Warrior Life Studios

Pam Palmater

Tag: Indigenous Nations

  • The Source of Our Power Has Always Been in our People – Not Voting in Federal Elections

    Since Canada is now in full blown election mode, one issue that has been getting as much attention as the election itself is the question of whether or not First Nations should vote. Some advocates claim that if all “Aboriginal people” voted, they could influence as many as 50/338 ridings. Those against voting question those numbers but also challenge the claim that how we exercise our “power” is by voting. As for me, I choose not to vote and do not believe that we should rest our hope on a federal election any more than we should an Assembly of First Nations (AFN) election. The whole point of sovereignty is that Indigenous Nations must assert, live, and defend our sovereignty, jurisdiction, and right of self-determination – not vote for federal politicians to do that for us.

    http://indigenousnationhood.blogspot.ca/2011/04/to-vote-or-not-to-vote-question-of.html

    I have had many lively debates with my family and friends about this issue and have heard a wide range of perspectives from Chiefs, elders, and community members all over Canada and the United States. There is certainly no consensus on the issue of voting in federal, provincial or state elections, nor should one expect there to be. As diverse, sovereign Nations, with distinct cultures, laws, values, governing systems, and traditions, we should expect as wide a variety of opinions as there would be at the United Nations on any given issue. I have never looked at the issue of voting as right or wrong – it’s just that we all have different views about how best to advocate for our people. I don’t think we should vote – others think we should. It’s not lateral violence, disrespect, or a radical boycott to believe firmly in sovereignty and choose to withdraw from oppressive Canadian processes.

    http://www.cbc.ca/radio/day6/episode-245-first-nations-voting-debate-spotting-lying-politicians-martin-short-on-robin-williams-and-more-1.3181885/first-nations-and-the-election-boycott-or-engage-1.3182006

    I firmly believe that the vast majority of our people who vote in elections or run as Members of Parliament do so with the best of intentions. They want the best for our people and see voting as an opportunity to get rid of the worst government this country has ever seen, or as a chance to vote for someone who is promising change. I look at heroes like the former MP Elijiah Harper who stopped the Meech Lake Accord, or current MP Romeo Saganash who worked on a bill to make the United Nations Declaration on the Rights of Indigenous Peoples l(UNDRIP) aw in Canada. Some of the most dedicated Indigenous activists whom I respect and admire also promote voting. This issue is not personal, nor should we allow it to be divisive. We owe it to each other to vehemently assert and defend strategic ways to advocate for our people – we just have different ideas about it.

    I believe strongly in our sovereignty and right of self-determination as Indigenous Nations. The United Nations emphasizes that we not only have the right of self-determination, but that this includes the right to freely determine our political status. That means we choose how we want to relate to the Canadian state – as citizens, Nations or something else. It is internationally recognized law that citizens don’t sign treaties with their nation-states – treaties are reserved for Nation to Nation relations. Both the Royal Proclamation of 1763 (which is now constitutionally-protected) and the historical treaties recognize our status as Nations. When I think about how I want to be represented at the negotiation table with Canada, I would much rather engage in Nation to Nation negotiations than as a stakeholder, interest group, or ethnic minority Canadian citizen.

    https://ricochet.media/en/534/first-nations-and-the-federal-election-an-exercise-in-self-termination

    Being a Canadian citizen has historically meant giving up one’s Indigenous identity, culture, spirituality, traditions, customs, practices, connection to the land, community, and Nation. For a short period, this was a voluntary choice – but for the majority of history, this has been a choice made for us by often brutal means. Defending our lands in Mi’kmaw territory meant being scalped. Speaking our languages in residential schools meant beatings, starvation, and sometimes death. Giving life to new generations of our people meant forced sterilizations for our women or the theft of our children by the thousands into foster care. We were never advocating for citizenship and voting – we were advocating to protect our sovereignty, lands, and peoples. When my father fought in WWII, he did so as part of our treaty obligation to defend the lands and peoples – not to gain a vote in federal elections. Our treaties are with the Queen, not Harper.

    http://ejournals.library.ualberta.ca/index.php/aps/article/view/22225

    Even once Canadian citizenship and voting rights were forced on us in the 1960’s, these rights did not afford us equal protection of Canadian law or justice. We have an ongoing crisis of murdered and missing Indigenous women, over-representation of our people in prisons, the highest rate of children in care, and socio-economic indicators have declined over the last 25 years. Every federal and provincial government that has ever been in power has failed to address any of these urgent social issues, let alone recognize Aboriginal title or Aboriginal and treaty rights. Voting in the oppressor’s regime has, not surprisingly, failed to end oppression. Yet, those in power in Canada would have us believe that our power comes from voting for them – as if they represent our Nations.

    http://www.theharperdecade.com/blog/2015/7/14/harpers-10-year-war-on-first-nations

    This leads to a very important question about power. Where does our power as Indigenous Nations to make change come from? Is it federal recognition as “willing partners” or “good Indians”, Indian status cards, voter registration cards, or the election of an MP of your political choice? Surely if this was the source of our power, we really would have died off a long time ago – as was the original policy objective. But if I listen to all the elders, former activists, youth and leaders, I have to conclude that we never would have survived Canada’s elimination and assimilation policies if we did not have a firm commitment to our identities, cultures, and sovereignty as Nations. Even today, for those who vote – they are voting for which party will be our next Minister of Indian Affairs. The political players are really secondary considerations given the complex construct of laws and policies and economic structures that exist to deny us our basic human rights, let alone our Aboriginal and treaty rights.

    http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?SessionID=899&Lang=en

    Our greatest source of power has always been and always will be in our people. It is our collectives that have kept our Indigenous Nations strong, helped us survive these long dark winters under colonialism, and have offered the best hope of change for the future. The most exciting and transformative times in our recent history have not been tied to voting in federal elections, but were linked to our very public collective actions against Canadian processes. Take for example the nation-wide protests against the 1969 White Paper which set out to assimilate First Nations; the Constitution Express against the constitutional talks of the 1980’s which were set to exclude First Nations; and most recently with Idle No More against Harper’s suite of legislation intent on destroying the environment. The power of our people even inspired Canadians to work alongside us in solidarity to protect our lands and waters, and basic human rights. Unions, teachers, doctors, scientists, academics, lawyers, and other civil society groups have all joined forces to demand justice in Canada for all – including First Nations.

    Canada’s last best hope at protecting our lands and waters for future generations rests with First Nations, not the other way around. First Nations voting in federal elections will not bring about the change we need. From the robo-call scandal, to changes in electoral rules to massive corporate infiltration of political parties – any concept of democracy in Canada is an illusion. Until the system is changed, voting in a corrupt system won’t bring about justice. That is why it is so important to this debate to focus on the facts – simply voting under a belief that it will solve these issues is not helpful. Some important clarifications:

    (1) To say “If all Aboriginal people voted” is not possible or realistic. Not all Canadians vote, why would anyone assume all Indigenous people would?

    (2) In Canada’s voting system you have to vote for an MP – you don’t actually vote for Prime Minister. This means, you would blindly vote for a political party, even if the MP him/herself was a crook. This has happened.

    (3) Election laws have changed to make it harder to vote for First Nations.

    (4) Electoral ridings have been changed for this election changing voter composition and number. Had the new ridings applied in last election, Conservatives would have gained 22 extra seats. Conservatives won the last election with 166 seats. For this election, they could lose 18 seats and still hold a majority government.

    (5) There is no direct link between voting and the reduction in poor socio-economic outcomes for First Nations as claimed by National Chief Bellegarde. Harper’s Conservatives had some very prominent Indigenous MPs and a Senator who towed the assimilatory party line.

    (6) Indigenous peoples are not apathetic. They have higher voter turn outs in their First Nation elections than Canadians do in their elections. Not voting in federal elections is not an issue of apathy or “lack of education” as National Chief Bellegarde claims.

    (7) Justice for Indigenous peoples should never be tied to forcing our participation in Canadian political processes. Our Aboriginal and treaty rights are protected under international law and pre-exist Canadian laws and political parties.

    http://www.cbc.ca/news/politics/federal-riding-boundary-changes-add-to-2015-election-intrigue-1.2888547

    That being said, I agree that the “Stalinesque” Prime Minister Harper must go. The situation is so critical in Canada that if he is not removed now, he could continue to do irreparable harm to Canada – which is bad for all of us. I understand the urgent call for everyone who possibly can vote, to vote out Harper. I think we can all agree that getting rid of Harper is one of the most important things Canadians can do to save their democratic institutions. . Harper is, after all, enacting unconstitutional laws, selling natural resources to foreign countries, and committing grave injustices and human rights abuses in our territories. As treaty signatories, we committed to protecting settlers from harm. Some of us feel that we have an obligation to act – the only difference of opinion is what that action should look like.

    http://www.nationalobserver.com/2015/05/18/news/harper-worst-prime-minister-history

    I would never tell someone not to vote, nor would I tell them not to run for a position as MP. I’m just saying that I won’t do that and if someone asked me what they should do, I would tell them that the best place to put all our energy is into our Nations. We should use all our education, skills, experience, knowledge, time, money and energy into advocating for our people, supporting our activists and leaders, healing our illnesses, rebuilding our communities, protecting our cultures and identities, defending the health of our lands and waters, and strengthening our Nations.

    Some Indigenous peoples believe that voting is the best way to address Harper’s frightening dictatorial regime, while others believe that resisting and withdrawing from Canada’s oppressive processes and strengthening our Nations is a better focus for our energy. That debate won’t be settled any time soon, and that’s okay. I think most of us can agree that the power of our people working in solidarity together – Canadians and First Nations – can force the changes we need to turn this ship around and restore justice in Canada for the benefit of our current and future generations. My actions don’t include voting, but I stand in solidarity with First Nations and civil society groups who are calling on Canadians to vote out Harper and demand better of whatever political party succeeds.

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

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

  • What is the Idle No More Movement … Really?

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

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

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

     

    http://idlenomore1.blogspot.ca/

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

  • Urgent Situation Report on Humanitarian Crisis in Canada

    This blog post is not an official report, but is modeled off situation reports from international groups and organizations about specific crises in other countries. Canada portrays itself as a model nation but always hides the darker side of the historic genocide perpetrated on Indigenous peoples and the aggressive assimilatory actions it is taking currently — which only serve to make poverty in First Nations much worse I. Highlights – Children in care crisis – 40% of children in care in Canada (30,000) are Indigenous children; – Over-incarceration crisis – 25-30% of prison populations are Indigenous and increasing; – Water crisis – 116+ First Nations do not have clean water, 75% of water systems med-high risk; – Housing crisis – 40% of First Nations home in need of major repair, 85,000 home backlog; – Indigenous women safety crisis – over 600 murdered and missing Indigenous women; – Health crisis – Life expectancy is 8-20 years less for Indigenous peoples due to extreme poverty; – Cultural crisis – 94% of Indigenous languages in Canada (47/50) at high risk of extinction; II. Situation Overview Although the Government of Canada has been presenting a picture of stable relations with and improved living conditions for Indigenous Nations, the reality on the ground shows many Indigenous individuals, families, communities and Nations suffering from multiple, over-lapping crises. Although federal, provincial, Indigenous and independent researchers have all verified the crises, Canada has refused to act. This is resulting in the pre-mature deaths of hundreds, even thousands of Indigenous peoples every year. Many of those that do survive, do so with higher levels of injuries, disabilities, diabetes, TB, heart disease, and other preventable health issues. There is a children in care crisis where 40% of children in care in Canada (30,000) are Indigenous children. The crisis of over-incarceration of Indigenous peoples in state prisons shows 25-30% of prison populations are Indigenous and increasing. The water crisis of 116+ First Nations not having clean water and 75% of their water systems being at medium to high risk is well-known. The housing crisis is particularly staggering when you consider that 40% of First Nations homes are in need of major repair and there is a 85,000 home backlog. There is a growing crisis of violence against Indigenous women with over 600 murdered and missing Indigenous women in Canada. The health crisis results in a life expectancy of 8-20 years less for Indigenous peoples due to extreme poverty. This does not include the cultural crisis where 94% of Indigenous languages in Canada (47/50) are at high risk of extinction. These are all exacerbated for communities who suffer from massive flooding due to hydro-electric operations. The gap between Canadians and Indigenous peoples with regards to education, employment, skills training, food security, water security, health care, and mental health services continues to increase. Statistics are often manipulated by Canada to show that conditions are getting better, but when reviewed over a 20 year period, the statistics are clear that the socio-economic conditions of Indigenous peoples are on a downward trend. The levels of poverty and ill-health in northern Indigenous communities are even more acute. Suicide rates are amongst the highest in the world with suicides starting at much younger ages, like 9 years old. While Canada rates in the top 4 countries when measuring the human development index, when Indigenous peoples are isolated, Canada drops to 78th. Indigenous Nations in Canada have attempted to work with federal and provincial governments to address these crisis areas, all to no avail. The closest Indigenous Nations came to accessing funding relief for the current crisis was in 2005 when the Government of Canada promised $5 billion over 10 years to address issues like education and housing. This commitment was later withdrawn when the Conservative Party came to power. Since then, Indigenous Nations, through their individual First Nation communities, representative organizations and advocacy groups, continue to try to raise public awareness and get Canada’s attention – but have been met with funding cuts, instead of assistance. These funding and other cuts are in direct violation of Canada’s domestic laws, legislated mandates and legally binding treaties and other agreements with Indigenous peoples. Indigenous peoples in Canada have been in a state of prolonged crisis and casualties continue to increase. The situation has become critical and many Indigenous individuals and communities are in need of immediate emergency assistance. Other communities not in a crisis, still require that their treaties be upheld, their stolen lands be returned and they have a fair share of the wealth that comes from their traditional territories in order to be self-sustaining. III. Security Threats The Government of Canada has initiated what can only be called a blitz attack on Indigenous governments and communities. From all available analyses, it appears as though the maneuver is designed to overwhelm Indigenous communities in the hopes that they will not have time to make their citizens aware of what is happening. This observation is supported by the fact that the Government of Canada has plotted an aggressive, assimilatory suite of legislative amendments that would do several things: (1) transfer all financial liability to Indigenous communities, (2) transfer jurisdictional authority to provinces, and (3) open up the remaining Indigenous lands and resources to pipelines, mining companies and land acquisition companies. The level of legislative and policy changes being forced on Indigenous peoples without their free, informed, and prior consent, are historic in their number, scope, and the speed at which they are being implemented. The Government of Canada has decided to ignore even domestic laws which require that, at a minimum, it consult and accommodate the Aboriginal and treaty rights of Indigenous peoples which are constitutionally protected. Canada has been, and continues to be in breach of legally binding treaties on a daily basis without any consequences from the international community. The Government of Canada has tried to minimize any possible Indigenous resistance to these offensive measures by implementing severe funding cuts to Indigenous representative organizations. Indigenous communities are at significant risk of confrontations with Canada’s police and military forces as Canada has been known to use armed forced to quell any Indigenous resistance to the further theft and destruction of Indigenous lands and resources. Other security risks for Indigenous peoples include: (1) Canada’s use of their Ministry of Indian and Northern Affairs Canada (INAC) to monitor individual Indigenous activists, which is well outside the scope, mandate and resource allotment of INAC; (2) Canada’s use of CSIS to monitor individual Indigenous activists and leaders is a form of intimidation to deter resistance; (3) Canada’s use of its national police force, the RCMP, to surveil Indigenous individuals and communities for signs of co-ordinated activities; (4) Canada’s use of the military to quell Indigenous resistance and portraying them publicly as “terrorists” in their own territories; (5) Canada’s use of resources to fund contracts to monitor social media activities of Indigenous peoples and their allies and to engage in counter-information campaigns against them; (6) Canada’s use of Parliamentary privilege and the media to smear, villainize and otherwise degrade Indigenous peoples, their communities and cultures which encourages similar behaviour from the public; (7) Canada’s use of law enforcement to over-incarcerate Indigenous men, women and youth to prevent Indigenous resistance on the ground; (8) Canada’s use of the child welfare system to remove additional generations of Indigenous children from their families, communities and Nations which would also reduce those who might engage in resistance in the future. IV. Humanitarian Needs and Response Some individual Indigenous peoples and communities in Canada require immediate aid in the form of critical supplies, infrastructure, emergency services, and international intervention at the state level:  Critical supplies: – potable water; – healthy food; – warm clothing and outerwear; – blankets; – medicine and various physical aids ; Infrastructure: – safe housing; – water infrastructure; – sanitation infrastructure; – access to solar, wind or other power generation; – communications (phone, Internet, emergency infrastructure); – schools & day cares; Emergency services: – Fire prevention; – Medical centres; – Mental health centres; – Indigenous policing/public safety centres; – Emergency management centres; International intervention: Indigenous Nations require the assistance of the United Nations and/or any individual state to put pressure on Canada, via economic, legal, political, or other sanctions, to ensure that the root causes of the crises in Indigenous Nations are addressed. Primarily, assistance is needed to ensure that any and all unilateral development on Indigenous lands and water must be halted until restitution has been made for past thefts and illegal takings, compensation for loss of use and nation to nation agreements are made with regards to the sharing of natural resources and other wealth on Indigenous lands are negotiated.  (This does not include activities or development underway in partnership with Indigenous peoples) Unilateral state activities include, but are not limited to: – land development; – All new hydro developments; – All Crown land purchases, leases, transfers, and permits; – All pipelines, hydro-fracking, and mineral extraction; – all clear-cutting and timber and gravel removal; Similarly, all new legislative and policy initiatives related to Indigenous peoples and their territories must be withdrawn or held in abeyance until proper nation to nation negotiations, including, but not limited to: – All legislation directly or indirectly impacting Indigenous peoples; – All litigation targeted against Indigenous peoples; – All enforcement activities against Indigenous peoples in their traditional activities; – All enforcement activities against Indigenous peoples engaging in economic activities; Government-based funding transfers to Indigenous governments must be maintained and protected  during negotiations, including, but not limited to: – Federal and provincial funding transfers to Indigenous Nations, their First Nations communities and their representative organizations; – Government transfer levels to Indigenous governments must be adjusted to reflect current population and inflation levels; – Additional funding to cover the costs of current emergency services; – Additional funding to cover the backlogs created by multiple decades of chronic underfunding; – Permanent funding transfers to account for taxation, fees, permits, licences, business profits and other wealth generation which come from traditional territories; It must be remembered that these funds are not “hand-outs”, but in fact come from the wealth off of Indigenous lands that are denied to Indigenous peoples. These funds are also legally binding treaty agreements. The wealth off Indigenous lands actually support all Canadians and the Canadian state – thus, if there are any hand-outs they come from Indigenous lands and resources to support everyone else. It is time Indigenous Nations saw their fair share. V. Coordination There are specific Indigenous governments, communities and their representative organizations who are ready to work with international bodies to address the current crisis in Canada. Coordination can be done via video-conferencing, conference calls and meetings. Special arrangements will have to be made for any international travel of Indigenous representatives as Canada has already started to attack our own Indigenous passport systems. It is advisable that a strategic planning session take place to coordinate public information, international interventions and emergency action on the ground. Not all Indigenous communities are in crisis, but those that are need attention urgently. A major public education campaign is needed to counter the misinformation campaign and Indigenous allies can help in this process. Other states can offer assistance in a variety of forms, but the United Nations has an opportunity to play a significant role and help Canada live up to the principles in the United Nations Declaration on the Rights of Indigenous peoples. VI. Funding It is absolutely critical that the international community contribute funding to address the immediate crisis, as well as fund advocacy activities to help Indigenous peoples organize and address the current situation. Currently, more than one third of the funding that is set aside for Indigenous peoples is confiscated by the federal bureaucracy to pay for their large salaries, vacations, and professional development, which is used to increase the capacity and strength of Canada’s bureaucratic army against Indigenous peoples. This of course, does not include the funds spent on legal counsel to fight Indigenous peoples in court. If Indigenous peoples are not put on an equal footing with the state, they have very little chance of successfully resisting this blitz attack. There is more than enough wealth which comes from the traditional lands and resources of Indigenous peoples – the issue has always been the illegal theft of those resources by the state. Emergency measures must be put in place to address those that die everyday in foster homes, prisons, or homeless on the street and the many thousands without clean water, food, heat or housing. State bodies have been calling these issues a crisis for over a decade and little action has been taken to address them. How many more Indigenous peoples need to suffer? VII. Contact Please contact Indigenous governments and their representative organizations directly. You may also contact me at palmater@indigenousnationhood.com for more details or for information about how to connect with specific Indigenous governments, communities and organizations. For more information about the current crisis, please see my article “Stretched Beyond Human Limits: Death By Poverty in First Nations” published in the journal – Canadian Review of Social Policy: http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

  • Harper’s Indigenous Manifesto: Erasing Indigenous Peoples from Canada

    Early Indian policy was designed to accomplish two main policy objectives: (1) acquire Indigenous lands and resources, and (2) reduce financial responsibility to Indigenous peoples. The primary way in which these two objectives were to be achieved was through the physical, legal, social and spiritual elimination of Indigenous peoples. I say “elimination” because that is the word which best describes government intentions. Most people today use the term “assimilation” but to my mind, this word is much too soft to describe the design and impact of government policies on Indigenous peoples in Canada. To some readers, the term “elimination” may seem a little harsh, somewhat of an exaggeration, or perhaps rhetoric blown out of proportion which forgets the good intentions governments, churches and traders had for Indigenous peoples. I beg to differ – not because I fall into any externally imposed category of left-wing, liberal, radical or “nutbar”. I beg to differ because the facts – the brutal, uncomfortable facts tell us a much different story. My biggest concern is not that the colonization project devastated Indigenous peoples, because the historical record clearly shows it did; it is that the colonization and devastation of Indigenous peoples continues, albeit couched in softer terminology. Today, the few history books that have been amended to include mention of Indigenous peoples speak of the tragic loss of Indigenous cultures over time. They speak of this “loss” as a romantic part of our history where the strong, noble Indian chief on his horse looks across the horizon and realizes that the ways of his people are fading away with the coming of European trains, traders and technologies. This sort of representation may even invoke feelings of melancholy in Canadians who long for the simplicity of the old days. But it belies the truth about Canada and its direct and intentional “obliteration” of Indigenous peoples, cultures and territories. If the term “elimination” does not make some readers uncomfortable, surely the term “obliteration” will. The purposeful destruction of a people implies the kind of ill-intent, even malice upon which a country like Canada could surely never have been built? Terms like those imply that perhaps what happened to Indigenous peoples was not simply “progress”, “civilization” or a “good policy gone wrong” – no, this falls in the realm of a word that usually upsets the majority of readers: genocide. Many people do not understand the legal definition of genocide, nor are they aware of how genocide is considered internationally. Many are of the misunderstanding that genocide is the mass murder of millions of people all in one shot – something akin to the holocaust. In fact, genocide is defined in the United Nations Convention on Genocide as follows: 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:

    That is the definition. In Canada and the United States, settler governments have committed genocide against Indigenous peoples, not under just one category, but under every single category noted above. We all know it, but the reality stands in such stark contrast to the mythology created by government about what Canada stands for, that many people resort to denial. Indigenous peoples who have raised the subject have been referred to as “nutbars”, “whackos”, “conspiracy theorists”, “radicals” and “terrorists”. The issue of genocide is radical – not because it is not true, but because it stands so far outside the realm of humanity and human rights that the tendency is to save the term for only the most obvious, horrific, well-known instances of genocide committed in places far away from Canada. http://rabble.ca/blogs/bloggers/pamela-palmater/2011/11/unbelievable-undeniable-genocide-canada The term genocide is usually saved for instances where the victims are considered to be humans – and Indigenous peoples have long been characterized as non-humans for centuries. Aside from the historical depictions of Indigenous peoples as “savages”, “heathens” or “pagans”, they have also been treated by governments as “dangerous and sub-human”. The myth of Indigenous peoples being sub-human allowed governments to steal Indigenous lands under the legal fiction of “terra nullius” (lands belonging to no one). They knew better of course, but it allowed them to justify not only the theft of lands from Indigenous peoples, but the brutal acts of genocide which were committed upon them. The fact that early governments sent small-pox infested blankets to Indigenous communities knowing it would nearly wipe them all out, is a historical fact. These were not the actions of a few bad apples, or something that happened in the stone age. This has been acknowledged as modern “biological warfare” by publications in the Journal of the American Medical Association. The scalping laws in Nova Scotia were deliberate acts of murder which decimated the Mi’kmaw Nation population by almost 80%. The forced surgical sterilization of Indigenous women against their will, and often without their knowledge or consent, destroyed Indigenous peoples in a very physical way. The government and church-run residential schools knowingly created conditions that led to the mass deaths of the Indigenous children who attended – upwards of 40% never made it out alive. Incredibly, not only did government officials know that Indigenous children were dying and even “acknowledged” the high rates of deaths and their causes, but this was part of the overall objective: “But this alone does not justify a change in the policy of this Department, which is geared towards the final solution of our Indian problem.” (SI Indian Affairs, Duncan Campbell Scott) Why do I bring all this uncomfortableness up in my blog? Why am I asking readers to face the brutal reality that is Canada? It is because genocidal acts against Indigenous peoples continue to this day, hidden in government policies which purport to be in the best interests of Indigenous peoples. It is because every government (Libs and Cons) has had a hand in continuing the situation, but mostly because this Harper government has ramped up efforts to eliminate Indigenous peoples. In my opinion, the Harper Indigenous Manifesto is about erasing Indigenous peoples from Canada socially, culturally, legally and physically. What used to be forced sterilizations to prevent child births and control Indigenous populations is now pre-mature deaths from the extreme poverty directly linked to chronic, purposeful under-funding, over-prescription of addictive drugs, and lack of housing, water and sanitation. What used to be residential schools became the 60’s scoop and is now child and family services removing our children from our communities at alarming rates. What used to be European/western education forced on our children through residential schools, is now the provincial school systems, which for the most part, teach the same western ideologies, histories, sciences and politics to our children and specifically exclude our traditional Indigenous knowledges, languages and cultures. What used to be scalping laws, are now starlight tours, murdered and missing Indigenous women by the hundreds, and quelling land claims with brute military and police force. What used to be laws against Indigenous peoples leaving their reserves are now laws which take away rights when one leaves the reserve (taxes, governance, jurisdiction, trade, identity). What used to be laws against Indigenous peoples gathering in one place is now CSIS, RCMP, DND and INAC putting us on terrorist watch lists, monitoring our movements, and over-incarcerating our men, women and youth at increasing rates. What used to be laws against Indigenous peoples hiring lawyers to advocate on their behalf, are now devasting funding cuts to local, regional and provincial First Nation political organizations. All coming at a time when Harper wants chaos, confusion, and lack of political capacity to ensure there is little resistance to his comprehensive Indian Act-based legislative agenda. He hopes to strike fear and confusion in chiefs so that they don’t know whether to stay quiet and hope it doesn’t get worse, or take action. Either way, funding cuts will be imposed on local First Nations as well. This is not about whether regional political organizations are doing a good job or not – this is about Harper fulfilling the original intentions of Indian policy (1) accessing Indigenous lands and resources and (2) reducing financial obligations to Indigenous peoples. He just happens to see striking at political organizations as the best way to isolate individual First Nations, already overwhelmed with issues, so they are easier to bully into submission. The Assembly of First Nations (AFN) either does not have the capacity or inclination to take these issues on. Regardless of the reasons, it is clear that local community members are going to be looking to their local First Nation governments to take action. In the same vein, First Nation leaders will be looking for assistance from their treaty, regional and provincial organizations. The days of waiting for the AFN to do something are over. If these funding cuts are ok, so will be the ones that come to individual First Nations, then will come the eventual constitutional changes, the accelerated extinguishment of Aboriginal and treaty rights, and the division and sale of the rest of our lands. If Canadians think that this does not concern them – they should think again. As your “Canada” slowly becomes a dictatorship led by a rogue Prime Minister who is obsessed with power, Canadian laws, rules, and regulations are breached with impunity. Everything from elections, ethics, budgets, and legislation are manipulated without regard for the rule of law. The damage done by these renegade Conservatives is already so severe that analysts feel it will take years to undo the harm. In standing beside Indigenous peoples to oppose these destructive policies, Canadians would be living up to the spirit and intent of the treaties and, in so doing, protecting their own futures. Economic reports have already shown that the costs of maintaining Indigenous peoples in poverty is higher than the solutions. Those same studies show that the costs of delaying the resolution of land claims and treaty implemention for example, are higher than if those claims were resolved equitably. Even the most basic math shows that it costs more to keep an Indigenous person in a federal prison for one year ($100,000) than it does to pay for a 4-year university degree ($60,000). If you think for a minute that once Harper is done erasing Indigenous peoples, that he won’t come after women, children, the impoverished, the remaining pristine environmental areas, water basins and sanctuaries all in the name of wealth and power, think again. There is no room for justice, diversity or freedom in a dictator’s view of the world. We are all compelled to act. Our reasons do not have to be the same. I can be a Mi’kmaw citizen and someone else can be a Canadian citizen, but still have a mutual interest in protecting the environment. Whether someone votes in federal and provincial elections, or like me, does not vote in elections – we all still share the desire to protect our waterways. One can be Maliseet and someone else French, but still feel it important protect our cultures for future generations. I have no intention of letting Harper erase me, my family, my home community or Mi’kmaw Nation. Let’s put our heads together about a plan of action. Extra sources: http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057 http://www.oba.org/en/pdf/sec_news_sept11_c3_palm.pdf http://lawandstyle.ca/opinion_first_nations_fiasco/ http://fusemagazine.org/2012/07/35-3_palmate

  • First Nations Sign Agreement with Federal and Provincial Governments in NB to Negotiate Self-Government

    It was reported earlier this week that 10 out of 15 First Nations in NB signed an agreement with the federal and provincial governments to negotiate self-government. It was then subsequently reported that all 15 First Nations in NB have signed on. However, after speaking with several First Nations, I understand that only 10 First Nations signed, and only one was Maliseet. I don’t have an original signed copy, but I have been provided with the text by one of the First Nations. Many people have been emailing me and asking for a copy of the agreement which I have copied below. Please always refer to the original as the official document: MI’GMAG, WOLASTOQIYIK, NEW BRUNSWICK and CANADA UMBRELLA AGREEMENT  -among-  THE MI’GMAG AND WOLASTOQIYIK PEOPLES IN NEW BRUNSWICK, as represented by the Chiefs of the Mi’gmag and Wolastoqiyik First Nations in New Brunswick (“the Mi’gmag and Wolastoqiyik in New Brunswick”)  -and-  THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister Responsible for the Aboriginal Affairs Secretariat of New Brunswick (“New Brunswick”)  -and-  THE GOVERNMENT OF CANADA, as represented by the Minister of Indian Affairs and Northern Development (“Canada”)  Collectively referred to as “the Parties”:  RECITALS:  WHEREAS  The Mi’gmag and Wolastoqiyik Peoples assert that they have used and occupied their Traditional Lands since time immemorial in accordance with principles of stewardship and responsibility given to them by the Creator; and  The Parties wish to renew and strengthen their government-to-government-togovernment relationship; and  The Parties are dedicated to the principles of good faith, openness, mutual honour and respect; and  The Parties are committed to formal tripartite discussions in order to address outstanding issues among the Parties; and  The Parties recognize that the Mi’gmag and Wolastoqiyik in New Brunswick have not enjoyed the same standard of living as other New Brunswickers; and  The Parties have a shared desire to work in partnership with the shared goal of improving the quality of life outcomes of the Mi’gmag and Wolastoqiyik in New Brunswick; and  Page 2 of 7  The Mi’gmag and Wolastoqiyik Peoples and the British Crown entered into sacred Treaties. Those Treaties established a relationship based on peace and friendship; and The Parties intend to negotiate and implement agreements on Aboriginal and Treaty rights, including the right to self-government.  THEREFORE THE PARTIES HAVE REACHED THE FOLLOWING UNDERSTANDINGS:  OBJECTIVE OF THE UMBRELLA AGREEMENT  1) This Umbrella Agreement is designed to guide tripartite discussions with the aim of concluding a Framework Agreement on inter-governmental relationships and Aboriginal and Treaty rights and the self-government of the Mi’gmag and Wolastoqiyik in New Brunswick.  2) The Parties have targeted December 31, 2012 as the date by which they wish to have negotiated a Framework Agreement.  PROCESS  3) The Parties shall establish a Coordinating Committee comprised of representatives appointed by each of the Parties to oversee the work undertaken under this Umbrella Agreement. In particular, the Coordinating Committee shall:  a) Identify the subject-matters that are to be addressed under a Framework Agreement, such as, but not limited to:  i. Lands and Resources; ii. Governance and Jurisdiction; iii. Economy Development and Sustainability; iv. Health; v. Education; and vi. Social and Cultural Development;  b) Negotiate a tripartite agreement on consultation;  c) Identify whether a sub-committee for any agreed to subject-matter should be established;  d) Develop terms of reference and strategic work plans for itself and any proposed sub-committee;  e) Propose interim agreements on issues of concern to the Parties and develop methods for their implementation;  f) Coordinate, monitor and evaluate progress made on the work undertaken under this Umbrella Agreement;  g) Ensure that its representatives report on an ongoing basis, and at least quarterly, to their respective principals on work progress; and  Page 3 of 7  h) Ensure that annual budgets, work plans and any reporting requirements related to funding agreements are completed and processed in a timely manner.  4) Upon consideration of an annual work plan and the funding resources available, Canada and New Brunswick will cost-share funding under this Umbrella Agreement.  STATUS AND INTERPRETATION OF THE UMBRELLA AGREEMENT  5) Except for sections 5 to 14, this Umbrella Agreement and the work undertaken pursuant to this Umbrella Agreement do not create any legal obligations which are binding on the Parties unless otherwise agreed in writing by the Parties.  6) This Umbrella Agreement and the work undertaken pursuant to this Umbrella Agreement shall:  a) be on a “without prejudice” basis with respect to the legal rights or positions of the Parties, including the Aboriginal and Treaty rights of the Mi’gmag and Wolastoqiyik in New Brunswick;  b) be deemed not to create, define, alter or affect the legal rights or positions of the Parties, including the Aboriginal and Treaty rights of the Mi’gmag and Wolastoqiyik in New Brunswick;  c) not be construed to be, or deemed to be, consultation for the purpose of justification by Canada or New Brunswick for the infringement of any Aboriginal or Treaty rights of the Mi’gmag and Wolastoqiyik in New Brunswick; and  d) not preclude any other discussion or initiative between:  i. the Mi’gmag and Wolastoqiyik in New Brunswick, or individual Mi’gmag and Wolastoqiyik First Nations and New Brunswick, or  ii. the Mi’gmag and Wolastoqiyik in New Brunswick, or individual Mi’gmag and Wolastoqiyik First Nations and Canada on matters of mutual concern.  7) Except for the purpose of enforcing sections 5 to 14 or unless otherwise agreed in writing the Parties undertake not to tender or seek admission of this Umbrella Agreement or the content of meetings, discussions, negotiations, documents generated or positions taken in or during the process contemplated hereunder as evidence in a court of law or before any administrative or regulatory tribunal or board. This undertaking shall survive the termination of this Umbrella Agreement unless otherwise agreed in writing by the Parties.  8)8) Notwithstanding any other provision of the Umbrella Agreement, any Party may refer to publicly and may lead evidence regarding the Parties, date of operation, existence and purpose of this Umbrella Agreement and the frequency of and participants in meetings held pursuant to its operation before a court, regulatory tribunal, board or similar body.  Page 4 of 7  9) This Umbrella Agreement shall come into force and effect on the date of its signatures by Canada, New Brunswick, and the First Nations’ Chiefs in New Brunswick provided:  a) A majority of the First Nation Chiefs in New Brunswick execute this Umbrella Agreement; and  b) The Chiefs who execute this Umbrella Agreement are leaders of those First Nations whose members constitute at least fifty per cent plus one person (50% + 1) of the federally registered Indian population in New Brunswick.  10) Any New Brunswick Mi’gmag or Wolastoqiyik First Nation, as represented by its respective Chief, may upon three months written notice to all the Parties, hereto join, withdraw, or rejoin this Umbrella Agreement.  11) If one or more of the Mi’gmag or Wolastoqiyik First Nation(s), as represented by the respective Chief(s), decides to withdraw from this Umbrella Agreement pursuant to section 10, this Umbrella Agreement shall not automatically terminate.  12) If, at any time, the First Nation Parties to this Umbrella Agreement fall below the majority of Chiefs or the majority consists of Chiefs representing less than fifty per cent plus one person (50% + 1) of the federally registered Indian population in New Brunswick, the Parties will consider whether to terminate this Umbrella Agreement.  13) Notwithstanding section 12, Canada or New Brunswick may withdraw or rejoin this Umbrella Agreement upon three months written notice to all the Parties.  14) Notwithstanding sections 10 to 13, the agreements, understandings, undertakings and commitments set out in sections 5 to 9 all continue in effect unless the Parties otherwise agree in writing.  Page 5 of 7  Signed at _______________, New Brunswick, the _______day of ___________, 2011. Representing the Mi’gmag and Wolastoqiyik in New Brunswick I am told that the last two pages are just the signature pages. A special thank you to my friends, family and colleagues in NB First Nation who help keep me informed on what is happening back home. It is hard being so far from home, but you all make it easier. Hope this helps. Please e-mail if you have any more questions.