Tag: NBAPC

  • Rise of the Eastern Empire: Lavallee’s Plan to Dismantle the Congress of Aboriginal Peoples

    This blog is about CAP’s demise and to ask whether anyone cares? I would love to hear from folks about this blog and CAP in general. I worried about using “Congress of Aboriginal Peoples” as the title to this blog because I assumed that most of you would be thinking “Who?”. Seriously though, some of you may be wondering what the heck has happened to the Congress of Aboriginal Peoples (CAP). In my last blog, I wrote that they have essentially fallen off the face of the earth. https://pampalmater.com/2010/11/slow-painful-death-of-cap-can-it-be.html We (those who live off-reserve in Canada) do not ever hear from CAP or its President Betty-Ann Lavallee in the media, in the community, or anywhere else for that matter. On APTN’s InFocus (Jan.21, 2011 edition), the political panel talked about how irrelevant organizations like CAP are when they do not reach out to the people they claim to represent. http://aptn.ca/pages/news/2011/01/24/january-21-2011/ Aside from CAP’s lack of engagement with the substantial Aboriginal population that lives off-reserve in Canada (50% of total Aboriginal population), CAP’s current President is taking the organization on a nosedive into oblivion and if those who care about the organization don’t do something soon, it could be gone forever. Many of you who have contacted me have indicated that it is your opinion that President Lavallee simply doesn’t have the skills or capacity to lead a national organization because as many have commented, she nearly tanked her own provincial organization in New Brunswick – the New Brunswick Aboriginal Peoples Council (NBAPC) and at the very least, made it politically irrelevant. http://www.nbapc.org/ I appreciate the feedback from grassroots folks and I can definitely relate. In fact, I used to be a member of the NBAPC and watched the organization grow over the last 40 years and have actually seen it when it was a strong political voice and engaged with the off-reserve community. Sadly, I have also seen it in the last 10-15 years slowly become less effective as a political voice, less engaged with the off-reserve Aboriginal people and become an elite club that would rather spend money on lawyers against their own membership than use those lawyers to defend our Aboriginal and treaty rights. Why has the NBAPC gone downhill after such a strong history? Many of you have commented that the reason is Lavallee’s poor leadership skills, her lack of knowledge on Aboriginal issues, her lack of connection to our First Nation communities, her lack of political experience, and some have even suggested that she has other, more sinister motives. While I respect everyone’s opinions, I always base my opinions on fact versus conjecture, but in this case, they proved to be one in the same. I personally can speak to a time when the mood of the community was to have a non-confidence vote and remove Lavallee as President of NBAPC, so instead of dealing with the issue, she skipped the Annual General Meeting (AGM). At subsequent meetings, she claimed that she could not be removed as President because she was an employee of NBAPC and not a political leader. Her lawyer started appearing at more and more meetings, which had the effect (for many) of effectively silencing them. If that does not say it all, I don’t know what does. Our people elect leaders to speak for them, not to be lead by lawyers, consultants, or staff. The situation had become so bad, many people simply stopped participating. I for one, resigned as a member so that I could exercise my voice without fear of retaliation. AGMs became more predicatible as Lavallee did not report on significant accomplishments she made for NBAPC each year, instead we got a copy of her calendar which said which days she was in the office and which days she was out sick. As members started to speak out, ask questions and demand more, Lavallee started to attend AGMs and board meetings with her lawyer. We knew then that there was no getting rid of her unless she left voluntarily. Then when Patrick Brazeau jumped ship to become a conservative Senator, Lavallee set her sights on CAP. As I explained in my last blog, many off-reserve folks thought that the only way to get rid of her in NB was to vote her in as President of CAP, because CAP’s Constitution and By-laws had a specific provision that would allow votes of non-confidence. http://www.abo-peoples.org/CAP/About/CAP_ByLaws_Constitution_2007.pdf As expected, Lavallee was voted in as President and CAP has been dying a slow death ever since. However, while I used to think it was a capacity issue: poor leadership skills and a lack of knowledge and experience – I was shocked to find out it was her plan all along. It is no accident that CAP is dying, in fact when Lavallee was President of the NBAPC AND the Vice-President of CAP, she called for CAP to be dismantled! It gets worse than this – not only did she want CAP to be dismantled, but she wanted the financial support to be funnelled back east to support her organization and that of those affiliated with the Maritime Aboriginal Peoples Council (MAPC) an organization that represents the NBAPC, Native Council of Nova Scotia (NCNS) and the Native Council of PEI (NCPEI). http://www.ikanawtiket.ca/ How do I know this? Well, today I was sent a copy of a letter dated May 28, 2009 that was addressed to Fred Caron, ADM of the Office of the Federal Interlocutor for Metis and Non-Status Indians, and signed by Lavallee when she was President of NBAPC and Vice-President of CAP. It is not posted online anywhere, so I will reproduce the text below (all the grammar and spelling mistakes are from the letter itself): “As you know, for many years now we have discussed the idea of ways we could make the Maritime Aboriginal Peoples Council more recognized as a real credible organization. In the East, we have run it so far as a formal group but now I think it is the right time to go further and officially recognize the important role it plays for Aboriginal people here in Eastern Canada. It is the right time to do this now when you consider the problems that CAP is facing now as a National organization. We seen the failure of OMAA in 2005 and also the addition of some affiliates in the West that are very questionable. We are very concerned that the new affiliates in Ontario, Manitoba, Saskatchewan still don’t get core funding and do not have real membership. This hurts the national organization in terms of credibility as well as reputation and it is not fair for the Eastern PTO’s. We should not have to suffer because these groups cannot get their organizations running effectively. Maybe the time has come to turn away from CAP and to regroup around the east where the affiliates are running very well and have real and successful operations. We have a long and successful history compared to those in the West and we play by the rules. I am worried that if we continue to be a part of a national organization with serious and many debt and governance problems that other PTOs have created we in the East will ultimately be severely affected.” Not only was Lavallee trying to tank CAP when she was one of its provincial affiliates, but according to the Board, she was also the Vice-President of CAP at the time. I wonder if Brazeau was aware he was being stabbed in the back? That letter alone should have prevented her from running for the position as President of CAP given her obvious bias towards tanking it. It should also be at the top of the list for bringing about an immediate vote of non-confidence. However, the issue that I am most concerned about regarding Lavallee, relates to the lack of voice by the grass roots people. They say that Lavallee NEVER consulted with her membership in NB about writing such a letter or taking such a position. Other members from other affiliates say they were never consulted by her keeping in mind she was the Vice-President at the time. To call for the end of the NBAPC’s national organization should have been an agenda item at an AGM, it not a special consultation meeting in and of itself. I would also venture to guess that this should have been an agenda item at CAP’s own board meeting. What also strikes me is the hypocrisy of the letter. As former Vice-President and board member of CAP, it was her job to support the other affiliates and to direct resources towards assisting the other affiliates in obtaining core funding so that they could build capacity. Currently, as the President of CAP, the buck stops with her. If her affiliates are struggling, it is her job as a leader to make assisting those affiliates her number one priority. Instead, Board members report that she takes trips to places like Bolivia or the Olympics instead of taking care of what appears to be urgent business at CAP. If CAP is failing, Lavallee need only point the finger at one person – herself, seeing as she is the President, Chief AND CEO of CAP. I am told by members of the Board, that at CAP’s recent governance training, the person who conducted the training was surprised that Lavallee was the President, Chief and CEO of CAP. They felt that this was highly unusual and apparently the discussion centred on the fact that it felt like a dictatorship. CAP has apparently mixed both the political side of the house with the administrative side which means that CAP mixes politics and business. I am also told that all employees must report to her and that politics often factors into daily administrative decisions. This might be one of the reasons why there are pending lawsuits against CAP – but I can’t say for sure as I don’t have copies of those lawsuits. I am further told by various Board members that the level of dysfunction within CAP has increased ten-fold as Lavallee has been the centre of much in-fighting among the board. I have copies of e-mails and letters from Lavallee and the NBAPC President Kim McKinley which are appear to be particularly targeted at certain affiliates. If you read the above letter, it is no surprise that Ontario, Manitoba and Saskatchewan bear the brunt of Lavallee’s scorn. The hypocrisy continues at the financial level as well. At CAP’s last AGM it was reported to the members that CAP was in a major deficit of over $1.2 million dollars. Yet, no debt reduction strategy was presented to the AGM. Some board members of CAP estimate that CAP’s deficit may well be close to $2 million dollars at this point. Assuming for a minute that the deficit is “only” $1.2 million, then CAP has a great deal of work to do to get back on track. There is no way to tell for sure, as CAP’s website link to its “financial reports” does not contain any information: http://www.abo-peoples.org/index.php?option=com_content&view=article&id=25&Itemid=35 How has CAP done this? Well, aside from Lavallee’s trips to Bolivia and the Olympics, the board reports that she also gave herself a salary increase. While she wanted a much bigger increase, she did come away with a significant raise. Similarly, at Christmas time, the Board indicates that she gave herself a nice bonus of $1000 dollars and gave staff members all $500. At the same time, I had former staff contacting me saying they were being laid off due to budgetary issues. Something doesn’t add up in CAP’s math? I am sure members of CAP’s affiliates will be left wondering how Lavallee could possibly justify her own base salary given her lack of productivity for CAP, let alone salary increases, trips, and bonuses when CAP is in such serious financial troubles. The Native Council of Canada used to mean something. It was part of the constitutional talks and intervened on many important matters for Aboriginal peoples living off reserve. Its name change to CAP has not brought with it a strong vision for uniting its affiliates across the country, nor has it engaged with the people who need it most – the off-reserve grass roots people. Instead, Lavallee has transported her dysfunctional, anti-CAP form of leadership from NB to Ottawa, and the grass roots people are paying the price. Based on the information that I have been receiving about its internal dysfunction, I can only guess that CAP is slowly imploding – but not due to a lack of capacity. In fact, some might argue that this sad situation is not fate, but is being actively promoted by its own President – Betty-Ann Lavallee. In December 2010, CAP sent a letter to the Indigenous Peoples Confederacy (CAP’s Manitoba affiliate) and said they were no longer in good standing with CAP. It appears as though CAP may be doing the same thing to Saskatchewan and one wonders if OACP is next? Some fear that Lavallee is well on the way to seeing her stated goal to fruition – the end of CAP and the rise of her Eastern Empire. Lavallee: “the time has come to turn away from CAP and to regroup around the East” I am not sure what the answer is, but surely it must involve the grass roots shaking the rotten apples from the tree and getting their organization back to where it used to be. I’d be happy to hear any feedback about the information in this blog or whether anyone cares about CAP anymore.

  • Brazeau’s Tiresome Campaign Against Chiefs Will Not Maintain His 15 Minutes of Fame

    Although my blog site already says this, I have to repeat it for the small handful of Brazeau fans that exist in Canada. This blog and every single word contained therein represents my own personal opinions and views as an Indigenous person. It does not represent legal advice nor should it be relied on as such. This blog, as with all others, represents my “fair comment”, on a wide range of legal and political issues, i.e., my honestly-held, personal opinions which I have based on personal experiences, media reports, Senate documents, as well as other discussions and events that have been relayed to me by Indigenous people all over this country. There is no malice in any of my blogs and, in fact, they are designed to engage with other Indigenous Peoples and to think critically about our state of affairs. This blog also does not hurt his “reputation” for his reputation, as has been relayed to me by Indigenous people, media and himself others confirms that he is an Indigenous person (some would argue used to be) who obtained his fame and political power by trashing Chiefs. Senator Patrick Brazeau went from obscurity to enemy number one in Indian country because of his singular focus on trashing First Nations and Chiefs at every public opportunity. I have seen him on TV, quoted in newspapers, speaking in the Senate, heard his videos, and even been present in public forums where he literally trashes Chiefs as though such negativity and stereotypes were acceptable or even helpful in the debate. Whenever he loses some of the limelight, he will come up with his own bizarre home video to share with the public to again stir up some controversy and of course, publicity for himself. Prior to becoming a hand-selected conservative Senator, Brazeau was the President of the Congress of Aboriginal Peoples (CAP) for a very short period of time. I say President, because although he called himself “Chief”, he certainly did nothing to earn that title and in fact so often trashed Chiefs, I often wondered why he was so desperate to be called Chief? He only became President by default when the former one stepped down. He served out that term and was elected again amongst much controversy and several political plots to have him removed as President shortly thereafter – of course none of that ever made the media. He appeared to use his very limited time as President to get as much media attention for himself as possible and the common theme was to stereotype First Nations and Chiefs in negative ways. This of course caught the attention of the conservatives, whose former political advisor was none other than Tom Flanagan – the poster boy for promoting the assimilation of First Nations. There is no better way to sell an otherwise objectionable or unconscionable idea than to get an Indian to do it. Here is where Brazeau found his niche. By doing conservative bidding, he would get his media fame and make up for his failed modelling career and his failed attempt to become a real lawyer. We have to keep in mind that Brazeau brought no real political experience to the table when he became the President of CAP. He was a self-described former model and had completed some law school courses. Oh, and I can’t forget – he was also allegedly a whiz in martial arts. How that ever qualified him to try to lead a national Aboriginal organization is beyond me. FORMER MODEL: “PRESENTABLE FACE” FOR CAP: http://www.canada.com/ottawacitizen/news/story.html?id=3f7827a1-d524-4c56-a6f4-d86bb1aada68 I think the above article may have unknowingly hit the nail on the head about where Brazeau gets his qualifications – it could be unresolved anger and jealousy for having lived a “rock’s throw” away from the reserve and perhaps is why he is so bent on “throwing a few” rocks at First Nations. First Nations are not to blame for his living as a non-status Indian for part of his life and growing up off reserve. We all know that is Canada’s legacy. There is also a saying – don’t throw rocks if you live in a glass house. While Brazeau clamored for media attention through throwing rocks at chiefs, he forgot to look in his own backyard. There are many media sources which say that Brazeau left CAP in financial and administrative shambles, that he had originally wanted to double-dip, i.e. get a 6-figure salary from CAP and a 6-figure salary from the Senate, that he was not paying his child support and even worse, that several former employees had filed sexual harassment complaints against him. Here are some links to related media reports: SEXUAL HARASSMENT COMPLAINT AGAINST BRAZEAU http://www.cbc.ca/canada/story/2009/01/07/brazeau-senate.html BRAZEAU LAGGED ON $100 CHILD SUPPORT http://www.thestar.com/news/canada/article/585027 BRAZEAU WANTED BOTH JOBS AND BOTH SALARIES http://www.thestar.com/News/Canada/article/568616 SECOND WOMAN FILES SEXUAL HARASSMENT AGAINST BRAZEAU http://www.thestar.com/News/Canada/article/568616 BRAZEAU CHOOSES STAFF ALLEGED AS “OFFICE DRINKERS” http://www.ctv.ca/CTVNews/TopStories/20090208/senator_brazeau_090208/ BRAZEAU DEFENDS DRIVING PORCHE AND REPRESENTING IMPOVERISHED http://www.ctv.ca/CTVNews/TopStories/20090208/senator_brazeau_090208/ Certainly, this is not the kind of resume I would want from a person that would represent me in the Senate. In addition, the current President of CAP, Betty-Ann Lavallee has indicated that Brazeau is suing her and CAP for speaking out publicly about Brazeau. I have not seen the actual Statement of Claim, so I can’t provide any details. When interviewed, Brazeau always tries to shift the focus on his critics, as if they just make these things up. Some elders have indicated their view that by not taking responsibility for any of his actions, Brazeau cannot ever grow and become a better person. If we are to believe what is reported in the media about the horrible mess that CAP’s finances were left in after Brazeau’s reign, then we start to get a picture about his real talents or lack thereof. CAP’s ACCOUNTS FROZEN: http://media.knet.ca/node/2089 On a more personal note, I used to be a member of the New Brunswick Aboriginal Peoples Council (NBAPC), which is a provincial affiliate of CAP. I used to attend their Annual General Meetings (AGMs) and one year Brazeau, then President of CAP attended to give a speech to the delegates. Instead of focusing on the severe poverty in off-reserve Aboriginal communities, lack of housing, jobs, and recognition of rights, his mantra was “Down with the Chiefs”! I believe that session was taped, but I never saw it ever reproduced. There were many of us sitting in the audience in absolute shock as he loudly and passionately shouted “Down with the Chiefs”. He completely ignored the fact that although the NBAPC represented off-reserve Aboriginal peoples, many of them still had band membership with their home communities; many had close relations with their families and friends on reserve, and more still worked in solidarity with their communities, including their chiefs, to bring about change for their people. His stereotyping of all chiefs as bad, not only hurt the hearts and souls of the people he spoke to, but he betrayed the very position with which he occupied – to be a spokesperson of the people he represented. No one in my family or circle of friends and relations held such negative, stereotypical views about our leaders – so I was left who the heck was he representing? From that point on, every time I saw him in the media, he was literally parroting everything that the Minister of Indian Affairs or conservative MPs had to say about Aboriginal peoples. At one of the last AGMs of CAP that he ever attended during his short reign, one of the delegates stood up and turned his back to Brazeau, when Brazeau got up to address the delegation. In our tradition, this is our way of saying that the person being shunned is no longer considered an Indigenous person which belongs to the community. No one yelled or challenged Brazeau because from that point on, as far as many were concerned, he was no longer a part of the Indigenous community. It was not long after that, that Brazeau was appointed to the Senate where he has been given a forum to continue trashing our communities through our leaders. Many people across the country who write to me, call or meet me, feel that Brazeau has single-handedly set back all the public education that has been done over the last 20 years to overcome the racist stereotypes about First Nations. Now, thanks to Brazeau and other right-wing groups and academics, it has become acceptable again to publicly insult, stereotype, and humiliate our people. The really sad thing about Brazeau’s situation is that he was so young and inexperienced that he could not see how easily he was manipulated and used by the conservatives. What was so clear to those of us who were more experienced and used to the kinds of political games and divide and conquer methods used by governments, was beyond Brazeau’s comprehension. Instead of seeking advice and guidance from the many experienced leaders in our communities – some of whom have done amazing things for their communities, he acted as if he had all the answers. It was pitiful to watch, especially since it is so rare for an Indigenous person to be so completely “converted”. Despite all this, what it comes down to at the end of the day is personal responsibility. Many elders have told me that Brazeau had a choice: he could be a spokesperson for his people or for himself and it appears as though he chose the latter. According to the elders, he therefore has to accept full responsibility for all the damage he has done and is doing in his pursuit of fame and power. I have learned over the years that our elders’ wisdom should not be discounted lightly. Even if Brazeau would take time to consider the criticism that is levelled against him, he might be forgiven for ignoring it. Yet he seems to relish in the spotlight and use those opportunities to further insult and stereotype our leaders and in so doing, our communities and future generations. I have written previously about my concerns over Brazeau’s use of Senate insignia and meeting rooms to film his bizarre videos criticizing chiefs, his uninformed opinions on our communities, and the disrespectful way he talks about our leaders. Many experienced Senators work on various issues outside of the Senate to support important community issues – but they do so in a helpful, positive way. Using the resources of the Senate to vilify, even if only by implication, a cultural group that is already the most vulnerable group in society, goes well beyond what is conduct expected of a Senator. Readers may also recall that when I was invited to the Senate to present on Bill S-4 regarding matrimonial real property (MRP) as an expert witness, Brazeau later, when I was not there to defend myself, wrongly accused me of being a paid consultant to the Chiefs and therefore asked the Senate to ignore my expert legal testimony based on the unfounded allegation that I was only there to “feather my nest”. When APTN made my subsequent complaint public, it was the Chiefs who stepped forward to defend me publicly and by letters. Did Brazeau ever apologize to me personally? No. But I can tell you that the next time I was invited as an expert witness to speak to the Senate on Bill C-3, I was unexpectedly disinvited at the last minute after having already made travel and other arrangements. I have to wonder whether I will ever be invited back after having spoke out against Brazeau’s behaviour. Now, Brazeau’s tiresome campaign against the Chiefs continues. Many chiefs have complained how he treats them disrespectfully whenever they appear before a committee of the Senate. Brazeau himself admits to “testy” exchanges. I wonder if Brazeau would ever think to speak to PM Harper that way?? Of course not. Some of you may be questioning why I would compare First Nations Chiefs to a PM – well, if its good enough for the salary issue, why is it not applicable for other issues? The public can’t have it both ways. Below is a link to APTN’s story on the issue: http://aptn.ca/pages/news/2011/02/09/brazeau-not-legitimate-represenative-of-first-nations-ontario-chiefs/ The letter that is referenced comes from the Chiefs of Ontario and is addressed to all Senators and Members of Parliament. It is signed by the heads of its regional organizations as well as Chiefs from Six Nations and Akwesasne. They raise a very important issue: that Brazeau was never nominated, appointed, elected or in any way chosen by First Nations people to speak for them and therefore he should not do so. In fact, they argue that it is a breach of our numerous international human rights. The letter goes on to state that while they recognize that the conservative government has the right to appoint anyone it chooses to the Senate, the government must recognize that First Nations have the right to choose their own leaders and have asked that the Conservatives: “desist from characterizing Senator Brazeau as someone who can speak to our issues”. This seems like a reasonable request given that many have questioned not only his ability to be a Senator and former President of CAP, but also his lack of experience personally or politically in First Nations. Given that some of Brazeau’s own “grass roots” people have literally turned their backs on him and no longer even consider him Indigenous, I think the request is more than reasonable. We are all sick of Brazeau’s tiresome campaign against First Nations and their leaders. Many of us are even sick of seeing him on TV. Let him sit in the Senate with his former CAP employees and work on other issues. Leave the business of First Nations issues to those with the experience to add something positive to the agenda. Let’s get on with the business of finding solutions to the serious and even deadly issues facing Indigenous peoples in Canada and finally wrap up Brazeau’s 15 minutes of fame.

  • 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.