Tuesday, March 22, 2016

PM Trudeau's Nation to Nation Relationship Disppeared with Empty Budget Promises


(picture from Google Images & Huffington Post)
 
Prime Minister Justin Trudeau won the hearts of many Canadians by finally getting rid of Stephen Harper and his decade of oppression, violation of civil rights and vilification of First Nations. Most breathed a sigh of relief on October 20th, 2015 when newly elected Trudeau talked about changing everything in Canada. He gave moving speeches about Canada’s shameful history with Indigenous peoples and committed to implementing all the calls to action from the Truth and Reconciliation Commission (TRC). Trudeau promised to start this process by implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)  and respecting the right of First Nations to say no to development on their territories. Most significant were his promises to renew the nation to nation relationship between Canada and First Nations which would be guided by the spirit and intent of treaties and that respected constitutionally-protected Aboriginal and treaty rights, inherent rights and First Nation jurisdictions. Today’s budget saw these promises evaporate into thin air only to be replaced by an under-funded program and service agenda.

Today is a very difficult day for many Canadians. They are being asked to celebrate a budget which is being promoted as “historic” not just by Trudeau and the majority of journalists and commentators in main stream media, but even by the Assembly of First Nations (AFN) National Chief Perry Bellegarde. Canadians are faced with two major obstacles to understanding this budget: (1) trying to figure out which numbers are accurate and (2) assessing those numbers in their proper context. First, it’s important to note that Trudeau’s budget plays a shell game on the actual funding commitment during his 4 year (now 3.5 year) mandate. As we all know, monies promised for future mandates are not monies at all. This budget promised $8.4 billion to First Nations, but is in fact, less than $5.3 billion.
 
ITEM
BUDGET 2016
ACTUAL $
(within mandate)
BUDGET vs ACTUAL
TOTAL
 
$8.4B
$5.3B
-$3.10B
First Nation
Education
$2.6B
$1.15B
-$1.45B
FN  
Infrastructure
$3.5B
$2.44B
-$1.06B
Other  
Programs
$1.1B
$706M
-$705M

So, in actual fact, Trudeau is only offering $5.3 billion in the next 3 budget years. The $2.6 billion he promised First Nations is really only $1.15B. He failed to deliver on his own election promise to First Nations. Now, he made sure to blame it on the Conservatives prior to the budget being released, but the failure is ultimately his. Still, without the proper context, many Canadians may think that billions of dollars is a lot of money. The chart below takes only a few examples and shows just how abysmally small this “historic” budget is in reality.

ITEM
NEED
BUDGET
NEED vs Budget
FN Housing
on Reserve
$20B
$550M
-$19.45B
FN Water
& sewer
$18B
$618M
-$15.4B
FN Education
k-12
$20B
$1.15B
-$18.85B
Indigenous
Languages
$8B
$5M
-$7.95B
National Inquiry
MMIW
$100M
$40M
-$60M

 Where did I come with the $20 billion for First Nation housing? Indigenous and Northern Affairs Canada (INAC)’s own internal report noted that the housing needs for the 63 First Nations in Manitoba would cost $2 billion. Since Manitoba First Nations represent only 10% of all First Nations, the national cost to address the housing crisis would be closer to $20 billion give or take a few dollars. In First Nation education, the 2% funding cap imposed by the former Liberal government created a cumulative deficit of over $20 billion. This means First Nations are more than $20 billion behind the starting line when it comes to infrastructure (schools), staff, training, materials, curriculum development, etc. That doesn’t include extra costs for post-secondary education which has created a waiting list of thousands of First Nation students. Yet, there was no budget line for post-secondary education – instead there was only a promise that Trudeau’s government would work with students, parents, educators and Indigenous groups to “explore” future options.

First Nation water and sewer should have been an easy budget line to address since there are already independent studies on what the actual costs are to address the crisis. The last report said it would cost almost $6 billion to fix the current water and sewer stock with an additional $2 billion for operation and maintenance needed over the next 4 years. Add to this a conservative estimate of $10 billion to add new water and sewer infrastructure that will be needed to service all the new houses needed in First Nations and you get a rough number of $18 billion. As anyone knows, the longer houses, water, sewer or any infrastructure system is left without maintenance and service, the worse it deteriorates, costing more to fix.

The commitment to protect and support Indigenous languages is one of the most shocking lines in this budget. The TRC report recommended substantial support to revive and protect Indigenous languages since they are only endangered because of Canada’s purposeful attempts to wipe out our languages in various assimilation policies including residential schools. I made a conservative estimate of the cost based on what is currently spent on protecting the French language in Canada – approximately $2.4 billion annually. Given that there are approximately 53 Indigenous languages spread out over 10 provinces and 3 territories, and given that the majority of these languages are in critical states nearing extinction, much more intervention would be needed up front to save them. Thus, $20 billion over 3 years would provide enough up front funding to create immersion programs on reserve, develop or expand curriculum, and hire and train staff. This is a massive undertaking which is no less important than protecting French language and is an essential part of real reconciliation.

It’s hard to believe that Trudeau would not at least ensure that the budget line for First Nation child and family services was consistent with the costs noted in the Canadian Human Rights Tribunal in the child welfare case it lost. An increase of $200 million is needed annually just to get child welfare funding for First Nations children somewhere close to provincial levels of funding. Yet the budget shows a mere $71 million for next year and $99 the year after. These levels are nowhere near what are needed to address the crisis of First Nations children in foster care. In Manitoba alone, 90% of all kids in care are Indigenous with one baby taken away from its mother every day on average. Nationally, despite being on 4% of the population, Indigenous kids represent about half of all kids in care. Sadly, it looks like Cindy Blackstock’s fight for justice for our kids is not over.

Even the amount set aside for a national inquiry into murdered and missing Indigenous women and girls pales in comparison to the costs of past inquiries. But we also have to realize that not all of the $5.3 billion is even going to go to First Nations. A large percentage is set to go to INAC, DFO, CMHC, NEB*, various political organizations and even former Liberal Prime Minister Paul Martin. So once again, the bureaucracy will benefit first. Also, due to the length of this blog, it couldn’t include any analysis of the funding deficiencies for Indigenous peoples living off-reserve or the Inuit in the north – which would only compound the grossly under-funded budget presented. There are just too many budget items to go through in the space of one blog. However, there are some glaring omissions that have to be highlighted.

ITEM
BUDGET
Implement TRC
Calls to Action
$0
Implement UNDRIP
Provisions
$0
Negotiate Nation to Nation
Relationship structure
$0
Implement Aboriginal &
Treaty Rights
$0
Review and repeal all legislation
enacted without consultation
during Harper decade
$0

All of the above were unequivocal election promises that were re-affirmed after Trudeau’s successful election, in his speech to the Special Chiefs Assembly. He told APTN in one definitive word that First Nations' right to veto a project on their land was absolute. His promise to change everything about the status quo that is currently killing our people was based on a renewed nation to nation relationship. Not only did he back away from supporting a First Nation’s right to say no to development, with this budget so too does the nation to nation relationship disappear. There are no real funds set aside to support this foundational promise and his words say it all.

Nowhere in the budget document does he refer to this “nation to nation” relationship, but instead refers to a renewed relationship with “Canada’s” Indigenous people aimed at “unifying Canada” and ensuring participation of Indigenous people in the economy. Throughout the document we have been downgraded from Nations to people, groups, communities and stakeholders. There is no mention of UNDRIP, TRC, or free informed and prior consent. There is no mention of the “sacred” constitutionally-protected Aboriginal and treaty rights in need of implementation. In fact, the nation to nation relationship based on free informed and prior consent turned into a "partnership" based on "consultation, and where appropriate, accommodation". We are back to square one: letting courts determine the relationship.

If you are the kind that is ok with endless "first steps" or "its a start" or believe "every dollar counts" or "something is better than nothing" or "we better take what we can get" - then I'm sure the budget works for you. However, I think our children deserve better than this. I think reconciliation envisions far more than this. If we don’t use our collective power as Indigenous Nations and allied Canadians to set this government back on track, we risk another lost decade and many more lost lives.

I think I can definitively say the honeymoon is over. Time to snap back to reality and stop being distracted by the shiny beads and trinkets contained in all the flowery speeches and smiling photo ops.

The health of our planet and future generations depends on us taking our role as the real governing power seriously. We need to hold this government accountable for its commitments and hold ourselves accountable to act and speak honestly. This budget is crap and we all deserve better.

*Note:
INAC = Indigenous and Northern Affairs Canada
DFO = Department of Fisheries and Oceans
CMHC = Canada Mortgage and Housing Corp
NEB = National Energy Board
 

Friday, January 29, 2016

Gang Rapes, Murders and Planting Evidence: New TV Show? No, Welcome to Ontario Policing


               Pam Palmater and Toronto Police Inspector Steve Irwin Giving Testimony Before Parliament (CBC News)

In 1989, the Royal Commission on the Donald Marshall Jr., Prosecution found that the criminal justice system failed Marshall “at virtually every turn” due “to the fact that Donald Marshall, Jr., is a Native."[i]Donald Marshall Jr., was a Mi'kmaw man who spent over a decade in prison after being was wrongfully convicted of murder. In 1999, The Aboriginal Justice Inquiry of Manitoba concluded that: “The justice system has failed Manitoba’s Aboriginal people on a massive scale.”[ii] Again in 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform noted we still have the same problem: “[R]acism is a major obstacle to healthy relations with the First Nations and … police organizations.”[iii] After the shooting death of unarmed land defender, Dudley George, the Ipperwash Inquiry concluded in 2007 that: “cultural insensitivity and racism was not restricted to a few ‘bad apples’ with the OPP but was more widespread.”[iv]It's #2016, and we still have the same problem and it looks like police racism and violence against Indigenous peoples has spread to women and racialized minorities everywhere.

This week, all of Toronto's attention had been on the conviction of Toronto police officer James Forcillo, who was found guilty of attempted murder in relation to the shooting death of Sammy Yatim.[v] Yatim was an 18 year old young man who only possessed a small pocket knife, when he was mortally shot three times in the heart. The officer then shot him 6 more times and was joined by another officer who then tazered him.[vi] The temptation is to think: one bad apple. Yet, only three days after the verdict, four Toronto police officers were arrested with seventeen charges related to planting evidence on a suspect and obstructing justice (lying) – all suspended with pay.[vii] What seemed to get even less attention were the three Toronto police officers who were charged in a gang sexual assault on female member of the Toronto police force and, like their colleagues, were all suspended with pay.[viii]

The problem is so critical in Toronto that there is even an organization called, Affected Families of Police Homicidewhich helps advocate on behalf of the teenagers, many unarmed who lost their lives to police action.[ix]Many of these victims come from Indigenous or racialized backgrounds. This isn't a Toronto phenomenon, though it appears to be particularly acute in Toronto. In the same year, a York Regional police officer who had served on the force for 31 years was charged with sexual assault of a minor.[x]The little girl was not even 12 years old. Then there's the Peel Region Police Officer Craig Watier charged with child porn related offences; Ontario Provincial Police officer Mark Maltais charged with a child porn offence - but suspended with pay; and Toronto Police officer Darious Kisielewski charged with making and possessing child porn.[xi] 

One of the more disgusting elements of police racism and violence in Ontario is the high degree of impunity the police seem to enjoy - all while getting paid. At the moment, there are at least 50 police officers suspended with pay in Ontario, at a cost of over $4.5 million to Ontarians.[xii] The primary concern seems to be that these men get paid, not the racialized people, women or children who are their victims. It should come as no surprise that we have a crisis of murdered and missing Indigenous women and girls in this country, when the police themselves become the predators. Whether it's outright targeting of Indigenous women and girls for violence, or refusing to protect them by locating the missing and convicting the killers - police racism and violence is exacerbating an already crisis issue.

It's not just Ontario's regional or municipal polices forces. The RCMP, Canada's national police force is literally rampant with police racism and violence. Manitoba RCMP Constable Kevin Theriault arrested an Indigenous woman at a house party for “intoxication”, locked her in a police cell, and showed up later in his street clothes and took her to his home with the intent to have a “personal relationship” with her.[xiii]Fellow officers goaded him on and even his senior officer said: “You arrested her, you can do whatever the fuck you want to do.”[xiv]His punishment was the loss of only seven days’ pay.[xv] Human Rights Watch documented numerous reports of abusive policing in British Columbia by the RCMP who are accused of raping and assaulting Indigenous women and girls in custody.[xvi] No one was brought to justice in those cases.

This phenomenon is not unique to BC and Ontario, as eight Quebec police officers were recently suspended after numerous allegations of sexual assault against Indigenous women were brought forward.[xvii]In Nova Scotia, RCMP were suspended for sexual assault of co-workers.[xviii]In Alberta, a 34-year veteran with RCMP charged in sexual assault of 12 year old girl.[xix]Even within the RCMP, sexual assault and harassment against their own female officers appears to be rampant as over 300 women have filed a class action lawsuit.[xx] Evidence of the wide-spread nature of police violence against women in general is staggering. But who are we going to complain to? Experts tell us that the conviction rate against police officers in Ontario and the RCMP is astronomically small. Then when we see a provincial court judge from BC imprisoned for sexually assaulting Indigenous girls between the ages of 12 and 16, we begin to wonder what the options are for society.[xxi]

This phenomenon of police violence and corruption appears to be widespread in Canada and the United States. Many grassroots groups and organizations have come together to shine a light on the victims of police violence, corruption and racism. Black Lives Matter that became “the rallying cry of the new movement against racist police violence”. [xxii]Disarm Toronto Police, Cop Watch, Police Watch, and Citizens Against Police Brutality - social media is growing with citizen groups organizing all over North America to bring awareness to police violence and address impunity. This is just the tip of the iceberg of what we know is happening in Ontario -the frightening part of what we don't know. How many more victims are there who never brought their complaints forward thinking no one would believe them over a police officer?

Ontario - you have a problem. So far, no one from the mayor, to the police chief to the Premier has stood up and expressed the horror the rest of us feel by the increasing police violence in this province. Gang rape is not something that should be heard in conjunction with police officers. Someone needs to show some leadership and clean up the cop shop. Police are hired to protect Ontarians and keep them safe from predators - not become the predators. This situation has reached crisis proportions and needs an immediate and comprehensive emergency action plan that includes independent investigations and legislative amendments. The days of police investigating police must be over. Every rape, assault or murder of citizens in Ontario, committed by police is now on the hands of those who have the power to do something about it. 

It's your move Ontario. #racismkills




[i]Chief Justice Hickman, Chairman, “Royal Commission on the Donald Marshall, Jr., Prosecution”, (Halifax: Province of Nova Scotia, 1989), online: <https://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf> at 1.
[ii]Aboriginal Justice Inquiry of Manitoba, “Report of the Aboriginal Justice Inquiry of Manitoba” (Winnipeg: Province of Manitoba, 1999), online: <http://www.ajic.mb.ca/volume.html> at 1.
[iii]W. Littlechild, Chair, “Legacy of Hope: An Agenda for Change: Final Report from the Commission on First Nations and Metis Peoples and Justice Reform”(Saskatchewan: 21 June 2004), vol.1, online: <http://www.justice.gov.sk.ca/justicereform/volume1.shtml> and vol.2, online: <http://www.justice.gov.sk.ca/justicereform/volume2.shtml> at 5-6.
[iv]S. Linden, Commissioner, “Report of the Ipperwash Inquiry” (Toronto: Province of Ontario, 2007), vol.2, online: <http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/report/vol_2/pdf/E_Vol_2_Full.pdf> at 272.
[v] W. Gillis, The Star, “‘Mystery’ charge only one that sticks in Sammy Yatim slaying” (Toronto: The Star, 26 January 2016), online: <http://www.thestar.com/news/crime/2016/01/25/mystery-charge-only-one-that-sticks-in-sammy-yatim-slaying.html>.
[vi] A. Hasham, The Star, "Forcillo guilty of attempted murder in shooting death of Sammy Yatim" (Toronto: The Star, 25 January, 2016), online: <http://www.thestar.com/news/crime/2016/01/25/jury-returns-in-murder-trial-for-const-james-forcillo-charged-in-shooting-death-of-sammy-yatim.html>.
[vii]P. Edwards, The Toronto Star, “Toronto police officers charged with obstructing justice, perjury” (Toronto: The Star, 28 January 2016), online: <http://www.thestar.com/news/crime/2016/01/28/toronto-police-officers-charged-with-obstruction-of-justice-perjury.html>.
[viii]M. Krishnan, et al; The Star, “Three Toronto police officers charged with gang sexual assault” (Toronto: The Star, 19 February 2015), online: <http://www.thestar.com/news/crime/2015/02/19/three-toronto-police-officers-charged-with-sexual-assault.html>. 
[ix]A. Carter, CBC News, “Victim’s rights group lobbying province, SIU for change” (Toronto: CBC News, 5 December 2013), online: <http://www.cbc.ca/news/canada/hamilton/news/victim-s-rights-group-lobbying-province-siu-for-change-1.2451123>.
[x]CBC News, “York Regional Police officer charged with sexual assault involving a minor” (Toronto: CBC News, 11 November 2015), online: <http://www.cbc.ca/news/canada/toronto/york-police-1.3314053>.
[xi]J. Moore, NewsTalk 1010, “Update: Former York Regional Police Sergeant accused of sexually assaulting a young girl” (Toronto: NewsTalk 1010, 11 November 2015), online: < http://www.newstalk1010.com/news/2015/11/11/update-former-york-regional-police-sergeant-accused-of-sexually-assaulting-a-young-girl>. CBC News, "Peel Regional Police officer faces child pornography, fraud charges" (Toronto: CBC News, 19 August 2015), online: <http://www.cbc.ca/news/canada/toronto/peel-regional-police-officer-faces-child-pornography-fraud-charges-1.3197105>. L. Dunick, TBNewWatch, "OPP sergeant facing possession of child porn charge" (Thunder Bay: TBNewsWatch, 28 January 2016), online: <http://www.tbnewswatch.com/News/380386/OPP_sergeant_facing_possession_of_child_porn_charge>. T. Alamenciak, The Star, "Toronto police officer charged with making child pornography" (Toronto: The Star, 10 September 2013), online: <http://www.thestar.com/news/crime/2013/09/10/toronto_police_officer_charged_with_making_child_pornography.html>.
[xii]M. Crawley, CBC News Toronto, “At least 50 police officers currently suspended with pay in Ontario” (Toronto: CBC News, 28 January 2016), online: < http://www.cbc.ca/news/canada/toronto/toronto-ontario-police-suspended-with-pay-1.3424010>.
[xiii]Indian Country Today Media Network, “Outrage over Mountie who took intoxicated native woman to his home” (ICTMN, 1 September 2015), online: <http://indiancountrytodaymedianetwork.com/2015/01/09/outrage-over-mountie-who-took-intoxicated-native-woman-his-home-158629>.
[xiv]H. Moore, CBC News, “Mountie takes woman home from jail to ‘pursue a personal relationship’” (Manitoba: CBC News, 8 January 2015), online: <http://www.cbc.ca/news/canada/manitoba/mountie-takes-woman-home-from-jail-to-pursue-a-personal-relationship-1.2893487>.
[xv]Ibid.
[xvi]Human Rights Watch, “Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Columbia, Canada” (Washington: Human Rights Watch, 2013), online: <https://www.hrw.org/sites/default/files/reports/canada0213webwcover_0.pdf>.
[xvii]APTN National News, “Eight Quebec police officers suspended in wake of alleged sexual assaults on Aboriginal women” (Winnipeg: APTN, 23 October 2015), online: <http://aptn.ca/news/2015/10/23/eight-quebec-police-officers-suspended-in-wake-of-alleged-sexual-assaults-on-aboriginal-women/>.
[xviii]Halifax Metro, “Nova Scotia RCMP suspend officer for alleged assault, sexual assault of female coworkers” (Halifax: Halifax Metro, 2 April 2015), online: <http://www.metronews.ca/news/halifax/2015/04/02/nova-scotia-rcmp-suspend-officer-for-alleged-assault-sexual-assault-of-female-coworkers.html>.
[xix]P. Roth, Edmonton Sun, “High0ranking Fort McMurray Mountie charged with cold-case sex assault of teen” (Edmonton: Edmonton Sun, 15 April 2014), online: <http://www.edmontonsun.com/2014/04/15/high-ranking-fort-mcmurray-mountie-charged-with-cold-case-sex-assault-of-teen>.
[xx]A. Woo, The Globe and Mail, “Sexual Harassment claims against RCMP reach 336” (Vancouver: The Globe and Mail, 18 July 2014), online: <http://www.theglobeandmail.com/news/british-columbia/sexual-harassment-claims-against-rcmp-reach-336/article19669218/>.
[xxi]CBC News Canada, “Ramsay gets 7 years for sexual assault” (Ottawa: CBC News Canada, 1 June 2004), online: <http://www.cbc.ca/news/canada/ramsay-gets-7-years-for-sexual-assault-1.479237>.
[xxii]K. Petersen-Smith, “Black Lives Matter: A new movement takes shape” (2015) International Socialist Review Issue 96.

Thursday, November 19, 2015

Harper's Gone, Now It's Time to Look Within

This is a blog I wish I didn’t have to write. I wish I could say that now that Canadians have changed their federal government that everything will be ok. But that is not a given. The decade-long reign of terror against First Nations, the environment and democratic rights and freedoms has worn on everyone. Yet there is still have a great deal of work to undo the harm that was done and prepare the path ahead for a safer, healthier and more just future for First Nations and Canadians alike. Nothing will change for us unless we address all the contributing factors to our current situation and that includes the many afflictions we suffer due to such extensive and prolonged colonization. The life-long work of so many Indigenous activists, defenders and natural leaders culminated in the Idle No More movement and helped empower our people to understand some of the very complex ways in which centuries of colonization has impacted our peoples. But understanding the sickness of colonization is only the first step. It’s time we finally got rid of what isn’t working for us – even if that means parting ways with long-established advocacy organizations or demanding better of our leaders.

I love our people. I am so proud to be L’nu – to be from the Mi’kmaw Nation and have many relations in other First Nations. I am so honoured to be able to stand on the same territories that our ancestors did. None of us ever want to be publically critical of our own people. We have a strong sense of solidarity and unity across Turtle Island. But we cannot ignore the tremendous power that Canada’s assimilatory laws, policies and programs have had on us. The extreme suffering of our people – scalpings, rapes, tortures, sterilizations, starvations, and prison can turn our best leaders from proud defenders of our sovereignty and identity to those who would settle for programs or contracts to try to bring relief to our people. This is not a matter of blame or judgment. How many Canadian politicians could stand before their constituencies and tell them to hang tough while their little girls go murdered and missing or their little boys hang themselves? Precious few I am sure. I don’t blame or judge any of our peoples and in fact I think we need to forgive ourselves for the many ways in which colonization has impacted us. It wasn’t our doing, and we have paid a dear price - but we can't let it continue to hurt our people.

One of the many prices we have paid for such extensive control over our peoples by the federal government is the way in which Canada has slowly gained control over our political and advocacy organizations. We have to remember that during this last decade, it wasn’t just Harper that was a problem for First Nations, but some of the National Aboriginal Organizations (NAOs) were as well. The Congress of Aboriginal Peoples (CAP) was the first to hitch itself to the Harper government and former President Patrick Brazeau gained himself a Senate seat for his outrageous anti-First Nation rhetoric. Aside from his offensive videos shot from the Chamber of the Senate, he was combative towards First Nation people who appeared before him at committees, especially women. CAP, the former Native Council of Canada, had been established to advocate for the rights of off-reserve Indians, non-status Indians, and Métis peoples and were included in the constitutional talks of the 1980’s and at the Kelowna Accord negotiations.

However, under Brazeau’s tenure, it quickly descended into an anti-Chief and anti-First Nation organization that betrayed its original purpose. At one regional meeting, President Brazeau was chanting – down with the Chiefs! We are all too familiar with the disgraceful conduct of Senator Brazeau which was followed by criminal charges and investigations. His successor, Betty-Ann Lavallee carried on in Brazeau’s path by hitching herself to Harper’s government and CAP literally dropped out of sight. Whenever CAP did make a statement, it was merely to echo Harper initiatives. An organization that was formed from the spirit and resistance of Indigenous peoples who were excluded by Canadians laws and policies became an organization of that same government. The organization has remained ineffectual and irrelevant ever since.

The much critiqued Assembly of First Nations (AFN) wasn’t always what it is today either. After WWI, the League of Indians was the first major attempt at national body which could represent First Nation interests nationally. Insiders explain that significant government interference with their activities prevented it from taking hold. After WWII, they tried again with the National American Indian Brotherhood, but again a lack of funding and government actions were cited as impediments to its success. The National Indian Council (NIC) was formed in 1961 to provide unity among all Indian people and represented Treaty, status, non-status and Métis people (the Inuit were excluded). Discord grew within the organization, so in the 1970’s, several key First Nation leaders like George Manuel and Harold Cardinal (and others) formed the National Indian Brotherhood (NIB) which focused on First Nation issues. Coinciding with the patriation of the Constitution, the organization later became the Assembly of First Nations (AFN).

While the NIC/NIB/AFN originally had good intentions and did a great deal of advocacy work, over the years, the original vision of those early leaders seems to have been lost. This last decade has seen a significant downturn for the AFN as it has lost legitimacy among many grassroots peoples and even some of the Chiefs. Despite the incredible opportunity with the massive Idle No Movement, the AFN instead propped up the Harper government and chose to ignore the obvious will of the people. When the Former National Chief, Shawn Atleo, chose to go against the demands of the grassroots people in Idle No More and Chief Spence and met with the Prime Minister, instead of hold out for a meeting which included the Governor-General, we knew the AFN had changed. Many Chiefs protested against this meeting and chose to march on Parliament with their grassroots citizens instead of support the AFN. Some Chiefs even officially withdrew from the AFN or wrote letters saying the AFN no longer represented them. But the AFN did not adjust their actions to account for this growing dissent.

Despite resolutions from Chiefs and the widespread criticism of AFN activities by grassroots citizens, the AFN continued its secret meetings with the Harper government. Many Treaty First Nations then organized as the National Treaty Alliance to ensure that their treaty rights were protected. They wanted to make clear that the AFN did not speak for them and could not make deals on their treaty rights. Even the Confederacy of Nations, provided for under the AFN Charter, was reinvigorated in an attempt to get control back over the AFN. The AFN stayed the course and sided with the government instead. The final straw was the surprise joint announcement by Atleo and Harper on an education “deal” that did not have the consent of First Nations. The outcry from Chiefs and grassroots citizens ultimately led to Atleo’s resignation. The AFN has never fully recovered.

I wish I could say that simply getting rid of these organizations would change everything – but that would not be true. Unlike with organizations like CAP, the power and influence of the AFN extends well beyond any term of office for its regional or National Chiefs. If we look at where some of the current and former regional and National Chiefs have ended up, this gives us a clearer picture of why we should be so concerned about what actually happens in those organizations and why we change is so desperately needed.

One of the worst examples is that of the current AFN Regional Chief for New Brunswick and PEI, Roger Augustine. While Regional Chief, he publically defended illegal vote buying in First Nations.


Augustine’s “something is better than nothing” motto is why he was always in support of Atleo’s education deal – even in the face of opposition from so many Chiefs.


Now, despite the fact that his is still a sitting AFN Regional Chief, he is also secretly part owner of a company called GITPO Storm Corporation in partnership with former National Chiefs Matthew Coon Come, Ovide Mercredi and Shawn Atleo. Their corporation is set up in New Brunswick at 8 Gitpo Road in Eel Ground First Nation.


This is the exact same business address used by AFN Regional Chief Augustine as his AFN office.


Does the AFN itself not see this as a gross conflict of interest? Where in the Charter of the AFN has their mandate changed so dramatically? The AFN Regional Chiefs are elected to bring the views and interests of their constituents (Chiefs in their region) to the AFN. The Regional Chiefs, as part of the AFN, are elected to advocate on behalf of First Nations rights and interests. More recently, Atleo explained that the AFN was allegedly there to “open doors” for First Nations within government. It was never set up nor provided with a mandate for individual Regional Chiefs to negotiate with corporations and businesses to see how much profit they can make personally within the territories of the Chiefs they serve. The inherent, Aboriginal and treaty rights of Mi’kmaw and Maliseet peoples in New Brunswick belong to the peoples within those two Nations. These rights do not belong to the AFN or their elected representatives. I am from Mi’kmaw territory in New Brunswick, as are my family and friends, and none of us were informed about this AFN company.

If this is a company that was set up on behalf of First Nations, then it begs the question as to why Mi’kmaw and Maliseet citizens were not informed. Why is it that this company has been in operation for a year without many knowing? We do not yet know why they are set up out of New Brunswick, or why the AFN is involved. Why would former National Chiefs be partnering in business ventures with the AFN? Some of the Chiefs worry that their company was set up to get contracts related to major natural resources projects in New Brunswick, including the Energy East Pipeline and/or Sisson Mining Project. We don’t know for sure because no one seems to much about this company or how much money its partners have made from it.


The information about this partnership is as much of a surprise as was the announcement by Atleo that took place only two hours after Perry Bellegarde was elected. Shawn Atleo announced that he had been appointed as the new Senior Advisor to Pacific Future Energy Corporation, one of the companies wanting to build an oil refinery in BC. His former AFN staffer, Jeffrey Copenace, is Senior Vice-President. It was further announced that former National Chief Ovide Mercredi would also be joining the team.


The Chair of Pacific Future Energy is none other than former Conservative Cabinet Minister Stockwell Day, who served as Minister of Public Safety and then Minister of International Trade in the Harper government. The former partnership between AFN and Conservatives manifested as a business deal after Atleo’s resignation from the AFN. Instead of advocating for Aboriginal and treaty rights, Atleo will now promote the oil industry.

Mercredi was one of the former National Chiefs who most vocally defended Atleo during Idle No More protests and the widespread criticisms from Chiefs, despite his former role as the Treaty 1-11 spokesperson. He is now not only affiliated with Atleo in Pacific Future Energy, but also GITPO in New Brunswick. Mercredi is not just a former AFN National Chief, he is now also the President of the Manitoba NDP – ironically one of the most conservative governments in Canada. Manitoba has the highest rates of murdered and missing Indigenous women and little girls, the highest rates of Indigenous children in care, some of the highest rates on incarceration, and possibly the worst government record on mining and other industry abuses on First Nation lands. So, have the AFN and Manitoba NDP have partnered to seek natural resource contracts in New Brunswick?


To make matters even more confusing, several months after the announcement of Atleo and Mercredi joining Pacific Future Energy, SNC Lavalin made their own announcement that they were teaming up with Atleo. Atleo’s company: A-in-Chut Business Group is set to do the pre-engineering studies for Pacific Future Energy with SNC. The overall plan is to transport Alberta tar sands oil to a refinery in BC for transport by tanker to Asia.


Aside from being surprised, I am very disappointed. These former National Chiefs and current Regional Chief were elected by the Chiefs and were given all of their power and influence from those Chiefs. Their ability to act as National Chief was a privilege and a great responsibility. The power and influence they have today is owed in part to that given to them when they were National Chief. They may no longer be National Chiefs, but many elders and traditional leaders have argued that they have an enduring responsibility to ensure that they use that power and influence in a good way. Some have even said that because of that incredible privilege bestowed on them, they have to conduct themselves to an even higher standard. I am not an elder, nor am I a traditional leader, so it is not for me to say whether or not this is the case. But it has always been my personal view, based on my Mi’kmaw upbringing, that a leader always carries that obligation for their people with them.

These are the same people who know the conditions of our people and know the causes. They know that the dispossession of our lands and resources is the root cause of our poverty. Some of these leaders have suffered personally at the hands of government policies designed to assimilate or eliminate us. Despite their own struggles, some of these men did some good work during their tenures as National Chiefs at the AFN. That is what makes situation all the more disappointing. How does one go from advocate for First Nations to advocate for industry? It is hard enough for First Nations to battle federal and provincial governments and the massive extractive industry, but it creates a near insurmountable task for us to try to counter our own people. This is especially true when many of our Nations have cultural protocols which discourage us from acting in a way which disrespects our former leaders or elected, traditional or hereditary. We prefer to be united and support one another.

The AFN and Manitoba NDP representatives have created a near impossible situation for Mi’kmaw and Maliseet people of New Brunswick. If these former National Chiefs sign contracts for infrastructure or projects related to natural resource extraction in our territory, it will impede on our ability to say no to the project. Imagine the optics of Mi’kmaw and Maliseet peoples deciding that no pipeline will come to New Brunswick, when a company of 3 former National Chiefs and one current AFN Regional Chief have already signed and benefitted from contracts related to those projects? Imagine the public’s confusion when former AFN Regional Chief Jodi Wilson Raybould, as Minister of Justice, appears in litigation against Mi’kmaw or Maliseet land defenders asserting our Aboriginal and treaty rights and Canada’s evidence will include affidavits from former AFN National Chiefs saying the pipeline is great business? I am wondering how much thought went into this company outside of financial and business considerations?

However, our elders have always told us that the core of sovereignty is acting in defence of our peoples, lands and cultures – even if this means challenging one of our own who may be taking us down the wrong path. I am disappointed in these business partners because it was kept a secret from the people. Part of what makes our resistance to colonization and ongoing dispossession of our rights so difficult is the lack of information. Our people are always the last to know about projects in our territory and we never get all the information. As the last to know, we rarely have enough time to research and provide our input. Government and industry take advantage of our lack of access to information and a lack of resources to mount a defense against violations of our rights. Imagine how much harder this will be with the AFN involved on the side of industry?

I am not suggesting that no Indigenous person ever open a business, work as a consultant, or sit on boards and committees. I think everyone benefits from the wisdom, experience, skills and perspectives of Indigenous peoples.  Nor am I suggesting that no Indigenous person should ever work with the extractive industry in certain capacities that try to help change how they do business. I admit that there is certainly no Canadian law against former AFN National Chiefs doing any of these things. But the first laws of our territories come from our sovereign Nations. While our laws are as diverse as our Nations, I think it’s pretty common knowledge that no one gets to hunt, fish or use our territories without our knowledge and consent. This has been the law since time immemorial. Even the United Nations Declaration on the Rights of Indigenous Peoples, quoted by AFN, says nothing happens without “free, informed and prior consent”. That applies not just to federal and provincial governments, and corporations, but also to other non-territorial First Nations. Setting up a company designed to get “Aboriginal” contracts from projects in our territory based on our Aboriginal and treaty rights is as offensive as hunting in our territory without consent.

We have a very unique situation in Mi’kmaw and Maliseet territory. Despite many attacks on our people, and even scalping bounty on our heads, we have never surrendered our lands. Our lands are unceded territory. Therefore we have original Aboriginal title to all the lands in the Atlantic region. We also have constitutionally-protected Aboriginal rights and numerous treaties as well. Our rights are very strong and the last thing we need is for some First Nation people from other territories coming into our territory and making deals. We have not even decided as Nations what projects we accept and which we don’t. As the landowners, these are our decisions to make. In our territory, it is the province and industry who must ask us for permission, not the other way around. The discussion with the province should no longer be consultation and impact benefits (low level jobs and contracts), it’s about ownership and jurisdiction. It is certainly not appropriate for the AFN, Manitoba NDP, or the current sitting Grand Chief of the Cree to act this way in our territory.

If we are truly to empower one another, let’s start by respecting the sovereignty and laws of our respective Nations.

Tuesday, November 3, 2015

The Worst Thing That Could Happen is a First Nation Minister of AANDC

Justin Trudeau will be sworn in as Prime Minister on November 4 and the question that seems to be dominating social media is whether or not he will appoint a First Nation person as the Minister of Aboriginal Affairs and Northern Development Canada (AANDC). Ever since contact, colonial officials sought out individual “Indians” to act on the Crown’s behalf in various contexts – as cultural and language interpreters, military scouts, and spies. In a modern context, Canadian officials have resorted to manipulating individual Chiefs to promote federal initiatives that they know run counter to our Aboriginal and treaty rights or will be met with mass resistance. This divide-and-conquer technique of pitting First Nations against First Nations has always been used to help the Crown deflect attention from the Crown’s culpability on any given issue. The worst thing that could happen for the promised nation to nation relationship is if Prime Minister Trudeau appointed a First Nation person as Minister of Aboriginal Affairs and Northern Development Canada (AANDC).

Sometimes people misunderstand the role of Crown representatives. There is no doubt that diversity on cultural, gender, and regional fronts  helps the government be more representative of the public, better inform policy and decision-making, and make for a more productive and effective government. The research shows that this is true in both matters of government and business. However, outside of considerations of governance, Crown representatives are always Crown representatives. They are there to protect the interests of the Crown. They may have been elected by a specific constituency and can represent them politically or advocate on their behalf, but Cabinet Ministers are “Ministers of the Crown”. Therefore, even the Minister of AANDC is there to represent - first and foremost - the interests of the Crown – whether the person is First Nation or not.

That said, it is true that the Supreme Court of Canada has added to the Crown’s obligations to First Nations in specific circumstances. Some of these special considerations include fiduciary obligations attached to the honour of the Crown, which gets expressed in a variety of ways from having to act in good faith, consulting with First Nations, and honouring commitments. However, it must be remembered that Members of Parliament owe their duty to “the system”, i.e., the Constitution, the rule of law, and all regulations imposed by Parliamentarians. Yet it is this “system” which has been found by numerous commissions, reports and investigations to be racist, exclusionary, and oppressive to First Nations. Thus, the very act of being a Cabinet Minister, therefore, sets him/her directly against First Nation interests. This is evident in the hundreds of court cases which name the Minister of Aboriginal Affairs and Canada against First Nations. In every single case, Canada litigates AGAINST First Nations. Changing the face of the Minister won't change this fact nor does it change the racist system itself, which is the underlying problem. The Indian Act and thousands of federal laws, regulations and policies are still in place. It just looks less offensive – but putting a nicer face on it doesn’t make it any better and can actually cause more harm.

If Trudeau is truly serious about a Nation to Nation relationship with First Nations, then he needs to come to the table in an honest way. Canada doesn’t need to portray its Cabinet Ministers to be anything other than what they are: they represent the Crown’s interests, not ours. Let’s have true nation to nation meetings with representatives of the Crown and move forward from there. It will be up to the First Nation side to how they wish to negotiate as Nations – either as larger Nations, i.e. Mi’kmaw Nation, Haudenosaunee, or Maliseet Nation; or whether they wish to represent their collective nation-based interests by way of region, treaty or otherwise. Let First Nations do the work of their Nations and Canada focus on how it will move forward in a more just way - beyond the lethal status quo.

While we heard a great deal from the AFN about Nation to Nation relationships, their political actions betrayed them. Secret meetings between the National Chief and the Minister of AANDC do not equate to a nation to nation relationship. In fact, secret meetings, surprise announcements about deals with Canada, and a complete failure to call Canada out for its destructive, assimilatory agenda, was part of the AFN’s undoing. But it had to happen as it is the grassroots people who are the true governments of their Nations. The people simply took their power back and told their leaders that sovereignty starts with each Nation – not with a national political organization. Canada would never allow a political corporation to represent its interests in nation-based issues – why would we? Thanks to Idle No More movement, our grassroots people have empowered themselves to take a stand against all who threaten our sovereignties, jurisdictions, lands, cultures and identities. It doesn’t look like our people are willing to let things go back to the way they were. Trudeau will have to find a way to deal with this new reality if he expects to fully realize a nation to nation relationship.

To appoint a First Nation Minister of Aboriginal Affairs will divide our Nations, and set us up to be for or against the “First Nations” Minister – a situation none of us want to be in. It will also act as a media distraction for more important issues, like murdered and missing Indigenous women or children in care. It will also unfairly make this Minister and this Minister alone, the target of all anger, criticism, and blame when things go wrong in the relationship. It would make Canadians lose sight that the fault is not in the Minister, but in the system and the entire Cabinet which keeps this unjust system in place.

It’s time for the Crown to act honourably and come to the table in an honest and open way. Putting a First Nation Member of Parliament as Minister will not help us move back to nation to nation relations, but distract from that goal. Real change requires a radical departure from the old divide-and-conquer tactics of the past. In the end, Trudeau, his Cabinet, and the entire federal government must realize that the hard work that lies ahead to make amends for the harms done to First Nations; the committed effort needed to address this racist and oppressive system; and the sacrifices needed to restore justice in Canada is a burden that must be borne by Canada, and Canada alone. If we have learned anything from the Truth and Reconciliation Commission, it is that First Nations have carried the burden of injustice for far too long and at too great a price.

 

Saturday, August 8, 2015

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

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


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


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

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


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


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


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


Our greatest source of power has always been and always will be in our people. It is our collectives that have kept our Indigenous Nations strong, helped us survive these long dark winters under colonialism, and have offered the best hope of change for the future. The most exciting and transformative times in our recent history have not been tied to voting in federal elections, but were linked to our very public collective actions against Canadian processes. Take for example the nation-wide protests against the 1969 White Paper which set out to assimilate First Nations; the Constitution Express against the constitutional talks of the 1980’s which were set to exclude First Nations; and most recently with Idle No More against Harper’s suite of legislation intent on destroying the environment. The power of our people even inspired Canadians to work alongside us in solidarity to protect our lands and waters, and basic human rights. Unions, teachers, doctors, scientists, academics, lawyers, and other civil society groups have all joined forces to demand justice in Canada for all – including First Nations.
Canada’s last best hope at protecting our lands and waters for future generations rests with First Nations, not the other way around. First Nations voting in federal elections will not bring about the change we need. From the robo-call scandal, to changes in electoral rules to massive corporate infiltration of political parties – any concept of democracy in Canada is an illusion. Until the system is changed, voting in a corrupt system won’t bring about justice. That is why it is so important to this debate to focus on the facts - simply voting under a belief that it will solve these issues is not helpful. Some important clarifications:
(1) To say "If all Aboriginal people voted" is not possible or realistic. Not all Canadians vote, why would anyone assume all Indigenous people would?
(2) In Canada's voting system you have to vote for an MP - you don't actually vote for Prime Minister. This means, you would blindly vote for a political party, even if the MP him/herself was a crook. This has happened.
(3) Election laws have changed to make it harder to vote for First Nations.
(4) Electoral ridings have been changed for this election changing voter composition and number. Had the new ridings applied in last election, Conservatives would have gained 22 extra seats. Conservatives won the last election with 166 seats. For this election, they could lose 18 seats and still hold a majority government.
(5) There is no direct link between voting and the reduction in poor socio-economic outcomes for First Nations as claimed by National Chief Bellegarde. Harper's Conservatives had some very prominent Indigenous MPs and a Senator who towed the assimilatory party line.
(6) Indigenous peoples are not apathetic. They have higher voter turn outs in their First Nation elections than Canadians do in their elections. Not voting in federal elections is not an issue of apathy or "lack of education" as National Chief Bellegarde claims.
(7) Justice for Indigenous peoples should never be tied to forcing our participation in Canadian political processes. Our Aboriginal and treaty rights are protected under international law and pre-exist Canadian laws and political parties.

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

I would never tell someone not to vote, nor would I tell them not to run for a position as MP. I’m just saying that I won’t do that and if someone asked me what they should do, I would tell them that the best place to put all our energy is into our Nations. We should use all our education, skills, experience, knowledge, time, money and energy into advocating for our people, supporting our activists and leaders, healing our illnesses, rebuilding our communities, protecting our cultures and identities, defending the health of our lands and waters, and strengthening our Nations.
Some Indigenous peoples believe that voting is the best way to address Harper’s frightening dictatorial regime, while others believe that resisting and withdrawing from Canada’s oppressive processes and strengthening our Nations is a better focus for our energy. That debate won’t be settled any time soon, and that’s okay. I think most of us can agree that the power of our people working in solidarity together – Canadians and First Nations – can force the changes we need to turn this ship around and restore justice in Canada for the benefit of our current and future generations. My actions don't include voting, but I stand in solidarity with First Nations and civil society groups who are calling on Canadians to vote out Harper and demand better of whatever political party succeeds.
loading...