Tag: treaty

  • Side-by-Side Comparison of NDP, Liberal & Conservative Platforms on First Nation Issues for Ontario Election 2018

    PLATFORM PROMISES

    NDP

    LIBERAL

    CONSERVATIVES

    Gov’mt to Gov’mt Relationship

    Yes, will sign accord, will work on stable revenue sources w First Nations (FNs)

    Yes, already have an accord

    L

    Land transfers back to First Nations

    L

    ? Will try to resolve land claims w FNs & Canada

    L

    Resource revenue sharing

    Yes, will share revenue w FNs,

    will give ON’s mining taxes to FNs

    ($218M over 5yrs)

    No? will continue to share “benefits of resource development” w FNs & Metis

    L

    Implement TRC

    Calls to Action

    Yes, will start w action items under prov jurisdiction

    Journey Together plan + $250M/3yrs (in progress)

    L

    Contribute to First Nation Health

    Yes, will double ON investment to $209M/year in FN Health Action Plan,

    FNs will decide health funding priorities, ex.

    expanded suicide prevention, more doctor time on reserve,

    more health care workers,

    more FN midwives,

    increase FN role in frontline care

    Yes, $80M over 4 yrs to expand child & youth mental health services for kids at risk,

    $220M over 3 years for improved access to healthcare, mental health, addiction, palliative care, Indigenous leadership in healthcare delivery

    L

    Address First Nation Hydro Costs

    Yes, FN exempt from Hydro costs,

    FN ownership stake in Hydro

    Reduce Hydro costs for remote communities by up to 50%

    L

    Safe Drinking Water

    Will address water infrastructure on reserve, then bill Ottawa

    L

    L

    Childcare on Reserve

    L

    Yes, $40M over 3 yrs for culturally relevant childcare on reserve,

    4500 new spaces on reserve

    $290M to double childcare spaces on reserve,

    $70M over 2 yrs for off-reserve children & families

    L

    First Nation Education

    L

    L

    L

    Jordan’s Principle

    No specific mention, but will pay for health services & infrastructure on reserve first, argue w feds later

    L

    L

    First Nation Policing

    Yes, will double ON investment in FNs to $30M, joint development of stand alone legislation

    Opt into provincial policing framework & create FN Police Service Boards

    L

    MMIWG

    Yes, will continue to support inquiry, provide family supports,

     increase resources to solve cold cases

    Yes, long-term strategy to end violence against Indig women,

    Address human trafficking & support survivors*

    L

    Address problematic Far North Act

    Yes, will replace it

    L

    L

    Jobs & Training & Economic development

    Yes, will prioritize FN training on & off-reserve,

    Partner w FNs to develop green energy,

    will work w FNs to develop minimum targets for FN procurement

    Yes, $30M over 2 years for skills training,

    Expanded role for institutes

    L

    First Nations/Indigenous  Institutes

    Yes, $28M in Friendship Centre repairs,

    $91M over 6yrs to 28 Centres,

    $41M programming for children & youth

    Yes, will support stronger role for Indigenous institutes, work with urban communities for off-reserve programs

    L

    First Nation Housing

    L

    Yes, will increase funds for Indigenous Supportive Housing Program

    L

    Indigenous Languages & Culture

    L

    Yes, will support Indigenous languages,

    Youth cultural camps, will support Indigenous culture

    L

    Social Assistance & Income Security

    Yes, will work w FN Income Security Reform Working Group & Urban Indigenous Table to implement Roadmap for Change Report

    Yes, will enhance access to culturally safe & responsive social assistance

    L

    North, Remote Communities

    Will replace Far North Act,

    $1B to get Ring of Fire moving now,

    Collaborate w FNs to get infrastructure projects moving

    Part of $1B commitment = year round access road to Ring of Fire,

    continue support Wataynikaney Power Grid project (16 remote FNs),

    gas price watchdog,

    invest more northern hospitals, schools, transportation,

    $500M/3yrs broadband,

    Increase access to mental health for Indigenous youth

    L

    First Nation

    Treaty Rights

    Ensure treaty rights respected

    L

    L

    First Nation Education

    Curriculum will include Indigenous history, colonialism, residential schools, reconciliation

    L

    L

    UNDRIP into provincial law

    Implement all TRC Calls to Action – starting with those in provincial jurisdiction

    L

    L

    Address Crisis in Foster Care

    Yes, will work with FN leaders & experts to identify needs of FN kids,

    No more solitary confinement,

    Mediation not courts,

    Goal = 0 kids in care

    L

    L

    Justice System

    Ban policing carding,

    Police training in human rights & racism

    Yes, will create bicultural justice centres,

    Culturally responsive supports in bail system,

    Improve FN repres on juries

    L

    Anti-Racism

    Ban policing carding,

    Police training in human rights & racism

    Data collection & analysis w partners,

    Increase diversity in gov’mt, boards, commissions,

    anti-racism education & training

    L

    Environment

    Expand parks & create new ones in consultation w FNs,

    Will clean up Wabigoon Mercury,

    Fund mercury treatment centre,

     Additional $12M for retroactive payments for mercury disability

    Support FNs to transition to non-fossil fuel energy to minimize impact,

    $85M Grassy Narrows remediation

    L

    *Please note: this chart is based exclusively on what is contained in the three platforms in terms of what they are promising going forward. It does not include external documents or statement, nor does it report on the past performances of any governments over time. It is merely a snapshot of what is being promised if you elect that party. Please send me a note if you see an error – this is accurate as of May 30, 2018. For a summary analysis of these platforms, please see my article in Lawyer’s Daily at: https://www.thelawyersdaily.ca/articles/6628/the-first-nations-agenda-in-the-ontario-election-pamela-palmater?category=columnists Or, for those without access to Lawyer’s Daily, please find it on my blog here: https://pampalmater.com/2018/06/the-first-nationsagenda-in-ontario.html

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    #KillBillC33

    #StayUnited against #FNCFNEA

    #May14 in Ottawa!!!

  • #StayUnited against #FNCFNEA

    Since the time I was small, I have always been told by Chiefs, politicians and elders about the importance of our unity – unity within our Mi’kmaw families, our communities and Nation. Leaders even spoke about the importance of inter-tribal or inter-nation unity. I come from a territory where the Wabanaki Confederacy, a political allegiance of multiple Nations, built upon our Nations’ diverse backgrounds for common purposes. The relationships which came from this confederacy have lasted until present day.

    At the same time, my elders were careful to explain that unity is not about sameness. Unity is a type of bond or treaty amongst Indigenous Nations which celebrates the different strengths, histories, cultures, insights and skills of each Nation and brings them together to make the whole stronger. Unity is a celebration or embracing of those differences to make the treaty group stronger in defending its sovereignty, territories or peoples. It is not an agreement on all issues at all times. Nor is unity about each Nation conforming to one way of thinking or acting. Diverse Nations inherently have different needs, outlooks, priorities and ways of accomplishing their goals.

    Several long-time leaders also told me that unity for the sake of unity can cause more harm than good. Unity for the sake of unity denies the very differences we celebrate as Nations and shuts out the voices of caution, overlooked facts, multiple perspectives and potential outcomes. Sometimes these lone voices are mischaracterized as oppositional, trouble-making, politicking or disloyal. Consensus building takes a great deal of effort and time; so when these brave voices speak out against the consensus, sometimes its hard not to lose patience or be frustrated.

    Yet, elders have told me that those voices which delay consensus for a time are sometimes the most loyal citizens – citizens who care so deeply about their community or Nation that they risk ridicule and exclusion to raise potential threats to the collective. They may not always deliver the message as we’d like or even have all the facts, but that is what consensus building is about – providing everyone with all the facts, potential outcomes and perspectives so that when a decision is made, everyone understands and accepts its – even if not in total agreement. I believe the future of our Nations depends on the consideration and inclusion of all voices.

    The biggest impact on our ability as Indigenous Nations to maintain our unity in times of need is the impact of colonization. Generations of colonial ideologies, residential schools, Indian Act restrictions, federal divide-and-conquer tactics, and systems of government-imposed rewards and punishments have impaired our ability to see unity as we once did. Canada has divided us into good Indians and bad Indians – those who comply versus those who resist. In so doing, the hard work of unity-building within Nations is impaired because the focus is on one-size-fits-all Indians. In fact, pan-Indianness is so ingrained that we often criticize ourselves for not being unified as “Indians” when we should be unified in resisting pan-Indianness.

    Our unity as Nations is like a treaty – a coming together of certain Nations at certain times to assert or defend certain causes. We can be united to defend our right to control education but different in how we want to assert that control (depending on each Nation’s priorities and needs). Sometimes our unity is based on historical relations, regional similarities or broad national interests. Our unity is no less powerful because the Mohawks educate one way and the Cree another. The similarity is in the assertion of sovereignty and jurisdiction over our right to control our own education systems, methods, content and outcomes.

    With regards to Prime Minister Harper and National Chief Shawn Atleo’s education “deal”, this was not made in a good way, nor in the spirit of unity. In fact, the countless secret meetings, lack of information, and surprise announcements are counter to our traditional ways of building consensus and capitalizing on our strengths and differences in unity. The biggest problem is that no space was ever made for the possibility that there would be no unity on this deal – the deal was made for us without us at the table. The result is wide-spread distrust, anger and reaction – all justified. Now, our leaders are forced to account to their citizens for decisions of which they had no part, causing even further disharmony amongst our Nations. Yet, none of this had to happen.

    For many decades, First Nations have been tightly unified on their views about First Nation education. While we may have taken very different approaches to other issues, on First Nation education we all agreed. First Nations are united in their views that we have jurisdiction over every aspect of our education systems (however we choose as individual Nations to define them) and that we should be the ones in control. We have always held the position that Canada must live up to its legal obligations to recognize and implement our treaty, Aboriginal and other rights to education with adequate funding. We have always asserted that Canada needs to make amends for the damages caused to our languages and cultures from residential schools by providing the supports needed to advance and protect them in current education systems – First Nations or provincial.

    How we choose to get there is up to us. Some of us may want to negotiate sectoral self-government agreements in education; some may wish to use the current systems with modified funding, some may want a treaty-based system, and others may want to design and implement their own systems independently with completely different funding agreements. We may have different methods, but we are united in defense of our right to choose how we will implement our right to control our own education systems. We are not all one mythical race of Indians after all.

    Our current initiatives in resisting the Atleo-Harper deal on education are not about sour grapes, jealousy, politics, the next federal election, the next AFN National Chief election, or who’s “right”. Those are all red-herrings critics throw in the mix to keep people from focusing on the real issue – control over our own education systems. The reason why so many Chiefs, grassroots citizens, academics, lawyers and Canadian allies are against this deal is because it violates our fundamental right to control our own education systems. We are not fighting against unity – we are fighting desperately to maintain our long-held unity in education.

    The Harper government has become very adept at its divide-and-conquer techniques. It also uses funding as a reward-punishment tool to further control and divide us. It’s most effective tool so far has been using First Nations individuals and organizations to promote its assimilatory agenda. Trojan horses filled with assimilatory Aboriginal warriors march forward to implement Harper’s plan under the guise of what’s good for us. The numerous bills being imposed on us all have wonderful titles and great media sound bites that distract us from what’s inside the bills. Calling a bill “First Nations Control” is a lie if what’s inside is increased Ministerial control.

    I think most of us expect this from Harper, but the most hurtful and offensive part is that we don’t expect our own leaders to do this to us. National Chief Shawn Atleo has hurt us all by acting as if he had the right to make this deal in the first place; by acting so secretively and outside our traditional ways of building consensus; and then standing in defense of this destructive bill – no matter what First Nations say. Part of being a leader is being humble and admitting when you have made mistakes. Atleo could still stand with First Nations against this bill, but he refuses to do so. Atleo destroyed our negotiating leverage in Ottawa and now he has broken our unity on education. He refuses to listen to us.

    Unfortunately, we don’t have time to commiserate about it – we have to act. We cannot give Harper any ammunition to use against us as he tries to ram this bill through the House and Senate. We have to show that Atleo does not speak for us, as the Minister is already relying on Atleo’s endorsement of the bill as his “proof” of consultation and consent. We cannot let Harper hide behind any First Nation individual or organization to roll out his assimilation plan.

    Most of all, we have to stay united against this bill to protect control over our education and save our cultures and languages for future generations. If we voluntarily allow Canada to legislate our treaty rights, there is no undoing it later. Harper is desperate to turn the treaty right to education into a discretionary program and service that is subject to Parliament’s budgetary whims. We can’t let Harper do that.

    Harper is scared of our voices. AANDC is running scared and is tweeting in defense of itself. Harper can see the growing opposition from First Nations and is speeding up the review of the bill. We have the power to stop this. When First Nations stand in unity, there is no piece of paper, no legislation, or crooked politician that can stop us. The “winter we danced” as Idle No More showed the world how powerful in peace our people are when we stand together. I’ve always believed in the power of our people to make change – let’s stay united on education and give our children some hope.

     

    #StayUnited against #FNCFNEA

  • 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!

  • Mohawk Tobacco Trade – Standing up for Our Sovereignty

    The days of only looking at issues that impact our local communities (bands) are long over if we expect to protect our cultures, identities and Nations for future generations. The issue of our sovereignty as Indigenous Nations (Mohawk, Mi’kmaq, Maliseet, etc) must be looked at in the bigger context. I am the first to admit that we have significant issues to address in our home communities and many of them are absolutely life and death issues related to poverty, addictions, housing, violence, and child welfare. It is critical that we ensure we have citizens dedicated to addressing these issues for the well-being of our families, communities and Nations. At the same time, we also have to dedicate some of our citizens to fighting the larger battle which is being waged against our identities, cultures, and sovereignty. In the days of my great grandfather and his grandfathers, Mi’kmaq people made sure they protected their women and children by having warriors posted at our our local settlements. However, knowing that our territory (known as Mi’kma’ki) was rich in resources and our traditional territory was vast (7 districts covering many provinces), we also ensured that all directions were protected from intrusion by other Nations. The idea being that you had to have all directions covered, even if one direction required more attention at any particular time. The same can be said about our current state of affairs. Our social issues have taken such priority, that in some ways we may have left ourselves vulnerable to attack from other directions. I don’t just mean within our own Nations either. If the sovereignty of the Mohawk is being challenged, that has a direct impact on the future of Mi’kmaq sovereignty and vice-versa. Similarly, every Indigenous Nation in this country has its own special resources that is uses to support its communities and whether it is tobacco, lobster, moose, seal or oil, we owe it to each other to not allow government or corporations to jeopardize what little we have left. We can’t think for a minute that the loss of lobster fishing for the Mi’kmaq will not have a significant impact for the Maliseet and their logging rights. We owe it to our Nations and our future generations to make sure that our political strategies have all the bases covered. It is for this reason that I write about the Mohawk Tobacco trade. The Aboriginal right of the Mohawk to engage in their centuries-old trading activities is being threatened by big business and provincial governments all of whom are desperate to get their hands on money which rightfully belongs to the Mohawk. Similarly, the self-determining rights of the Mohawk to exercise jurisdiction over their own political and business activities threatens their very sovereignty. http://aptn.ca/pages/news/2011/01/15/smokes-seized-on-alberta-first-nation-had-federal-stamp-commission/ http://aptn.ca/pages/news/2011/02/02/tobacco-battle-flares-in-two-more-provinces/ As many of you know, many of the traditional Mohawk territories in what is now Ontario, Quebec and the USA have lands which are particularly suited to the growing of tobacco, which is why they have engaged in growing tobacco for many years. Their traditional use and trade of tobacco has evolved into a larger scale tobacco growing, manufacturing, sales and trade industry. Today, First Nations like Six Nations and Kahnawake are engaged in various elements of the tobacco trade. One of those companies, Rainbow Tobacco, is based on Mohawk territory in Kahnawake. They have had their shipments of tobacco to other First Nations seized by several provinces for failure to have provincial markings on their cigarettes, despite the fact that they did have federal markings. This only appears to be an issue since  non-Indigenous businesses started complaining. However, these groups try to sway public opinion by categorizing the Mohawk Tobacco Trade as “illegal” and “contraband”. By using this kind of language, it relegates Indigenous peoples to criminal status and detracts from any arguments they might make in their own defense. http://aptn.ca/pages/news/2011/02/25/charges-against-rainbow-tobacco-band-politicians-looming-rcmp/ The following arguments have been made against the Mohawk tobacco trade: (1) It is illegal because there are no provincial stamps. In fact, there is no requirement that First Nation products have provincial approvals. The cigarettes had the proper federal stamps, and since jurisdiction (as between feds-provs) with regards to First Nations, their lands and property, vests in the FEDERAL government, the province would be ultra vires (outside the scope of their legislative authority) should they attempt to legislate in this regard. In case anyone needs a reminder, here is what the Indian Act, 1985 has to say about the matter: Section 87 – the interests of Indians and bands in reserve lands AND the personal property of Indians and band on a reserve are NOT subject to taxation; Section 89 – the real (land) or personal (movable) property of Indians and bands on a reserve (or deemed to be on a reserve) are NOT subject to: charge, pledge, mortgage, attachment, levy, SEIZURE, distress or executive in favour of ANY PERSON, other than an Indian or band; Section 91 – certain property can’t be traded by Indians like: grave poles, totem poles, rocks with paintings, but tobacco is NOT one of them; Section 93 – can’t remove certain materials from reserves like minerals, stone, timber etc without a permit, but tobacco is NOT one of them. The Mohawk tobacco is not illegal, not subject to provincial tax or jurisdiction and the province had no right to seize anything on any reserve. (2) Smoking is bad for you and causes too many health problems. There is no doubt that smoking is bad for you and does cause way too many health problems that can even result in one’s death. I don’t smoke and I don’t ever want my children to smoke either. My father smoked and he died of lung cancer. I would never want that for any family or community. However, the issue of whether or not to engage in smoking is not the matter in question. The issue is whether or not First Nations can grow, manufacture, sell and trade tobacco products on their traditional territories and/or between First Nation reserves. First Nations have no less of a right to make a living off the resources on their territories than all the settlers who made good use of our lands. In fact, First Nations have a constitutionally protected right to do so – this is something that non-Indigenous businesses can’t say. The double-standard inherent in this ideology is obvious. It is legal and publically acceptable for non-Indigenous businesses to manufacture and trade tobacco, but it is a moral sin when First Nations do it. This has nothing to do with morals and everything to do with the bottom-line: the provinces see it as a cash grab and corporations see it as losing “their” profits. (3) Tobacco can only be used by First Nations as it was used traditionally. This line of reasoning is not only racist, it is legally inaccurate. The Supreme Court of Canada has clarified on many occasions that Aboriginal peoples and their rights are NOT to be frozen in pre-contact times. The SCC has further clarified that Aboriginal rights are able to evolve over time into modern methods of exercising those rights. Telling First Nations they can only use tobacco as they did in pre-contact times would be like us telling lawyers they still have to wear white wigs in court or that you have to take the Mayflower boat on your next holiday to Cuba. (4) Most of the First Nation tobacco companies are owned by band members and not the band. Regardless of my own personal feelings about individual vs. band owned businesses, again this is not the issue at hand. Those are debates to be had between band members and their bands or citizens within Indigenous Nations. I am stunned however, by the hypocrisy of statements like this when they come from the same right-wing people who are advocating the privatization of reserve lands. You simply can’t have it both ways. (5) Indigenous peoples should compete in the market place on the same level as everyone else. People who advocate this line of reasoning are usually the non-Indigenous tobacco companies or retailers who blame their poor sales on Indigenous tobacco trade as opposed to the decline in tobacco usage in Canada. What they forget is that the “market place” is fueled by the lands and resources, and the spin off taxes and businesses, which rightfully belong to First Nations. How is it that settlers could steal our lands and resources, use them to make a profit, and then when First Nations get into the market place with what little resources they have left, all hell breaks loose? They also forget that the provisions of the Indian Act noted above are legal rights afforded to First Nations. Their Aboriginal and treaty rights are also constitutionally protected. The issue is not whether the settler society likes that Aboriginal and treaty rights are protected, the fact of the matter is that they are the supreme law of the land. (6) Indigenous peoples use the money from the tobacco trade to fund all sorts of illegal activities like drugs. This ludicrous, stereotype is advanced by people like conservative Senator Patrick Brazeau. If you view the following video, you’ll hear him make this racist stereotype against First Nations: http://aptn.ca/pages/news/2011/02/04/aptns-mp-panel-back-in-business-but-for-how-long/ There are always individuals who break the law in Canada. That does not mean Canadians are all crooks. Robert Pickton was a serial killer, does that mean all Caucasian people in Canada are serial killers? Of course not. Then why is it acceptable for Senators and others to advance such disgusting racist stereotypes against our people? We have to call them on it, and then get back to the real issue: we are sovereign nations and our sovereignty has been challenged here. While you may not personally like tobacco, that is not the issue. Mohawks engaged in their traditional tobacco trade are no more criminals than Mi’kmaq people fishing lobster. Yet, when the Mi’kmaq proved their treaty right to fish and sell lobster, the non-Indigenous fishers could not accept having to share what was never theirs to begin with. It resulted in government officials riding their boats over our people (literally) and calling us criminals and in the media said we were engaged in illegal fishing. http://www.youtube.com/watch?v=HsvG4KpFHOA If we do not stand up for our sovereignty at EVERY instance that it is challenged, including those times when we don’t like the issue, then we’ll have no defense when we want to exercise it for issues we do like, i.e., land and hunting. We  owe it to each other to get each other’s backs and to ensure that all our directions are covered. There is no negotiation when it comes to sovereignty. Our heroes were not well-paid lawyers or consultants – they had nothing and risked their lives for us. We have to prove to our future generations that we were worth the fight. http://www.youtube.com/watch?v=3Ul4KmHlzMc