I have noticed over the last several weeks that there have been a large number of hits on one of my earlier blogs entitled "Updated - Bill C-3 Gender Equity in Indian Registration Act". I was wondering why so many people were reading that post all of a sudden and then I realized that it is likely because readers are looking for an actual update.
Anyone who wants to read about any of this can go online to the "Parliament of Canada" website and click on "Government Bills", then "C-3", then "Legislative Summary" which will provide a good overview of the bill. To the right hand side, if you click on "Status of the bill" it will provide all of these dates that I am giving you. By clicking on "Aboriginal Affairs and Northern Development" you can see when the committee met and obtain the minutes of the meeting as well as the transcripts of what was said.
For those of you who'd prefer a brief overview, here it is:
The bill had its First Reading in the House on March 11, 2010. This was followed by the debates about the bill and the second reading on March 26 and 29, 2010. The bill was then sent to the Standing Committee on Aboriginal Affairs and Northern Development (AAON) where they heard from a wide variety of Aboriginal and non-Aboriginal witnesses who gave evidence before AAON on their concerns about the bill. These meetings were held on April 1,13,15,20,22 and 27, 2010.
On April 29, 2010 the AAON submitted their report which included a variety of amendments they had adopted to ensure that the bill remedied all gender inequity instead of just a minor part of it. This report was presented and debated in the House on April 29 and May 25, 2010 before Parliament recessed for the summer. Parliament has since resumed, but had other bills they considered more important to address before getting back to this one.
On October 26, 2010 the report was debated again in the House and three motions, which had been introduced on May 25, 2010 were voted on. In one of my earlier e-mails I had explained what these motions were:
(1) Motion #1 dealt with minor amendments to the wording related to how INAC would report on the effects of the bill once it has been implemented;
(2) Motion #2 would restore the previous section 9 which had been deleted at AAON. This section provided Canada with an insulation from financial liability for claims which would come from women and children who had been wrongly excluded from the Act.
(3) Motion #3 essentially was to approve the bill as amended by the previous two motions.
All three motions were approved. This means that the bill will go forward for Third reading and debates as amended. Assuming this bill passes third reading (and it will), then the bill will go to the Senate and go through the same process all over again. There are a good number of people who hope that the bill will not be rushed through the readings and that, at a minimum, the Aboriginal Affairs Committee or the Human Rights Committee will study the bill before voting on it.
Keep in mind that Canada sought and obtained an extension from the BC Court of Appeal to enact Bill C-3. Canada now has until January 2011 to make these changes. In all likelihood, the Senate will be under considerable pressure to pass the law prior to this deadline. Given that the majority of Senators are Conservatives, I fully expect that no matter what I or anyone else says, this bill will be passed. The writing is clearly on the wall and we helped put it there.
That is all the official stuff, here is my take:
I fully expect that the bill will pass third reading at the House because the amendments passed so easily. The parties that originally opposed the restrictive version of the bill (Liberals, NDP, and Bloc) have flip-flopped and now support the bill. The Bloc indicated that "sleeping on these issues helps" and that over the summer Aboriginal women's groups in Quebec decided that "a bird in the hand is worth two in the bush".
The Bloc and in fairness, the NDP and Liberals, have decided to ignore all of the legitimate legal, social, cultural, and economic concerns which were presented before it at Committee and change its vote to support the bill because Aboriginal women in Quebec don't want to take the chance of never being registered. Aboriginal women and their children have been excluded from recognition, been cut off from their communities and essential programs and services for so long that they are desperate to be registered. In any other forum, this would considered undue duress.
None of these groups want Bill C-3 - but Canada is playing hard ball and has implied that if they don't take this "deal" they won't get any deal. I can understand how difficult that situation is for those who stand to be impacted. If one thinks only on an individual level, then yes, some deal is better than no deal especially when we are already at the lowest end of socio-economic indicators and Canada is not negotiating in good faith, but its sharp dealings are ruling the situation.
However, we cannot forget that the very reason why we are even in this situation is because of the "deal" that was crafted in 1985 where only Indian women would get section 6(1) status and not their children. People were thinking on an individual and immediate gratification level. This is the very reason why Sharon McIvor spent the last 25 years of her life, time, energy and resources to try to undo what has now been laws for decades.
I am one of those individuals who stands to gain by the current Bill C-3. I will be registered as a section 6(2) Indian. Great. The House recently approved the no liability clause, so that means the 16 years I went to university will not be paid, nor will my treaty benefits, land claim benefits, health benefits, or other benefits reserved for "Indians" like certain tax advantages. But all of that is just money when it comes right down to it.
What I can't get back is my right to have lived on the reserve all my life (if I had wanted to), the right to learn my own Mi'kmaq language from my community's elders, and the right to be a band member and belong somewhere. As important as these things are to my identity, my overall well-being, and my right to live the "good life", these factors are all focused on me. Again, that is only if I think about myself. As a Mi'kmaq woman, it is my responsibility to think about more than just myself, but in fact think about my two children, Mitchell and Jeremy, as well as my large extended family, my future generations, my community and Nation.
I do not have the right as an individual to settle for a deal that benefits me and not my children. What good is status and band membership if I cannot transmit that to my children, so that they can transmit it to theirs? All of our rights as Mi'kmaq are communal rights and meant to exercised in ways that protect and promote our culture and way of life. While status has not been part of our culture since time immemorial, it is now the legal and political key to accessing it.
With all due respect for any native organization, they do not have the right to make deals after the fact, and behind closed doors that impact the future of our children. Sharon McIvor testified that there can be no "deal" on gender equality for Indian women - you either have it or you don't. We would not even be having this conversation if the situation was about non-Indian women. In fact, one of Bill C-31's main objectives was to protect the entitlements that non-Indian women received when they married an Indian man. In Canada's opinion, it would be unjust to take benefits way from those who enjoyed them.
However, Canada had no problem taking away these exact same benefits from Indian women despite the fact that they enjoyed them their entire lives. Even now, Canada has rationalized that their discriminatory treatment of Indian women and their children is NOT deserved of compensation. So the question is less about whether we have gender equity and more about whether we believe in Indian gender equity -which clearly, as a country we do not.
We are so caught up in getting whatever we can for ourselves, that we have forgotten that as warriors, we have an obligation to stand up for what is right and just, regardless of the consequences. Our ancestors made significant sacrifices for us, and we were not even born yet. They all could have taken the easy way out and settled for what would be good for them at the time. Thank goodness for us they thought farther ahead and more selflessly than that.
Taiaiake Alfred, an Indigenous scholar, who thinks far beyond his young years, has managed to come out on the other side of this ongoing colonization process and can see the future that we will create if we don't make sacrifices now for the future. In his book "Wasase", he writes: "Pushing the colonial tyrant to his limits takes both strong words and courageous blows against his coercion". He poses the question of how we get ourselves out of this cycle of asserting our rights on the one hand, and then being co-opted by money, benefits and power on the other hand?
I would like to think that I am on my way to decolonizing myself and will be able to consider these issues at the level of Taiaiake Alfred at some point in the future. In the meantime, I know enough to realize that it's time we walked the talk - we either put up and shut up now or we finally stand up for what we know is right in our hearts. I am not saying that fostering an Indian Act identity is what is most meaningful to our peoples, but not standing up for the equality of our Mohawk, Mi'kmaq and Maliseet women and children is beyond neglectful of our responsibilities and will only sink us further into assimilation by our own doing.
So, as far as I am concerned regarding Bill C-3: NO DEAL. I will not sell the rights of my children, my family or my Nation for my own immediate needs.
Wednesday, October 27, 2010
Saturday, October 9, 2010
Racism on a native reserve? Try Racism in Our Media!
I am always torn whenever I read low quality, uninformed, and unresearched editorials, commentaries, and/or special columns written in print media that promote negative stereotypes about First Nations. My first instinct is to write a reply, but that would become a full-time job in and of itself. Then I wonder whether giving any attention to such blatant racism is helping or hurting the goal of helping to educate the public. Amongst my peers, there seems to be a difference of opinion on that issue.
However, at the end of the day, given that so many Canadians obtain their "information" about Aboriginal peoples from the media, I as an educator, simply cannot sit by while media outlets, like the National Post, misinform readers and malign First Nations. Yet, despite my attempts to address the misinformation, I still have a serious issue of exposure. Similar to gossip rags like the National Enquirer, the National Post has a loyal following that includes those of the right-wing persuasion.
My responses to such articles, on the other hand, only reach those who happen to read my blog. None of my comments to the National Post have ever been published, nor those sent to other newspapers to whom I have written - so what is the result of my efforts? Some individuals get the benefit of another perspective.
An incredibly bright professor once told me that images shape our aspirations. So, if all Aboriginal and non-Aboriginal people see in the media are negative stories about First Nations and uninformed print media which spreads negative stereotypes about First Nations, then our children - yours and mine - continue to see First Nations as inferior. A vision that is no better than the racist views of colonial days supposedly long-past.
It is absolutely ludicrous for a newspaper to take a story about an ISOLATED incident of ALLEGED racism on ONE First Nation of the 633 First Nations in Canada, and somehow use that as proof positive that ALL Chiefs of ALL First Nations are not accountable and prefer instead to "do things behind closed doors". This is categorically false and perpetuates the very kind of "hate" about which this National Post article critiques.
The Assembly of First Nations itself has long called for and made requests of Canada to meet and talk about ways to modernize First Nation accountability measures. More than that, the Auditor General (AG) Sheila Fraser has reported on more than one occasion that First Nations ARE accountable for the funds they receive from the federal government. In fact, all First Nations submit audited financial statements to Canada and according to the AG, First Nations fill out so many reports about their funding that it averages out to one report every three days.
Nothing in First Nations related to federal funding happens behind closed doors. In fact, most learned commentators have noted that of all the groups in Canada - political, religious, cultural or otherwise - that First Nations' activities are so closely monitored that they often feel as though their whole lives are "under a microscope". Yet despite the plethora of research, reports, studies, commissions, and considerations of First Nations issues, none of them have ever shown that all First Nations leaders are corrupt or that First Nations are more likely to abuse their residents than Canadian governments.
Yet, we continue to be bombarded by uninformed and unsubstantiated allegations against First Nations in the media that serve only to misinform the public and malign First Nations. Rarely are Aboriginal commentators asked to submit their own views and most issues are not covered in any balanced manner that would give the public enough information to make up their own mind. For example, the National Post printed a comment in today's newspaper entitled: "Racism on a native reserve". Here are just a few of the unsubstantiated or incorrect items presented:
(1) "Canadian taxpayers pay close to $10-billion a year to finance on-reserve programming for natives."
In fact, almost HALF of that amount goes to Indian and Northern Affairs and/or other government departments to support their bureaucracy and ever-inflating salaries. The taxes used to pay for some of the First Nation programs come from taxes submitted by both Aboriginal and non-Aboriginal Canadians. Furthermore, the privileged position of non-Aboriginal Canadians in relation to First Nations is the DIRECT result of them benefitting directly or indirectly from the theft of First Nations' lands and resources by their ancestors.
(2) "Whenever it is proposed that we IMPOSE some accountability...the AFN... complains that its members are being mistreated." (emphasis added)
In fact, the national Chief Shawn Atleo was interviewed by APTN last night wherein he reinforced the fact that the AFN and First Nations ALL believe in accountability to their citizens and that they have called for discussions with Canada on how to improve those accountability measures. What he did not agree with was the "imposition" of laws by Canada on First Nations without so much as even consulting with them first (as is required by law).
(3) "...even in 2010, natives are still waiting to enjoy the full protection of the Charter of Rights and Freedoms."
In fact, Aboriginal peoples have ALWAYS the full benefit of the Charter of Rights and Freedoms like all Canadians since 1982. What some Aboriginal peoples did not have was access to the complaint process under the Canadian Human Rights Act, but this was remedied in 2008. Now complaints relating to the Indian Act can be brought against Canada and in a little over 6 months, they can bring complaints against individual bands. Bands simply wanted an opportunity to amend their laws to make sure they were compliant with both human rights and their traditional laws.
But it is not even these obvious pieces of misinformation that is the worst part. It is the fact that one solitary example of alleged racism on one reserve could be used to say that all Chiefs and First Nations are corrupt and that their only goal is to "circle the wagons in defence of their cash and powers". This is little more than a discriminatory remark meant to stir up racist images about Aboriginal peoples so as to deflect readers from the real issues. That kind of blatant racism should not be tolerated, nor should it be published by our national media. This kind of comment does nothing to add to the debate nor does it inspire collegiality amongst citizens or offer mutually beneficial solutions.
The vast majority of First Nations Chiefs are tireless, hard-working, passionate leaders who carry the weight of every single community member on their shoulders. Many Chiefs don't make a great salary, but regardless of the pay they go far above and beyond their role as a political leader. They often find themselves mediating marital disputes, helping students find text books, volunteer as cooks, firefighters, pow wow emcees, hunters, fishers, babysitters, chauffeurs, and mentors.
While managing social conflict within their communities, they must also negotiate with federal, provincial and municipal governments, manage the same programs as provinces, stay on top of developing laws, and monitor private activities within their territories. Many of the Chiefs I know literally work 20 hours a day and carry the weight of community ills as their own personal failings. Chiefs are trashed in the media as often as we hear the weather forecast. They are vilified and disrespected by federal and provincial governments and their triumphs are overlooked by the media in exchange for scandal and hardship.
I would suggest that the National Post and any other "mightier-than-thou" media outlet try walking in the shoes of First Nation leaders for a day. Instead of berating them and spreading hatred against First Nations, they need to finally recognize that section 35 of our Constitution Act, 1982 is there for a reason and just as Canadians are not going anywhere, nor are First Nations. Despite the assimilatory goals of the past, First Nations have survived and are here to stay.
The supreme law of the land (Constitution Act, 1982) and the Supreme Court of Canada recognizes the special place of First Nations in this country and the democratic obligation we all have to ensure their continued existence. Reconciliation is a two-way street - we can't expect to move forward as a country if we respect all our laws except those that relate to First Nations. We have an obligation to respect our First Nations as we would each other and racist stereotypes have no place in that relationship. It seems ironic that on the one hand, the National Post comment advocates for greater human rights for First Nations, and then on the other hand, uses racist comments and stereotypes to demean them.
I would suggest that the National Post and others like it should reconsider their roles in educating the public about important issues related to First Nations and better represent the public which it serves - including First Nations. Here are some tips for moving forward:
(1) Hire some Aboriginal reporters, columnists, and commentators who are knowledgeable about the issues;
(2)Hire some Aboriginal people in management at your paper/station who are knowledgeable about the issues;
(3)Include more Aboriginal people on your advisory committees who are knowledgeable about the issues;
(4)Make a concerted effort to offer more balanced and informed perspectives which are based on fact, not sensationalism. Try practising what you preach.
For more information about these issues, please read my previous blogs.
However, at the end of the day, given that so many Canadians obtain their "information" about Aboriginal peoples from the media, I as an educator, simply cannot sit by while media outlets, like the National Post, misinform readers and malign First Nations. Yet, despite my attempts to address the misinformation, I still have a serious issue of exposure. Similar to gossip rags like the National Enquirer, the National Post has a loyal following that includes those of the right-wing persuasion.
My responses to such articles, on the other hand, only reach those who happen to read my blog. None of my comments to the National Post have ever been published, nor those sent to other newspapers to whom I have written - so what is the result of my efforts? Some individuals get the benefit of another perspective.
An incredibly bright professor once told me that images shape our aspirations. So, if all Aboriginal and non-Aboriginal people see in the media are negative stories about First Nations and uninformed print media which spreads negative stereotypes about First Nations, then our children - yours and mine - continue to see First Nations as inferior. A vision that is no better than the racist views of colonial days supposedly long-past.
It is absolutely ludicrous for a newspaper to take a story about an ISOLATED incident of ALLEGED racism on ONE First Nation of the 633 First Nations in Canada, and somehow use that as proof positive that ALL Chiefs of ALL First Nations are not accountable and prefer instead to "do things behind closed doors". This is categorically false and perpetuates the very kind of "hate" about which this National Post article critiques.
The Assembly of First Nations itself has long called for and made requests of Canada to meet and talk about ways to modernize First Nation accountability measures. More than that, the Auditor General (AG) Sheila Fraser has reported on more than one occasion that First Nations ARE accountable for the funds they receive from the federal government. In fact, all First Nations submit audited financial statements to Canada and according to the AG, First Nations fill out so many reports about their funding that it averages out to one report every three days.
Nothing in First Nations related to federal funding happens behind closed doors. In fact, most learned commentators have noted that of all the groups in Canada - political, religious, cultural or otherwise - that First Nations' activities are so closely monitored that they often feel as though their whole lives are "under a microscope". Yet despite the plethora of research, reports, studies, commissions, and considerations of First Nations issues, none of them have ever shown that all First Nations leaders are corrupt or that First Nations are more likely to abuse their residents than Canadian governments.
Yet, we continue to be bombarded by uninformed and unsubstantiated allegations against First Nations in the media that serve only to misinform the public and malign First Nations. Rarely are Aboriginal commentators asked to submit their own views and most issues are not covered in any balanced manner that would give the public enough information to make up their own mind. For example, the National Post printed a comment in today's newspaper entitled: "Racism on a native reserve". Here are just a few of the unsubstantiated or incorrect items presented:
(1) "Canadian taxpayers pay close to $10-billion a year to finance on-reserve programming for natives."
In fact, almost HALF of that amount goes to Indian and Northern Affairs and/or other government departments to support their bureaucracy and ever-inflating salaries. The taxes used to pay for some of the First Nation programs come from taxes submitted by both Aboriginal and non-Aboriginal Canadians. Furthermore, the privileged position of non-Aboriginal Canadians in relation to First Nations is the DIRECT result of them benefitting directly or indirectly from the theft of First Nations' lands and resources by their ancestors.
(2) "Whenever it is proposed that we IMPOSE some accountability...the AFN... complains that its members are being mistreated." (emphasis added)
In fact, the national Chief Shawn Atleo was interviewed by APTN last night wherein he reinforced the fact that the AFN and First Nations ALL believe in accountability to their citizens and that they have called for discussions with Canada on how to improve those accountability measures. What he did not agree with was the "imposition" of laws by Canada on First Nations without so much as even consulting with them first (as is required by law).
(3) "...even in 2010, natives are still waiting to enjoy the full protection of the Charter of Rights and Freedoms."
In fact, Aboriginal peoples have ALWAYS the full benefit of the Charter of Rights and Freedoms like all Canadians since 1982. What some Aboriginal peoples did not have was access to the complaint process under the Canadian Human Rights Act, but this was remedied in 2008. Now complaints relating to the Indian Act can be brought against Canada and in a little over 6 months, they can bring complaints against individual bands. Bands simply wanted an opportunity to amend their laws to make sure they were compliant with both human rights and their traditional laws.
But it is not even these obvious pieces of misinformation that is the worst part. It is the fact that one solitary example of alleged racism on one reserve could be used to say that all Chiefs and First Nations are corrupt and that their only goal is to "circle the wagons in defence of their cash and powers". This is little more than a discriminatory remark meant to stir up racist images about Aboriginal peoples so as to deflect readers from the real issues. That kind of blatant racism should not be tolerated, nor should it be published by our national media. This kind of comment does nothing to add to the debate nor does it inspire collegiality amongst citizens or offer mutually beneficial solutions.
The vast majority of First Nations Chiefs are tireless, hard-working, passionate leaders who carry the weight of every single community member on their shoulders. Many Chiefs don't make a great salary, but regardless of the pay they go far above and beyond their role as a political leader. They often find themselves mediating marital disputes, helping students find text books, volunteer as cooks, firefighters, pow wow emcees, hunters, fishers, babysitters, chauffeurs, and mentors.
While managing social conflict within their communities, they must also negotiate with federal, provincial and municipal governments, manage the same programs as provinces, stay on top of developing laws, and monitor private activities within their territories. Many of the Chiefs I know literally work 20 hours a day and carry the weight of community ills as their own personal failings. Chiefs are trashed in the media as often as we hear the weather forecast. They are vilified and disrespected by federal and provincial governments and their triumphs are overlooked by the media in exchange for scandal and hardship.
I would suggest that the National Post and any other "mightier-than-thou" media outlet try walking in the shoes of First Nation leaders for a day. Instead of berating them and spreading hatred against First Nations, they need to finally recognize that section 35 of our Constitution Act, 1982 is there for a reason and just as Canadians are not going anywhere, nor are First Nations. Despite the assimilatory goals of the past, First Nations have survived and are here to stay.
The supreme law of the land (Constitution Act, 1982) and the Supreme Court of Canada recognizes the special place of First Nations in this country and the democratic obligation we all have to ensure their continued existence. Reconciliation is a two-way street - we can't expect to move forward as a country if we respect all our laws except those that relate to First Nations. We have an obligation to respect our First Nations as we would each other and racist stereotypes have no place in that relationship. It seems ironic that on the one hand, the National Post comment advocates for greater human rights for First Nations, and then on the other hand, uses racist comments and stereotypes to demean them.
I would suggest that the National Post and others like it should reconsider their roles in educating the public about important issues related to First Nations and better represent the public which it serves - including First Nations. Here are some tips for moving forward:
(1) Hire some Aboriginal reporters, columnists, and commentators who are knowledgeable about the issues;
(2)Hire some Aboriginal people in management at your paper/station who are knowledgeable about the issues;
(3)Include more Aboriginal people on your advisory committees who are knowledgeable about the issues;
(4)Make a concerted effort to offer more balanced and informed perspectives which are based on fact, not sensationalism. Try practising what you preach.
For more information about these issues, please read my previous blogs.
Wednesday, October 6, 2010
Bill C-575 - First Nations Financial Transparency Act - or is it the - All Chiefs Are Crooked Act? (updated)
Well, the witch hunt has officially begun. If conservatives scream loud enough and persistently enough that all First Nations Chiefs are corrupt, then eventually people will start to believe that. Add to this the right-wing voices of academics like Flanagan, Gibson, Widdowson, and Helin; organizations like the Frontier Centre for Public Policy and Canadian Taxpayers Federation; and the strategic media use of isolated examples, and the anti-First Nation movement is reborn complete with its own Aboriginal spokesperson - Senator Brazeau.
Now, the focus on alleged corruption and lack of accountability of First Nations which Bill C-575 is meant to combat, helps to deflect the real issue - Canada's shameful neglect and inequitable funding of basic social programs for First Nations like child and family services, post-secondary education, housing, and water. It also helps focus attention away from the other paternalistic legislative reforms which are being advanced against the will of First Nations on the basis that Canada knows what is best for them.
Perhaps more importantly, this proposed bill turns the attention away from our federal politicians and away from the issue of MPs not wanting to divulge THEIR OWN expenses to the Auditor General. If that is not the ultimate in hypocrisy, I don't what is! You will recall that the Auditor General Sheila Fraser (AG) informed Parliament that she wanted to review the detailed expenses of federal MPs. After taking nearly 10 months to consider the matter, their answer was categorically "NO!" The only option left to the AG was to take them to court which she indicated she was not willing to do.
If you search the Internet and read through back issues of various newspapers you will hear endless excuses from these MPs about why they should not divulge their expenses - including that their expenses are audited by an outside firm. If you take this issue and apply it to a First Nations context, First Nations ALSO have their federal funding audited by firms and report all of this information to INAC in great detail. The issue is not whether or not MPs and First Nations "account" for their money, it is whether the details of this information should be made "public".
Despite the fact that a deal was subsequently reached between the AG and MPs which would allow the AG to do "spot checks" on MP expenses, the National Post reported that her audit would NOT look at the spending of individual MP offices, nor would any report name the names of MPs who had problematic expenses. This is a far cry from an audit of each and every MP's set of expenses being made public. How then could any MP, liberal, conservative or otherwise, demand that the expenses of each and every Chief and band councillor be made public?
Thanks to the questionable conduct of conservative senator Brazeau, even some First Nations community members are starting to believe the conservative hype about unaccountable First Nations, absent any hard facts. On what other issue would we ever ask Canadians and politicians to support legislation to address a stereotype? What is next? If I allege that all Indians are drunks, will Senator Brazeau create a YouTube video from the Senate asking that First Nations be banned from liquor stores?
While conservatives can easily sell a bill with the unassailable message of accountability, the real message is much more insidious: it asks Canadians to conclude, without any proof, that First Nations are not accountable for funding they receive from the federal government and that the ONLY way to address this is for the conservative government to ride in on its "white" horse and save the Indians. Meanwhile, the government can preach about values that it does not respect itself.
Of the times that former Minister of INAC intimated that First Nation elections were fraught with corruption, we never saw any reports or research to back that up. Senator Brazeau's YouTube video implies that First Nations are not financially accountable, but he does not offer any credible proof of this. Even the Frontier Centre for Public Policy made incredible claims this week about the depth of First Nations corruption without referring to a single study, report, or statistical analysis.
What evidence is out there? You could try reading the reports of the AG where she explained that First Nations experience the extreme version of accountability with regards to federal funds and in fact account so much and so often that they submit reports on their funds no less than once every three days. If there are any problems with these reports, First Nations run the risk of being subjected to co-management or third party regimes imposed on their communities to manage their funds. The conservative government has incurred billions of dollars of debt - where is its third party manager?
If you read those AG reports and watch some of the AG's presentations to the House or Senate, you will hear her describe how she has attempted to have INAC address its own problems and lack of progress on social programs and services. She has asked repeatedly that INAC make improvements and commented that INAC has made little or no improvement. She even cited the cap on the funding of First Nation programs and the outdated, problematic funding formulas for funding such programs as child and family services. As we all know, the latter issue is now before the Canadian Human Rights Tribunal.
It is Canada that has dropped the ball here on its own obligations. Trying to deflect attention onto First Nations represents both a promotion of a negative stereotype against First Nations and a hypocritical position given MPs' refusal to do what they are asking of First Nations. Furthermore, the proposed Bill C-575 asks that First Nations NOT receive the benefit of various information and privacy protections under ATIP legislation to which other governments are entitled. Another inequity advanced under an apparently closely held democratic value.
I challenge all Canadians to look behind the hype and get the facts; to look beyond the headlines and see the real message; and to think twice before they impose legislation on First Nations which represent values they don't require of their own governments.
Now, the focus on alleged corruption and lack of accountability of First Nations which Bill C-575 is meant to combat, helps to deflect the real issue - Canada's shameful neglect and inequitable funding of basic social programs for First Nations like child and family services, post-secondary education, housing, and water. It also helps focus attention away from the other paternalistic legislative reforms which are being advanced against the will of First Nations on the basis that Canada knows what is best for them.
Perhaps more importantly, this proposed bill turns the attention away from our federal politicians and away from the issue of MPs not wanting to divulge THEIR OWN expenses to the Auditor General. If that is not the ultimate in hypocrisy, I don't what is! You will recall that the Auditor General Sheila Fraser (AG) informed Parliament that she wanted to review the detailed expenses of federal MPs. After taking nearly 10 months to consider the matter, their answer was categorically "NO!" The only option left to the AG was to take them to court which she indicated she was not willing to do.
If you search the Internet and read through back issues of various newspapers you will hear endless excuses from these MPs about why they should not divulge their expenses - including that their expenses are audited by an outside firm. If you take this issue and apply it to a First Nations context, First Nations ALSO have their federal funding audited by firms and report all of this information to INAC in great detail. The issue is not whether or not MPs and First Nations "account" for their money, it is whether the details of this information should be made "public".
Despite the fact that a deal was subsequently reached between the AG and MPs which would allow the AG to do "spot checks" on MP expenses, the National Post reported that her audit would NOT look at the spending of individual MP offices, nor would any report name the names of MPs who had problematic expenses. This is a far cry from an audit of each and every MP's set of expenses being made public. How then could any MP, liberal, conservative or otherwise, demand that the expenses of each and every Chief and band councillor be made public?
Thanks to the questionable conduct of conservative senator Brazeau, even some First Nations community members are starting to believe the conservative hype about unaccountable First Nations, absent any hard facts. On what other issue would we ever ask Canadians and politicians to support legislation to address a stereotype? What is next? If I allege that all Indians are drunks, will Senator Brazeau create a YouTube video from the Senate asking that First Nations be banned from liquor stores?
While conservatives can easily sell a bill with the unassailable message of accountability, the real message is much more insidious: it asks Canadians to conclude, without any proof, that First Nations are not accountable for funding they receive from the federal government and that the ONLY way to address this is for the conservative government to ride in on its "white" horse and save the Indians. Meanwhile, the government can preach about values that it does not respect itself.
Of the times that former Minister of INAC intimated that First Nation elections were fraught with corruption, we never saw any reports or research to back that up. Senator Brazeau's YouTube video implies that First Nations are not financially accountable, but he does not offer any credible proof of this. Even the Frontier Centre for Public Policy made incredible claims this week about the depth of First Nations corruption without referring to a single study, report, or statistical analysis.
What evidence is out there? You could try reading the reports of the AG where she explained that First Nations experience the extreme version of accountability with regards to federal funds and in fact account so much and so often that they submit reports on their funds no less than once every three days. If there are any problems with these reports, First Nations run the risk of being subjected to co-management or third party regimes imposed on their communities to manage their funds. The conservative government has incurred billions of dollars of debt - where is its third party manager?
If you read those AG reports and watch some of the AG's presentations to the House or Senate, you will hear her describe how she has attempted to have INAC address its own problems and lack of progress on social programs and services. She has asked repeatedly that INAC make improvements and commented that INAC has made little or no improvement. She even cited the cap on the funding of First Nation programs and the outdated, problematic funding formulas for funding such programs as child and family services. As we all know, the latter issue is now before the Canadian Human Rights Tribunal.
It is Canada that has dropped the ball here on its own obligations. Trying to deflect attention onto First Nations represents both a promotion of a negative stereotype against First Nations and a hypocritical position given MPs' refusal to do what they are asking of First Nations. Furthermore, the proposed Bill C-575 asks that First Nations NOT receive the benefit of various information and privacy protections under ATIP legislation to which other governments are entitled. Another inequity advanced under an apparently closely held democratic value.
I challenge all Canadians to look behind the hype and get the facts; to look beyond the headlines and see the real message; and to think twice before they impose legislation on First Nations which represent values they don't require of their own governments.
Friday, October 1, 2010
Conservative Flip Flop or True Stripes?
This blog is somewhat related to my last one in that it involves another look at Conservative Party mentality and specifically that of Minister Duncan, Parliamentary Secretary Glover, and Conservative Senator Patrick Brazeau.
On Tuesday, September 21, 2010, National Chief of the Assembly of First Nations, Shawn Atleo, held a press conference explaining that the current gap in educational and employment rates between First Nations and other Canadians is not only unfair, but could be addressed by proper funding in education. He argued that a more equitable level of education funding, if invested now, would lead to $179 billion in return to Canada in terms of Gross Domestic Product. Liberal and NDP leaders added that it was a matter of fundamental justice.
Atleo later appeared on Parliament Hill as part of the national week of action of First Nations education. His call for reconciliation and proper investment in First Nations education was cheered on by various First Nation participants. He highlighted the atrocities of the residential school system and how education had been used as a tool of oppression. He called on Canada to help First Nations access education as a tool of freedom and empowerment.
The core message is one that has even been echoed even by right-wing thinkers like Calvin Helin, Tom Flanagan, Allan Cairns and others: education is empowerment and would address a great many social issues in First Nations. So, then, what is the problem? Atleo has explained that the current funding cap on education, which causes great inequality between First Nations and other Canadians, is not only unjust but prevents First Nations from furthering our genius, intelligence and greatness.
On the same day, Senator Brazeau responded with a "Senate of Canada" YouTube video from the Senate Chambers on Parliament Hill which some claim has portrayed First Nations as unaccountable and discriminatory. He further calls for a stop to all funding to First Nations and Aboriginal organizations until they can account or prove that they are achieving measurable outcomes. From his position of privilege in the Senate chamber, Brazeau argued that the current system favours "Aboriginal elites" and fosters a "sense of entitlement".
The response which followed was not surprising. First Nation leaders called Brazeau's comments unfounded and insulting. The talk amongst some academics seemed to question whether his video criticizing First Nations was an appropriate function of the Senate. I personally question whether or not he has gone too far this time. The video he posted was highly critical of First Nations, although obviously carefully worded. It was shot from the Senate Chamber, which to my knowledge, is reserved for Senate business. Also, the video itself used the Senate namesake and symbol, and all copyright belongs to the Senate.
While I am aware that there are a good number of Senators who work with Canadians and social groups to advocate for positive change to the environment, law, justice, and other social issues, I am not aware of any Senator who has used Senate resources to publically attack or criticize specific groups in society, like First Nations. I am not the only one who wondered whether this was appropriate. In a recent APTN article, APTN noted that Minister Duncan had "distanced" himself from Senator Brazeau and his remarks. APTN reported that Mnister Duncan said that Senator Brazeau's call for a "freeze" on funding to First Nations and organizations does not represent the views of the Conservative Government.
While this clarification on behalf of the Minister was well-received, it was unfortunately, very short-lived. As part of a political panel held on APTN News on Thursday, September 30, 2010, the Parliamentary Secretary Shelly Glover was asked about Senator Brazeau's comments on accountability. She was very clear in her response that she was in agreement with Brazeau's comments.
Not only was she in agreement with Brazeau on First Nations accounting for INAC funds, but for "all funds" which come from the government as it is comprised of "tax payer" funds. She also stated that there were "some indications" that the Conservative government has to take steps to make sure accountability is achieved - the implication being that they are not. Her comments are reminiscent of those of the former Minister of INAC, Chuck Strahl, who often made comments which insinuated that First Nations were plagued with corruption and a lack of accountability.
Of course, the implication in Glover's remarks are that First Nations are not accountable. MP Todd Russell said Senator Brazeau's comments were "outrageous" and explained that these comments only serve to paint all First Nations with the "same brush". He further explained that Senator Brazeau was a "mouth piece" for the Conservatives and that Brazeau was not accountable for his own inappropriate actions and statements made against First Nations and individuals who appear as witnesses for the Senate committees.
NDP MP Jean Crowder agreed and added that Senator Brazeau's comments promoted a "stereotype" against First Nations which is not true, as the Auditor General herself has found that First Nations DO account for their funding. First Nations themselves, including the Assembly of First Nations have said they have no problem accounting for their funds and have called for even better mechanisms by which to do so. Crowder also highlighted the fact that when Brazeau left the Congress of Aboriginal Peoples it was investigated for its own serious accountability issues. CAP's upcoming Annual General Meeting in November may well reveal even more issues left behind from Brazeau days.
So, which is it? Do Senator Brazeau's comments reflect the position of the Conservative government or not? If they do represent the conservative position, then the Duncan-Glover flip flop shows a serious lack of transparency on the part of the Conservatives and raises trust issues let alone a revelation of their true stripes. If they do not represent the conservative position, then the Conservatives better reign in their new Parliamentary Secretary. They can't have it both ways.
I guess we'll have to wait and see...
On Tuesday, September 21, 2010, National Chief of the Assembly of First Nations, Shawn Atleo, held a press conference explaining that the current gap in educational and employment rates between First Nations and other Canadians is not only unfair, but could be addressed by proper funding in education. He argued that a more equitable level of education funding, if invested now, would lead to $179 billion in return to Canada in terms of Gross Domestic Product. Liberal and NDP leaders added that it was a matter of fundamental justice.
Atleo later appeared on Parliament Hill as part of the national week of action of First Nations education. His call for reconciliation and proper investment in First Nations education was cheered on by various First Nation participants. He highlighted the atrocities of the residential school system and how education had been used as a tool of oppression. He called on Canada to help First Nations access education as a tool of freedom and empowerment.
The core message is one that has even been echoed even by right-wing thinkers like Calvin Helin, Tom Flanagan, Allan Cairns and others: education is empowerment and would address a great many social issues in First Nations. So, then, what is the problem? Atleo has explained that the current funding cap on education, which causes great inequality between First Nations and other Canadians, is not only unjust but prevents First Nations from furthering our genius, intelligence and greatness.
On the same day, Senator Brazeau responded with a "Senate of Canada" YouTube video from the Senate Chambers on Parliament Hill which some claim has portrayed First Nations as unaccountable and discriminatory. He further calls for a stop to all funding to First Nations and Aboriginal organizations until they can account or prove that they are achieving measurable outcomes. From his position of privilege in the Senate chamber, Brazeau argued that the current system favours "Aboriginal elites" and fosters a "sense of entitlement".
The response which followed was not surprising. First Nation leaders called Brazeau's comments unfounded and insulting. The talk amongst some academics seemed to question whether his video criticizing First Nations was an appropriate function of the Senate. I personally question whether or not he has gone too far this time. The video he posted was highly critical of First Nations, although obviously carefully worded. It was shot from the Senate Chamber, which to my knowledge, is reserved for Senate business. Also, the video itself used the Senate namesake and symbol, and all copyright belongs to the Senate.
While I am aware that there are a good number of Senators who work with Canadians and social groups to advocate for positive change to the environment, law, justice, and other social issues, I am not aware of any Senator who has used Senate resources to publically attack or criticize specific groups in society, like First Nations. I am not the only one who wondered whether this was appropriate. In a recent APTN article, APTN noted that Minister Duncan had "distanced" himself from Senator Brazeau and his remarks. APTN reported that Mnister Duncan said that Senator Brazeau's call for a "freeze" on funding to First Nations and organizations does not represent the views of the Conservative Government.
While this clarification on behalf of the Minister was well-received, it was unfortunately, very short-lived. As part of a political panel held on APTN News on Thursday, September 30, 2010, the Parliamentary Secretary Shelly Glover was asked about Senator Brazeau's comments on accountability. She was very clear in her response that she was in agreement with Brazeau's comments.
Not only was she in agreement with Brazeau on First Nations accounting for INAC funds, but for "all funds" which come from the government as it is comprised of "tax payer" funds. She also stated that there were "some indications" that the Conservative government has to take steps to make sure accountability is achieved - the implication being that they are not. Her comments are reminiscent of those of the former Minister of INAC, Chuck Strahl, who often made comments which insinuated that First Nations were plagued with corruption and a lack of accountability.
Of course, the implication in Glover's remarks are that First Nations are not accountable. MP Todd Russell said Senator Brazeau's comments were "outrageous" and explained that these comments only serve to paint all First Nations with the "same brush". He further explained that Senator Brazeau was a "mouth piece" for the Conservatives and that Brazeau was not accountable for his own inappropriate actions and statements made against First Nations and individuals who appear as witnesses for the Senate committees.
NDP MP Jean Crowder agreed and added that Senator Brazeau's comments promoted a "stereotype" against First Nations which is not true, as the Auditor General herself has found that First Nations DO account for their funding. First Nations themselves, including the Assembly of First Nations have said they have no problem accounting for their funds and have called for even better mechanisms by which to do so. Crowder also highlighted the fact that when Brazeau left the Congress of Aboriginal Peoples it was investigated for its own serious accountability issues. CAP's upcoming Annual General Meeting in November may well reveal even more issues left behind from Brazeau days.
So, which is it? Do Senator Brazeau's comments reflect the position of the Conservative government or not? If they do represent the conservative position, then the Duncan-Glover flip flop shows a serious lack of transparency on the part of the Conservatives and raises trust issues let alone a revelation of their true stripes. If they do not represent the conservative position, then the Conservatives better reign in their new Parliamentary Secretary. They can't have it both ways.
I guess we'll have to wait and see...
Sunday, September 26, 2010
Indian Agents are Back - PM's New Indian Affairs Crew
I am writing this blog today not only because of my increasing concern with regards to the number of bills which are being pushed through the House and Senate without any consultation with First Nations, but also because of the folks pushing these bills. Specifically, I am talking about the Prime Minister's newest crew of people at the highest levels who not only advise him about "Indian Affairs" but who also administer Indian Affairs.
Previously, PM Harper had Tom Flanagan as his Chief of Staff (COS). Mr. Flanagan as we all know, has written several controversial books and articles related to First Nations which more or less advocate for their eventual assimilation. In his view, any concept of special constitutional rights for First Nations is unjustified. He views First Nations concepts of communal property as both "primitive" and communist". Now he is advocating for the whole-sale privatization of reserve lands to free them up for sale. One might say - well he is not the COS anymore, so why should that matter?
Great question.. It matters firstly because it demonstrates that the Conservative Party has allowed itself to be influenced more by its right-wing thinkers (think Reform Party) than those who think more broadly or with open minds. Secondly, and perhaps more importantly, it matters because PM Harper has now surrounded himself with right-wing thinkers and those who have publically spoken out against First Nations in ways which have been described as racist or demeaning. These same people are now administering Indian Affairs in Canada.
As you all know, the new Minister of Indian and Northern Affairs Canada (INAC) is MP John Duncan. He comes from an enforcement-type background having worked on Pacific Fisheries issues in BC. As MP, Duncan was very vocal against First Nations being able to exercise their constitutionally protected Aboriginal right to fish. To his mind, the First Nations fishery amounted to nothing more than a “race-based” fishery that was illegal.
While some might question whether one comment is enough to paint the whole picture, I would point out that Duncan was also very vocal against the Nisga’a Self-Government agreement as well. This isn’t a situation where Duncan made a comment in the heat of the moment that he regretted and for which he later apologized. Duncan has not, from what I have seen, indicated that he has had any significant change of heart with regard to First Nations. If there was any doubt about how he feels now that he is Minister of INAC, I would refer readers to recent media which quote Duncan as saying that his priority is to ensure that First Nations have the “same” opportunities as other Canadians – ignoring of course that their rights are not the “same” but are constitutionally protected Aboriginal and treaty rights which include their inherent right to be self-governing.
If this were not enough, the new Parliamentary Secretary for INAC is Shelly Glover who also comes from an enforcement background. She worked for 19 years in the police force. Yet, she has been referred to as Canada’s version of Sarah Palin for her lack of capacity in terms of politics. For example, in an effort to distance herself from Tom Flanagan, she tried to claim that she had no idea who he actually was or if he was even Canadian. Even the interviewer laughed and found it as incredulous as the rest of us that she could be a conservative MP and not know that Tom Flanagan was PM Harper’s former COS. If she did know, her attempted deception was unsuccessful. If she didn’t know, the conservatives had better be concerned.
But again, we cannot judge a politician on one major flub up. What else do we know? She claims to be a Metis person affiliated with a Metis organization, although I could not find any information about her actual participation in the Metis community or how recent her self-identification is/was. What I did find were many media articles which described her as a “hard-nosed” and tough police officer especially with Aboriginal gangs. She is also supportive of tougher criminal laws and supports more money for prisons. This of course should be of great concern to First Nations who are already over-represented in provincial jails, under-represented on jury pools, and have been subjected to racial profiling, discriminatory treatment by law enforcement, and deaths while in police custody.
So, you might say that is only INAC and PM Harper has shown that he is a one-man band and so we should be more concerned about what the PM thinks than what his Ministers think. OK, so let’s look at PM Harper’s own Parliamentary Secretary, Pierre Poilievre. He has been described in the media as an “attack dog” and for using racist terminology in the House (that I will not repeat here) and refusing to apologize for it. However, he is most well-known for his comments made literally hours before the Residential Schools Apology where he made stereotypical comments against Aboriginal people saying they needed to learn the value of hard work more than they needed compensation and asked whether Canadians were “really getting value for all this money”.
What does this mean for Aboriginal-Crown relations in Canada? From my perspective, these key figures in the Harper government have significant influence over laws and policies which relate to First Nations and even how they are portrayed in the media. These right-wing ideologies don’t change overnight and there has been no indication that any of these individuals have backed away from their strongly held views. This has resulted in a major shift back to paternalistic ways of dealing with First Nations which presents a significant challenge to First Nations who are still struggling to deal with the legacies left by former paternalistic policy days.
But it is not just the current legislative initiatives that should cause us concern. It all started with the conservative rejection of the Kelowna Accord which was intended to address the very serious health, education and employment gaps between Aboriginal peoples and other Canadians. It has continued with the paternalistic suite of legislation going through the House and Senate and is even evident here in Ontario. In Ontario, the federal government’s resistance to negotiating with First Nations and Ontario regarding the HST meant a protracted and tense situation that played more to the public than to the parties at hand. As well, INAC imposed an Indian Act election and government on the Algonquins of Barriere Lake despite them having legally opted out of the Indian Act election provisions long ago.
What is on the horizon? I think we can expect that as Aboriginal women win court cases, like in McIvor’s case, Canada will reduce benefits so that their victories are empty. I also think that Flanagan’s original assimilatory plans will be implemented under the guise of “progress” like the current plans to privatize reserve lands and make them available for sale to non-Indians as well as Bill S-4 which would create new interests in reserve lands for non-Indians. Bill S-4 also reintroduces the concept of Indian agent under the new name of “Verifier” despite the near unanimous objections of First Nations and Aboriginal women alike.
If First Nations let themselves be divided or wooed by promises of funding for various projects, we could see permanent large scale assimilation and loss of reserve lands. A famous TV psychologist once said – if someone is trying to tell you who they are and what they are all about – then listen. In this case, I would ask First Nations to listen to what the conservative party has said but also match that to what they have done.
The conservative plan is still the assimilation of First Nations. The only difference being that they have learned from Flanagan’s mistakes and have obviously decided to implement their plans less overtly.
Previously, PM Harper had Tom Flanagan as his Chief of Staff (COS). Mr. Flanagan as we all know, has written several controversial books and articles related to First Nations which more or less advocate for their eventual assimilation. In his view, any concept of special constitutional rights for First Nations is unjustified. He views First Nations concepts of communal property as both "primitive" and communist". Now he is advocating for the whole-sale privatization of reserve lands to free them up for sale. One might say - well he is not the COS anymore, so why should that matter?
Great question.. It matters firstly because it demonstrates that the Conservative Party has allowed itself to be influenced more by its right-wing thinkers (think Reform Party) than those who think more broadly or with open minds. Secondly, and perhaps more importantly, it matters because PM Harper has now surrounded himself with right-wing thinkers and those who have publically spoken out against First Nations in ways which have been described as racist or demeaning. These same people are now administering Indian Affairs in Canada.
As you all know, the new Minister of Indian and Northern Affairs Canada (INAC) is MP John Duncan. He comes from an enforcement-type background having worked on Pacific Fisheries issues in BC. As MP, Duncan was very vocal against First Nations being able to exercise their constitutionally protected Aboriginal right to fish. To his mind, the First Nations fishery amounted to nothing more than a “race-based” fishery that was illegal.
While some might question whether one comment is enough to paint the whole picture, I would point out that Duncan was also very vocal against the Nisga’a Self-Government agreement as well. This isn’t a situation where Duncan made a comment in the heat of the moment that he regretted and for which he later apologized. Duncan has not, from what I have seen, indicated that he has had any significant change of heart with regard to First Nations. If there was any doubt about how he feels now that he is Minister of INAC, I would refer readers to recent media which quote Duncan as saying that his priority is to ensure that First Nations have the “same” opportunities as other Canadians – ignoring of course that their rights are not the “same” but are constitutionally protected Aboriginal and treaty rights which include their inherent right to be self-governing.
If this were not enough, the new Parliamentary Secretary for INAC is Shelly Glover who also comes from an enforcement background. She worked for 19 years in the police force. Yet, she has been referred to as Canada’s version of Sarah Palin for her lack of capacity in terms of politics. For example, in an effort to distance herself from Tom Flanagan, she tried to claim that she had no idea who he actually was or if he was even Canadian. Even the interviewer laughed and found it as incredulous as the rest of us that she could be a conservative MP and not know that Tom Flanagan was PM Harper’s former COS. If she did know, her attempted deception was unsuccessful. If she didn’t know, the conservatives had better be concerned.
But again, we cannot judge a politician on one major flub up. What else do we know? She claims to be a Metis person affiliated with a Metis organization, although I could not find any information about her actual participation in the Metis community or how recent her self-identification is/was. What I did find were many media articles which described her as a “hard-nosed” and tough police officer especially with Aboriginal gangs. She is also supportive of tougher criminal laws and supports more money for prisons. This of course should be of great concern to First Nations who are already over-represented in provincial jails, under-represented on jury pools, and have been subjected to racial profiling, discriminatory treatment by law enforcement, and deaths while in police custody.
So, you might say that is only INAC and PM Harper has shown that he is a one-man band and so we should be more concerned about what the PM thinks than what his Ministers think. OK, so let’s look at PM Harper’s own Parliamentary Secretary, Pierre Poilievre. He has been described in the media as an “attack dog” and for using racist terminology in the House (that I will not repeat here) and refusing to apologize for it. However, he is most well-known for his comments made literally hours before the Residential Schools Apology where he made stereotypical comments against Aboriginal people saying they needed to learn the value of hard work more than they needed compensation and asked whether Canadians were “really getting value for all this money”.
What does this mean for Aboriginal-Crown relations in Canada? From my perspective, these key figures in the Harper government have significant influence over laws and policies which relate to First Nations and even how they are portrayed in the media. These right-wing ideologies don’t change overnight and there has been no indication that any of these individuals have backed away from their strongly held views. This has resulted in a major shift back to paternalistic ways of dealing with First Nations which presents a significant challenge to First Nations who are still struggling to deal with the legacies left by former paternalistic policy days.
But it is not just the current legislative initiatives that should cause us concern. It all started with the conservative rejection of the Kelowna Accord which was intended to address the very serious health, education and employment gaps between Aboriginal peoples and other Canadians. It has continued with the paternalistic suite of legislation going through the House and Senate and is even evident here in Ontario. In Ontario, the federal government’s resistance to negotiating with First Nations and Ontario regarding the HST meant a protracted and tense situation that played more to the public than to the parties at hand. As well, INAC imposed an Indian Act election and government on the Algonquins of Barriere Lake despite them having legally opted out of the Indian Act election provisions long ago.
What is on the horizon? I think we can expect that as Aboriginal women win court cases, like in McIvor’s case, Canada will reduce benefits so that their victories are empty. I also think that Flanagan’s original assimilatory plans will be implemented under the guise of “progress” like the current plans to privatize reserve lands and make them available for sale to non-Indians as well as Bill S-4 which would create new interests in reserve lands for non-Indians. Bill S-4 also reintroduces the concept of Indian agent under the new name of “Verifier” despite the near unanimous objections of First Nations and Aboriginal women alike.
If First Nations let themselves be divided or wooed by promises of funding for various projects, we could see permanent large scale assimilation and loss of reserve lands. A famous TV psychologist once said – if someone is trying to tell you who they are and what they are all about – then listen. In this case, I would ask First Nations to listen to what the conservative party has said but also match that to what they have done.
The conservative plan is still the assimilation of First Nations. The only difference being that they have learned from Flanagan’s mistakes and have obviously decided to implement their plans less overtly.
Saturday, September 4, 2010
Now First Nations are Soviets and Primitive Communists?
I am writing this blog today because I have had enough of the right wing misinformation campaign against First Nations in Canada. It isn't enough that First Nations had to endure colonial control, theft of their lands and resources, broken treaty promises, loss of their languages and spirits in residential schools, and the ongoing impact of the Indian Act for the last few hundred or so years, but now they are being shamed, harassed and bullied into abandoning what First Nations have managed to save for their future generations.
First Nations identities, cultures, and lands are under attack once again from the newly revitalized right wingers (thanks to PM Harper and his conservative party) who think that the only "true" Canadians are those that look, walk, talk, and think alike. This is despite the fact that First Nations have never imposed such rules on Canadians. First Nations are not asking for anything other than for Canadians to live up to their constitutional promises.
http://www.canlii.org/en/ca/const/const1982.html
Section 35 of the Constitution Act, 1982 is the Supreme law of the land. No federal or provincial government has the authority to enact laws and policies outside those legal boundaries by which Canadians have agreed to live. Section 35 recognizes and affirms the Aboriginal and treaty rights of the Aboriginal peoples of Canada. In case there was any doubt, in 1996 Canada publicly recognized that Aboriginal peoples have the "inherent right" to self-government and that this right was protected in s.35.
http://www.ainc-inac.gc.ca/al/ldc/ccl/pubs/sg/sg-eng.asp
The inherent right to be self-governing does not mean that First Nations MUST govern themselves according to western laws, ideologies, and governance structures. That would defeat the whole purpose of being self-governing according to one's OWN laws, customs, and practices. Even the Supreme Court of Canada in Van der Peet recognized that:
In my view, the doctrine of aboriginal rights exists, and is recognized and affirmed by s. 35(1), because of one simple fact: when Europeans arrived in North America, aboriginal peoples were already here, living in communities on the land, and participating in distinctive cultures, as they had done for centuries. It is this fact, and this fact above all others, which separates aboriginal peoples from all other minority groups in Canadian society and which mandates their special legal, and now constitutional, status.
http://www.canlii.org/en/ca/scc/doc/1996/1996canlii216/1996canlii216.html
Additionally, PM Harper stood before and on behalf of ALL Canadians and apologized to First Nations for the assimilatory attitudes upon which policies like residential schools were based. Specifically, PM Harper explained that:
Two primary objectives of the Residential Schools system were to remove and isolate children from the influence of their homes, families, traditions, and cultures and to assimilate them into the dominant culture. These objectives were based on the assumption Aboriginal cultures and spiritual beliefs were inferior and unequal. Indeed some sought, as was infamously said, "to kill the Indian in the child". Today, we recognize that this policy of assimilation was wrong, has caused great harm, and has no place in our country.
http://www.ainc-inac.gc.ca/ai/rqpi/apo/index-eng.asp
This apology is in line with other pronouncements from the Supreme Court of Canada (SCC)regarding the purpose of protecting the rights of Aboriginal peoples in the Constitution Act, 1982. Specifically, the SCC held in Powley that the purpose of section 35 was to protect to recognize and enhance Aboriginal peoples "survival as distinctive communities." Distinctive refers to the unique laws, cultures, traditions, practices and beliefs of Aboriginal Nations. The SCC explained that the "purpose and the promise of s. 35 is to protect practices that were historically important features of these distinctive communities" so that they can preserve their cultures for future generations.
http://www.canlii.org/en/ca/scc/doc/2003/2003scc43/2003scc43.html
So, if the supreme law of the land, our country's highest court, and even the Prime Minister recognizes the need to protect Aboriginal laws, customs, practices, beliefs, traditions, and cultures, how is it that the right wingers in society cannot wrap their minds around that concept?
Today, I read a comment in the National Post which referred to First Nations concepts of communal property as "Soviet-style native property rules". Never mind that the "Soviet Union" doesn't even exist anymore, but the comparison shows the ignorance of the commentator.
http://fullcomment.nationalpost.com/2010/09/03/national-post-editorial-board-enough-soviet-style-native-property-rules/
The commentator alleges that Canadians who live on reserve are "denied the ability to own real property". In fact, any Aboriginal person may own property off-reserve in fee simple. On reserve, they can hold property in a Certificate of Possession (CPs) which is similar to fee simple, except that it can't be sold to non-Indians. This form of property ownership respects the communal nature of land ownership in First Nations. The communal nature of land holding in First Nations has long been recognized by laws, courts, and our constitution as an integral
part of First Nations laws, rules and practices related to their lands.
The commentator also alleges that Aboriginal people "cannot hold true title to their homes" nor can they "mortgage a property to raise capital". In fact, Aboriginal people can hold CPs to their homes and even obtain a mortgage through various programs at CMHC and INAC. The link below provides details about how the process works:
http://www.cmhc-schl.gc.ca/en/ab/onre/onre_008.cfm
The commentator also claims that Aboriginal peoples cannot develop their "land as they see fit". This may or may not be true, depending on the zoning and other land use codes that may or may not in place in any particular First Nation. It is interesting to note however, that most Canadians cannot develop their land as they see fit due to zoning and other municipal land use by-laws. This comment reflects an obvious lack of knowledge around the subject.
More troubling is the allegation that Aboriginal peoples "can lose their homes without recourse, whenever it happens to be convenient for band council to give their property to a new occupant". This is categorically false. Various provisions of the Indian Act lay out how land is to be allotted, how CPs can be issued, and the process under which land can be expropriated. Canadian and provincial laws allow lands of Canadians to be expropriated in special circumstances, but never without compensation. The rules are similar on a reserve. Of course, the rules may well be different for self-governing First Nations and/or those under the First Nations Land Management Act.
http://laws.justice.gc.ca/PDF/Statute/I/I-5.pdf
The commentator uses the example of Kahnawake where the band council enacted residency by-laws prohibiting non-members from residing on their reserve. When asked about the legality of such a by-law, the former Minister of Indian Affairs, Chuck Strahl claimed it was "legal" and even "constitutional" despite the fact that in order for a by-law to be legal it must be submitted to INAC for approval - which according to INAC was never done.
http://www.nationalpost.com/news/story.html?id=2542877
I agree completely with the commentator that such a law, which evicts non-Indian spouses of legitimate band members from their homes, is racist. It divides children from their parents, and families from their communities. Instead of protecting their Nation, they are actually speeding up their own assimilation. I myself, have written a blog about the injustice of this situation.
http://nonstatusindian.blogspot.com/2010/02/mohawks-or-canadas-disappearing-indians.html
That being said, Kahnawake does not represent all 633 First Nations in Canada. Just as the serial killer Robert Pickton does not represent the values of all Canadians, nor does Kahnawake represent the majority of First Nations values.
Finally, the commentator praises Tom Flanagan's new book: Restoring Aboriginal Property Rights" as the answer to the situation of communal property rights. As Tom Flanagan describes First Nations as "primitive communists", it is easy to see where this commentator divined his inspiration to write about "Soviet" First Nations.
Flanagan's plan is to turn reserves into fee simple, maximize land values, and open up reserves to be sold to non-Indians. In my opinion, this does not recognize constitutionally protected land rights and simply represents a right wing desire to see Aboriginal peoples assimilated once and for all. I have written a book review which summarizes the plan and highlights significant issues with it. It is called "Opportunity or Temptation" and you can find it on the Literary Review of Canada website under back issues in April 2010.
Such a plan far from recognizes the "distinct" First Nations' traditions, practices, laws, and customs in relation to Aboriginal lands, but in fact represents an intolerance for such difference. It demands that Aboriginal people be more like "westerners" and embrace capitalism and concepts of individual wealth over the welfare of family, community and Nation. Aboriginal peoples are not asking Canadians to adopt First Nations laws and concepts, just to respect their right to have their own ideals.
A basic tennet of liberal democracies like Canada, is that of tolerance and respect for difference. Forcing First Nations to adopt Canadian ideals is actually very undemocratic. It is quite hypocritical for Canadians to defend their Charter and Constitutional rights so vehemently, except when it comes to the constitutional rights of Aboriginal peoples. It is time these right wingers thought more about what a true democracy means and start walking the walk before they go around telling other people to be more Canadian.
First Nations identities, cultures, and lands are under attack once again from the newly revitalized right wingers (thanks to PM Harper and his conservative party) who think that the only "true" Canadians are those that look, walk, talk, and think alike. This is despite the fact that First Nations have never imposed such rules on Canadians. First Nations are not asking for anything other than for Canadians to live up to their constitutional promises.
http://www.canlii.org/en/ca/const/const1982.html
Section 35 of the Constitution Act, 1982 is the Supreme law of the land. No federal or provincial government has the authority to enact laws and policies outside those legal boundaries by which Canadians have agreed to live. Section 35 recognizes and affirms the Aboriginal and treaty rights of the Aboriginal peoples of Canada. In case there was any doubt, in 1996 Canada publicly recognized that Aboriginal peoples have the "inherent right" to self-government and that this right was protected in s.35.
http://www.ainc-inac.gc.ca/al/ldc/ccl/pubs/sg/sg-eng.asp
The inherent right to be self-governing does not mean that First Nations MUST govern themselves according to western laws, ideologies, and governance structures. That would defeat the whole purpose of being self-governing according to one's OWN laws, customs, and practices. Even the Supreme Court of Canada in Van der Peet recognized that:
In my view, the doctrine of aboriginal rights exists, and is recognized and affirmed by s. 35(1), because of one simple fact: when Europeans arrived in North America, aboriginal peoples were already here, living in communities on the land, and participating in distinctive cultures, as they had done for centuries. It is this fact, and this fact above all others, which separates aboriginal peoples from all other minority groups in Canadian society and which mandates their special legal, and now constitutional, status.
http://www.canlii.org/en/ca/scc/doc/1996/1996canlii216/1996canlii216.html
Additionally, PM Harper stood before and on behalf of ALL Canadians and apologized to First Nations for the assimilatory attitudes upon which policies like residential schools were based. Specifically, PM Harper explained that:
Two primary objectives of the Residential Schools system were to remove and isolate children from the influence of their homes, families, traditions, and cultures and to assimilate them into the dominant culture. These objectives were based on the assumption Aboriginal cultures and spiritual beliefs were inferior and unequal. Indeed some sought, as was infamously said, "to kill the Indian in the child". Today, we recognize that this policy of assimilation was wrong, has caused great harm, and has no place in our country.
http://www.ainc-inac.gc.ca/ai/rqpi/apo/index-eng.asp
This apology is in line with other pronouncements from the Supreme Court of Canada (SCC)regarding the purpose of protecting the rights of Aboriginal peoples in the Constitution Act, 1982. Specifically, the SCC held in Powley that the purpose of section 35 was to protect to recognize and enhance Aboriginal peoples "survival as distinctive communities." Distinctive refers to the unique laws, cultures, traditions, practices and beliefs of Aboriginal Nations. The SCC explained that the "purpose and the promise of s. 35 is to protect practices that were historically important features of these distinctive communities" so that they can preserve their cultures for future generations.
http://www.canlii.org/en/ca/scc/doc/2003/2003scc43/2003scc43.html
So, if the supreme law of the land, our country's highest court, and even the Prime Minister recognizes the need to protect Aboriginal laws, customs, practices, beliefs, traditions, and cultures, how is it that the right wingers in society cannot wrap their minds around that concept?
Today, I read a comment in the National Post which referred to First Nations concepts of communal property as "Soviet-style native property rules". Never mind that the "Soviet Union" doesn't even exist anymore, but the comparison shows the ignorance of the commentator.
http://fullcomment.nationalpost.com/2010/09/03/national-post-editorial-board-enough-soviet-style-native-property-rules/
The commentator alleges that Canadians who live on reserve are "denied the ability to own real property". In fact, any Aboriginal person may own property off-reserve in fee simple. On reserve, they can hold property in a Certificate of Possession (CPs) which is similar to fee simple, except that it can't be sold to non-Indians. This form of property ownership respects the communal nature of land ownership in First Nations. The communal nature of land holding in First Nations has long been recognized by laws, courts, and our constitution as an integral
part of First Nations laws, rules and practices related to their lands.
The commentator also alleges that Aboriginal people "cannot hold true title to their homes" nor can they "mortgage a property to raise capital". In fact, Aboriginal people can hold CPs to their homes and even obtain a mortgage through various programs at CMHC and INAC. The link below provides details about how the process works:
http://www.cmhc-schl.gc.ca/en/ab/onre/onre_008.cfm
The commentator also claims that Aboriginal peoples cannot develop their "land as they see fit". This may or may not be true, depending on the zoning and other land use codes that may or may not in place in any particular First Nation. It is interesting to note however, that most Canadians cannot develop their land as they see fit due to zoning and other municipal land use by-laws. This comment reflects an obvious lack of knowledge around the subject.
More troubling is the allegation that Aboriginal peoples "can lose their homes without recourse, whenever it happens to be convenient for band council to give their property to a new occupant". This is categorically false. Various provisions of the Indian Act lay out how land is to be allotted, how CPs can be issued, and the process under which land can be expropriated. Canadian and provincial laws allow lands of Canadians to be expropriated in special circumstances, but never without compensation. The rules are similar on a reserve. Of course, the rules may well be different for self-governing First Nations and/or those under the First Nations Land Management Act.
http://laws.justice.gc.ca/PDF/Statute/I/I-5.pdf
The commentator uses the example of Kahnawake where the band council enacted residency by-laws prohibiting non-members from residing on their reserve. When asked about the legality of such a by-law, the former Minister of Indian Affairs, Chuck Strahl claimed it was "legal" and even "constitutional" despite the fact that in order for a by-law to be legal it must be submitted to INAC for approval - which according to INAC was never done.
http://www.nationalpost.com/news/story.html?id=2542877
I agree completely with the commentator that such a law, which evicts non-Indian spouses of legitimate band members from their homes, is racist. It divides children from their parents, and families from their communities. Instead of protecting their Nation, they are actually speeding up their own assimilation. I myself, have written a blog about the injustice of this situation.
http://nonstatusindian.blogspot.com/2010/02/mohawks-or-canadas-disappearing-indians.html
That being said, Kahnawake does not represent all 633 First Nations in Canada. Just as the serial killer Robert Pickton does not represent the values of all Canadians, nor does Kahnawake represent the majority of First Nations values.
Finally, the commentator praises Tom Flanagan's new book: Restoring Aboriginal Property Rights" as the answer to the situation of communal property rights. As Tom Flanagan describes First Nations as "primitive communists", it is easy to see where this commentator divined his inspiration to write about "Soviet" First Nations.
Flanagan's plan is to turn reserves into fee simple, maximize land values, and open up reserves to be sold to non-Indians. In my opinion, this does not recognize constitutionally protected land rights and simply represents a right wing desire to see Aboriginal peoples assimilated once and for all. I have written a book review which summarizes the plan and highlights significant issues with it. It is called "Opportunity or Temptation" and you can find it on the Literary Review of Canada website under back issues in April 2010.
Such a plan far from recognizes the "distinct" First Nations' traditions, practices, laws, and customs in relation to Aboriginal lands, but in fact represents an intolerance for such difference. It demands that Aboriginal people be more like "westerners" and embrace capitalism and concepts of individual wealth over the welfare of family, community and Nation. Aboriginal peoples are not asking Canadians to adopt First Nations laws and concepts, just to respect their right to have their own ideals.
A basic tennet of liberal democracies like Canada, is that of tolerance and respect for difference. Forcing First Nations to adopt Canadian ideals is actually very undemocratic. It is quite hypocritical for Canadians to defend their Charter and Constitutional rights so vehemently, except when it comes to the constitutional rights of Aboriginal peoples. It is time these right wingers thought more about what a true democracy means and start walking the walk before they go around telling other people to be more Canadian.
Friday, August 20, 2010
Canada's Blood Quantum Formula for Assimilation
This blog provides another excerpt from my doctoral thesis that I am currently converting into a book for publication. This section deals with the second generation cut-off rule in the Indian Act, 1985 that was not specifically challenged by Sharon McIvor in her court case. To my mind, the descent provisions in the Act are essentially blood quantum formulas that perpetuate colonial, racist ideologies about what it meant to be a "real" Indian.
Ongoing racist ideologies about the identities of Aboriginal peoples is the underlying problem with the Act and federal policies with regards to Aboriginal peoples. If we do not acknowledge and address that issue, equitable solutions will not be possible. The McIvor decision on appeal is a prime example of how embedded such racist ideology actually is in all levels of our society.
Here is the excerpt:
If we are ever to convince the courts to address this fundamental problem in federal policy, and even within their own jurisprudential logic and reasoning, we must name it for what it is - the current second generation cut-off rule in section 6(2) of the Indian Act,1985 is really a measurement of blood quantum or degree of descent.
The fact that Canada has chosen to use milder words to categorize the rule as: "genealogical proximity", "degree of Indian parentage", "genealogical connection", or "genealogical standard" does not escape the fact that this is an exercise in racism and forced assimilation.
Canada has openly created, justified and vigorously defended an identification system for Aboriginal peoples based solely on blood quantum or degree of descent, which is clearly a modern day act of racism.
The use of different wording does not cover up what Canada is doing - it is requiring that all status Indians be "real" Indians as viewed from Eurocentric ideologies around blood purity and race.
Aside from being legally unjustifiable, it is morally repugnant and should be exposed for what it is: forced assimilation.
Both blood quantum and assimilation has been denounced domestically and internationally and should no longer be a part of Canadian law or policy.
In fact, Article 8 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provides that no Indigenous peoples shall be subjected to forced assimilation or destruction of their culture. Further, the State has a positive obligation to prevent the loss of such culture and identity.
My goal in publishing this book is to raise awareness about the underlying problems and talk about the tough issues like why some Aboriginal people inadvertently advocate (through blood quantum) their own assimilation. Until we do this, Canadian courts will continue to define who we are based on colonial ideals of the "authentic Indian" which represents little more than fictional stereotypes.
Obviously, this is a small excerpt from hundreds of pages which explain all of the above concepts and provide scholarly and legal support for my claims. That being said, there are always strong views on all sides and there will always be differences of opinion. I, personally, can never accept a biological determination of who we are - whether you call it status, membership or something else.
Please feel free to send any comments to palmater@nonstatusindian.com
Ongoing racist ideologies about the identities of Aboriginal peoples is the underlying problem with the Act and federal policies with regards to Aboriginal peoples. If we do not acknowledge and address that issue, equitable solutions will not be possible. The McIvor decision on appeal is a prime example of how embedded such racist ideology actually is in all levels of our society.
Here is the excerpt:
If we are ever to convince the courts to address this fundamental problem in federal policy, and even within their own jurisprudential logic and reasoning, we must name it for what it is - the current second generation cut-off rule in section 6(2) of the Indian Act,1985 is really a measurement of blood quantum or degree of descent.
The fact that Canada has chosen to use milder words to categorize the rule as: "genealogical proximity", "degree of Indian parentage", "genealogical connection", or "genealogical standard" does not escape the fact that this is an exercise in racism and forced assimilation.
Canada has openly created, justified and vigorously defended an identification system for Aboriginal peoples based solely on blood quantum or degree of descent, which is clearly a modern day act of racism.
The use of different wording does not cover up what Canada is doing - it is requiring that all status Indians be "real" Indians as viewed from Eurocentric ideologies around blood purity and race.
Aside from being legally unjustifiable, it is morally repugnant and should be exposed for what it is: forced assimilation.
Both blood quantum and assimilation has been denounced domestically and internationally and should no longer be a part of Canadian law or policy.
In fact, Article 8 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) provides that no Indigenous peoples shall be subjected to forced assimilation or destruction of their culture. Further, the State has a positive obligation to prevent the loss of such culture and identity.
My goal in publishing this book is to raise awareness about the underlying problems and talk about the tough issues like why some Aboriginal people inadvertently advocate (through blood quantum) their own assimilation. Until we do this, Canadian courts will continue to define who we are based on colonial ideals of the "authentic Indian" which represents little more than fictional stereotypes.
Obviously, this is a small excerpt from hundreds of pages which explain all of the above concepts and provide scholarly and legal support for my claims. That being said, there are always strong views on all sides and there will always be differences of opinion. I, personally, can never accept a biological determination of who we are - whether you call it status, membership or something else.
Please feel free to send any comments to palmater@nonstatusindian.com
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