What is the Idle No More Movement ... Really?

I have been honoured by the request of the Idle No More Founders to be one of their organizers and spokespersons. Working within this movement was a natural extension of the work we already do in First Nations with leaders and citizens. In the last few weeks, many of the media's questions related to how the movement started, what do we want and where it might be headed. I have done my best as one of the spokespeople to answer these questions based on the views shared with me by some of those in the movement.

Al Jazeera Panel on Idle No More:

http://www.aljazeera.com/programmes/insidestoryamericas/2013/01/20131282718188634.html

CBC's Power and Politics:

http://www.cbc.ca/player/News/ID/2322717557/

CTV News

http://www.ctvnews.ca/video?clipId=836122&playlistId=1.1095861&binId=1.810401

My article in Ottawa Citizen explaining the movement:

http://www.ottawacitizen.com/opinion/op-ed/Idle+More/7753967/story.html

Tonight, I'd like to try to answer those questions as an individual. Thus what follows represents my own opinions, analysis, views and aspirations about the Idle No More movement.

The Idle No More movement is part of a larger Indigenous movement that has been in the making for several years now. Indigenous activists all over the country have been monitoring the political and legal scene in Canada at both the federal and provincial levels and making a concerted effort to help inform First Nation community members and leaders about any potential threats. We noted a clear assimilation agenda that emerged within the Conservative government and we started planning on how we could address that if Prime Minister Harper insisted on putting his plan into action.

http://rabble.ca/blogs/bloggers/pamela-palmater/2012/09/harpers-manifesto-erasing-canadas-indigenous-communities

We of course worked very hard to try all the usual channels to address our growing concerns, which included lobbying, letter-writing, testifying before Senate and Parliament, endless meetings with MPs, Senators, Ministers and others - all to no avail. The Harper government was not interested in talking to us, let alone consulting or getting our consent. Harper decided instead to use the Assembly of First Nations as his primary vehicle to call all the shots. Harper's government set the agenda, they drafted the joint action plans and they alone decided what was and was not on the table. In other words, Harper managed to bully his assimilation plan onto the First Nation agenda with hardly a squeak of opposition at the political level.

http://www.indigenousnationhood.blogspot.ca/2012/02/war-and-peace-illusions-of-partnership.html

At the co-called Crown-First Nation Gathering (CFNG) last January 2012, Harper promised First Nations his government would not unilaterally amend or repeal the Indian Act. After the CFNG, he broke that promise and proceeded with an aggressive legislative agenda that will include upwards of 14 bills that will devastate our First Nations in various ways. It is the White Paper 2012 with a twist - instead of it being a policy, like the 1969 White Paper, which wanted to assimilate Indians, Harper's plan will be law. This is the spark that ignited the Idle No More movement into action.

We always knew action would be required at some point, but the legislation posed an imminent threat and required immediate mobilization. That is how a movement was born. In the early days, some were calling the Idle No More movement, some calling it an Indigenous rights movements, but we all agreed that we needed to immediately oppose Harper's assimilatory legislative agenda. So many of the early activities included teach-ins which helped explain the legislation's potential impacts on First Nations and more importantly, what we could do to oppose it. Early protests started out as opposing the massive omnibus Bill C-45, but later came to include the whole suite.

First Nations Fiasco - First Nation legislation will create social and legal mess:

http://lawandstyle.ca/opinion_first_nations_fiasco/

When Legislators Make Bad Law: Bill C-3's Assault on Democracy:

http://www.oba.org/en/pdf/sec_news_sept11_c3_palm.pdf

Presentation on Legislation (Part 1)

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

Part 2
http://www.youtube.com/watch?v=uBt8yqth1n0

Part 3
http://www.youtube.com/watch?v=s4ku8vVELYs

Part 4
http://www.youtube.com/watch?v=okLmloA70zk

The Idle No More movement, initially started by women, is a peoples’ movement that empowers Indigenous peoples to stand up for their Nations, lands, treaties and sovereignty. This movement is unique because it is purposefully distanced from political and corporate influence. There is no elected leader, no paid Executive Director, and no bureaucracy or hierarchy which determines what any person or First Nation can and can't do. There are no colonial-based lines imposed on who joins the movement and thus issues around on & off-reserve, status and non-status, treaty and non-treaty, man or woman, elder or youth, chief or citizen does not come into play. This movement is inclusive of all our peoples.

To my mind, the true governing power of our Indigenous Nations has always been exercised through the voice of our peoples. The leaders were traditionally more like spokespeople which represented to views and decisions of the people. In this way, the Idle No More movement, led by grassroots peoples connects very closely to our Indigenous traditional values.  But it is not a movement where the people stand alone, their elders, elected leaders and traditional leaders stand with them. This movement is not in competition with any First Nation political organization or elected leaders. This movement is focused on the critical issues before us, not power-struggles, political games or competing for government funding. Everyone so far has donated their time, money, energy and skills to making this work despite the inevitable critiques, push-back and misinformation.

Yet, what makes this peoples' movement so unique, is also what makes it so difficult for many Canadians and the media to understand. Generally speaking, people understand that each government, group or organization has a leader, a clearly defined hierarchy and rules about who can say and do what. This movement on the other hand, is very organic in nature and first and foremost respects the sovereignty of individual Indigenous peoples and their Nations to participate how and when they choose, if at all. This will mean that some First Nations leaders will choose not to participate, but some of their members will. It could mean one First Nation community organizes teach-ins whereas First Nations peoples living in urban areas will get together and organize flash mob round dances.

Think of the many ways in which this movement has already developed. We had teach-ins at Louis Bull, Saddle Lake and other First Nations. We have posted information, publications and videos online for all to access. We have engaged the media to help educate the public about why this impacts them as well. The Chiefs organized a protest during the AFN assembly to oppose the legislation (including Bill C-45). Chief Spence is on a hunger strike standing up for all First Nations and the treaty relationship which Canada has forgotten. Kids in schools have held Idle No More Rallies and there have been marches, protests and temporary traffic and railways slow downs. The core unifying theme to all of it has been that they are peaceful activities meant to help educate Canadians about how this is in all our interests.

We do have structure, we are organized, we work very closely with one another across the country to strategize and we are growing. We have worked with active First Nation leaders on the ground since the very beginning and many of us continue to do so. Our allies increase every day as more and more organizations are joining the movement. Now we have widespread international support which also grows everyday. Pretty soon you will see more and more prominent figures stand up to put pressure on Canada to come to the table in a real, meaningful way.

 

http://idlenomore1.blogspot.ca/

To me, Idle No More is a responsibility - a responsibility to live up to the sacrifices of our ancestors, to the duty we have as guardians of the earth, and to the expectations that our children and grandchildren have of us to protect them. Every single one of us has that responsibility, though, at any given time, we all have different capacities, skills and opportunities in which to fulfill it. Regardless of our situation, I believe that we all carry that responsibility from the very moment the Creator blesses us with our first breath until our last.

This responsibility means that it is not good enough to work hard, get an education, find a job, and provide for one's family. These are important things, and our ancestors did their best to ensure that we would have a prosperous future. Many even negotiated these provisions in some of our treaties. But, it is not good enough for us to simply be comfortable, at least not as long as we have brothers, sisters and community members who live without food, water or housing. Right now, many of our Indigenous peoples are facing multiple, overlapping crises that require emergency attention. The very grassroots people standing on the front lines of this movement are there because they are the ones without clean water, housing or sanitation and the politicians have done little to address this.

Stretched Beyond Human Limits: Death by Poverty in First Nations:

http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

This movement is set apart from any other before it. Unlike the Occupy movement, this movement involves peoples with a shared histories, experiences, goals and aspirations. We as Indigenous peoples are all related, we all care about each other's futures and we share the same responsibility to protect our rights, cultures and identities for our seventh generation. This movement also has a special spiritual significance in that this was prophesied - that the seventh generation would rise and restore the strength of our Nations, bring balance and see that justice was restored to our peoples.

This movement is also unique in that it includes Canadians as our allies. Just as the early days of contact when the settlers needed our help to survive the harsh winter months, and seek out a new life here, Canadians once again need our help. They need our help to stop Harper's destructive environmental agenda. First Nations represent Canadians last best hope at stopping Harper from unfettered mass destruction of our shared lands, waters, plants and animals in the name of resource development for export to foreign countries like China. Why? Because only First Nations have constitutionally protected Aboriginal and treaty rights which mandate Canada to obtain the consent of First Nations prior to acting. These rights are also protected at the international level with the United Nations Declaration on the Rights of Indigenous Peoples.

http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

When First Nations organize in Idle No More to oppose this legislation, they do so to protect all of our interests - First Nation and Canadian alike. The most precious resources in the near future will be farmable lands and drinkable water. If there is no clean water, this impacts everyone. We are standing up not only to protect our lands and waters, but we are also standing up to restore justice for First Nations and democracy for Canadians. We can work together to defeat this threat to Canada and find a way to share the lands and resources as the treaties envisioned.

When asked what do we want, that question can be answered in two parts:

(1) In the short term, Canada must withdraw the suite of legislation impacting First Nations, amend those omnibus bills which threaten our lands and waters, and restore the funding that was cut to our First Nation advocacy organizations and communities;

(2) In the long term, Canada must set up a Nation to Nation process whereby First Nations and Canada can address many of the long outstanding issues related to the implementation of treaties and sharing the lands and resources.

Ultimately, we want to be free - free to govern ourselves as we choose; free to enjoy our identities, cultures, languages and traditions - i.e., to live the good life as we see fit. This means Canada must respect our sovereignty and get out of the business of managing our lives. Given that Canada has worked hard to put us in the situation we are in, Harper will have to come to table with some good faith and offer some solutions to address the current crisis facing many of our communities in relation to the basic essentials of life - water, sanitation, housing, and education. If Harper can do no more than appear at a meeting on January 24th as requested by the AFN, our most vulnerable citizens will not see justice.

What Idle No More means to me is the coming together of Indigenous peoples from all over Turtle Island to work together to restore pride in our peoples, to stand up for our rights and live up to those responsibilities we have to one another and Mother Earth.

It is inspiring hope, when many had lost hope that anyone would ever stand on their behalf.

It has inspired pride in who we are as Indigenous peoples because our peoples and the ways of our peoples are beautiful and something to be cherished and defended.

It has inspired leadership in those who thought they had nothing left to offer their Nations.

It has inspired a reconnection of youth to elders, citizens to leaders and men to stand beside their women.

It has inspired the most oppressed peoples to stand up and exercise their voices.

We are alive again and the spirits of our ancestors are walking with us on this journey.

I believe in the power of our peoples - we can do this!

Eyes Wide Shut: Chasing Section 35 and Ignoring the War

Ok, so it's been four months since the Assembly of First Nations (AFN) election for National Chief and the honeymoon period is officially over. I simply can't stay silent any longer about where we are and where we are headed as First Nations. If we don't take action now, even if that means speaking out and risking unity, then it is our First Nations citizens on the ground who will be the ones who continue to suffer from our political inaction. Harper's aggressive actions since the election more than proves Harper's real agenda - to once and for all eliminate the "Indian problem" - and it's do or die time for us.

http://indigenousnationhood.blogspot.ca/2012/09/harpers-indigenous-manifesto-erasing.html

With respect, I take serious issue with any claim that there was "momentum" between Harper and First Nations prior to the Crown-First Nation Gathering (CFNG) that has suddenly withered since the AFN election. There was no momentum on any key issue of importance to grassroots First Nations peoples or First Nation leaders. Every single action Harper is pursuing against us right now, he started well over a year ago. It seems incredulous that NC Atleo would all of sudden decry the flurry of federal legislation being imposed on our First Nations when the majority of these bills were introduced into the House or Senate prior to either the CFNG or the AFN election. Don't forget, mention of some of these pieces of legislation were made at the CFNG in Harper's speech - I didn't hear Atleo say anything about it then.

http://www.cbc.ca/news/canada/story/2012/11/15/pol-cp-first-nations-atleo-harper-letter.html

Similarly, with the substantial funding cuts to First Nation political organizations and those being implemented now at the individual First Nation level - we KNEW that this was Harper's plan. This was not a shock to the AFN. The problem was never lack of knowledge, instead it was a complete failure to have a strategic action plan in place. That is not to say AFN could have single-handedly reversed those funding cuts, but for weeks since their announcement they had weak to no response. It is only now that there seems to be some outcry from the National Chief. But outcry or not, where is the plan?

http://metronews.ca/news/canada/434784/atleo-pitches-plan-to-move-beyond-indian-act/

This is where things get progressively worse - Atleo's new "plan" would have us locked into decades-long self-government negotiating processes which would indebt our First Nations by millions of dollars and trap us there, lest we want to be put into third party management for failure to pay. What about the First Nations citizens on the ground? Where is the plan for the current housing and water crisis? Our people need to have at least the basic necessities of life - where are their voices and priorities reflected? True, some First Nations are doing fairly well on some fronts, but we cannot ignore the multiple over-lapping crises right before our eyes. Many of our people are suffering from homelessness, over-crowding, lack of water, sanitation, food insecurity, the theft of their children by child and family services at alarming rates, many murdered and missing Indigenous women and the over-imprisonment of our men, women and youth. How much worse does it have to get before we shift our focus back to our peoples?

http://indigenousnationhood.blogspot.ca/2012/10/indigenous-nations-urgent-situation.html

Has AFN even thought about what a section 35 agenda would mean? First of all, it is focused on Canadian law and interpreted by Canadian judges. It should be no surprise then that the majority of the Supreme Court of Canada (SCC) cases have followed a very specific pattern:

(1) They always specifically or indirectly protect Canada's sovereignty;

(2) They arbitrarily make up new sui generis (unique) law to ensure our rights can squeeze into Canadian law versus any recognition of our own laws;

(3) The cases transform First Nations from sovereign Nations and governments to cultural entities frozen in pre-contact times that must be reconciled with Canadian sovereignty;

(4) Whenever a principal or finding goes in our favour, it will inevitably be limited, redefined and reduced to an almost unusable right in subsequent cases. Take for example, the Indian priority in Sparrow which came second only after conservation. In Delgamuuwk, our priority sank to last after every other possible priority including: agriculture, forestry, mining, hydroelectric power, environment, infrastructure and settlement.

(5) The section itself requires the extensive, costly litigation of our rights on a right by right, species by species and First Nation by First Nation basis. Many of these cases take decades to resolve and even once they hit the SCC, it is not uncommon for them to send the case back to trial. Even then, we are the only group subjected to re-hearings like in Marshall II which substantially altered the original court win.

So, what is it about section 35 that offers an alternative to the current situation? Do they not realize that First Nations are the only entities with real sovereignty here? Canada knows this and is desperately buying up the rest of our lands through claims and securing its own sovereignty agreement by agreement. Canada is slowly piecing together their ownership and sovereignty, and some of us are allowing them to do that. I am not saying that they have offered any alternatives, but we don't have to accept what they thrown down. In order to speed up the process Canada will introduce the First Nation Property Ownership Act so we can surrender the last of our lands. What about any of this is a plan forward?

Atleo's "plan" also calls for a National First Nations Auditor - seriously? That is nothing more than trying to please the government's obsession with trying to make all First Nations look corrupt.Try selling that as a solution to a northern Ontario First Nation whose school is falling apart; or a flooded Manitoba First Nation whose residents have been displaced for many months; or a Saskatchewan First Nation whose water is contaminated. Who cares about another national First Nation entity which will benefit the CEO, its few employees and serve a relatively minor number of First Nations. Think of the First Nations Tax Commission, the First Nations Statistical Institute, and all those other "national" organizations located in British Columbia. We don't need a First Nation bureaucracy on top of the massive Indian Affairs bureaucracy we have now.

We are not one nation of people - we are many Nations with our own sovereignty(s). We have laws and governance systems which makes us strong Nations. We need to act on that strength, in different ways, in different territories, and according to our own laws and priorities. If we can't stay focused on living and acting on our sovereignty everyday, then we'll be easily led down the colonizer's path of chasing "equality", "section 35", and other government carrots - while missing the war going on around us. Make no mistake, our peoples are the casualties in this war and things are growing steadily worse on all socio-economic fronts. The status quo is killing our people and has been for quite some time. The problem is that Harper has changed the status quo and things are about to get much worse.

http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

Unbelievably, the AFN only now appears to be realizing that Harper's full-blitz attack on First Nations has some "potential for harmful impacts". This means that nationally, we are way behind in this war. The AFN has had many opportunities to take a stand over the last few years and has failed to do so each time. That is not to say that individual regions or First Nations have not been raising the alarm bells - in fact, some had to very publicly withdraw from Atleo-Harper education plan in order to preserve their treaty and inherent rights. There are also thousands of First Nation community members who want to see their leaders lead and are willing to stand behind their Nations - but they need to be inspired to action.

There can be no more delays - we need action. Our peoples deserve better than our fear, hesitancy and wilful blindness to their suffering. We cannot chase Canada's section 35 illusion with eyes wide shut. Harper is presenting us with a false choice: Indian Act or assimilation and some of us have fallen into the trap of letting him define our options. We need to take stock of where we have been, the situation we created by allowing this to happen, own it, and move forward. None of us as individuals have all the answers - but we are lucky, we still have the strength of our collective Nations to stand beside us.

Let's do this for our peoples and our Nations.

 "When it comes to confronting our imperial realities some of us want to reform colonial law and policy, to dull that monster's teeth so that we can't be ripped apart so easily."

"Some of us believe in reconciliation, forgetting that the monster has a genocidal appetite, a taste for our blood and would sooner tear us apart than lick our hands."

"I think that the only thing that has changed since our ancestors first declared war on the invaders is that some of us have lost heart against history and against those that would submit to it."

"I am with the warriors who want to beat the beast into bloody submission and teach it to behave."

(Excerpt from: Taiaiake Alfred, Wasase: Indigenous Pathways of Action and Freedom (Toronto: University of Toronto Press, 2005).

Bill S-2 - Family Homes on Reserve and Matrimonial Rights or Interests Act

Harper's Conservatives have given the signal that they may, once again, refocus their legislative eye on Bill S-2 Family Homes on Reserve and Matrimonial Interests or Rights Act (otherwise known as the MRP bill). To this end, the parties have been preparing to study the bill and hear from witnesses on possible amendments.

 Most of Canada's legislative initiatives go largely unexplained to grassroots Indigenous peoples - community members and leaders alike. This Harper government, in particular, has done everything it can to mislead, misinform, distract, confuse and outright lie to First Nations about its intentions with regards to the Indian Act. More so, they have done very little to explain the implications of bills to those who will be impacted - First Nations community members.

 Most will recall Prime Minister Harper's infamous words at the so-called Crown-First Nation Gathering this past January: "To be sure, our Government has no grand scheme to unilaterally repeal or to unilaterally amend the Indian Act."

 Yet, here is the extensive list of government bills currently before Parliament which will unilaterally repeal or fundamentally alter the Indian Act in significant ways:

          Bill C-428 Indian Act Amendment and Replacement Act

          Bill C-27 First Nations Financial Transparency Act

          Bill S-2 Family Homes on Reserve & Matrimonial Interests or Rights Act

          Bill S-6  First Nations Elections Act

          Bill S-8  Safe Drinking Water for First Nations Act
 
          Bill S-207  An Act to Amend the Interpretation Act
 

This does not include any of the omnibus or other bills which impact First Nations. There are two others bills expected to be introduced in the New Year as well:

           First Nation Property Ownership Act

          First Nation Education Act

It would be almost impossible for First Nation community members to know what these bills are really about simply by reading the titles of the bills. The Conservative Party is very good at using titles for their bills which betray what the bill actually does. Bill S-2 is a prime example of a bill that is being promoted as one which will protect Indigenous women from domestic violence and “give” them equal rights upon marriage or relationship breakdown. This bill does neither of those things.

 
It would make this blog far too long to review all of the sections, but communities should be aware of several problematic areas. The Preamble (which is just an introduction and does not contain any law) does give an important indication of the two theoretical underpinnings of the bill:
 
(1)   The bill has an individual-rights/interest focus versus an Indigenous communal, holistic approach;

The bill focuses on the best interests of the individual child as opposed to the collective, inter-connected interests of the entire family (including the child), extended family, community and Nation. It is this very approach that led to residential schools, 60’s scoop and the current over-representation of our Indigenous children in the care of child welfare.

(2)   The bill views First Nations peoples as “cultures” versus to governments with their own jurisdictions or Nations with their own sovereignty.

 The bill focuses everyone’s attention on the particular culture of the First Nation – which is to be “considered” by a judge in a marital dispute over property. However, there is no deference for First Nation legal or governance jurisdiction over property disputes over their own territories. This is very similar language to Supreme Court of Canada cases which have essentially frozen Aboriginal rights in “pre-contact” times and only protect those rights which the court considers “integral” enough. In this case, non-Indigenous people will be judge and jury over what our culture is, which parts of it are important, and whether it is relevant to property issues on reserve.

 The general focus of the bill is to enact provincial-like rules with regard to the divison of marital property on reserve after the break-up of a marriage or common-law relationship. This essentially means that each spouse is entitled to half - the house, land, etc. However, these provincial-like rules are not optional - they are mandatory. While the act considers them to be interim rules, the fact is no funds have been allotted for governance, law-making or enforcement and thus for many First Nations, they will remain permament.

The bill also contains the following provisions:

 

-          They apply to all First Nations until they enact laws pursuant to the bill;

-          Non-Indians will be able to gain rights (exclusive occupation, life interest, etc) to the home and contiguous land on reserve;

-          A judge can make a ruling that violence has occurred and bar that person from the house, without the alleged offender being charged or convicted;

-          First Nations are not entitled to notice for emergency protection orders which give possession to a house and land to non-Indians;

-          Certificates of Possession can be forcibly transferred from one First Nation spouse to another; and

-          A person who is not member/Indian, can apply to have order enforced as though he/she was member/Indian.

Without getting into too much technicality, this bill either conflicts with or violates various Canadian laws:

 

(1)   Bill S-2 conflicts with the Indian Act – The Indian Act reserves land for the exclusive use and benefit of Indians and make it an offense for non-Indians to trespass on reserve, yet Bill S-2 creates new rights for non-Indians on reserve;

(2)   Bill S-2 is outside is outside Canada’s legislative authority in section 91(24) of the Constitution Act, 1867 – This is because Canada is purporting to legislate with regard to the property and civil rights non-Indians which is the exclusive jurisdiction of the provinces. Thus, provincial legislation will also be required to make the bill effective.

(3)   Bill S-2 violates section 35 treaty rights in the Constitution Act, 1982 – This is because many reserves were set up via treaties, which are now protected in section 35. These treaties are for the benefit of Indians – not non-Indians.

(4)   Bill S-2 violates section 35 Aboriginal rights in the Constitution Act, 1982 – This is because the inherent right of First Nations to be self-governing over their own peoples and lands is recognized by Canada as protected in section 35. Yet with this bill, Canada purports to control internal matters even more than they do now.

 

(5)   Bill S-2 represents a breach of Canada’s honour, its fiduciary obligations and its legal duty to consult and accommodate. Bill S-2 was drafted without First Nation input, there were no legal consultations, and the bill will result in more federal control, not less.

(6)   Bill S-2 violates many articles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) – including:

 

Art.3 - the right to be self-determining;

Art. 4 – the right to be self-governing over our own internal affairs;

Art. 19 – the right of free, informed and prior consent before ANY legislative measures that affects us; and

Art. 37 – the right to recognition and enforcement of our treaties.

Some of the other key concerns that have been raised by witnesses who have testified previously include the lack of access to justice as all remedies must be access through courts, no funding is provided for accessing legal services, and many communities don’t have local access to courts. The issue of housing on marital breakdown is further complicated by Canada’s refusal to address the housing crisis or provide adequate funding for shelters.

 

There are many other issues not outlined here in order to keep this blog simple. However, I will be publishing a more detailed analysis of both direct and indirect impacts of this bill.

 My recommendations (in part):

 (1) The Status of Women committee who will be studying the bill should reject the bill in its entirety. The entire bill conflicts with both Indigenous laws and Canadian law and cannot be saved.

 (2) Canada should respect its own policy position that First Nations have a right to be self-governing which is constitutionally protected within section 35. This would correspond with the right to be self-determining as per Article 3 of UNDRIP.

Urgent Situation Report on Humanitarian Crisis in Canada

This blog post is not an official report, but is modeled off situation reports from international groups and organizations about specific crises in other countries. Canada portrays itself as a model nation but always hides the darker side of the historic genocide perpetrated on Indigenous peoples and the aggressive assimilatory actions it is taking currently -- which only serve to make poverty in First Nations much worse

I. Highlights

- Children in care crisis - 40% of children in care in Canada (30,000) are Indigenous children;
- Over-incarceration crisis - 25-30% of prison populations are Indigenous and increasing;
- Water crisis - 116+ First Nations do not have clean water, 75% of water systems med-high risk;
- Housing crisis - 40% of First Nations home in need of major repair, 85,000 home backlog;
- Indigenous women safety crisis - over 600 murdered and missing Indigenous women;
- Health crisis - Life expectancy is 8-20 years less for Indigenous peoples due to extreme poverty;
- Cultural crisis - 94% of Indigenous languages in Canada (47/50) at high risk of extinction;

II. Situation Overview

Although the Government of Canada has been presenting a picture of stable relations with and improved living conditions for Indigenous Nations, the reality on the ground shows many Indigenous individuals, families, communities and Nations suffering from multiple, over-lapping crises. Although federal, provincial, Indigenous and independent researchers have all verified the crises, Canada has refused to act. This is resulting in the pre-mature deaths of hundreds, even thousands of Indigenous peoples every year. Many of those that do survive, do so with higher levels of injuries, disabilities, diabetes, TB, heart disease, and other preventable health issues.

There is a children in care crisis where 40% of children in care in Canada (30,000) are Indigenous children. The crisis of over-incarceration of Indigenous peoples in state prisons shows 25-30% of prison populations are Indigenous and increasing. The water crisis of 116+ First Nations not having clean water and 75% of their water systems being at medium to high risk is well-known. The housing crisis is particularly staggering when you consider that 40% of First Nations homes are in need of major repair and there is a 85,000 home backlog. There is a growing crisis of violence against Indigenous women with over 600 murdered and missing Indigenous women in Canada. The health crisis results in a life expectancy of 8-20 years less for Indigenous peoples due to extreme poverty. This does not include the cultural crisis where 94% of Indigenous languages in Canada (47/50) are at high risk of extinction. These are all exacerbated for communities who suffer from massive flooding due to hydro-electric operations.

The gap between Canadians and Indigenous peoples with regards to education, employment, skills training, food security, water security, health care, and mental health services continues to increase. Statistics are often manipulated by Canada to show that conditions are getting better, but when reviewed over a 20 year period, the statistics are clear that the socio-economic conditions of Indigenous peoples are on a downward trend. The levels of poverty and ill-health in northern Indigenous communities are even more acute. Suicide rates are amongst the highest in the world with suicides starting at much younger ages, like 9 years old. While Canada rates in the top 4 countries when measuring the human development index, when Indigenous peoples are isolated, Canada drops to 78th.

Indigenous Nations in Canada have attempted to work with federal and provincial governments to address these crisis areas, all to no avail. The closest Indigenous Nations came to accessing funding relief for the current crisis was in 2005 when the Government of Canada promised $5 billion over 10 years to address issues like education and housing. This commitment was later withdrawn when the Conservative Party came to power. Since then, Indigenous Nations, through their individual First Nation communities, representative organizations and advocacy groups, continue to try to raise public awareness and get Canada's attention - but have been met with funding cuts, instead of assistance.

These funding and other cuts are in direct violation of Canada's domestic laws, legislated mandates and legally binding treaties and other agreements with Indigenous peoples. Indigenous peoples in Canada have been in a state of prolonged crisis and casualties continue to increase. The situation has become critical and many Indigenous individuals and communities are in need of immediate emergency assistance. Other communities not in a crisis, still require that their treaties be upheld, their stolen lands be returned and they have a fair share of the wealth that comes from their traditional territories in order to be self-sustaining.

III. Security Threats

The Government of Canada has initiated what can only be called a blitz attack on Indigenous governments and communities. From all available analyses, it appears as though the maneuver is designed to overwhelm Indigenous communities in the hopes that they will not have time to make their citizens aware of what is happening. This observation is supported by the fact that the Government of Canada has plotted an aggressive, assimilatory suite of legislative amendments that would do several things: (1) transfer all financial liability to Indigenous communities, (2) transfer jurisdictional authority to provinces, and (3) open up the remaining Indigenous lands and resources to pipelines, mining companies and land acquisition companies.

The level of legislative and policy changes being forced on Indigenous peoples without their free, informed, and prior consent, are historic in their number, scope, and the speed at which they are being implemented. The Government of Canada has decided to ignore even domestic laws which require that, at a minimum, it consult and accommodate the Aboriginal and treaty rights of Indigenous peoples which are constitutionally protected. Canada has been, and continues to be in breach of legally binding treaties on a daily basis without any consequences from the international community.

The Government of Canada has tried to minimize any possible Indigenous resistance to these offensive measures by implementing severe funding cuts to Indigenous representative organizations. Indigenous communities are at significant risk of confrontations with Canada's police and military forces as Canada has been known to use armed forced to quell any Indigenous resistance to the further theft and destruction of Indigenous lands and resources.

Other security risks for Indigenous peoples include:

(1) Canada's use of their Ministry of Indian and Northern Affairs Canada (INAC) to monitor individual Indigenous activists, which is well outside the scope, mandate and resource allotment of INAC;

(2) Canada's use of CSIS to monitor individual Indigenous activists and leaders is a form of intimidation to deter resistance;

(3) Canada's use of its national police force, the RCMP, to surveil Indigenous individuals and communities for signs of co-ordinated activities;

(4) Canada's use of the military to quell Indigenous resistance and portraying them publicly as "terrorists" in their own territories;

(5) Canada's use of resources to fund contracts to monitor social media activities of Indigenous peoples and their allies and to engage in counter-information campaigns against them;

(6) Canada's use of Parliamentary privilege and the media to smear, villainize and otherwise degrade Indigenous peoples, their communities and cultures which encourages similar behaviour from the public;

(7) Canada's use of law enforcement to over-incarcerate Indigenous men, women and youth to prevent Indigenous resistance on the ground;

(8) Canada's use of the child welfare system to remove additional generations of Indigenous children from their families, communities and Nations which would also reduce those who might engage in resistance in the future.

IV. Humanitarian Needs and Response

Some individual Indigenous peoples and communities in Canada require immediate aid in the form of critical supplies, infrastructure, emergency services, and international intervention at the state level:

 Critical supplies:

- potable water;
- healthy food;
- warm clothing and outerwear;
- blankets;
- medicine and various physical aids ;

Infrastructure:

- safe housing;
- water infrastructure;
- sanitation infrastructure;
- access to solar, wind or other power generation;
- communications (phone, Internet, emergency infrastructure);
- schools & day cares;

Emergency services:

- Fire prevention;
- Medical centres;
- Mental health centres;
- Indigenous policing/public safety centres;
- Emergency management centres;

International intervention:

Indigenous Nations require the assistance of the United Nations and/or any individual state to put pressure on Canada, via economic, legal, political, or other sanctions, to ensure that the root causes of the crises in Indigenous Nations are addressed. Primarily, assistance is needed to ensure that any and all unilateral development on Indigenous lands and water must be halted until restitution has been made for past thefts and illegal takings, compensation for loss of use and nation to nation agreements are made with regards to the sharing of natural resources and other wealth on Indigenous lands are negotiated.  (This does not include activities or development underway in partnership with Indigenous peoples) Unilateral state activities include, but are not limited to:

- land development;
- All new hydro developments;
- All Crown land purchases, leases, transfers, and permits;
- All pipelines, hydro-fracking, and mineral extraction;
- all clear-cutting and timber and gravel removal;

Similarly, all new legislative and policy initiatives related to Indigenous peoples and their territories must be withdrawn or held in abeyance until proper nation to nation negotiations, including, but not limited to:

- All legislation directly or indirectly impacting Indigenous peoples;
- All litigation targeted against Indigenous peoples;
- All enforcement activities against Indigenous peoples in their traditional activities;
- All enforcement activities against Indigenous peoples engaging in economic activities;

Government-based funding transfers to Indigenous governments must be maintained and protected  during negotiations, including, but not limited to:

- Federal and provincial funding transfers to Indigenous Nations, their First Nations communities and their representative organizations;
- Government transfer levels to Indigenous governments must be adjusted to reflect current population and inflation levels;
- Additional funding to cover the costs of current emergency services;
- Additional funding to cover the backlogs created by multiple decades of chronic underfunding;
- Permanent funding transfers to account for taxation, fees, permits, licences, business profits and other wealth generation which come from traditional territories;

It must be remembered that these funds are not "hand-outs", but in fact come from the wealth off of Indigenous lands that are denied to Indigenous peoples. These funds are also legally binding treaty agreements. The wealth off Indigenous lands actually support all Canadians and the Canadian state - thus, if there are any hand-outs they come from Indigenous lands and resources to support everyone else. It is time Indigenous Nations saw their fair share.

V. Coordination

There are specific Indigenous governments, communities and their representative organizations who are ready to work with international bodies to address the current crisis in Canada. Coordination can be done via video-conferencing, conference calls and meetings. Special arrangements will have to be made for any international travel of Indigenous representatives as Canada has already started to attack our own Indigenous passport systems.

It is advisable that a strategic planning session take place to coordinate public information, international interventions and emergency action on the ground. Not all Indigenous communities are in crisis, but those that are need attention urgently. A major public education campaign is needed to counter the misinformation campaign and Indigenous allies can help in this process. Other states can offer assistance in a variety of forms, but the United Nations has an opportunity to play a significant role and help Canada live up to the principles in the United Nations Declaration on the Rights of Indigenous peoples.

VI. Funding

It is absolutely critical that the international community contribute funding to address the immediate crisis, as well as fund advocacy activities to help Indigenous peoples organize and address the current situation. Currently, more than one third of the funding that is set aside for Indigenous peoples is confiscated by the federal bureaucracy to pay for their large salaries, vacations, and professional development, which is used to increase the capacity and strength of Canada's bureaucratic army against Indigenous peoples. This of course, does not include the funds spent on legal counsel to fight Indigenous peoples in court.

If Indigenous peoples are not put on an equal footing with the state, they have very little chance of successfully resisting this blitz attack. There is more than enough wealth which comes from the traditional lands and resources of Indigenous peoples - the issue has always been the illegal theft of those resources by the state. Emergency measures must be put in place to address those that die everyday in foster homes, prisons, or homeless on the street and the many thousands without clean water, food, heat or housing. State bodies have been calling these issues a crisis for over a decade and little action has been taken to address them. How many more Indigenous peoples need to suffer?

VII. Contact

Please contact Indigenous governments and their representative organizations directly. You may also contact me at palmater@indigenousnationhood.com for more details or for information about how to connect with specific Indigenous governments, communities and organizations.

For more information about the current crisis, please see my article "Stretched Beyond Human Limits: Death By Poverty in First Nations" published in the journal - Canadian Review of Social Policy:

http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

National Chief Manny Jules: Shared Priorities, Self-Sufficiency & Other Policy Myths

Indian and Northern Affairs Canada's (INAC's) recent round of cuts to national Aboriginal organizations, regional First Nation organizations and tribal councils are very telling about the policy direction in which we are headed. This policy direction is most definitely backwards in time - say 50 to 100 years or so. Canada has come nearly full circle in its treatment of Indigenous peoples. Canada went from (1) creating a mythic "race" of Indians to be divided, controlled and assimilated, (2) to recognizing (at least somewhat) that First Nations are diverse, have the inherent right to be self-determining (although limited) and that Aboriginal and treaty rights must be addressed (even though we didn't agree on how), (3) back to treating all "Indians" as one big problem that needs to be eliminated.

http://indigenousnationhood.blogspot.ca/2012/09/harpers-indigenous-manifesto-erasing.html

The two major policy objectives of this Harper government have been clear from the very beginning - it is about getting rid of Indians once and for all and turning Canada into one massive extractive industry. Harper is trying to position himself as a world power and he needs our land and resource treasury to do that. If there is one thing you can guarantee about power-mongers is that social justice, the rule of law and consideration for future generations is not consistent with  world domination. Harper may have some competition if Mitt Romney is elected as President in the United States, but that is another disaster for another day.

http://indigenousnationhood.blogspot.ca/2012/08/pinky-and-brain-comeback-mitt-romneys.html

INAC has always used a system of financial rewards and punishments to try to force First Nations into certain policy directions. This is not an easy task. It requires a colossal bureaucracy at INAC to control First Nations, manage their expectations and steer them in the direction which suits the Minister of the day. When you take a Nation's land, resources and citizens away, then use all the profits to sustain your ever increasing bureaucracy and other pet projects (militaries, submarines and fighter jets) then that Nation is essentially held at ransom. Most, if not all First Nations have at least some citizens who need to eat, access clean water, and have safe, warm housing. If you hold access to those basic human needs over the heads of leadership, their practical choices become quite limited.

http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

By keeping First Nations chronically under-funded for all essential human services, they will always be subject, at least in some way, to undue pressure by INAC's bureaucracy. In some cases, the extent of the poverty is so severe that the situation goes from one of undue duress to what some have called "extortion" (obtaining money or property from someone through coercion, commonly practiced by organized crime). If you bring people to the brink of starvation, disease and hopelessness in order to get their agreement to give up their rights, how is this not at least undue duress?

http://www.timescolonist.com/business/Housing+still+major+issue+First+Nations/7139121/story.html

Harper's plan is very clear - eliminating all history, obligations and mention of First Nations from Canada. His former advisor, Tom Flanagan, has tried for years to sell the idea of reinvigorating attempts to assimilate Indians and get rid of reserves, treaty rights and any form of distinct identity. The very racist, derogatory language and ideologies used to try to promote assimilation prevented a much wider audience from listening. Now, with the "new" more fringe right-wing Conservatives in power, they have adapted their tactics. People like Flanagan and Harper use First Nations people to sell their wares now. From Conservative Senator Patrick Brazeau who acts as Harper's mouth piece tearing apart First Nations at every chance he gets, to Manny Jules, head of the First Nation Tax Commission who now promotes the destuction of reserves and the biggest assimilation policy plan created in recent years: the nationalizing of First Nations.

http://reviewcanada.ca/reviews/2010/04/01/opportunity-or-temptation/

One need only look at INAC's recent announcement to see exactly where they get their authority to cut funding to First Nation organizations, the ideology they are using, what their ultimate objective is, and who is benefitting (aka leading the charge). First off, INAC is focusing on what they call "self-sufficiency" which means First Nations that are self-funded. This is ironic, given that all Canadians are funded off the wealth and profits that come from our lands and resources. Were it not for our gas, oil, minerals, fishery, forestry, rivers, trade routes and lands, Canadians would not have such a high standard or living nor would government have the funds to pay for health, education and other services for Canadians. Taxpayers don't pay our way, we pay THEIR way and we are kept in starvation mode for it.

http://www.aadnc-aandc.gc.ca/eng/1346805886381/1346805926370

So, we know that their ultimate objective it to eventually cut all funding to First Nations and their political organizations and Canada will do this in a dramatic, albeit staged approach. No surprise here, we knew this was coming. The AFN has been woefully inactive on this front hoping the issue would simply go away. Well, it hasn't and it's here and we have to face it. INAC's ideology is also telling - they want to treat all First Nations the same. Regardless of what region, treaty area, territory or Nation we are from, INAC will fund everyone the same. INAC is back using the concept of treating us all as one mythic race of Indians and what is good for one is good for all.

We all know that northern communities are not in the same position as those in the south. The poverty levels vary across the country as do the housing crisis, flooding crisis, suicide crisis, water crisis, food insecurity crisis, and education, advocacy, and governance capacities. Mohawks have different laws, rules, cultures, languages and trade systems than do Mi'kmaq, Cree or Anishinabek. Some of us have treaties and others do not. There never was one race of "Indians" and to treat us like that in terms of funding ties our identities to federal laws, policies, recognition systems for one reason only - assimilation. In other words, they legislate who we are, who gets to be us and when we no longer exist. The funding cuts will just help this process along.

Provinces and territories ought to take notice as well. Look at how Canada purports to change the constitutional jurisdictional relationship in section 91(24) from "Indians and lands reserved for the Indians" to "only Indians that live on a reserve". For many communities, this will cut funding even more severely than can be seen in the announcement. First Nations will be assessed based solely on their on-reserve populations, which for many is about half their population. In other cases, some have 80% of their populations off-reserve, but are still responsible for them in a variety of ways. This is also no surprise as Canada has been trying to figure out how to deal with the inevitable court cases which find Indian status (registration) rules to be discriminatory. Their idea to reduce financial obligations is to slowly and quietly transition to an on-reserve population funding model versus a total band membership model.

In the announcement, INAC explains that future funding will be based on "our shared priorities". In case you are wondering where they got their shared priorities one need only refer back to the Crown-First Nations Gathering (CFNG) and the AFN-INAC Joint Action Plan which came out as a result. Harper was very clear in his speech that he would be getting rid of "incentives" (aka funding) and promoting "individuals" (aka breaking up reserves). The whole speech was designed to promote "integration" (aka assimilation). Harper said he would impose a suite of legislation and he is keeping his promises. There should be no shock about what is happening - the only issue is how we deal with it. In this case, the AFN opted to sign a Joint Action Plan, without the consent of the different regions in Canada to do exactly what Harper outlined.

http://indigenousnationhood.blogspot.ca/2012_02_01_archive.html

This is why INAC now says that they will limit funding to "shared priorities". Let's compare Harper's Speech at the CFNG with the AFN-INAC Joint Action Plan and INAC's Shared Funding Priorities:

CFNG Gathering Speech	INAC-AFN Joint Action Plan	Shared Funding Priorities
Treaty relationship	Meaningful dialogue on treaties	Consultation on resource development projects (omnibus bill to remove consultation, funding cuts to advisory services)
Change rules in education	National education panel to discuss legislation	Education (education legislation, funding cuts to organizations and for proposal-based program funding)
Change FN accountability	Accountability of FN governments	Governance (accountability legislation, elections legislation, funding cuts to governments, political organizations, advisory services)
Focus on economic development	Unlocking economic potential	Land management (reserve privatization legislation, funding cuts for advisory services, community plans)

Obviously, this is a very brief overview of several detailed documents and is meant in a very general way. Any policy or legal analysis of these documents would be much more sophisticated than can be reasonably presented in a blog (my blogs are already too long).

All this to say, that INAC wants First Nations to "seek out new funding sources". Easy for INAC to say because they have already taken 99.8% of our lands, most of our resources, and many of our people. What would these new funding sources look like? Well, one can imagine corporations like Enbridge and other pipelines, oil and gas companies, hydro companies, mining companies, nuclear or waste disposal companies and others would be a perfect fit.

Canada privatizes our reserves + First Nations need to provide food, water and housing to their citizens = sale of our remaining lands to Enbridge et al.

Just in case First Nations are unsure about how to proceed, they will no longer have funding for organizations to provide advisory services in the areas of economic development, financial management, community planning or governance. But that's ok, because there is a new National Chief in town, and his name is Manny Jules. Manny Jules and his national organizations will solve all Indian problems - you will have your choice of:

(1) Taxes

(a) First Nation Tax Commission (Manny Jules) imposing tax regimes on your reserve or
(b) Reserve lands becoming provincial lands subject to provincial taxation;

(2) Finances

(a) First Nations Financial Management Board (Harold Calla) manage your community's finances or
(b) Third party management by any number of high-priced financial consultants (except your own);

(3) Economic Development

(a) Aboriginal Economic Development Board (Clarence Louis) will advise INAC on how best to develop your reserve lands or
(b) INAC will unilaterally unlock your lands and then develop them for you;

(4) Reserve Lands

(a) First Nations Land Title Institute (Manny's proposed idea) will take over your reserve lands or
(b) Find alternate funding to support your First Nation when INAC cuts all funds;

(5) Governance

(a) Allow your First Nations to be subsumed under one National Aboriginal Organization or
(b) Have all of your political, advisory and governance funding cut by INAC.


These are the choices being presented to First Nations by Canada: assimilate or stay on the rez. It is a false choice of course, because there are so many more meaningful options which come from our traditional ways of governing, learning, trading, sustaining, and relating. The hardest choice of all will be deciding to do things differently, doing things our way, and making the necessary short-term sacrifices to ensure the long-term future for our children.

This is a sign of things to come - they will cut funding to First Nations even more. They will amend the constitution, they will breach and even try to extinguish our rights and they will do their best to assimilate us. We all own this - we all have a responsibility to make the changes we need. If we don't care enough about our families, communities and Nations to at least try - no one else will.

No one says it will be easy, in fact, I can guarantee it will be hard. We have a lot of work to do to gain back the faith and loyalty of our citizens and conversely, our citizens have work to do in supporting their Nations. We have a lot of issues to deal with internally, but that is our conversation to have amongst ourselves. The frustration of grass roots peoples with their leaders and organizations is very real and must be addressed. The frustration of leaders with Canada and the over-whelming task of trying to solve all the problems alone is also very real.

The issue which faces us is not a battle between traditional leaders and Indian Act leaders, between men and women, or between on and off-reserve. The colonizers have done a good job of dividing us, confusing us and aligning us along their own ideologies about class, status, and individualism. If we could forgive ourselves for being colonized and for struggling with decolonization and healing, then the space would open up to work on this problem.

We can let Canada's plan unfold or there is a place where our peoples can meet in the middle, start over, face the problems honestly and openly, and start the healing journey towards changing our communities for the better.

Harper's Indigenous Manifesto: Erasing Indigenous Peoples from Canada

Early Indian policy was designed to accomplish two main policy objectives: (1) acquire Indigenous lands and resources, and (2) reduce financial responsibility to Indigenous peoples. The primary way in which these two objectives were to be achieved was through the physical, legal, social and spiritual elimination of Indigenous peoples. I say "elimination" because that is the word which best describes government intentions. Most people today use the term "assimilation" but to my mind, this word is much too soft to describe the design and impact of government policies on Indigenous peoples in Canada.

To some readers, the term "elimination" may seem a little harsh, somewhat of an exaggeration, or perhaps rhetoric blown out of proportion which forgets the good intentions governments, churches and traders had for Indigenous peoples. I beg to differ - not because I fall into any externally imposed category of left-wing, liberal, radical or "nutbar". I beg to differ because the facts - the brutal, uncomfortable facts tell us a much different story. My biggest concern is not that the colonization project devastated Indigenous peoples, because the historical record clearly shows it did; it is that the colonization and devastation of Indigenous peoples continues, albeit couched in softer terminology.

Today, the few history books that have been amended to include mention of Indigenous peoples speak of the tragic loss of Indigenous cultures over time. They speak of this "loss" as a romantic part of our history where the strong, noble Indian chief on his horse looks across the horizon and realizes that the ways of his people are fading away with the coming of European trains, traders and technologies. This sort of representation may even invoke feelings of melancholy in Canadians who long for the simplicity of the old days. But it belies the truth about Canada and its direct and intentional "obliteration" of Indigenous peoples, cultures and territories.

If the term "elimination" does not make some readers uncomfortable, surely the term "obliteration" will. The purposeful destruction of a people implies the kind of ill-intent, even malice upon which a country like Canada could surely never have been built? Terms like those imply that perhaps what happened to Indigenous peoples was not simply "progress", "civilization" or a "good policy gone wrong" - no, this falls in the realm of a word that usually upsets the majority of readers: genocide.

Many people do not understand the legal definition of genocide, nor are they aware of how genocide is considered internationally. Many are of the misunderstanding that genocide is the mass murder of millions of people all in one shot - something akin to the holocaust. In fact, genocide is defined in the United Nations Convention on Genocide as follows:

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

• (a) Killing members of the group;
• (b) Causing serious bodily or mental harm to members of the group;
• (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
• (d) Imposing measures intended to prevent births within the group;
• (e) Forcibly transferring children of the group to another group.

That is the definition. In Canada and the United States, settler governments have committed genocide against Indigenous peoples, not under just one category, but under every single category noted above. We all know it, but the reality stands in such stark contrast to the mythology created by government about what Canada stands for, that many people resort to denial. Indigenous peoples who have raised the subject have been referred to as "nutbars", "whackos", "conspiracy theorists", "radicals" and "terrorists".

The issue of genocide is radical - not because it is not true, but because it stands so far outside the realm of humanity and human rights that the tendency is to save the term for only the most obvious, horrific, well-known instances of genocide committed in places far away from Canada.

http://rabble.ca/blogs/bloggers/pamela-palmater/2011/11/unbelievable-undeniable-genocide-canada

The term genocide is usually saved for instances where the victims are considered to be humans - and Indigenous peoples have long been characterized as non-humans for centuries. Aside from the historical depictions of Indigenous peoples as "savages", "heathens" or "pagans", they have also been treated by governments as "dangerous and sub-human". The myth of Indigenous peoples being sub-human allowed governments to steal Indigenous lands under the legal fiction of "terra nullius" (lands belonging to no one). They knew better of course, but it allowed them to justify not only the theft of lands from Indigenous peoples, but the brutal acts of genocide which were committed upon them.

The fact that early governments sent small-pox infested blankets to Indigenous communities knowing it would nearly wipe them all out, is a historical fact. These were not the actions of a few bad apples, or something that happened in the stone age. This has been acknowledged as modern "biological warfare" by publications in the Journal of the American Medical Association. The scalping laws in Nova Scotia were deliberate acts of murder which decimated the Mi'kmaw Nation population by almost 80%. The forced surgical sterilization of Indigenous women against their will, and often without their knowledge or consent, destroyed Indigenous peoples in a very physical way.

The government and church-run residential schools knowingly created conditions that led to the mass deaths of the Indigenous children who attended - upwards of 40% never made it out alive. Incredibly, not only did government officials know that Indigenous children were dying and even "acknowledged" the high rates of deaths and their causes, but this was part of the overall objective:

"But this alone does not justify a change in the policy of this Department, which is geared towards the final solution of our Indian problem." (SI Indian Affairs, Duncan Campbell Scott)

Why do I bring all this uncomfortableness up in my blog? Why am I asking readers to face the brutal reality that is Canada? It is because genocidal acts against Indigenous peoples continue to this day, hidden in government policies which purport to be in the best interests of Indigenous peoples. It is because every government (Libs and Cons) has had a hand in continuing the situation, but mostly because this Harper government has ramped up efforts to eliminate Indigenous peoples. In my opinion, the Harper Indigenous Manifesto is about erasing Indigenous peoples from Canada socially, culturally, legally and physically.

What used to be forced sterilizations to prevent child births and control Indigenous populations is now pre-mature deaths from the extreme poverty directly linked to chronic, purposeful under-funding, over-prescription of addictive drugs, and lack of housing, water and sanitation.

What used to be residential schools became the 60's scoop and is now child and family services removing our children from our communities at alarming rates.

What used to be European/western education forced on our children through residential schools, is now the provincial school systems, which for the most part, teach the same western ideologies, histories, sciences and politics to our children and specifically exclude our traditional Indigenous knowledges, languages and cultures.

What used to be scalping laws, are now starlight tours, murdered and missing Indigenous women by the hundreds, and quelling land claims with brute military and police force.

What used to be laws against Indigenous peoples leaving their reserves are now laws which take away rights when one leaves the reserve (taxes, governance, jurisdiction, trade, identity).

What used to be laws against Indigenous peoples gathering in one place is now CSIS, RCMP, DND and INAC putting us on terrorist watch lists, monitoring our movements, and over-incarcerating our men, women and youth at increasing rates.

What used to be laws against Indigenous peoples hiring lawyers to advocate on their behalf, are now devasting funding cuts to local, regional and provincial First Nation political organizations. All coming at a time when Harper wants chaos, confusion, and lack of political capacity to ensure there is little resistance to his comprehensive Indian Act-based legislative agenda.

He hopes to strike fear and confusion in chiefs so that they don't know whether to stay quiet and hope it doesn't get worse, or take action. Either way, funding cuts will be imposed on local First Nations as well. This is not about whether regional political organizations are doing a good job or not - this is about Harper fulfilling the original intentions of Indian policy (1) accessing Indigenous lands and resources and (2) reducing financial obligations to Indigenous peoples. He just happens to see striking at political organizations as the best way to isolate individual First Nations, already overwhelmed with issues, so they are easier to bully into submission.

The Assembly of First Nations (AFN) either does not have the capacity or inclination to take these issues on. Regardless of the reasons, it is clear that local community members are going to be looking to their local First Nation governments to take action. In the same vein, First Nation leaders will be looking for assistance from their treaty, regional and provincial organizations. The days of waiting for the AFN to do something are over. If these funding cuts are ok, so will be the ones that come to individual First Nations, then will come the eventual constitutional changes, the accelerated extinguishment of Aboriginal and treaty rights, and the division and sale of the rest of our lands.

If Canadians think that this does not concern them - they should think again. As your "Canada" slowly becomes a dictatorship led by a rogue Prime Minister who is obsessed with power, Canadian laws, rules, and regulations are breached with impunity. Everything from elections, ethics, budgets, and legislation are manipulated without regard for the rule of law. The damage done by these renegade Conservatives is already so severe that analysts feel it will take years to undo the harm.

In standing beside Indigenous peoples to oppose these destructive policies, Canadians would be living up to the spirit and intent of the treaties and, in so doing, protecting their own futures. Economic reports have already shown that the costs of maintaining Indigenous peoples in poverty is higher than the solutions. Those same studies show that the costs of delaying the resolution of land claims and treaty implemention for example, are higher than if those claims were resolved equitably. Even the most basic math shows that it costs more to keep an Indigenous person in a federal prison for one year ($100,000) than it does to pay for a 4-year university degree ($60,000).

If you think for a minute that once Harper is done erasing Indigenous peoples, that he won't come after women, children, the impoverished, the remaining pristine environmental areas, water basins and sanctuaries all in the name of wealth and power, think again. There is no room for justice, diversity or freedom in a dictator's view of the world.

We are all compelled to act. Our reasons do not have to be the same. I can be a Mi'kmaw citizen and someone else can be a Canadian citizen, but still have a mutual interest in protecting the environment. Whether someone votes in federal and provincial elections, or like me, does not vote in elections - we all still share the desire to protect our waterways. One can be Maliseet and someone else French, but still feel it important protect our cultures for future generations.

I have no intention of letting Harper erase me, my family, my home community or Mi'kmaw Nation. Let's put our heads together about a plan of action.

Extra sources:

http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

http://www.oba.org/en/pdf/sec_news_sept11_c3_palm.pdf

http://lawandstyle.ca/opinion_first_nations_fiasco/

http://fusemagazine.org/2012/07/35-3_palmate