Warrior Life Studios

Pam Palmater

Tag: united nations

  • What You Need to Know About Sharon McIvor’s Major UN Victory on Indian Status

    What You Need to Know About Sharon McIvor’s Major UN Victory on Indian Status

    (Picture of Sharon McIvor and I at the United Nations in Geneva)

    Sharon McIvor has won yet another landmark legal victory for First Nations women – this time at the United Nations Human Rights Committee (UNHRC). On January 14, 2019, the UNHRC released their decision which found that Canada still discriminates against “Indian” women and their descendants in the registration provisions of the Indian Act. Despite the fact that Sharon had already proven her discrimination case at trial and on appeal here in Canada, the federal government refused to eliminate all the remaining sex discrimination from the Act. This meant that Sharon and her descendants still have lesser or no Indian status as compared to her brother and his descendants – simply based on sex. Sharon was therefore forced to bring a human rights claim to the UNHRC under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). The UNHRC found Canada had violated Sharon’s human rights and directed Canada to provide an effective remedy for Sharon McIvor, her descendants, and others who have suffered the same discrimination.

    It is important to note that Canada is bound by this decision. The ICCPR came into force for Canada on August 19, 1976 and Canada has agreed to be bound by the jurisdiction of the UNHRC to make decisions on matters coming before it. This means that Canada has chosen to be bound by the rights contained within this Covenant for the benefits of all those in Canada. In this case, the UNHRC found that Canada had violated Sharon’s human rights under articles 3 and 26, read in conjunction with article 27 of the ICCPR.

    Article 3 guarantees the equal right of men and women to enjoy the rights contained in the ICCPR. Article 26 provides that all people are equal under the law and specifically prohibits discrimination on the basis of race, sex, birth or other status. These two articles were considered in conjunction with article 27 which provides that ethnic minorities within States shall not be denied their right to enjoy their culture in community with other members of their group. The UNHRC found that Canada had violated Sharon’s rights under all three articles and directed Canada to do make “full reparation” to Sharon, her descendants and others in her position. Canada was directed to:

    (1)   Register all those like Sharon and her descendants, under section 6(1)(a) of the Indian Act;

    (2)   Take steps to clean up any residual discrimination within First Nation communities arising from sex discrimination in the Indian Act; and

    (3)   Take any additional steps necessary to avoid similar violations in the future.

    The federal government has been given a 180 days to inform the UNHRC about how it will implement this decision. The good news is that the federal government has the capacity to comply with the first part of the decision this month. The federal government already drafted amendments to the Indian Act’s registration provisions in Bill S-3 that would remove the remaining sex discrimination raised by Sharon McIvor’s case. The problem is that Parliament didn’t enact those provisions into force. While all the other amendments contained within Bill S-3 were brought into force in 2018, they purposely left our remedy for sex equality for “someday” – a hypothetical right that we can only hope is fulfilled someday. First Nations women deserve better than this.

    While the Indian Act’s registration provisions have a long, complicated history, and the various amendments made over time, including Bills C-31, C-3 and the most recent S-3 have created a complex mess of criteria almost impossible to understand; the core issue is simple. Indian women who married non-Indians and their descendants have lesser or no status compared to Indian men who married non-Indians and their descendants. Sex discrimination in federal legislation, like the Indian Act, is against Canadian law as well as international human rights laws to which Canada has agreed to be bound. There is simply no legal justification for continuing to deny the basic right of sex equality to First Nation women and children. To do so makes the federal government an outlaw – both in Canada and internationally.

    The question now is whether the self-professed “feminist” Prime Minister Justin Trudeau and his Liberal government will abide by the UNHRC decision or continue to violate the core human rights of First Nations women and children. Reconciliation with First Nations demands immediate implementation of this decision, but the Liberal (and Conservative) record is very poor when it comes to respecting the human rights of First Nations women. They have the power to do it – but it always has been, and always will be, a matter of political will.

    Sharon has sacrificed more than 33 years to this battle to protect the rights of First Nation women and our children. It is because of Sharon that I have a political voice as a First Nations woman. Implementing this decision will not only mean that my children will finally be able to be registered and included as members of my First Nation, but Sharon and I, and thousands of others like us, will finally be treated equally with our First Nation brothers.

    Canada cannot claim to stand as a champion of human rights in the global context while continuing to deny First Nations women and children basic human rights. Reconciliation requires shedding the hypocritical rhetoric and taking action to do what is morally right and legally required.

    The world is watching Canada. Here is our press conference calling on Canada to abide by UN decision and end sex discrimination: https://youtu.be/gy9evq7a6hg

    Link to the UNHRC decision.

    Link to CBC article about the case: https://www.cbc.ca/news/indigenous/indian-act-sex-discrimination-un-committee-1.4982330

  • Canada’s Ongoing Racial Discrimination Against Indigenous Women and Children Discussed at United Nations

    Canada’s Ongoing Racial Discrimination Against Indigenous Women and Children Discussed at United Nations

                             (Photo by NWAC of ONWA, CAEFS, myself and NWAC at UN) On August 14th and 15th, 2017, Canada appeared before the United Nations (UN) Committee for the Elimination of Racial Discrimination (CERD) to account for its efforts to eliminate racial discrimination in Canada. As part of this process, Indigenous groups and non-government organizations (often referred to by the UN as “civil society”) are permitted to submit “shadow reports” on Canada’s racial discrimination record. These reports do not form part of Canada’s official report to the UN, but UN committees, like CERD, use these shadow reports to get a more informed picture of what is happening in Canada. CERD is a treaty body which meets to review state parties progress or lack thereof under the Convention for the Elimination of All Forms of Racial Discrimination. This Convention was passed by the United Nations General Assembly in 1965 and came into force in 1969. Canada signed on to this convention in 1966. Therefore, Canada appears before CERD to account for its practices in relation to the convention before committee members from all over the world. https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-2&chapter=4&lang=en In this convention, state parties, like Canada, have agreed to core principles including: “universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion”. The convention also includes statements that the United Nations:        

    • “condemned colonialism and all practices of segregation and discrimination”;
    • “affirms the necessity of speedily eliminating racial discrimination throughout the world in all its forms and manifestations”;
    • “any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere”; and
    • “convinced that the existence of racial barriers is repugnant to the ideals of any human society”.

    The convention goes on to define racial discrimination as follows: “In this Convention, the term “racial discrimination” shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and           fundamental freedoms in the political, economic, social, cultural or any other field of public life.”

    International Convention on the Elimination of All Forms of Racial Discrimination

    Knowing that Canada would promote itself in a positive light and gloss over its deplorable human rights record in relation to Indigenous peoples, especially the dual disadvantage of racial and gender discrimination experienced by Indigenous women and girls specifically, several of my colleagues in solidarity agreed we needed to ensure these crisis issues were highlighted for the CERD committee. To this end, I partnered with several organizations that do a great deal of work advocating against injustices for Indigenous women and girls, to submit a shadow report on “racial discrimination” in Canada. Our collaboration included the Feminist Alliance for International Action (FAFIA), the Canadian Association of Elizabeth Fry Societies (CAEFS), the Ontario Native Women’s Association (ONWA), and myself as Chair in Indigenous Governance at Ryerson University. http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_NGO_CAN_28045_E.pdf

                                       (Senator Kim Pate CAEFS and I at UN) One of the downsides to these formal processes, is the very limited nature of these reports, in that we cannot canvass all issues completely. Knowing this, we decided to focus on some of the most urgent issues, knowing that other urgent issues could not be highlighted. We also took into account that Cindy Blackstock of the First Nation Child and Family Caring Society would be submitting her own report specific to First Nations children in care. http://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/CAN/INT_CERD_NGO_CAN_27941_E.pdf

                                  (Cindy Blackstock from FNCFCS and I at UN) There were many other written and oral submissions from Indigenous groups which highlighted other issues related to free, prior and informed consent, Indigenous land rights and the impact of development on Indigenous peoples and lands. So we tried as best as possible to avoid any duplication. These reports can be accessed at the United Nations Human Rights website: http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=CAN&Lang=EN      It was good to work with the late Art Manuel’s family members and Indigenous colleagues while in Geneva. It reminds me of the importance of Art’s lifelong work at the international level on Indigenous rights, land title and self-determination.

                             (Art Manuel and I in Geneva at a different committee) When I attended at the United Nations in Geneva, Switzerland there were so many groups who had traveled there to present to CERD, that we were only afforded 2-3 minutes maximum to make an oral presentation. As a result of so many presenters, the committee was not able to ask many questions. What follows is my oral presentation to the committee, keeping in mind we made more fulsome presentations at informal meetings and we referred them to our much more detailed written submission:

    ORAL PRESENTATION (2-3 minutes):

    Kwe, my name is Pam Palmater from the sovereign Mikmaw Nation and I am speaking on behalf of FAFIA, CAEFS, ONWA, RU on racial discrimination against Indigenous women and girls in Canada.

    Canada has long targeted us as the primary means to eliminate our Nations to free up land for settlement. Therefore, our experiences are unique as Indigenous peoples and should not be compared to racialized settler groups.

    Canada’s Indian Act created rules to banish Indigenous women and our children from our Nations – some of which are still in effect and found by UN human rights bodies to be a root cause of racial and gender discrimination.

    Our children were stolen by Indian agents only to become victims of physical and sexual abuse in residential schools.

    We were and are also targeted for forced/coerced sterilizations to reduce the population of our Nations.

    The Truth and Reconciliation Commission report found all of this to be evidence of cultural, physical and biological genocide.

    The direct result of this racialized and gendered discrimination is deteriorating socio-economic conditions for Indigenous women and girls:

    – Indigenous peoples are only 4% population but 50% of all kids in foster care are Indigenous;

    – 60% of Indigenous children live in poverty and the majority of their homes are headed by single Indigenous mothers;

    – Indigenous women and girls often lack of access to proper healthcare, education and the basics of food and water;

    – There is an 8-15 year reduced life expectancy and we suffer some of the highest suicide rates in the world;

    –  There are thousands of murdered & disappeared Indigenous women and girls;

    – Indigenous girls are over-represented in human sex trafficking, where traffickers often taken straight from foster care;

    – Numbers of Indigenous women in prisons has increased by 83% since 2003 and the majority were victims of residential schools, foster care and/or sexual abuse;

    – 90% Indigenous women in jail now have their children forced into foster care where they are sexually abused at disproportionate rates;

    None of these grim statistics is due to any defect in Indigenous women, girls, their families, communities or Nations – they are not the authors of own misfortune.

    Our report shows the direct link between Canada’s racialized and gendered discrimination as the root cause of poverty, which is the primary reason Indigenous children are stolen and placed into foster care; which acts as a direct pipeline to human sex trafficking, over-incarceration in prison, and high rates of murders and disappearances.

    Recommendations:

    (1) Implement UN (CEDAW & CERD) recommendations to eliminate sex discrimination from the Indian Act by ensuring that in Bill S-3, currently before the Canadian Parliament, Indian women and their descendants, born prior to 1985, are entitled to the same 6(1)(a) status as Indian men and their descendants;

    (2) Urgently provide adequate needs-based funding to all First Nation social programs (for all First Nation people on and off-reserve) at least on par with provincial levels with extra to account for historical under-funding (realizing that these programs are resourced from Indigenous lands and resources);

    (3) Restrict the use of prison for Indigenous and racialized women and girls and implement existing legislation to de-carcerate them (especially those with disabling mental health issues);

    (4) (a) Implement the recommendations of the CEDAW Article 8 Inquiry into the murders and disappearances of Indigenous women and girls, while at the same time take immediate steps to actively protect Indigenous women & girls from violence by all parties – including state parties and their police forces;

    (b) Direct Canada to ensure the national inquiry (i) reviews all individual cases of murdered and disappeared Indigenous women & girls and (ii) investigate police racism, abuse and sexualized violence against Indigenous women & girls (all within a human rights framework). 

    We have tried our best to build upon the foundations built by lifelong Indigenous women’s advocates like Sharon McIvor, who have helped educate UN committees on the ongoing crisis for Indigenous women and children in Canada in the hopes they will pressure Canada to finally take action.

                         (Sharon McIvor and I at the UN before a different committee)

    SPECIAL THANK YOU Welal’in to Ryerson University’s Aboriginal Education Council for supporting my travel to the United Nations so that we could do this important work. Please see my related videos on my Youtube channel: https://www.youtube.com/watch?v=i73EueU62tM&t=855s https://www.youtube.com/watch?v=bI3-Vc01InQ&t=5s https://www.youtube.com/watch?v=I2p_ScohgJc&t=1167s

  • My Brief for the Human Rights Committee’s Concluding Observations of Canada: Clarifications Related to Canada’s Testimony

    My Brief for the Human Rights Committee’s Concluding Observations of Canada: Clarifications Related to Canada’s Testimony

    Corporate Social Responsibility

    In the review, Canada stated that international treaties ratified by Canada are not binding law in Canada. Canada also stated that Canadian companies doing business abroad are expected to demonstrate Canadian values and follow applicable human rights laws. However, if the State does not consider ICCPR applicable law in Canada, then its corporate entities would have no reason to respect the human rights contained therein.  I would thus recommend that the Committee both clarify the UN’s position in this regard and recommend to Canada to specifically implement the ICCPR into domestic law.

    Gender Equality

    In the review Canada stated that it is committed to gender equality and claimed that women make 91% of what men make. In fact, the national wage gap in Canada is 18%, much higher than other countries. In some provinces like Ontario, that gap can reach 31%. The gap is significantly higher for Indigenous peoples at 30% compared to average Canadian, and in some areas of Canada, the gap is as high as 88%. 

    I would recommend that the Committee recommend that Canada undertake specific measures and develop specific targets and measures to address sex discrimination generally and the wage gap specifically.

    The Federal Court of Appeal in McIvor case confirmed gender discrimination, but Canada enacted Bill C-3 without consulting with First Nations, and which specifically denied any compensation for Indigenous women impacted. Indigenous women and descendants are the only group in Canada that has ever been denied compensation for a Charter right violation. 

    The Committee should also recommend that Canada negotiate a compensation package for all the Indigenous women and their descendants reinstated by Bill C-3 for loss of services (education, housing, health benefits, training). 

    Violence against Indigenous Women

    Canada stated that one measure to combat violence against Indigenous women are the 40 shelters on reserve. It should be noted that there are 633 reserves in Canada, which means there are shelters in less than 6% of on-reserve communities. Canada also portrayed the crisis of murdered and missing Indigenous women as one of crime, when domestic and UN reports have confirmed the root causes are in Canada’s discriminatory laws and policies, the culture of violence against Indigenous women, and the chronic and discriminatory underfunding of essential human services, like food, water, housing, education and health. 

    I would recommend that the Committee support the recommendations of the Special Rapporteur on the Rights of Indigenous Peoples, IACHR and CEDAW to develop a national action plan to address the socio-economic conditions which result in the disproportionate vulnerability to violence in partnership with Indigenous communities and Indigenous women’s organizations and commit to a national inquiry.

    Indigenous Children in Care

    Canada submitted that it does not know what factors are at play to explain the gross over-representation of Indigenous children in state care. 50% of all children in care in Canada are Indigenous, despite being only 4% of the population and represent 90% of children in care in provinces like Manitoba. Canada’s own studies have shown that the root causes are poverty, the chronic underfunding of child and family services for First Nations on reserve, inter-generational trauma from residential schools and state discrimination. 

    I would recommend that the Committee recommend that Canada fund Indigenous Child and Family Services at levels no less than provincial levels, with extra funding to address the backlog and volume of cases and for additional Indigenous staff, training, and infrastructure for CFS services on reserve with a focus of keeping children in their families, communities and cultures.

    Indian Act Sex Discrimination

    Canada stated in its response to the List of Issues at para.125 that: “the Indian registration provisions in the current Indian Act do not discriminate against women”. When questioned by Committee about unresolved sex discrimination in the Act, it responded that Bill C-3 was “a step forward” and “no one sees it as anywhere near being concluded”, but that Canada prefers an “incremental approach”. This is not a good faith application of either domestic or international law obligations in relation to gender equality. Practically, this means Canada prefers to defend lengthy and costly law suits which take upwards of 25 years to reach the Supreme Court of Canada. There is no justifiable reason for Indigenous women and their descendants to wait 139 years for the Act to be slowly amended to eliminate gender discrimination. 

    Indigenous women and their descendants are already impoverished and without Indian status, miss out on health benefits, post-secondary education, and other social programs critical to their health, safety, and well-being; which we already know makes them vulnerable to violence. Canada also stated that they have a “Special Rapporteur” that is currently “consulting” with First Nations on how to clean up the Indian Act discrimination. This is simply not true – and if it has done so, they have not informed anyone. 

    I would recommend that the Committee recommend to Canada that it amend the Indian Act to eliminate all sex discrimination in the Indian Act’s registration provisions and it could start by immediately by amending the registration provisions as follows:

    (a)    remove the 1951 cut-off and ensure that all direct descendants on the female Aboriginal line, born prior to April 17, 1985, are accorded the same 6(1) status as the descendants on the male line;

    (b)   ensure that no one born prior to April 17, 1985 who is entitled to status is consigned to s. 6(2) status;

    (c)    ensure that entitlement to 6(1) status is extended to the female child of the status man and non-status woman who were unmarried; and

    (d) all administrative barriers are removed so that unmarried status Indian women are able to transmit their Indian status to their children, even if the father is unstated.

    Police Misconduct

    In responding to various concerns raised in Committee related to sex discrimination, violence against Indigenous women, and police misconduct, Canada failed to mention the major class action suit filed against the RCMP by female staff and officers for sex discrimination. It failed to mention the Human Rights Watch report which documented instances of RCMP sexually and physically assaulted Indigenous girls. It also did not mention the Donald Marshall Inquiry, Manitoba Justice Inquiry or Ipperwash Inquiry which all found that racism against Indigenous peoples in Canada’s police forces is a major problem that has yet to be addressed. 

    I would recommend that the Committee recommend that Canada develop a more robust and transparent oversight mechanism for all police forces that is completely independent from both political and police interference which a specific focus on and Indigenous ombudsperson for Indigenous peoples.

    UNDRIP

    In the review, Canada did not orally respond to the question in committee about whether Canada has changed domestic law and policy to align with its endorsement of UNDRIP. In Canada’s Statement of Support it states: (1) it is an aspirational document (2) it’s not legally binding in Canada (3) it does not reflect customary international law (4) it does not change Canadian law. When former Minister of Indian Affairs John Duncan was questioned on the impact of UNDRIP, he responded that Canada has its “own agenda” and as a result does not “anticipate any significant change”. Canada’s endorsement of UNDRIP is not done in good faith or with intention to have any practical effect. 

    I would thus recommend that the Committee recommend to Canada that Canada implement the UNDRIP in good faith.

    Indigenous Languages

    In the review, Canada stated that the reason for Indigenous language loss included migration and the media. The real cause of language loss stems from Canada’s assimilatory laws and policies, like residential schools, which tortured, abused and shamed children for speaking their languages. Indigenous languages were literally beaten out of many generations of Indigenous children. Canada admitted this in its residential school apology: “The government now recognizes that the consequences of the Indian Residential Schools policy were profoundly negative and that this policy has had a lasting and damaging impact on Aboriginal culture, heritage and language.”

    Immediately after this apology, Canada cut funding to Indigenous languages further exacerbating the problem. Canada’s legal and economic promotion and support of English and French has not been extended to the same degree for Indigenous languages and they have no data to show that their minimal efforts in this regard have increased language use. In fact, Canada’s $5 million/year language budget amounts to less than $5 per Indigenous person in Canada annually. It is simply impossible to save languages at this token level. 

    I would recommend that the Committee supports the recommendations of the Truth and Reconciliation Report and recommend that Canada provide immediate and significant funding to First Nations on par with funding that supports English and French languages, to ensure immersion and adult programs in every First Nation in Canada.

    Submitted by Dr. Pamela D. Palmater, Mi’kmaw Nation, sponsored by Franciscans International, on July 9, 2015 in Geneva, Switzerland.

     Note:

                                  (Some of the NGOs in Geneva Switzerland)

    After hearing a great deal of misinformation and non-answers from Canada during the United Nations Human Rights Committee’s review of Canada’s obligations under ICCPR (International Covenant on Civil and Political Rights); some of the NGO’s (non-governmental organizations) that attended asked if we could submit clarifications to the committee before they conclude their review. We were given permission to do so, and some of us submitted briefs which were to be no longer than one page. My original submission contains footnotes and links to sources not provided here.

    Some of the other NGO’s (like FAFIA and Amnesty International), made clarifications and recommendations related to various issues, some of which included:

    – addressing homelessness as part of the right to life;

    – insufficient review and oversight of security and law enforcement under Bill C-51; 

    – the need to support unanimous recommendations by all international human rights bodies recommending a national inquiry and action plan on murdered and missing Indigenous women; 

    – need to Canada to respect laws related to free, informed and prior consent of Indigenous peoples for land use, including extractive industries;

    –  removal of sex discrimination from the Indian Act registration provisions; and 

    – clarifications around the skewed RCMP statistics which try to paint a discriminatory picture of Indigenous peoples.

    Canada was given 48 hours to submit written material to supplement their oral testimony. The Committee’s conclusions are due July 23, 2015.

  • My Submission to United Nations Human Rights Committee on Canada’s Human Rights Violations

    My Submission to United Nations Human Rights Committee on Canada’s Human Rights Violations

    Statement of Pamela Palmater

    to the

    114th Human Rights Committee Session:

    Formal Briefing on Canada

    (July 6, 2015 Geneva, Switzerland)

    Kwe, n’in teluisi Pam Palmater. I am from the sovereign Indigenous Nation of the Mi’kmaq in Mi’kma’ki, Canada. I am here as an impacted Indigenous individual thanks to the support of Franciscans International. Today I would like to testify to three urgent situations related to Canada’s obligations under the Covenant which are also raised in the joint submission presented by the NGO Mining Working Group in response to the List of Issues which I fully support:

    First, the criminalization of Indigenous peoples in Canada for our human rights advocacy and defense of our lands.

    Federal and provincial laws and regulations have criminalized Indigenous peoples’ traditional occupations and trade economies by making it illegal to hunt, fish, gather or use our natural resources within our traditional, treaty, title, trapping or reserve lands. Engaging in Indigenous rights advocacy or defense of the environment to protect the health of our lands, waters, plants, animals and people also results in our public vilification, beatings, arrests, imprisonment, and/or deaths.

    The incarceration rate for Indigenous peoples is 10 times higher than the national average. Since 2000, the Indigenous inmate population has increased by over 56% and in some prisons, represent as much as 65% of the inmate population. The Government’s own studies have consistently concluded that it is the result of racism in Canada’s justice system.

    The recently enacted Anti-Terrorism Act (C-51) threatens to treat peaceful Indigenous activists as potential terrorists. There are several examples in which Canada’s Ministers, military, and RCMP have already labelled First Nations as “insurgents”, “eco-terrorists” and “threats to national security.” Given this context, we feel that we will be targeted under this law if we continue our traditional practices.

    Second, the Committee ought to emphasize the growing crisis of poverty and discriminatory treatment of Indigenous peoples.

    Despite being less than 4% of the population, Indigenous children make up nearly 50% of all children in state care (90% in Manitoba). 73% of all water systems in First Nations are at high risk – for those that have running water. The majority of houses on reserve are in need of major repair and/or overcrowded (upwards of 25 people to a home). Indigenous peoples suffer higher rates of ill health, accidents, and injuries and have some of the highest suicide rates in the world. Indigenous women and girls are over-represented in those that are murdered or missing – 16% nationally, but as high as 55% in provinces like Saskatchewan. Indigenous peoples have lower rates of education and employment and live 7-20 years less than Canadians.

    As different UN mechanisms have consistently found, this crisis is particularly jarring in a wealthy and highly developed country like Canada – especially since the majority of the wealth comes from Indigenous lands.The situation is aggravated by the Government’s failure to protect Indigenous peoples’ rights, to remedy harms, and to properly fund Indigenous institutions.

    Third and finally, I emphasize Canada’s failure to consult with Indigenous peoples regarding legislation and actions impacting Indigenous lands and waters.

    Despite decisions from the Supreme Court of Canada directing Canada to consult, accommodate, and obtain the consent of Indigenous peoples, Canada has unilaterally limited debate and refused to consult with Indigenous peoples on legislation which impacts our inherent, Aboriginal and treaty rights.

    Peaceful civil actions by Indigenous peoples to protect lands and waters from clear-cutting, mining, hydro-fracking or pipelines are met with heavy RCMP intervention. State law enforcement is used to protect state subsidized corporations to engage in the extraction of Indigenous lands, waters and resources without our consent, to our social and economic detriment, to the destruction of our lands and waters and in violation of our human rights.

    Together with the NGO Mining Working Group, I urge the Committee to consider the following recommendations for Canada:

    (1) Repeal Bill C-51 Anti-Terrorism Act and all recent legislation unilaterally imposed on Indigenous peoples and start a comprehensive study and consultative process in partnership with Indigenous peoples;

    (2) Develop independent and more robust oversight, reporting, and redress mechanisms for Canada’s national security activities, law enforcement, and surveillance of Indigenous peoples and other environmental and human rights defenders;

    (3) Take all measures necessary to ensure that all domestic and international extractive activities by Canadian corporations comply with human rights obligations, including obtaining the free, informed and prior consent of Indigenous peoples;

    (4) Provide adequate funding to Indigenous peoples to address the multiple, over-lapping crises in education, health, housing, food, water, infrastructure, flooding;

    (5) Take emergency action to address structural discrimination especially the over-representation of Indigenous children in care; murdered and missing Indigenous women and girls; and the over-incarceration of Indigenous peoples; and

    (6) Implement treaties, address outstanding claims of lands and resources; and develop a more equitable revenue sharing structure in partnership with Indigenous peoples.

    (    Note:        

                              (Sharon McIvor and I at the United Nations in Geneva)

           The Committee only allows 3 minutes to present. Therefore, all presenters had to pick only 2 or 3 core issues to discuss. I could not read the entirety of even this small submission, so I hit the highlights of the issue and read the recommendations. Sharon McIvor was there to make a submission on two issues: murdered and missing Indigenous women and sex discrimination against Indigenous women and their descendants in the Indian Act registration provisions. Art Manuel presented on self-determination and Canada’s failures in this regard. Amnesty International spoke on a variety of issues, one of which was Bill C-51 and recommending its repeal. f

  • RCMP Report on Murdered and Missing Aboriginal Women is Statistically Skewed

    In 2014, the RCMP released a report on their “National Operational Review” on the issue of “Missing and Murdered Aboriginal Women” which amounted to 1181 women total – 164 missing and 1017 murdered.  The core conclusion of the report was that “Aboriginal women”* were over-represented in the numbers of murdered and missing. They cautioned readers that their report contained a certain amount of “error and imprecision” given the thirty year period of review, the human error of investigators, inconsistency of collection, and definitional issues.

    Let’s look at that caveat a little closer. The RCMP had to “limit” their file review to missing women who had been identified by RCMP on CPIC (Canadian Police Information Centre) as “non-white” female or “blank”. The category of “Aboriginal origin” was only recently added to CPIC and so could not possibly capture all Aboriginal persons. Similarly, the numbers do not include Aboriginal women who were mistakenly recorded as “white” or Aboriginal women who were reported missing but were never recorded. Given the high level of overt and systemic racism in policing as confirmed in the Donald Marshall Jr., Manitoba Justice, Ipperwash, and Pickton inquiries, the numbers of those missing never recorded could be extremely high.

    Now, let’s look at how the RCMP or other jurisdictions determine who is “Aboriginal”. The RCMP report notes that they used “perception-based assessment”. In other words, “how a police officer defines how an individual looks in terms of complexion and/or ancestry”. However, even this determination is not consistent across jurisdictions. Any number of jurisdictions use the following to identify persons:

                (1) official Aboriginal “status”;

                (2) officer discretion; and

                (3) self-identification.

    Based on the above, it would seem logical that the RCMP would miss identifying a large portion or even majority of Aboriginal persons. In the first methodology, I presume they meant to say “Indian status” or “Indian registration” because there is no formal or official “Aboriginal status”. I hope the RCMP know at least this much about the legislated identity of Indigenous peoples in Canada (hint: it’s in the Indian Act). For those that only use “Indian status”, that would exclude all the non-status Indians, Métis, and Inuit individuals in Canada. The most recent National Household Survey indicated that there were 1,400,685 Aboriginal people in Canada and only 637,660 of them were registered Indians. That leaves 763,025 individuals (more than half the Aboriginal population) excluded from possible identification as Aboriginal by RCMP standards.

    Even those who are identified based on their official Indian status, the RCMP fails to take into consideration the fact that there are well over 20,000 people with Indian status who do not descend from nor identify as “Indian” or “Aboriginal”. This is thanks again to the Indian Act which made non-Indian women and their non-Indian male and female children registered as Indians, despite their lack of Aboriginal ancestry or cultural connection. This equates to thousands of men with Indian status that are not in fact Aboriginal.

    With regards to the second methodology, the RCMP are identifying Aboriginal peoples based on a racist set of biological and/or physical characteristics which they unilaterally assign to Aboriginal people. In other words, “Aboriginal people” are treated as one race of people with certain pre-determined physical characteristics – like hair, eye or skin colour. They ignore the fact that Indigeneity is social, cultural, political, legal, territorial, and nation-based – not an identity based on race. This racist methodology would be as useless as trying to identify a Canadian citizen gone missing in the USA based on skin colour. Clearly, the RCMP would miss the vast majority of “Aboriginal people” using this kind of methodology.

    With regard to the third methodology of self-identification, the RCMP failed to indicate what percentage of jurisdictions actually rely on self-identification. This of course would not work in the context of a murdered or missing Aboriginal woman as she cannot self-identify. It might only work in the context of the woman’s family or friends choosing to identify her as Aboriginal. It is impossible to know how many people would voluntarily self-identify given the extent to which every level of the justice system is infected with overt and systemic racism as per the numerous justice inquiries. Many Aboriginal people have a justified fear of the RCMP stemming from residential school days, Starlight tours, and deaths in police custody – as well as provincial police forces for similar reasons.

    So, it is logical to conclude that the RCMP grossly under-counted the actual numbers of murdered and missing Aboriginal women in Canada. This conclusion is confirmed by the RCMP’s own admission that due to these methodological problems “a high number of Homicide survey reports where the identity of the victim (and/or accused) remained unknown“. This admission on their part is extremely important in understanding the racist dialogue which has recently unfolded at the Ministerial level.

    Aboriginal Affairs Minister Bernard Valcourt has been very vocal in his refusal to conduct a national inquiry into murdered and missing Indigenous women and little girls. He has publicly stated that part of the problem is that First Nation men “have a lack of respect for women and girls on reserve”. Aside from the fact that he forgot Métis and Inuit people who don’t live on reserves, Valcourt went on to tell Treaty 6 Chiefs that 70% of the cases, Aboriginal women were killed by Aboriginal men. The RCMP refused to release the statistics on the alleged perpetrators as they claimed a commitment to “bias-free” policing. That commitment did not last long as they issued a letter several days later to Treaty 6 Grand Chief seeming to back up Minister Valcourt.

    The RCMP’s exact words to Treaty 6 Grand Chief Martial were as follows:

    “In considering the offender characteristics, a commonality unrelated to the ethnicity of the victim was the strong nexus to familial and spousal violence. Aboriginal females were killed by a spouse, family member or intimate relation in 62% of the cases; similarly, non-aboriginal females were killed by a spouse, family member or intimate relation in 74% of occurrences.”

    This statistic confirms that Canadian women are more often killed by their spouse or families than Aboriginal women. Yet, in the second paragraph of this letter, the RCMP explain that despite their bias-free policing policy and despite their confidentiality agreement with Statistics Canada, they would release the sensitive information relating to offenders anyway in order to back up Minister Valcourt’s claims that “70% of offenders were of Aboriginal origin”.

    Some commentators rushed to conclude that the RCMP statement does in fact support the Minister’s claims and (a) that this somehow reduces Canada’s culpability for both creating and refusing to deal with this crisis; and (b) that, in fact, 70% of offenders were Aboriginal. Neither of these conclusions are correct. The RCMP’s statistics, as noted above, are extremely skewed and unreliable when it comes to the identification of Aboriginal people – victims or offenders. It bears repeating that the RCMP’s own assessment of problems in its methodology led them to conclude:

    “a high number of Homicide survey reports where the identity of the victim (and/or accused) remained unknown“.

    This means that a high number of the accused in murder cases have an unknown identity. Therefore, the RCMP’s claim that 70% of the accused are Aboriginal is highly suspect at best and completely inaccurate at worst.

    There is also a problem with the assumption that because 64% of Aboriginal women are killed by their spouses or families, that those offenders were in fact “Aboriginal”. Aside from having to make the racist assumption that Aboriginal people only have relationships with other Aboriginal people, the statistics do not bear this out. If you look only at the case of First Nations people, the vast majority of First Nations have out-parenting rates (children with non-Aboriginal people) that are moderate to high. Specifically, 246 First Nations have an out-parenting rate of 40-60%; 162 First Nations have an out-parenting rate of 60-80%; and 49 First Nations have an out-parenting rate of 80-100%. It is safe to say that no less than half of First Nations are in spousal or familial relationships with non-Aboriginal people. So, even if 64% of Aboriginal women are murdered by their spouses, it does not follow that those spouses are “Aboriginal”. Statistically, they are just as likely to be non-Aboriginal.

    One must also keep in mind that the RCMP did not include statistics on the number of RCMP and provincial police officers who have been accused of physically and sexually assaulting, murdering and/or causing to go missing, Aboriginal women in Canada. Despite a Human Rights Watch report which details accounts by young Aboriginal women and girls at the hands of the RCMP – the RCMP has refused to investigate its own members. We know at least one RCMP officer who lost 7 days pay for violating an Aboriginal women and one provincial court judge who plead guilty to physically and sexually assaulted Aboriginal girls as young as 12 years old.

    This shell game of numbers and statistics is meant to blame the victim and deflect attention away from Canada’s continued inaction to address this crisis which the United Nations has called a “grave violation” of our basic human rights. The crisis of murdered and missing Indigenous women and little girls continues while Canada (through Valcourt) blames the victim and the RCMP fail to live up to their duty to serve and protect everyone in Canada.

    Shame on them both. Nothing in the RCMP numbers changes anything. Canada has a crisis of murdered and missing Indigenous women and little girls regardless of who is doing the killing – and we need to address it.

    Don’t be fooled or distracted by Canada’s games. 

    We should all stay focused on pushing for both a national inquiry and for an emergency action plan to protect our women and girls and address the underlying root causes and inequities which make them vulnerable to begin with. * I use the term “Aboriginal” in this blog to reflect the terminology of the RCMP report only.

  • Genocide? Murder? Criminal Negligence? Or Passive Indifference? Canada is Killing Our People

    Racism doesn’t just hurt our feelings – racism kills. The two senseless deaths of First Nations children in a house fire in Makwa Sahgaiehcan First Nation in Saskatchewan from an unpaid bill of less than $4,000 has sparked outrage across Canada. In no other place in Canada would an ambulance, fire fighter or police officer ask a provincial resident if they had paid their taxes before answering an emergency call for help. Canada has a deep-seated racism problem which is killing our people. But to truly understand Indigenous outrage and sadness, one must understand both the context and true depth of this problem in Canada.

    In the mid-1700’s, colonial governments in what is now Nova Scotia considered the Mi’kmaw Nation to be “rebels” because we refused to give up our land. As a result, Governor Cornwallis issued a scalping proclamation that decimated the Mi’kmaw Nation by as much as 80%. In 1971, Donald Marshall Jr., was sentenced to life in prison for murder and spent 11 years in jail before his wrongful prosecution was exposed. A subsequent Royal Commission found the reason for his imprisonment was racism against Mi’kmaw people by all levels of the justice system.

    In 1999, the Supreme Court of Canada confirmed that the Mi’kmaw right to fish and trade it commercially was protected in our constitutionally-protected treaties. The result? Canada sent in law enforcement to beat, pepper spray and run over our fishing boats – in addition to legal charges. In 2013, Elsipogtog First Nation and other members of the Mi’kmaw Nation who supported their anti-fracking stance in Mi’kmaw territory were labeled “terrorists”, “militants” and “bad Indians”. The scalping law was not used but our people were beaten and imprisoned.

    From small pox blankets and scalping bounties to imprisonment and neglect – Canada is killing our people and Canadians will be next if nothing is done to change the value (or lack thereof) that we collectively put on human life – all human life. This dictatorial, police state is not what newcomers to Canada had in mind when they came to Canada. A territory shared with Indigenous Nations based on formal agreements (treaties) and information agreement (alliances) were founded on three principles: (1) mutual respect, (2) mutual prosperity and (3) mutual protection. Indigenous peoples, their families, communities and Nations protected and cared for newcomers. Our people fought in Canada’s world wars to protect our shared territory and people. Now it’s time for Canadians to stand up for Indigenous peoples.

    In 1971, Helen Betty Osborne was kidnapped and murdered in The Pas, Manitoba. Her grieving friends and family were treated like criminals while the accused men were given the royal treatment by law enforcement and left to walk free for years. This wasn’t the first time our Indigenous women and little girls have been victims of a racist Canada, but no action was taken. Today, Canadians are well aware of the thousands of Indigenous women and little girls have gone murdered and/or missing in Canada. Yet, there is no sense of alarm in Parliament, nor has the Canadian state taken any steps to work with First Nations to embark on an inquiry or implement an emergency action plan.  

    By 1996, the last residential school had closed which was supposed to mark an end to the theft of Indigenous children from our Indigenous families, communities and Nations. Literally thousands of Indigenous children were victims of murders, rapes, tortures and medical experiments – and upwards of 40% never made it out of some of those schools alive. The legacy of thousands of our children who died as a matter of state law and policy should at least have included a promise to stop stealing our children. Today, we have more than 30,000 Indigenous children in care and growing. The problems have not stopped – they are getting worse.

    The use of small pox blankets on our people to try to kill us off faster has been described by medical doctors as the first example of “biological warfare” during non-war times. Indigenous women and little girls were forcibly sterilized without their knowledge and consent for decades in an effort to stop us from reproducing. The Canadian state does not need to use such blatant policies to reduce our populations anymore – willful neglect has the same lethal effect. Federal, provincial and municipal governments are standing by while our people die. This is not an “Indian problem” – this is a Canadian problem that impacts every single Canadian and our collective future.

    In 2005,  Jordan River Anderson, a little boy from Norway House Cree Nation with many medical issues, died in hospital at 5 years old never having seen his home because the federal and provincial governments couldn’t stop arguing over who would pay. In 2008, Brian Sinclair, a double amputee, whose family had roots in Berens River and Fort Alexander First Nations, died after waiting 34 hours in a hospital waiting room waiting for treatment for a bladder infection – while nearly 200 people passed him by – including staff who wrongly assumed he was “sleeping it off”.

    The former Auditor General for Canada raised the alarms about discriminatory funding and the failure by Indian Affairs to take action on programs that would significantly impact the lives of First Nations. The Office of the Correctional Investigator has called the increasing over-representation of Indigenous peoples a crisis that needs to be addressed. The United Nations Special Rapporteur has made numerous recommendations on how Canada can address this multi-faceted crisis in First Nations. But Canada fails to take action.

    Despite Canada’s failure to act, First Nations continue to try to raise the alarm bells on this lethal situation. A failure to address the chronic underfunding has led to First Nations being 10 times more likely to die in a house fire than Canadians. Indian affairs own report done in 2011 indicated that a minimum of $28 million dollars was needed to prevent deadly fires in Manitoba alone – yet all 633 First Nations in Canada only get $26 million.

    Canada sits back and watches our people die needless deaths while we struggle to heal our families and communities, to rebuild after the theft of our lands and resources and to resist ongoing attempts to assimilate and eliminate us. The herculean effort at the grassroots level to protect our people is made more difficult by state propaganda that would blame us for our own misery, or deflect media attention by vilifying our leaders. Now Bill C-51 will make those of us who speak out against such inhumanity all “terrorists”. Then who will defend this territory?

    The Chief Coroner for Ontario released an especially rare and powerful report in 2011 on the child suicide epidemic in Pikangikum First Nation which had declared a state of emergency – a desperate call for help that went unanswered by Canada. Within a two year period between 2006 and 2008, 16 children between the ages of 10-19 committed suicide. 16 children died – not from accidental car crashes or unpreventable diseases but because the “basic necessities of life are absent” in Pikangikum who struggles to heal and survive amidst the “backdrop of colonialism, racism and social exclusion” and government neglect.

    16 little First Nation children committed suicide because the Canadian state creates and maintains the conditions of life that will either kill them or make them so hopeless they will kill themselves. That’s the UN definition of genocide.

    In the words of the coroner, this “was not a story of capitulation to death, but rather, a story of stamina, endurance, tolerance, and resiliency stretched beyond human limits until finally, they simply could take no more.”

    In what vision of Canada are the ongoing deaths of our people ok? We need Canadians to stand beside First Nations and support us as we defend the health of our lands and waters as well as the rights and freedoms of Canadians. This should not be our burden to bear alone anymore. Help us turn this ship around before we lose any more precious children.

    #StopBillC51 #RacismKills #Genocide #FirstNationsLivesMatter #foodfor7gens #mmiw P. Palmater, Genocide, Indian Policy and legislated Elimination of Indians In Canada (2014) vol.3, no.3, Aboriginal Policy Studies 27-54. http://ejournals.library.ualberta.ca/index.php/aps/article/view/22225/pdf_22 P. Palmater, Stretched Beyond Human Limits: Death by Poverty in First Nations (2011) No.65/66, Can. Rev. of Social Policy 112-127. http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

  • Déja Vu: RCMP Report on Murdered and Missing Indigenous Women

    After much prodding by the media, and the Harper government’s (Minister of Public Safety) review and approval, the RCMP finally released their report on murdered and missing Indigenous women. Although slated for a March release, in typical Conservative style, the much-delayed report was released on a Friday before the Victoria Day long weekend. The report not only confirmed the over-representation of Indigenous women as murdered and missing in Canada, but the figure of 1181 was nearly double the 600+ figure originally reported by the Native Women’s Association of Canada (NWAC). http://www.rcmp-grc.gc.ca/pubs/mmaw-faapd-eng.htm Indigenous women suffer a victimization rate three times higher than the Canadian population and are grossly over-represented in the number of women that go murdered and missing. While homicides have declined for Canadian women, the same cannot be said for Indigenous women. Indigenous women make up 4% of the population in Canada but 11% of the missing women and 16% of the murdered women. While these numbers are high, the levels in the western provinces and northern territories are frightening. The number of murdered Indigenous women in Manitoba is 49% and in Saskatchewan its 55%.

    On the positive side, the RCMP finally turned their investigative minds to this serious issue. Because the reality is, if the RCMP can’t be motivated to look into this crisis, there is little chance in getting their assistance in addressing it. We also now have additional statistics that the show that the problem is worse than originally thought which one would hope would spur the RCMP and others into emergency action. Further, it was important that the RCMP recognized that more than a police response will be needed to address this crisis and that all of the socio-economic issues must also be addressed.

    That’s the extent to which I can be positive about this report. For the most part, this report just recycled information we already knew. We already knew the over-representation of Indigenous women and girls in murdered, missing and victimization rates, as well as the socio-economic conditions which make Indigenous women and girls vulnerable. Secondly, this report suffers from a glaring omission – an analysis of the RCMP’s role in this crisis. While there are many good men and women in the RCMP who believe in justice, those who do not, need to be exposed. Finally, if this report is any indication of an RCMP “action plan” – very little is going to change. If we can’t get real about the root causes of this crisis, we’ll still be talking about this in ten years.

    In 1989, the Report of the Royal Commission on the Donald Marshall Jr., Prosecution concluded that Marshall had been wrongfully convicted of murder and spent years in jail simply because he was Mi’kmaw. “The criminal justice system failed Donald Marshall Jr., at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal.” The report went further to investigate how prominent “White” people were treated with Mi’kmaw people when accused of crimes. It concluded that the RCMP would not pursue investigations of prominent “White” people despite the evidence which showed an “undue and improper sensitivity to the status of the person being investigated” and made “the ideal of justice for all meaningless”. http://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf

    The 1991 Report of the Aboriginal Justice Inquiry of Manitoba looking into the murder of Helen Betty Osborne also concluded that despite the fact that it is well-known that Aboriginal women and girls suffer extreme rates of violence, the Justice system does not protect them. In the case of Osborne, the RCMP treated the Indigenous witnesses brutally in comparison to how they treated the “white” accused.

    http://www.ajic.mb.ca/volume.html

    Just in case the RCMP forgot that there was an issue in need of attention, the United Nations Rapporteur rang the alarm in 2004 when he concluded that the over 500 murdered and missing Indigenous women in Canada had been neglected for far too long by Canada. Again in 2010, NWAC brought the issue to the public eye by releasing their research which showed there were at least 600+ murdered and missing and stated that the numbers of Indigenous women and girls that are murdered while in police custody, prisons or child welfare authorities also needed to be investigated. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G05/100/26/PDF/G0510026.pdf?OpenElement

    Twenty years after Helen Betty Osborne’s death, a serial killer named Robert Pickton was able to kidnap and murder Indigenous and non-Indigenous women with little fear of getting caught. Why? According to Forsaken: The Report of the Missing Women Commission of Inquiry, Pickton was able to prey at will due to “critical police failures” to take reports of missing women, follow up and investigate thoroughly or in a timely way. Issues of racism, systemic bias and victim-blaming were all noted in the report. http://www.ag.gov.bc.ca/public_inquiries/docs/Forsaken-ES.pdf

    The most disturbing of all reports is the 2013 report entitled Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Colombia prepared by Human Rights Watch. This report concluded that Indigenous women and girls are not only “under-protected” by the RCMP but are in fact the objects of RCMP abuse. They highlighted the many allegations of RCMP officers sexually exploiting and abusing young Indigenous girls.. There are reports of confinement, rape, and sexual assault on Indigenous girls and some have led to law suits. They also reported on a class action law suit against the RCMP by its own female officers for sexual harassment and gender discrimination. http://www.hrw.org/sites/default/files/reports/canada0213webwcover.pdf

    While the government and RCMP have, at times, tried to blame the victims for their own circumstances, it seems very clear that a large part of the problem is government and RCMP’s racist and sexist attitudes towards Indigenous women and girls. In addition to Canada’s discriminatory laws and policies against Indigenous peoples generally, and women specifically, the Human Rights Watch group even reports on an example of the judiciary being involved in the abuse against these girls. David Ramsay, a provincial court judge, was accused of sexually assaulting and violently abusing girls between 12 and 17 and eventually plead guilty. How are Indigenous women and girls supposed to get justice if the Justice system participates in the abuse and rape of these women? http://www.canada.com/theprovince/news/story.html?id=b8a2e53c-5753-496e-a032-765fef4a0e5d

    One of the biggest impediments to moving forward is the continued failure of the federal government to have the RCMP investigated to determine the full extent to which racism against Indigenous people and sexism against women in general hamper their work. Harper’s own discriminatory attitude towards Indigenous peoples is a significant barrier to moving forward. Even the most recent United Nations report from the Rapporteur commented on how poor the relationship is between Canada and Indigenous peoples and has become worse since the last visit to Canada in 2003. The United Nations is not alone in its observation of deteriorating government relations – the Bertelsmann Foundation is the latest to note that Canada’s record on governance has declined under Harper, especially when it comes to Indigenous peoples. The UN further stated that Canada’s negative public comments about Indigenous peoples risks social peace. http://www.ohchr.org/Documents/Issues/IPeoples/SR/A.HRC.27.52.Add.2-MissionCanada_AUV.pdf

    We need a comprehensive emergency plan to prevent any more murdered and missing Indigenous women and girls. Multiple groups need to be brought together including (but not limited to) the RCMP, federal and provincial governments and police forces, Indigenous peoples, and experts to develop a plan of action. This plan should include many of the recommendations already noted in the commissions and enquiries outlined above (and won’t be repeated here). Addressing the chronic underfunding of basic human services like housing, water, food, and education is critical to addressing federally-maintained poverty which puts women and girls (and men) in vulnerable positions.

    It is important to ensure that at the same time as the emergency action plan is being carried out, that a proper comprehensive investigation of the RCMP for any role it may have had in physically abusing, confining, raping, sexually assaulting and/or causing Indigenous women or girls to go murdered or missing is critical. This investigation should include an analysis of how many times they failed to file reports, do investigations or follow up as per their standards and procedures. The RCMP and other police forces must be accountable for their actions with a view to ending this crisis. Otherwise, little has changed from the days when the RCMP would drag our children back to residential schools and ignore their complaints of abuse in the schools.

    Instead of letting another 10 years go by talking about murdered and missing Indigenous women and girls, Canada needs to take immediate emergency action on this crisis.

     

    Instead of Canada spending so much money surveillance of Indigenous advocates who are trying to protect Indigenous families, it could use that money towards adequate housing, shelters and supports for Indigenous women and girls.

     

    Instead of spending multi-millions to keep Indigenous peoples in prisons, Canada could use that funding to pay for k-12 and post-secondary education.

    Instead of spending millions on litigation to deny treaty rights, land claims and access to natural resources, Canada could spend those funds to support Indigenous peoples access their lands and resources to support self-sufficient Nations.

    Instead of trying to assimilate Indians , Canada needs to accept that we are here to stay and work together for our mutual benefit as envisioned by the treaties.

     

    Instead of allowing those who view Indigenous women and girls as worthless to dictate their fate, we need to recognize these women and girls are the future of our Nations and protect our life-givers.  

  • 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