Laurie River Lodge Adventures: Watch Out for Animals and Indians?

It is hard to believe that in 2014, there are still businesses who provide services to the public that have no problem profiting from the lands, resources and traditional knowledges of Indigenous peoples, but who, at the same time, spread racism and hatred against us. Laurie River Lodge, an outdoor adventure business located in northern Manitoba and owned by Brent and Erin Fleck, is one such company.

Laurie River Lodge has a website which includes a link to a promotional brochure which explains what clients can expect when they purchase an adventure with their lodge. Their website is:

http://www.laurieriverlodge.com/index.php

And their brochure can be found under the Heading "Outpost Plan" at the following link:

http://www.laurieriverlodge.com/downloads/2014/2014_trip_planning_guide.pdf

On the same page that the Lodge warns its customers about animals, it provides a warning about its Cree Indian guides. The offending comments can be found on page 10, under the section entitled “Section 1-9 What You Can Expect From Us”:
 

We take great care when hiring our staff; however the subject of Native Guides must be touched upon. We use Cree Indian guides from the town of Pukatawagon in northern Manitoba. They are wonderful people and fun to fish with however, like all Native North Americans, they have a basic intolerance for alcohol. Please do not give my guides alcohol under any circumstances. This is rarely a problem and by telling you in advance I hope to avoid it altogether.

The Lodge is speaking about the band members of Mathias Colomb Cree Nation (MCCN) whose primary reserve is located in Pukatawagan in northern Manitoba. They apparently use MCCN band members as guides for their business. It is also noteworthy that this business uses the lands and resources contained within MCCN's traditional, treaty and reserve lands as well as their trap-lines. Band members were so upset by these racist remarks that they contacted Chief Arlen Dumas and asked that he look into this and he responded immediately by sending out a letter to the Lodge owners.

Chief Dumas explained that he was "appauled" to see that this business profits from his Nation's lands, resources and people to ensure a profit for the owners, but at the same time promotes racist stereotypes against the very people they use to make a profit: Cree guides.

Chief Dumas explains:

Not only did you single out the band members from our reserve in Pukatawagan, but your brochure presented an ominous or threatening tone by stating and/or implying that:

(1)  Our Cree people have a genetic and/or biological intolerance for alcohol due to their race;

(2)  You warned the public against giving our members any alcohol due to this intolerance, one can only presume you meant that some sort of harm would come to the public; and

(3)  That while rare, this “problem” does occur and the public needs to avoid it.

None of the above statements or implications about our people are true. The comments are racist and negative stereotypes which only serve to promote or incite hatred against our people. There is no scientific basis for your claim that Cree people have an intolerance for alcohol, nor is there any basis for alleging that our Cree people would drink while working or that the pose a risk to the public.

As a result of such discriminatory remarks, Chief Dumas demanded that the remarks be removed from the website; a public apology be offered to all Cree and First Nation people; personal letters of apology be sent to all their Cree employees; and that they make amends to MCCN.

 

He concluded the letter by stating that if the Lodge owners refuse to address the issue, he would "have no choice but to take further steps to protect my band members from your racist, discriminatory incitement of hatred."

Chief Dumas is right to be upset about these public comments. It is not just a matter of taking offense to insulting words, this Lodge potentially faces a discrimination complaint, a civil suit and very bad publicity for their business.

The Manitoba Human Rights Code (provincial law) provides that Manitobans recognize that "to protect this right it is necessary to restrict unreasonable discrimination against individuals, including discrimination based on stereotypes or generalizations about groups with whom they are or are thought to be associated, and to ensure that reasonable accommodation is made for those with special needs" and such discrimination is prohibited.

The Criminal Code (federal law) under section 319 makes the public incitement of hatred against a particular group, like the Cree people a criminal offense.

The Charter of Rights and Freedoms (constitutional law) also provides that: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability".

Even international law protects people from racism and discrimination.

If morals could not guide these business owners, certainly they have an obligation to follow the law. It is no wonder why discrimination against Indigenous peoples has not subsided, given openly racist attitudes like this.

One would have thought the days of warning people against animals and Indians were over.

First Nations Controlled, First Nations Education Act: Standardizing "the Indian in the child"

On February 7, 2014, Assembly of First Nations (AFN) National Chief Shawn Atleo stood with Prime Minister Stephen Harper and Minister of Aboriginal Affairs and Northern Development Canada (AANDC) Bernard Valcourt and announced a “historic deal” on First Nations education. They announced that the federal government would change the name of education legislation to First Nations Control of First Nations Education Act, together with $1.9 billion in future monies.

Since then, First Nations have been trying to figure out on what authority AFN made this deal on our behalf, and what exactly this deal entails. Every time that NC Atleo or Harper speaks, it becomes more and more apparent that Atleo and Harper are NOT of the same mind in terms of what this “deal” entails. In case anyone had any doubt about the fragile, if non-existent agreement between AFN and Harper, one need only refer to the letter from AFN dated Feb.28, 2014 requesting clarifications from the Harper government about what the deal means.

You don’t have to hire a lawyer to know that you never ever commit to a deal without knowing what the deal is – i.e., get the details in writing. Atleo’s letter asks critical questions like:

-        Is Canada committed to working with First Nations?;

-        Will Canada “engage” or “collaborate” with First Nations on legislative drafting?;

-        Will existing agreements and MOUs be honoured by Canada?;

-        Is the funding new funding?; and

-        Is the funding secure?

It is almost unbelievable that the AFN would be asking these critical questions AFTER the deal has already been made and announced. What’s worse is that the AFN is asking these questions AFTER Atleo’s many media appearances and their FAQ Sheet which purports to answer these questions. How can the AFN assure First Nations that they will get to “inform” the legislative drafting process and then a few weeks later, ask the federal government if they will work with First Nations on the legislation?

The joint Atleo-Harper announcement on February 7, 2014 and all the media statements by both parties in the days and weeks that followed is a clear indication that there is no common understanding. Here is a summary of how each side interpreted the “historic deal” (that has no written commitments):

 

What AFN/Atleo Said	What Harper/Valcourt Said
Respects & recognizes rights, title & treaties	Not about rights, it’s about social development
Incorporates reciprocal accountability	Ensures transparent & accountable First Nations
No federal oversight	Feds will provide the standards, reporting and other oversight mechanisms to “ensure” First Nations meet “new” standards
Statutory guarantee of funding to address “real costs” of education	4.5% cap on funding (versus 6% pop growth)
Funding is guaranteed	Funding will be for “willing partners”
AFN will “inform” legislative process	Feds will draft legislation and regulations
Limited “enabling” legislation	Full “comprehensive” education legislation
New deal for First Nations	What’s best for Canada
Allows for diversity	Same standards for all First Nations

If this is THE deal (historic, but unwritten); which promises First Nation control (federal control of First Nations); and capped funding (future monies less than what is needed to take on new responsibilities); and a new relationship (where we voluntarily give up our treaty right to education) – then NO DEAL.

 

But we already told Atleo NO DEAL. We told him during Idle No More, we told him when the Chiefs marched on Parliament against legislation, and we told him when Ontario, Quebec and Saskatchewan pulled out of National Panel on Education. Atleo needs to start listening.

http://www.youtube.com/watch?v=Qnt7HsXLFL8

 

It's not hard - the problem has been identified in 100 studies: lack of real First Nation control, lack of funding and lack of culture and language in schools. The solutions have already been identified as well: First Nation control, adequate funding and culture and language. Legislation has never been required to do the right thing. It's an Aboriginal, inherent and treaty right that is protected in Canadian and international law. The government doesn't need legislation to respect the rule of law.

http://www.chiefs-of-ontario.org/sites/default/files/files/OCOFOV%20Education%20Report%202012.pdf

 

No amount of political spin can hide the swindle of the century  - legislating the future of our Nations out of existence by standardizing “the Indian in the child” to be like every other Canadian.

#NoFNEA

#NoFNCFNEA

#ImpeachAtleo

 

 

 

 

Manitoba's Epic Failure: Manitoba and Mining Companies Work Together to Deny First Nation Rights

Dr. Pamela Palmater, Chair in Indigenous Governance

And

Chief Arlen Dumas, Mathias Colomb Cree Nation

In Bruce Owen’s article in the Winnipeg Free Press “Chiefs agree to work on revenue sharing” dated Aug. 23, 2013, Manitoba’s Energy and Mines Minister Dave Chomiak announced that seven First Nation Chiefs had agreed to work with the province and mining companies on revenue sharing in the form of jobs and economic opportunities related to mining. Chomiak was also quoted as saying that the mining companies are onside with sharing revenue from mines with First Nations. However, in dismissing Red Sucker Lake First Nation’s actions to evict Mega Precious Metals from their territories, he failed to present the whole picture to Manitobans.

Manitoba is one of the only provinces that does not have a First Nation consultation policy, despite the Supreme Court of Canada saying since the 1990’s that the provinces have a legal duty to consult, accommodate and obtain the consent of First Nations for activities on their reserve, treaty and traditional lands. Despite their reference to a “draft” policy, First Nations have been left out of decisions in relation to natural resources on their lands. This has been a long-standing grievance with First Nations whose inherent, Aboriginal and treaty rights are constitutionally-protected. The United Nations Declaration on the Rights of Indigenous Peoples which Canada supported, also guarantees protections for First Nations lands and resources and reaffirms that states require First Nation consent.

While Chomiak’s quotes make it seem like Red Sucker Lake is the only First Nation opposed to illegal mining in their territory; that could not be further from the truth. Mathias Colomb Cree Nation has also taken steps to protect their traditional, treaty and reserve lands from Hudbay Minerals - a Canadian mining giant currently in court for alleged abuses of Indigenous peoples against mining in Guatemala. Hudbay was issued Stop Work Orders and eviction notices after failing to talk to Mathias Colomb Cree Nation.

These two communities are not alone in their efforts. On April 26, 2013, a protest was held outside of the Mines Branch in Winnipeg where approximately fifteen to twenty Chiefs, supported by Idle No More and other grassroots community members, were in attendance. Nine Chiefs, including Assembly of Manitoba Chiefs Grand Chief Derek Nepinak, Manitoba Keewatinowi Okimakanak Grand Chief David Harper and Southern Chiefs Organization Grand Chief Murray Clearsky, as well as Chiefs from Manto Sipi, Red Sucker Lake, Mathias Colomb Cree Nation, Wasagamack, Buffalo Point, and Garden Hill First Nations, issued a press release expressing very specific concerns against Manitoba’s illegal licenses and permits.

The Minister also failed to share that the mining companies are not onside with sharing the wealth from First Nations lands and resources. Hudbay Minerals has never provided any of the wealth to Mathias Colomb Cree Nation and its mining operations have negatively impacted the health of the plants, animals and waters in their territory. Similarly, Mega Precious Metals has not indicated a willingness to share the wealth from its mine on Red Sucker Lake territory. It is due to this consistent refusal by the province of Manitoba to comply with constitutionally-imposed legal obligations to First Nations, and the mining companies reliance on illegal licenses and permits, that First Nations in Manitoba are rising up to defend their rights. Even the United Nations report on mining on Indigenous lands deems licenses issued this way as “tainted” and not legal.

For Minister Chomiak to say that the mining companies are onside is perhaps the most outrageous claim in the article. In actual fact, both Hudbay and Mega Precious instituted heavy-handed measures against Mathias Colomb Cree Nation and Red Sucker Lake First Nations when they went out on their traditional lands and engaged in their peaceful traditional activities. The RCMP were called in, litigation was filed against the Chiefs and community members and injunctions were obtained to keep these First Nations off their own lands (and in the case of MCCN, an injunction was also obtained against Pam Palmater, an activist with Idle No More).

Just because seven Chiefs out of 63 want to meet with the province and mining companies, does not mean the majority of First Nations are onside with either Manitoba’s illegal licenses or mining companies who knowingly profiting from illegally-issued licenses and permits. To make this assumption would also ignore all the resolutions and motions passed from First Nations and First Nation organizations. For example, Swampy Cree Tribal Council passed a motion this year stating:

“Swampy Cree Tribal Council will not recognize any mining table, committee or working group or panel of experts set up by the Province of Manitoba or any decisions or recommendation they may make in relation to our lands and resources.”

Similarly, the Treaty Land Entitlement Committee resolved this year that:

“We hereby direct the federal and provincial government to honour and abide by our Moratorium not to use permits, licenses and any other dispositions or actions that may impact our Respective Treaty, Traditional territories and Ancestral lands”

The Assembly of Manitoba Chiefs and other First Nation organizations have passed similar resolutions supporting First Nations in their efforts to protect their sovereignty, land and resources. But this issue just isn’t about First Nations - First Nations are trying to protect all Manitobans from the province’s illegal activities, like allowing Hudbay to develop a mine in a provincial park.

 

It’s time Manitoba recognized the sovereignty and ownership of First Nations over their own lands and resources and started finding ways to work together to share the wealth and protect the lands as envisioned by the treaties.