of keeping with the legal framework governing his role under the Indian Act.”

    In other words, the Minister, like in Attawapiskat, acted illegally. While the frenzy over the Brazeau, Wallin and Duffy Senate scandal is dominating the media, we can’t let Harper’s multiple scandals over-shadow the very real scandals happening in the INAC Minister’s office every day. This is not the first time INAC has abused its power, nor will it be the last.

    Chief Sock of Elsipogtog felt the full force of Harper’s new militant resource development agenda and should be prepared for the vilification that usually follows Indigenous resistance to ongoing oppression and theft of our lands and resources. In all likelihood, Chief Sock will be accused of some sort of mismanagement; subjected to Third Party; or a random “investigation”. Other Chiefs standing up to protect their lands and resources, like Chief Arlen Dumas of Mathias Colomb Cree Nation, should also be prepared for attacks on their credibility or governance.  INAC works behind the scenes, often with political opponents of First Nations leaders, to vilify Chiefs to further Canada’s own agenda – which includes the surrender of our lands and resources and the imposition of assimilatory legislation.

    It’s time this abusive power was exposed and that the federal government be held to account. In my opinion, Harper should be placed in Third Party Management by a manager of our choice until we decide whether or not we want him removed by the Governor-General for acting outside the law. I think there is more than enough evidence for an order pursuant to Cree, Mi’kmaw, Ojibway or Anishinabek law to enforce this.

    Given that ours laws are as valid as Canada’s and protected in the Constitution Act 1982, I request 200 RCMP officers, in full camouflage, with their dogs, snipers and armoured personnel carriers to escort us while we serve these orders or removal on the Prime Minister. Let us know when you guys have the troops ready to go.

  • 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 7th Day of Action, The Royal Proclamation and Idle No More: Wading Through the Hype

    Today is a day which will challenge Indigenous peoples and Canadians in the ongoing and very uncomfortable decolonization process. Will people celebrate Oct.7, 2013 as the 250th year since the issuance of The Royal Proclamation of 1763? Or will Canadians and Indigenous peoples see beyond the government hype and propaganda that comes with celebrating the War of 1812 or the Royal Proclamation? Will most Canadians even know what the Royal Proclamation is or that it is a constitutionally-protected document? What is it that Idle No More activists all over the country are calling for – a celebration of the Royal Proclamation or something else? http://www.idlenomore.ca/idlenomore_global_day_of_action_oct7proclaim In summary, the Royal Proclamation was issued in 1763 by King George III after the British Crown acquired lands claimed by the French in North America. It was intended to encourage settlement of North America by the British, even over lands formerly claimed as French. It was also intended to transition Indigenous peoples from French allegiances to British sovereignty. It further purported to establish reserved lands for Indigenous peoples in which they could  to hunt and fish. Yet, these “protected” lands were still to be made available for settlement, so long as it was done according to the rules set out in the Proclamation. While some argue that the Proclamation recognized Nationhood status of Indigenous peoples; partially protected Indigenous lands; and partially recognized Indigenous land rights; there are others who point out that Indigenous peoples were already living as strong, independent sovereign Nations prior to contact and did not need a British edict to declare partial recognition of land rights. The very essence of sovereignty is that it is lived, asserted, protected and defended every day – it cannot be granted or gifted by another sovereign. If there was any question about whether we should be celebrating the Royal Proclamation, one need only refer to how the federal Minister of Indian Affairs Bernard Valcourt has been re-writing history. http://news.morningstar.com/all/canada-news-wire/20131007C7734/statement-by-the-honourable-bernard-valcourt-on-the-250th-anniversary-of-the-royal-proclamation-of-1763.aspx Valcourt’s statement suggests that the Royal Proclamation was the beginning of the treaty process in Canada – which is false. The Mi’kmaw, Maliseet and Passmaquoddy were negotiating treaties in 1726, 1752,  and 1760 etc. There is nothing about the Royal Proclamation that indicates that it is a mutually-agreed upon document signed by Indigenous Nations and Britain. Even Valcourt acknowledges that it was a unilaterally-imposed document where Britain purported to set out how the relationship would work with Indigenous Nations – with no input from Indigenous Nations. It is in fact, just a pronouncement that Britain violated more times than it followed. Valcourt is also wrong when he states that it was the Royal Proclamation that led to the inclusion of section 35 in the Constitution Act, 1982. To the contrary, it was the efforts of Indigenous activists to try to find ways to protect our inherent rights. Sadly, section 35 turned out to be as much protection as the Royal Proclamation where Canada breaches it more than honours it. Section 35 has turned out to be a an empty shell of a constitutional promise which is used by Canada to deny First Nation rights under the guise of “consultation”. The United Nations Declaration on the Rights of Indigenous Peoples is clear that the legal standard is “free, informed and prior consent”  – not just a watered-down duty to talk and impose whatever laws or policies that suits government agendas. So why then would we either celebrate the Royal Proclamation or base any of our resistance activities around it? Our resistance comes from our responsibility as Indigenous peoples to live, assert and defend our sovereignty and to protect the lands and waters we rely on to sustain our Nations and future generations. We should focus our symbols, inspiration, actions and rallying cries around our brave ancestors, their heroic efforts to protect our rights and the incredible inner strength of our peoples to resist and survive – despite everything that was done to us by the colonizers. There are no more powerful people than ours. To have survived scalpings, biological warfare (smallpox blankets), forced sterilizations of our women, deaths and torture in residential schools, the theft of tens of thousands of our babies from our families, the over-imprisonment of our men and women, the hundreds of murdered, missing and traded Indigenous women, and the pre-mature deaths of our peoples from contaminated water, lack of food, over-crowded housing and poor health – is a testament to our strength. Our culture and identity has the power to sustain us in difficult times and in my opinion, this is the core around which we should rise up and defend our lands, waters and peoples. The sooner we stop orienting ourselves around the laws, policies and media releases of the Canadian government, the stronger we will be in our resistance. Canada requires our participation in their processes to validate their ongoing oppression of our people – we can choose to withdraw and demand better. Harper should not assume that because there are no flashy media events happening every day that First Nations are not acting. Every social movement goes through phases and whether you call it Idle No More, Indigenous Nationhood Movement, or general resistance, Indigenous peoples are making plans, strategizing, asserting and defending their sovereignty. Those actions are sometimes hard to see amongst the sea of political media releases, government propaganda, commentator rhetoric and co-opted organizations. That being said, we still have true leaders, wise elders, strong grassroots peoples and our ancestors who are walking with us. Despite all the challenges, this movement will just continue to grow, expose the uncomfortable truths and force the fundamental change that is needed to keep the status quo from killing our people. http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 Canadians will benefit from this process of decolonization too because the most valuable resources in the future will be farmable land and drinkable water and First Nations are on the front lines protecting them. Canadians have the power to help First Nations make life better for all of us – it’s as easy and making the choice.

  • Harper Solicits Research to Blame First Nations for Murdered, Missing and Traded Indigenous Women

    Canada’s shameful colonial history as it relates to Indigenous peoples and women specifically is not well known by the public at large. The most horrific of Canada’s abuses against Indigenous peoples are not taught in schools. Even public discussion around issues like genocide have been censored by successive federal governments, and most notably by Harper’s Conservatives. Recently, the new Canadian Museum for Human Rights refused to use the term “genocide” to describe Canada’s laws, policies and actions towards Indigenous peoples which led to millions of deaths. The reason?: because that term was not acceptable to the federal government and the museum is after all, a Crown corporation. http://indigenousnationhood.blogspot.ca/2013/07/human-rights-museum-or-harper.html Aside from the fact that this museum will be used as a propaganda tool for Canada vis-à-vis the international community, Harper’s Conservatives are also paying for targeted research to back up their propaganda as it relates to murdered, missing and traded Indigenous women. This is not the first time that Harper has paid for counter information and propaganda material as it relates to Indigenous peoples, and it likely won’t be the last. However, this instance of soliciting targeted research to help the government blame Indigenous peoples for their own victimization and oppression is particularly reprehensible given the massive loss of life involved over time. http://indigenousnationhood.blogspot.ca/2011/06/secret-agent-harper-conservative-spy.html The issue of murdered and missing Indigenous women was made very public by the Native Women’s Association of Canada (NWAC) several years ago through their dedicated research, community engagement and advocacy efforts. Even the United Nations took notice and starting commenting on Canada’s obligation to address this serious issue. Yet, in typical Harper-Conservative style, once the issue became a hot topic in the media, they cut critical funding to NWAC’s Sisters in Spirit program which was the heart of their research and advocacy into murdered and missing Indigenous women. http://indigenousnationhood.blogspot.ca/2010/11/neanderthal-politics-shame-on.html To further complicate the matter, any attempts for a national inquiry into the issue has been thwarted by the federal government, despite support for such an inquiry by the provinces and territories. One need only look at the fiasco of the Pickton Inquiry in British Columbia to understand how little governments in Canada value the lives of Indigenous women, their families and communities. The inquiry was headed by Wally Oppal, the same man who previously denied the claims of Indigenous women who were forcibly sterilized against their knowledge and consent. The inquiry seemed more interested in insulating the RCMP from investigation and prosecution than it was about hearing the stories of Indigenous women. http://rabble.ca/blogs/bloggers/pamela-palmater/2011/10/murdered-missing-and-still-excluded-indigenous-women-fight-eq Now, the Canadian public has to deal with a new chapter to this story – the sale of Indigenous women into the sex trades. The CBC recently reported that current research shows that Indigenous women, girls and babies in Canada were taken onto US ships to be sold into the sex trade. While this is not new information for Indigenous peoples, it is something that Canada has refused to recognize in the past. The research also shows that Indigenous women are brought onto these boats never to be seen from again. http://www.cbc.ca/news/canada/thunder-bay/story/2013/08/21/tby-first-nations-women-human-trafficking-ships-united-states.html The issue of murdered and missing Indigenous women has now expanded to murdered, missing and traded women. One might have expected a reaction from both the Canadian government and the Assembly of First Nations (AFN). Yet, the day after the story hit the news, the AFN was tweeting about local competitions and the federal government was essentially silent. I say essentially, because while all of this was taking place, the federal government put together a Request for Proposals on MERX (#275751) to solicit research to blame the families and communities of Indigenous women for being sold into the sex trade. https://www.merx.com/English/SUPPLIER_Menu.asp?WCE=Show&TAB=1&PORTAL=MERX&State=7&id=275751&src=osr&FED_ONLY=0&ACTION=&rowcount=&lastpage=&MoreResults=&PUBSORT=2&CLOSESORT=0&IS_SME=Y&hcode=%2f6A6jdkNJoHoufgILSp4Xg%3d%3d Instead of making a call for true academic research into the actual causes and conditions around Indigenous women, girls and babies being sold into the sex trade, the federal government solicited research to prove: (1) the involvement of family members in their victimization; (2) the level to which domestic violence is linked to the sale of Indigenous women into the sex trade; and (3) even where they are investigating gang involvement, it is within the context of family involvement of the trade of Indigenous women. The parameters of the research excludes looking into federal and/or provincial laws and policies towards Indigenous peoples; funding mechanisms which prejudice them and maintain them in the very poverty the research identifies; and negative societal attitudes formed due to government positions vis-à-vis Indigenous women like: – rapes and abuse in residential schools; – forced sterilizations; – the theft of thousands of Indigenous children into foster care; – the over-representation of Indigenous women in jails; – and the many generations of Indigenous women losing their Indian status and membership and being kicked off reserves by federal law. The research also leaves out a critical aspect of this research which is federal and provincial enforcement laws, policies and actions or lack thereof in regards to the reports of murdered, missing and traded Indigenous women, girls and babies. The epic failure of police to follow up on reports and do proper investigations related to these issues have led some experts to conclude that this could have prevented and addressed murdered, missing and traded Indigenous women. Of even greater concern are the allegations that have surfaced in the media in relation to RCMP members sexually assaulting Indigenous women and girls. http://www.cbc.ca/news/canada/british-columbia/story/2013/02/12/bc-human-rights-watch-abuse-report.html This MERX Request for Proposals is offensive and should be retracted and re-issued in a more academically-sound manner which looks to get at the full truth, versus a federally-approved pre-determined outcome. It’s time Canada opened up the books, and shed light on the real atrocities in this country so that we can all move forward and address them.

  • Human Rights Museum or Harper Propaganda Show?: Genocide in Canada Denied

    Canada has a dark history – one which begins long before Confederation in 1867. The state of Canada, which was previously a British colony, was only made possible by the theft of Indigenous lands and resources, and the genocide of Indigenous peoples. While some government officials will admit that some of their laws and policies may have resulted in assimilation, you will never hear any of them speak of their elimination policies which resulted in genocide. What is the difference between assimilation and elimination? Assimilation is when one group (usually the colonizing settler government) tries to force another group (Indigenous peoples) to abandon their culture, language, values, traditions, practices and beliefs for those of the colonizer. Policies like residential schools, resulted in the disruption and loss of Indigenous language and culture. This can and has resulted in inter-generational trauma in many Indigenous families, communities and Nations. Elimination policies are much more direct. The scalping bounties issued in the Atlantic region for the scalps of Mi’kmaw men, women and children were meant to physically eliminate Mi’kmaw peoples. The distribution of smallpox blankets to Indigenous peoples were meant to physically eliminate Indigenous peoples through the ourposeful spread of a deadly disease. Similarly, the forced sterilization of Indigenous women in Canada without their knowledge and consent was also meant to eliminate any future population of Indigenous peoples. These are what have been called elimination policies. Some will debate whether the residential school policy was a policy of assimilation or elimination, but I argue that it was both. The physical abuse for practicing one’s culture is a form of forced assimilation; whereas the starvation, torture and medical experiments conducted on the children which resulted in upwards of 40% of the children dying, is elimination. Whether it is assimilation or elimination, all of the acts fit under the definition of genocide as noted in the UN Convention Against Genocide.

    Article 2

    In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

    http://www.hrweb.org/legal/genocide.html

    If you look at any of the criteria, Canada has committed acts under each which can be defined as genocide. The colonizing governments have: (a) purposely killed Indigenous peoples (smallpox blankets, residential schools, scalping bounties, starlight tours); http://www.cbc.ca/news/canada/story/2013/02/18/residential-schools-student-deaths.html (b) have caused serious bodily harm (residential school torture, deaths and beatings in police custody, medical experiments in residential schools and in First Nation communities); http://www.theglobeandmail.com/news/national/hungry-aboriginal-kids-adults-were-subject-of-nutritional-experiments-paper/article13246564/ (c) deliberately inflicted conditions meant to bring about death and illness (chronic under-funding of essential human needs like water, sanitation, housing, and food); http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 (d) prevented births (forced sterilization of Indigenous women); http://www.naho.ca/documents/naho/english/publications/DP_womens_health.pdf (e) transferred children our of Indigenous communities (residential schools, massive 60’s scoop where kids taken and adopted into non-Indigenous families,  current policy of child apprehensions); http://www.originscanada.org/the-stolen-generation/ Thus, if the new Canadian Museum for Human Rights will not use the term genocide to describe what Canada has done to Indigenous peoples in Canada, then its own credibility will be called into question. A few staff members at the museum do not have the right decide how history will be presented. The grisly facts about Canada’s treatment of Indigenous peoples is something that must be recognized and accepted if there is any hope of moving forward in a good way or at least in a way which does not repeat the atrocities of the past. One does not have to look too far to find the real reason why the museum will not use the word genocide – it is Crown corporation, i.e., an arm of the government. The museum staff are quoted as saying: “as a Crown corporation, it’s important the museum’s terminology align with that of the federal government”.This Harper government’s modus operandi is to control information, silence opposition and present propaganda instead of open, accountable fact-based reports. http://www.winnipegfreepress.com/local/cmhr-rejects-genocide-for-native-policies-217061321.html While the museum appears to be relying on the fact that Canada has refused to acknowledge that its policies against Indigenous peoples were genocide, they should also note that those governments and politicians who have committed genocide in other parts of the world never admitted their illegal activity either. Canada will never admit wrong-doing unless and until it is brought to justice. Even Canada’s watered-down residential schools apology was quickly followed by a denial that any cultural genocide took place. http://aptn.ca/pages/news/2011/10/27/residential-schools-saganashduncan-apologize/ There is little point in even opening this museum if its only purpose is to act as a propaganda machine for the federal government. We can expect little more than government-approved pictures, displays, and histories if even the terminology are going to be censored. Why waste all that money, when one could simply log on to the Harper government website and read the propaganda directly? The continued denial of genocide in Canada, against the weight of much academic research and evidence, shows that Canada (the government) has no real interest in moving forward in a respectful relationship with Indigenous peoples. In fact, all of Harper’s actions to date indicate a desire to go back in time and resurrect old assimilation policies. Perhaps this is the real reason why Harper does not want the museum to educate Canadians about the truth? http://rabble.ca/blogs/bloggers/pamela-palmater/2012/09/harpers-manifesto-erasing-canadas-indigenous-communities

  • Eyes Wide Shut: Chasing Section 35 and Ignoring the War

    Ok, so it’s been four months since the Assembly of First Nations (AFN) election for National Chief and the honeymoon period is officially over. I simply can’t stay silent any longer about where we are and where we are headed as First Nations. If we don’t take action now, even if that means speaking out and risking unity, then it is our First Nations citizens on the ground who will be the ones who continue to suffer from our political inaction. Harper’s aggressive actions since the election more than proves Harper’s real agenda – to once and for all eliminate the “Indian problem” – and it’s do or die time for us. http://indigenousnationhood.blogspot.ca/2012/09/harpers-indigenous-manifesto-erasing.html With respect, I take serious issue with any claim that there was “momentum” between Harper and First Nations prior to the Crown-First Nation Gathering (CFNG) that has suddenly withered since the AFN election. There was no momentum on any key issue of importance to grassroots First Nations peoples or First Nation leaders. Every single action Harper is pursuing against us right now, he started well over a year ago. It seems incredulous that NC Atleo would all of sudden decry the flurry of federal legislation being imposed on our First Nations when the majority of these bills were introduced into the House or Senate prior to either the CFNG or the AFN election. Don’t forget, mention of some of these pieces of legislation were made at the CFNG in Harper’s speech – I didn’t hear Atleo say anything about it then. http://www.cbc.ca/news/canada/story/2012/11/15/pol-cp-first-nations-atleo-harper-letter.html Similarly, with the substantial funding cuts to First Nation political organizations and those being implemented now at the individual First Nation level – we KNEW that this was Harper’s plan. This was not a shock to the AFN. The problem was never lack of knowledge, instead it was a complete failure to have a strategic action plan in place. That is not to say AFN could have single-handedly reversed those funding cuts, but for weeks since their announcement they had weak to no response. It is only now that there seems to be some outcry from the National Chief. But outcry or not, where is the plan? http://metronews.ca/news/canada/434784/atleo-pitches-plan-to-move-beyond-indian-act/ This is where things get progressively worse – Atleo’s new “plan” would have us locked into decades-long self-government negotiating processes which would indebt our First Nations by millions of dollars and trap us there, lest we want to be put into third party management for failure to pay. What about the First Nations citizens on the ground? Where is the plan for the current housing and water crisis? Our people need to have at least the basic necessities of life – where are their voices and priorities reflected? True, some First Nations are doing fairly well on some fronts, but we cannot ignore the multiple over-lapping crises right before our eyes. Many of our people are suffering from homelessness, over-crowding, lack of water, sanitation, food insecurity, the theft of their children by child and family services at alarming rates, many murdered and missing Indigenous women and the over-imprisonment of our men, women and youth. How much worse does it have to get before we shift our focus back to our peoples? http://indigenousnationhood.blogspot.ca/2012/10/indigenous-nations-urgent-situation.html Has AFN even thought about what a section 35 agenda would mean? First of all, it is focused on Canadian law and interpreted by Canadian judges. It should be no surprise then that the majority of the Supreme Court of Canada (SCC) cases have followed a very specific pattern: (1) They always specifically or indirectly protect Canada’s sovereignty; (2) They arbitrarily make up new sui generis (unique) law to ensure our rights can squeeze into Canadian law versus any recognition of our own laws; (3) The cases transform First Nations from sovereign Nations and governments to cultural entities frozen in pre-contact times that must be reconciled with Canadian sovereignty; (4) Whenever a principal or finding goes in our favour, it will inevitably be limited, redefined and reduced to an almost unusable right in subsequent cases. Take for example, the Indian priority in Sparrow which came second only after conservation. In Delgamuuwk, our priority sank to last after every other possible priority including: agriculture, forestry, mining, hydroelectric power, environment, infrastructure and settlement. (5) The section itself requires the extensive, costly litigation of our rights on a right by right, species by species and First Nation by First Nation basis. Many of these cases take decades to resolve and even once they hit the SCC, it is not uncommon for them to send the case back to trial. Even then, we are the only group subjected to re-hearings like in Marshall II which substantially altered the original court win. So, what is it about section 35 that offers an alternative to the current situation? Do they not realize that First Nations are the only entities with real sovereignty here? Canada knows this and is desperately buying up the rest of our lands through claims and securing its own sovereignty agreement by agreement. Canada is slowly piecing together their ownership and sovereignty, and some of us are allowing them to do that. I am not saying that they have offered any alternatives, but we don’t have to accept what they thrown down. In order to speed up the process Canada will introduce the First Nation Property Ownership Act so we can surrender the last of our lands. What about any of this is a plan forward? Atleo’s “plan” also calls for a National First Nations Auditor – seriously? That is nothing more than trying to please the government’s obsession with trying to make all First Nations look corrupt.Try selling that as a solution to a northern Ontario First Nation whose school is falling apart; or a flooded Manitoba First Nation whose residents have been displaced for many months; or a Saskatchewan First Nation whose water is contaminated. Who cares about another national First Nation entity which will benefit the CEO, its few employees and serve a relatively minor number of First Nations. Think of the First Nations Tax Commission, the First Nations Statistical Institute, and all those other “national” organizations located in British Columbia. We don’t need a First Nation bureaucracy on top of the massive Indian Affairs bureaucracy we have now. We are not one nation of people – we are many Nations with our own sovereignty(s). We have laws and governance systems which makes us strong Nations. We need to act on that strength, in different ways, in different territories, and according to our own laws and priorities. If we can’t stay focused on living and acting on our sovereignty everyday, then we’ll be easily led down the colonizer’s path of chasing “equality”, “section 35”, and other government carrots – while missing the war going on around us. Make no mistake, our peoples are the casualties in this war and things are growing steadily worse on all socio-economic fronts. The status quo is killing our people and has been for quite some time. The problem is that Harper has changed the status quo and things are about to get much worse. http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 Unbelievably, the AFN only now appears to be realizing that Harper’s full-blitz attack on First Nations has some “potential for harmful impacts”. This means that nationally, we are way behind in this war. The AFN has had many opportunities to take a stand over the last few years and has failed to do so each time. That is not to say that individual regions or First Nations have not been raising the alarm bells – in fact, some had to very publicly withdraw from Atleo-Harper education plan in order to preserve their treaty and inherent rights. There are also thousands of First Nation community members who want to see their leaders lead and are willing to stand behind their Nations – but they need to be inspired to action. There can be no more delays – we need action. Our peoples deserve better than our fear, hesitancy and wilful blindness to their suffering. We cannot chase Canada’s section 35 illusion with eyes wide shut. Harper is presenting us with a false choice: Indian Act or assimilation and some of us have fallen into the trap of letting him define our options. We need to take stock of where we have been, the situation we created by allowing this to happen, own it, and move forward. None of us as individuals have all the answers – but we are lucky, we still have the strength of our collective Nations to stand beside us. Let’s do this for our peoples and our Nations.  “When it comes to confronting our imperial realities some of us want to reform colonial law and policy, to dull that monster’s teeth so that we can’t be ripped apart so easily.” “Some of us believe in reconciliation, forgetting that the monster has a genocidal appetite, a taste for our blood and would sooner tear us apart than lick our hands.” “I think that the only thing that has changed since our ancestors first declared war on the invaders is that some of us have lost heart against history and against those that would submit to it.” “I am with the warriors who want to beat the beast into bloody submission and teach it to behave.” (Excerpt from: Taiaiake Alfred, Wasase: Indigenous Pathways of Action and Freedom (Toronto: University of Toronto Press, 2005).

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

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

    CFNG Gathering Speech

    INAC-AFN Joint Action Plan

    Shared Funding Priorities

    Treaty relationship

    Meaningful dialogue on treaties

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

    Change rules in education

    National education panel to discuss legislation

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

    Change FN accountability

    Accountability of FN governments

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

    Focus on economic development

    Unlocking economic potential

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

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

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

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

  • Land Wars 2: Attack of the Fringe

    The right-wing fringe are in full-swing these days. From He-who-shall-not-be-named’s racist, hateful tirades about First Nations on TV to the fringe right’s fav policy institutes’ lowly insults and name-calling of First Nation academics and activists on Twitter – they are working hard to spread their venom to a vulnerable public. I say vulnerable, because a large segment of the Canadian public is uneducated about Indigenous issues. This means they are open to be persuaded by the well-funded, flashy right-wing propaganda that has infected much of the mainstream print and TV media. What has got all the fringe right-wingers all a-buzz recently? It is the Harper government’s plans to divide up reserve lands into individual parcels of land (fee simple). The idea comes from Tom Flanagan’s book: Beyond the Indian Act: Restoring Aboriginal Property Rights. http://reviewcanada.ca/reviews/2010/04/01/opportunity-or-temptation/ As I wrote in my last blog, the act is to be called the First Nation Property Ownership Act (FNPOA) and has the potential to destroy First Nation communities, but is being promoted as the answer to our woes. http://www.indigenousnationhood.blogspot.ca/2012/08/flanagan-national-petroleum-ownership.html The person behind the idea, Tom Flanagan, who was also an advisor to PM Stephen Harper, now uses Manny Jules (head of First Nation Tax Commission) to do most of the public promotion of FNPOA. Why? Because Manny Jules is a First Nations man, who is the former chief of Kamloops First Nation and the idea is that it will be easier to sell assimilation to First Nations if a First Nations person does it. http://fntc.ca/index.php?option=com_content&view=article&id=4&Itemid=7 The idea itself is not new. It’s the same idea Flanagan promoted in his book First Nations? Second Thoughts, except in his first book, his overt racist depiction of First Nations didn’t gain his ideas the support he had hoped. He has not given up on his idea to assimilate First Nations, he is just less overt about it now. In his mind, resistance to assimilation is futile. http://walrusmagazine.com/articles/the-man-behind-stephen-harper-tom-flanagan/ His idea is copied from Hernando de Soto who has travelled the world trying to convince Indigenous peoples that endless riches can be found in giving up their communal lands in exchange for individual fee simple holdings. It appears from all the research to date that these communities are far worse off after they have divided up their communal lands. So, naturally, this sounds like a great plan for Harper. In fact, some reports have shown that increasing the level of westernized legal concepts of property rights in communities with extreme poverty, “can actually lead to greater exploitation”. Other reports note that the impact of De Soto’s idea ranges from ineffectual to very “harmful”. But, we have to get real about what this idea is all about. The plan is not to create super wealthy, powerful Indigenous communities – it is for the maximized economic benefit of the political and corporate power-brokers all over the world. The very objective of this plan is to open up Indigenous communal lands for mortgaging, credit, loans, liens, seizures, taxation and for economic development in the form of mining and pipelines. This “unlocking” benefits banks, investment companies, the extractive industry and government – not Indigenous peoples. A few low-end labour jobs and a couple of education scholarships are the new beads and trinkets of today, especially when you consider that the corporate industry takes home trillions all over the world. This proposed bill (FNPOA), like the many others being drafted, introduced and debated without First Nations’ review or approval, is the core part of this assimilation plan. It will disperse First Nation communities faster than a police riot squad hose can disperse environmental protesters. Similar legislation has devastated Indigenous land holdings in the United States, some of them irrevocably. Canada’s magic key (also known as the land claims negotiating policy) is that once Indigenous lands transfer to “third parties” for any reason, they are gone forever. You will hear a great deal of media on this subject. The right-wing fringe literally drools at the thought of finally assimilating Indigenous peoples once and for all – more money, land and control for those who already have more than they need. They can’t wait to impose their pipelines across any territories they wish. Instead of informed, educated, fact-based discussions, they have and will likely continue to engage in their usual name-calling, smearing, belittling and taunting of Indigenous academics, community members, leaders and activists. We must keep in mind those Conservative right-wing fringe groups are the 1% mega-rich of settler societies who can buy and control just about anything – newspapers, TV stations, research, conferences, policy institutes, think tanks, economic institutions and politicians. They have large think tanks and private strategy meetings to discuss and implement their own plans. The closer we get to the truth about their activities, the more frantic and desperate will be their attacks. They will cowardly threaten, defame, ridicule and misinform – and it will be relentless. On our side, we have our communities – who, for all the hardships, difficulties, tragedies and poverty, still have our identities, cultures, languages, beliefs, spiritualities, practices, traditions, laws, economies and governments. We are so much stronger than those who wish to assimilate us. Even in our suffering we find the strength to hold on to who we are, we defend our sovereignty, treaties, lands, waters and skies and we refuse to give up. Our Indigenous Nations have thrived here since time immemorial and we will thrive again. Our ancestors left us everything we need to guide us and protect our future generations. We can do this. Don’t get distracted by the noise and drama of the right-wing fringe groups who seek to profit on our suffering. Many of them only do so because their media ratings (i.e. salaries) and “online hit count makes it worthwhile”. We have to focus on the issues before us, work together, help build each others’ knowledge and capacity and empower one another. We all have skills we can use to help better our families, communities and Nations. Make no mistake, this bill is a modern form of land war that will be waged on our Nations. I for one, will do everything in my power to stop this legislation. I will keep researching, publishing, speaking about it, answering questions and dispelling myths. I am often criticized for the volunteer work I do for First Nations. One prominent BC chief once said publicly that that “you get what you pay for with volunteers – they are worthless”. I hold the opposite view. I have a strong Mi’kmaw identity and attachment to my culture and Mi’kmaw Nation. I am blessed with a supportive extended family and strong, healthy children. I worked hard as a single mom to earn an education (four university degrees) and was lucky enough to find a good paying job. I am grateful to the Creator for my warm house (on traditional Indigenous territories) and access to healthy food and clean water. Coming from a situation where I lived on welfare with my two babies in a flooded, mouldy Aboriginal house which made my babies very sick – I appreciate what we have now. None of this makes me any more or less Mi’kmaw, but it does highlight my responsibility to do the most that I can do for our peoples. I have certain blessings that put me in a position where I am obligated, according to Mi’kmaw ways of being, to give back and help build up the Mi’kmaw Nation and other Indigenous Nations and peoples in Canada. So I will continue my volunteer work – regardless of the threats, slander or attacks from the fringe who just can’t comprehend our Indigenous collective loyalties to one another and our lands, waters and skies.

  • Flanagan National Petroleum Ownership Act: Stop Big Oil Land Grab

    By now most of you have heard about the Harper government’s intention to introduce legislation that will turn reserve lands into individual holdings called fee simple. The legislation has been referred to as the First Nation Property Ownership Act (FNPOA). Some media outlets have referred to it as “privatization” but what the legislation would really do is turn the collective ownership of reserve lands into small pieces of land owned by individuals who could then sell it to non-First Nations peoples, land-holding companies, and corporations, like Enbridge for example. The idea is not a new one. Hernando de Soto has been trying to sell the same idea to Indigenous populations all over the world. The evidence seems to show that the Indigenous peoples are far worse off for it. Prior to de Soto’s destructive world tour, the Indigenous Nations in the United States suffered the sting of fee simple legislation in the Dawes Act. Once the lands were given to individuals, the lands were subject to state laws. The same would happen in Canada where the lands would be subject to provincial instead of federal law. The primary purpose of the Dawe’s Act was to assimilate Indigenous peoples in the USA by breaking up their Indigenous governments. The legislation allowed the government to divide up communal lands into small parcels to be held by individuals. It has been described by historians as: “the culmination of American attempts to destroy tribes and their governments and to open Indian lands to settlement by non-Indians and to development by railroads” (Oklahoma Historical Society). In the Canadian context, similar legislation will open up “Indian lands” for big oil, gas and mineral extraction. I have referred to FNPOA as the Flanagan National Petroleum Ownership Act for two reasons: (1) the name of the Act (FNPOA) comes from the book Tom Flanagan co-wrote (with Andre LeDressay and Chris Alcantara): “Beyond the Indian Act: Restoring Aboriginal Property Rights” and (2) the Act will do more to open up reserve lands to oil, gas and mining companies than it will bring prosperity to First Nations. For those who don’t know, Tom Flanagan is a right-wing anti-First Nation academic who has written about and spoken out against First Nations in a very overtly racist and derogatory fashion, and often lacks a sound factual or academically-sound research basis. Flanagan’s book was fully endorsed by Manny Jules, a First Nation man and former chief of Kamloops Indian Band and is now the head of the First Nation Tax Commission (FNTC). The FNTC, contrary to its name, is actually a federal organization, whose chief commissioner is appointed by Canada’s Governorin-Council and reports to Indian and Northern Affairs Canada (INAC). http://appointments.gc.ca/prflOrg.asp?OrgID=FNN&type-typ=1&lang=eng Aside from a salary of over $200,000, it is also notable that in the recent round of Conservative cuts to Aboriginal organizations, Jules’ FNTC was protected from substantial cuts. The political and financial links between the FNTC and the federal government’s intended legislation become apparent when one reads Flanagan’s book in its entirety. Here is an excerpt from my published review of the book: “In fact, the book concludes by affirming that ‘there is little doubt that this proposal is a continuation of the First Nations–led initiatives of the 1990’s’ … And, if First Nations require any assistance in catching up to the modern world, the book suggests that they use the services of Le Dressay’s Tulo Centre of Indigenous Economics. (Located in Jules’s home community of Kamloops, this centre was created out of a First Nations Tax Commission project he chaired.) It should come as no surprise that one of the keys to success of the authors’ proposal for the First Nations Property Ownership Act will be to create additional centralized institutions, to take over the new jurisdiction it also creates.” http://reviewcanada.ca/reviews/2010/04/01/opportunity-or-temptation/ The media will no doubt be publishing many editorials, opinions and commentaries on this issue in the coming weeks until the bill is introduced in Parliament. Many of these articles, especially those from the right-wing fringe will leave out a great deal of context, perpetuate the same myths that Manny Jules and Tom Flanagan do and will settle for the catchy headlines instead of help inform the public about the serious issues involved. Here are some of the questions asked of me by the media and my answers in very brief form (more detailed answers will be provided in my forthcoming publication): (1) First Nations hate the Indian Act, why would they object to Harper amending or repealing the Act? The abolishment of the Indian Act was the central feature of the 1969 White Paper – the federal policy that would assimilate “Indians” once and for all. It is up to First Nations to decide when and how they want to amend or repeal the Indian Act – Canada has done enough damage under the guise of “what is good for the Indians”. Harper specifically promised at the co-called Crown-First Nation Gathering that: “To be sure, our Government has no grand scheme to repeal or to unilaterally re-write the Indian Act”. This legislation would be a significant and unilateral amendment to the Indian Act. (2) But First Nations can’t access mortgages or start businesses without owning land in fee simple? That is simply not true. Individual band members have been working with their First Nations and the major banks to obtain mortgages to build homes on reserve for many years. Many band members and bands have also been able to receive loans from banks to start businesses without leveraging their homes. One must also remember that owning a home doesn’t mean you can open a business on your land – there are zoning and other laws on reserve as there would be in any neighborhood. (3) But Canadians get to own land in fee simple? Canadians have the option to own land in fee simple only if they are wealthy enough to buy land or qualify for a mortgage. Thousands of First Nations people also own land in fee simple all over the country. Some First Nations people also hold land via Certificate of Possession on reserve which is very similar to fee simple, except that it can’t be sold to non-First Nations people. (4) But if First Nations could own land in fee simple, wouldn’t that cure the housing crisis? This ability to own land in fee simple has not cured homelessness in Canada and in fact, it is on the rise. The ability to hold reserve lands in fee simple would not qualify any individual for a mortgage. Part of getting a mortgage is being able to get insurance – who would insure a mold-infested, abestos-contaminated home without running water or sanitation services? This sounds like more of a cure for the economy and mortgage lenders than it does for First Nations. (5) But commentators have said this would cure First Nation poverty? The origins of the current crisis of poverty in First Nations are in the theft of our lands and resources, the genocide committed against our people, the federal strangulation of our governments and the refusal to properly recognize and provide space for our treaty, Aboriginal, and inherent rights and laws. Fee simple has nothing to do with it. There is absolutely no evidence that fee simple ownership has cured poverty. In fact, the studies have shown that the chronic underfunding of essential social services by the federal government is the primary cause of the current levels of poverty in First Nations. http://pi.library.yorku.ca/ojs/index.php/crsp/article/view/35220 (6) But Manny Jules and 8 other First Nations want this legislation? With all due respect, Manny Jules heads a federal government organization – he is not a First Nation leader or community spokesperson. If there are a handful of First Nations who truly want to divide their reserves into individual parcels of fee simple lands, they can do so via current processes under the Indian Act or self-government negotiations for example. There is no way that 8 First Nations should set national law or policy for 633 First Nations. Treaty implementation and the resolution of land claims are far more critical to First Nation well-being. http://www.bctreaty.net/unfinishedbusiness/pdf-documents/BC-Treaty-Commission-PricewaterhouseCoopers-Report.pdf (7) But isn’t the legislation optional? What’s the harm? With INAC, even optional laws and policies are never truly optional. Once the government decides it wants First Nations to behave in a certain way, they use a series of financial and political incentives and punishments to ensure First Nations act as the government deems appropriate. With THIS Harper government, the focus would be more on punishments and they would be severe for failing to conform. For example, First Nations could voluntarily enter into Act XYZ or fail to receive funding associated with that program or service. Plus, the element of volunteerism does not apply in a situation of duress. Is it truly optional to sell one’s land if one is already impoverished and suffering from a lack the basic necessities of life? Even Manny Jules admitted that one of the challenges of this bill is that all reserve land could be lost: http://www.cbc.ca/player/News/TV+Shows/The+National/ID/2189503699/ Jules wants First Nations people to prove to banks that they are “worthy” of owning a home. WOW! (8) What are your other concerns related to FNPOA? – Canada does not have the legal authority to pass such a bill in violation of both Aboriginal and treaty rights, the Royal Proclamation, and UNDRIP; – they haven’t thought about the legal, political, social or cultural implications of such a law (for example – exactly who would get the fee simple parcels of land?); – Canada has not learned from history – the Dawes Act devastated First Nations in the USA – why would it be better here; – this is Harper’s political agenda to once and for all assimilate Indians and turn reserve lands into provincial land holdings and jurisdiction; – this bill would also help Harper end-run the duty to consult and accommodate re oil, gas and mining on our lands, undermine our leadership and empower corporations like Enbridge to lay their pipes wherever they want; – turning reserves into fee simple parcels registered in provincial land registries under provincial law would enable easier expropriation of our lands for big oil and gas companies like Enbridge; – FNPOA, together with other bills in process: Bill C-428 impacting by-laws, estates & education, Bill S-6 re elections, Bill S-2 re matrimonial real property, Bill C-27 re First Nation accountability, Bill S-8 re First Nation water, and the First Nation Education Act to come essentially change the entire legal and political landscape for First Nations – unilaterally and against our collective will. First Nations have the right to free, informed and prior consent to any laws, policies, decisions or actions that impact our lands and resources. This means that if we don’t want Enbridge or any other extractive industry on our lands – that is our decision to make. Our people will not allow big oil to use FNPOA as a land grab to circumvent our rights. There is simply nothing good about this bill and much to be lost from it. People need to stop coming up with ideas about how to “fix” us as we always end up worse off for it. Canadians are not required to understand or even support our inherent, treaty, domestic and international rights – they just have to accept that this is the law, not unlike any of the laws they cherish. Canada needs to stop trying to assimilate us and instead focus on fulfilling its legal and treaty obligations instead of trying to find ways around them. I think we have suffered enough – let us go about the hard job of healing and rebuilding our Nations and enjoy our fair share of what is ours. Additional resources: http://www.cbc.ca/player/News/TV+Shows/The+National/ID/2173712911/ http://www.cbc.ca/player/News/TV+Shows/The+National/ID/2189503699/ http://soundcloud.com/el-chaos/pamela-palmater-reserve-vs-fee-simple-land