The subject of racial purity is such a large one that it would be impossible to do it any justice in a simple blog. Similarly, the idea of using blood quantum to determine an individual’s identity and right to belong to their community is so complex that all I can expect to accomplish with this blog is provide food for thought. However, for those who are interested, I am currently editing my book on this subject in the hopes of publishing it sometime in 2010. Over the last few weeks, Aboriginal and non-Aboriginal media have picked up a story that strikes at the heart of what it means to be an Aboriginal person in Canada. Are Mohawks, Mi’kmaq, Cayuga, Cree and Maliseet the biological result of nothing more than a simple formula to determine one’s blood purity – or does being Mohawk have more to do with common histories, ancestors, and territories or the sharing of common languages, customs, traditions and cultures? The Mohawk Indian Band Council in Kahnawake, through its Indian Act chief, Mike Delisle, have once again communicated the message that they are a blood club. However, before I deal with the core issues, a little context is necessary. Kahnawake, unlike the majority of bands in Canada, post their membership rules on their website for all to see. Most bands who have their own membership codes do not post their codes publically and sometimes refuse to provide copies to their own band members and/or potential band members. By way of anecdote, I have been sending letters to my own band for several years attempting to obtain both a copy of their membership code and an application form so that my children and I can apply. My phone calls and letters continue to go unanswered. I share this experience with a great number of band members and potential band members who attempt to seek information from their communities to no avail. I have to give credit to Kahnawake for making their membership code public and easily accessible to their members and potential members alike. According to the Indian Act, 1985, band membership is generally given to status Indians who are associated with a specific band upon their application to have their name entered on the band list. This list is maintained by Indian and Northern Affairs Canada (INAC). However, pursuant to section 10 of the Act, bands are permitted to enact their own membership codes and maintain their own band lists, so long as they have a community vote and the majority votes in favour of the code. Their initial code must be submitted to INAC for approval, but once that is done there is no further requirement for bands to submit updated or amended codes. It took me many years of dealing with INAC’s Access to Information and Privacy (ATIP) process, but I was finally provided with all the band membership codes in Canada. Having read every single one, I can tell you that blood quantum is not a common criteria. Getting back to the issue at hand, there have been numerous headlines about Kahnawake’s decision to evict non-Mohawks. The key issue appears to be that Kahnawake has a rule that no non-Mohawks can live on their reserve. Yet, Mohawks are still marrying out, having common law relationships with non-Mohawks and having children with non-Mohawks. As a result, Kahnawake has delivered notices to a group of non-Mohawks advising them that they are to be evicted. Some of the headlines I have seen recently include: “If you marry out, you move out” “Why Mohawks evict non-Natives” “Racism on the reserve” “Kahnawake non-Mohawk eviction deadline looms” “Mohawk Chief denies ethnic cleansing” “Natives only please” “Not Native, then leave reserve Mohawks say” So, is it non-Mohawks who must leave the reserve, or non-Natives? If the answer is non-Mohawks, then what is a non-Mohawk? If it’s non-Native, how does the inclusion of other non-Mohawk Aboriginal peoples (like Mi’kmaq) further Kahnawake’s goal of Mohawk identity preservation? One would assume that a non-Mohawk is a non-Aboriginal person. Many of the reports noted above appear to indicate this is the case. However, if this residency rule is applied “evenly”, then it might also apply to Mohawks who don’t meet the blood quantum requirement for band membership. But what about Aboriginal people who are not Mohawks? What happens if a Mohawk woman lives with a Mi’kmaq man? Mi’kmaq people are not Mohawks. They have very different cultures, languages, customs, traditions and territories. Yet, it is my understanding that Mi’kmaq people who are married to Mohawks can apply to transfer their band membership from their Mi’kmaq band to the Kahnawake band. This is the same for any band member across the country. If this is the case, then what Kahnawake is really protecting is a generic “Indian” identity and not a Mohawk one after all. More than that, the majority of Indian bands in Canada do not explicitly use blood quantum to determine membership. But they do use the Indian Act rules, which since 1985 include a second-generation cut-off rule which amounts to a blood quantum rule of 25% or 1/4 blood. It is quite foreseeable then, that an Aboriginal person who is a band member of some other reserve could transfer their membership to Kahnawake and become a “Mohawk” band member. This would mean that non-Mohawk Aboriginal people of less than 50% blood quantum could become “Mohawk” and have the right to live on Kahnawake, but actual Mohawk people with less than 50% blood quantum would be refused membership and possibly residency. Even worse, Mohawk band members who live with non-Mohawks could be forced to leave the reserve. Setting aside the interests of non-Aboriginal people for one minute, Kahnawake’s residency rules do little to advance Mohawk culture, and instead create situations of pain, heart-ache, division, exclusion, break-up of families, and loss of cultural connection. Not only is the rule an offence to the dignity of Mohawks who have non-Aboriginal partners, it is counter to their own Mohawk history, traditions and customs. The reserve could end up being comprised of “Mohawk” band members who are not Mohawk at all, while actual Mohawks must live off reserve. In much of the research that I have read about Mohawk people, and especially that of Kahnawake, sources seem to indicate that Mohawks were traditionally very inclusive in terms of citizenship and as a result, have a high degree of mixed ancestries in their community. Gerald Alfred wrote about the identity struggles in Kahnawake in his book “Heeding the Voices of our Ancestors”: Kahnawake as a community had traditionally been extremely receptive to the integration of outsiders. Mission records from the early period of the community’s history confirm that Mohawks at Kahnawake had continued the practice of adopting and assimilating captives, resulting in a diverse racial mixture within the Mohawk community. Even into the modern era, Kahnawake Mohawks accepted many non-Native people through marriage and among those residents who came to enjoy community membership and later formal recognition of this membership through inclusion as status Indians when the Indian Act system was implemented in Kahnawake during the 20th century. (p.163) Alfred explains that the community assimilated the racist ideas of the Indian Act in terms of what it meant to be an Indian – i.e. a Mohawk , and blended European notions of “race” with their desire to protect their cultural identity. As a result, some members of Kahnawake actually believe that blood quantum is the only way to protect their culture, despite the fact that this concept was completely alien to their traditional ways of viewing their identity and citizenship. Alfred concludes that part of the problem is that the community had not acknowledged the deep extent to which community members have internalized Indian Act ways of thinking and therefore do not realize that instead of rejecting the Indian Act, they are actually perpetuating it! How can a community expect to protect its culture if they can so easily turn their backs on their own children and grandchildren? In my opinion, some (not all) community members and leaders have been under the dark cloud of colonialism for so long, that it is hard for them to see their identity through any other eye, than that of the federal government – who, as we all know, designed the Indian Act and its policies with a view to assimilating Aboriginal peoples based on racist conceptions of blood purity. Colonial policies were designed to divide communities and families and impose a generic “Indian” identity on all Aboriginal peoples with a legislated formula designed to ensure their eventual disappearance. How ironic is it then, that the leaders in Kahnawake would adopt policies which accomplish the exact same thing? Kahnawake currently operates under the Indian Band Council governance system set forth under the Indian Act; it limits their territories with which they form an identity to the reserves that were created by Indian Affairs; they label their citizens as “band members” pursuant to the Indian Act, and they assert that the only real Mohawks are those with 50% Mohawk blood or more. In actual fact, Kahnawake’s rules speed up the assimilation process much faster than even the Indian Act rules! No wonder the Chief is worried that the federal government will walk on to their reserve one day and say “You’re not Indians anymore”. Using blood as the sole indicator of identity guarantees this eventuality. We are Nations within a Nation and our people will continue to live, love and interact with other Aboriginal and non-Aboriginal Nations. Intermarriage is a human right and fact of life. Perhaps it is time to acknowledge the damage done to our Aboriginal identities by Canada and the Indian Act; recognize how much of this racist thinking has been internalized to our ways of thinking about ourselves; and take steps to protect our real identities for the well-being of our present generations, for the benefit of our future generations, and to honour the identities of our ancestors.
Tag: Indian
-
Aboriginal Peoples in NB not Consulted on Proposed Sale of NB Power to Québec
The Premier of New Brunswick (NB) announced in 2009 that NB had signed a Memorandum of Understanding (MOU) with Hydro-Québec that would involve the transfer/sale of NB Power and/or its assets to Québec (or part thereof). Premier Shawn Graham explained that this is necessary for all New Brunswickers: “By entering into this agreement, New Brunswick is securing access to affordable, clean hydroelectricity, which will make the province’s economy more competitive and provide a cleaner environment for future generations of New Brunswickers.” The obvious question being: do New Brunswickers feel the same way? It is the province’s goal to enter into a legal, binding agreement with Hydro-Québec by March 31, 2010. I fail to see how the Premier could possibly finalize an agreement with Hydro-Québec by March 31, 2010, if he also plans on informing Aboriginal communities about how this deal might impact their Aboriginal and treaty rights, including their land claims and also engaging in proper consultations with them. It is not as if he hasn’t been given due notice that there are unresolved land claims in New Brunswick. Both on and off-reserve Mi’kmaq, Maliseet and Passamaquoddy peoples have informed NB about their land claims and that they expect to be consulted on decisions made by NB that could impact those claims and their Aboriginal and treaty rights. Firstly, NB signed a bilateral agreement with the Mi’kmaq and Maliseet Chiefs that had as its goal (in part) to: “facilitate communication and consultation between First Nations Leaders and their constituents and between the Province and its citizens” on a wide variety of issues. The very first item listed for discussion and consultation is “Land and Resources”. Given the reaction of the NB Chiefs in the recent media reports, it does not appear as if NB has lived up to its part of the deal. Secondly, the New Brunswick Aboriginal Peoples (NBAPC) which represents Mi’kmaq, Maliseet and Passamaquoddy people living off-reserve in NB was not included in the above-mentioned bilateral agreement. However, that does not absolve NB of its legal obligations to inform the off-reserve Aboriginal peoples represented by the NBAPC of the implications of this proposed deal, consult with them and accommodate their interests and concerns. As this was not done, Frank Palmater, a Director of the NBAPC sent a letter to the Premier in November 2009 reminding him of their outstanding land claim and NB’s legal obligation to consult with them before any decisions are made with regard to NB Power and its assets. It reads in part: ” As you know, the Mi’kmaq, Maliseet and Passamaquoddy Peoples in New Brunswick have never surrendered or ceded their traditional territories. They did not sign treaties which gave up rights to their lands, nor have they since settled a comprehensive land claim ceding their Aboriginal and treaty rights to their land in exchange for anything. In fact, as you also know, the NBAPC and other Aboriginal groups have received funding in the past to complete land claims research with a view to submitting a formal claim. All that was missing was the province of New Brunswick’s commitment to negotiate. I refer you to the book, Our Land: The Maritimes: The Basis of the Indian Claim in the Maritime Provinces of Canada, edited by former President of the NBAPC, Gary Gould and his collaborator, Allan Semple. The book publically asserted both a historical and legal basis of Aboriginal title in New Brunswick. The NBAPC has also advocated on behalf of its members with regards to their claims to Aboriginal title in New Brunswick. The fact that the province of New Brunswick has ignored our claims does not mean that we have not made those claims and maintain them. As you are aware, there are numerous legal cases that have been heard at the Supreme Court of Canada relating to fiduciary duty, the honour of the Crown and the duty to consult and accommodate with regards to Aboriginal peoples and their interests. …This duty to consult and accommodate applies regardless of whether our Aboriginal title right has been confirmed in court of law. The duty is triggered when the province of New Brunswick has “real or constructive knowledge” of the “potential existence” of the Aboriginal right or title claimed. Therefore, the province of New Brunswick must not only act honourably in all of its dealings with Aboriginal peoples, which includes the NBAPC, it must also consider both their historical and future relationship with Aboriginal peoples. This relationship has as its base, our treaties and our traditional lands upon which we currently share with the province. … Practically speaking, this means that our Aboriginal title to our traditional territories in New Brunswick act as a “burden” to the province’s title and, as such, it cannot be sold, traded and/or otherwise dealt with unless and until our underlying Aboriginal title claims have been addressed. In other words, you do not have the right to even consider the sale of NB Power and/or its assets to another province because NB Power and its assets sit on lands which are claimed by the Mi’kmaq, Maliseet and Passamaquoddy peoples in New Brunswick and the sale, trade or loan of NB Power and/or its assets can and will have a negative impact on our land claim once it is finally addressed. Moreover, it is also our understanding that there are various specific land claims relating to NB Power and/or its assets that have yet to be addressed. … Therefore, this letter will: (1) Re-assert our long-standing claim to Aboriginal title in the lands traditionally used and/or occupied by the Mi’kmaq, Maliseet and Passamaquoddy in New Brunswick, a right which is protected by section 35 of the Constitution Act, 1982; (2) Remind the Province of New Brunswick of its legal and moral obligations to act honourably and in good faith and to both consult with us and accommodate our interests with regards to the proposed sale of NB Power and/or its assets; and (3) Request that the Province of New Brunswick meet with us immediately to establish a process to finally address our long-outstanding Aboriginal title claim as well as our treaty and other rights in New Brunswick, before considering the sale of NB Power and/or its assets.” The Premier promptly responded to this letter on December 7, 2009 by indicating that no binding agreement had yet been signed and that NB, would in fact, be meeting with the NBAPC on this issue within the “next few months”. When the NBAPC failed to hear from the Premier, Frank Palmater sent another letter reminding him of the looming deadline and the province’s legal obligations to consult. Now, the Chiefs of New Brunswick are also pointing out the lack of consultation. For the benefit of all New Brunswickers: Aboriginal and non-Aboriginal, the Premier ought to slow down this run-away train and avoid a complete disaster (legally and politically) and take time to: (1) properly inform communities about the specific implications of this proposed deal; (2) consult in an appropriate manner; and (3) accommodate the interests, rights and concerns raised during consultations. Our land and resources are worth at least the time it takes to have this discussion.
-
Amendments to the Indian Act's Registration (Status) Provisions
The federal government appears to be pursuing a course of amendments to the Indian Act’s registration (status) provisions that will not address all of the gender discrimination raised by Sharon McIvor in her court case (McIvor v. Canada). It would seem that the Minister of Indian and Northern Affairs Canada (INAC, the honourable Chuck Strahl, is relying on the court of appeal’s obiter to significantly reduce the amount of gender discrimination it will fix. The problem is that this minimalist amendment which is being contemplated will have the same effect as the 1985 amendments to the Indian Act (also referred to as Bill C-31). Bill C-31 was supposed to bring the Indian Act into compliance with the Canadian Charter of Rights and Freedoms (Charter) and its section 15 equality provision. As INAC did not address all of the gender discrimination in the Bill C-31 amendments, McIvor and others had no choice but to try to address the residual (remaining) gender discrimination in court. Despite both the trial and appeal court agreeing that there is still gender discrimination in the registration provisions of the Indian Act; INAC plans only to address a limited portion of that discrimination. What is even more troubling about this situation is that INAC specifically decided NOT to conssult with Aboriginal peoples on this issue. To my mind, there can be no more important issue to Aboriginal peoples that the right to determine their own individual, communal and National identities. The Indian Act’s past and current registration formulas are restrictive and meant to eventually eliminate all status Indians and their communities in the future. I include communities because the majority of First Nations determine membership based on the Indian Act’s registration provisions. It is my opinion that Canada does not have the right to determine our legal, social, cultural or political identities and certainly does not have a right to limit our numbers or create a situation whereby we can all be legally extinct within several generations (for some communities). So, we as individuals and communities must not silently acquiesce to this situation. I agree that once a government has it in its mind to legislate in a certain manner, that it is very difficult to change their minds. However, it is not impossible and we as grass roots Aboriginal peoples have the power to stand up for ourselves in our own right and in partnership with our communities, organizations and Nations. When Mohawk lands were threatended in Quebec, the warriors showed up to defend them. When the Mi’kmaq treaty right to fish was threatended in New Brunswick, the warriors showed up to defend that right. Yet, when the future of our identities and communities are themselves at risk – where are the warriors? Our Aboriginal women and children are being unfairly excluded from their legal identities and their right to belong to their Nations. Where are the warriors to defend these women? One would not be entitled to call themselves a warrior in the past if they could not protect the women and children of their communities. Some of our leaders sometimes raise concerns about the lack of land and resources of their communities. They somehow associate this lack of wealth with an inability to include Aboriginal women and children as band members. Monetary gain may be attached to land and natural resources, and not to our women and children, but who we are as Mi’kmaq, Mohawk and Maliseet peoples is not based on how much money we have as individuals or communities. The many ways in which we are Cree or Ojibway have absolutely nothing to do with money. An Anishnabek’s identity and belonging in one’s community is a fact which is determined long before one know’s if they can access programs and services or live on a reserve. What some Aboriginal leaders are missing is that limiting the “pot” to a select few members does not address their lack of capacity in governance, their lack of access to lands and natural resources or their lack of power generally within Canada. A Nation is built, in part, upon its strength in numbers and the loyalty it receives from its citizens. Slowly reducing the number of members a band has is no different than the slow extinction of status Indians. Aboriginal Nations cannot improve their capacity and power within Canada without a solid citizenship base. All limited numbers does is ensure that this generation has access to bigger per capita pay-outs and quicker access to housing on reserve. Not everyone wants to live on a reserve – in fact, many Aboriginal peoples live off-reserve BUT in their traditional territories. Not everyone wants their identities recognized for the per capita pay-outs – some people want to protect their identities, those of their children and their heirs and heirs forver, because protecting their identities mean protecting the integrity of the Aboriginal communities from which they descend. There is a very simple math – an Aboriginal community can’t exist without its citizens and restrictive status or band membership codes means that Aboriginal peoples will continue to lose power and capacity instead of rebuild their once very powerful Nations. While there may be roadblocks to rebuilding our Nations and healing our people, it is up to us to take action and protect ourselves and our future generations. Despite the constitutional promise to Aboriginal peoples to protect our cultures and identities for future generations, I wouldn’t rely on Canada to keep its promise – would you? Take action – start talking – get your community or organization involved – our future generations are depending on it!