Willing Partner or Jail?: Budget 2014 and the Elimination of First Nation Treaty Rights, Resources and Trade

Harper has released the Conservative government’s federal budget for 2014 and one might think we were transported back in time to 1814. Promises of federally-controlled schools for Indians and trained, cheap labour for the extractive industry are the highlights of this budget. Instead of providing funds to address the socio-economic crises that exist on many First Nations, or implementing Aboriginal, treaty and inherent rights, Harper has offered more beads and trinkets – except these beads are more like bombs. Harper is poised to eliminate our rights in the name of national security.

http://actionplan.gc.ca/sites/default/files/pdfs/budget2014-eng.pdf

A closer inspection of the budget “promises” reveals very real threats to First Nations treaty rights, natural resources and their right to trade. All of this for the alleged “benefit of Canadians”, but it won't be Canadians who benefit - it will be large corporate enterprises which hoard their profits. In the US alone, corporations are sitting on trillions in cash - not benefiting anyone but their CEOs. Harper's economic plan doesn't just hurt First Nations - it also hurts Canadians.

http://www.economicpopulist.org/content/corporations-hoard-cash-while-americans-go-without-job-5508

In a strategically-designed media event, National Chief of the Assembly of First Nations (AFN) Shawn Atleo together with Prime Minister Harper and Aboriginal Affairs and Northern Development Canada (AANDC) Minister Bernard Valcourt announced that legislation to totally revamp education in First Nations would be imposed by Canada after all – despite the resistance by the majority of Chiefs and First Nations citizens in Canada.

http://www.indigenousnationhood.blogspot.ca/2014/02/first-nation-control-of-first-nation.html

Amidst much secrecy and blue-dot identification systems to exclude “bad Indians”, Atleo and Harper ran roughshod over the treaty right to education. Despite Atleo's words that AFN is not a treaty organization and that he cannot negotiate treaty rights - he has done just that. Harper, with the help of Atleo, is trying to lure First Nations into trading their treaty right to education for a legislated program – subject to government whims and budgets.

http://www.afn.ca/uploads/files/14-02-14_nc_bulletin_fn_education_announcement_and_budget_2014_fe.pdf

Their joint announcement on First Nation Control of First Nation Education Act as the “answer” to the education crisis in First Nations is an illusion. Despite the build-up and announcement day fanfare, there was nothing substantive put on the table for First Nation education this year except more paternalistic federal legislation. It must be remembered that this legislation is an old promise that has been announced and re-announced many times over in major Conservative speeches. The rest of Atleo-Harper's announcement amounted to a promise of future monies which are supposed to flow AFTER Harper’s term of office. Kelowna has shown us how empty “future monies” are to First Nations.

http://www.oktlaw.com/blog/behind-the-numbers-harper39s-new-funding-of-the-first-nations-education-act/

Not only is this elusive, top-secret, federally-controlled legislation nothing new – but it is also being used as the primary trinket in other sections of the budget. For example, under the Education section, First Nations are promised First Nation education legislation. Under Jobs, they are promised First Nation education legislation. Under Skills Training, they are promised First Nation education legislation. So, once again First Nations really don’t get anything out the federal budget 2014 despite the fact that it’s our lands and resources that subsidize the many other budgetary promises.

The Conservative Budget 2014 reveals that the only promises we can take to bank are those which reinforce the federal blockade against First Nation treaties, resources and trading rights. Make no mistake, Harper’s veiled threats in his Speech from the Throne are also being implemented in his Budget 2014. Harper, with the help of “willing partners” like Atleo, are asking First Nations to voluntarily give up their rights in exchange for money. The problem here is that this is like asking a single mom living on social assistance if she wants food for her children. Of course she needs food for her children, but that doesn't mean she should be bullied into giving up her rights. Many of our communities are under duress to accept these take-it or leave-it offers. With no money to fight in court and no courts where we can get an unbiased decision, this leaves very few options for First Nations to protect their rights.

http://indigenousnationhood.blogspot.ca/2013/10/conservative-throne-speech-2013-more.html

There is incredible economic pressure put on First Nations to assimilate, integrate and otherwise surrender their rights. The budget indicates that Conservatives will provide $166 million over two years to help strengthen First Nation fishing enterprises, which sounds promising – until you read further. The money is allocated for the Atlantic and Pacific commercial fisheries – however, the funds are to be used to “integrate First Nation fishing enterprises into existing commercial fisheries”. First Nations have Aboriginal, treaty, and inherent rights to trade in fish – these rights are constitutionally and internationally protected. Canadians do NOT have a constitutional right to fish and trade in fish. What he is saying is that millions will be put into forcing First Nations to give up their rights or give up their means of subsistence. This is not voluntary – it’s coercive.

We should not be surprised given that this comes from a government whose members have advocated against what they call “race-based” fishing rights.

http://www.dominionpaper.ca/articles/3642

This underlying threat against First Nations rights appears throughout the budget and especially in relation to natural resources. The Harper government promises to “ensure” the extraction of natural resources and, as promised in his Throne from the Speech, he will “protect” these resources by beefing up protective infrastructure around them – including roads, bridges, and the means to protect this infrastructure. This is why you see billions invested in “energy infrastructure development” as well as money for law enforcement.

Similarly, our Indigenous right to trade is also being attacked despite the many thousands of years of trading activities amongst our Indigenous Nations. For centuries, we have defended and protected our territories and trading routes. While the colonial governments erected barriers to the free flow of trade between Indigenous Nations - like the Canada-US border, the Jay Treaty promised that we would not be molested in our traditional travel and trade activities. Similarly, nation-based territories span multiple provincial borders and our sovereignty, rights and laws have never been superseded by provincial laws.

Our trading and business activities have long been a part of our traditional economies - but Harper wants absolute control over our economies. Self-sufficient Nations don't mix with Harper's ideal of assimilated Indians and surrendered resources.

Harper is now trying to force us give up our trading and business activities and surrender it to the federal and provincial governments under the guise of law and order. Canada has had a long history of criminalizing our traditional activities like hunting, fishing, and even travelling off-reserve to engage in trade. This continues today where the majority of court cases defending our Aboriginal and treaty rights are within the context of criminal or regulatory offences.

In Budget 2014, Harper is pre-empting our rights and making some of our trade and business illegal. He is targeting online casinos and making them subject to terrorism legislation - knowing that outside of the provinces, it's only First Nations that are venturing into online casinos. Similarly, he is taking one of our most lucrative traditional activities – the growing, manufacture and trade in tobacco - and eliminating First Nations trade as an “anti-terrorism” and “anti-contraband” measure. The only exceptions, if any, will be through tightly-controlled federal or provincial restrictions. Harper's federal blockade preventing us from accessing our own resources is getting stronger - chipping away at our future self-sufficiency.

So, just to be clear – Budget 2014 promises that if we agree to give up our Aboriginal, treaty and inherent rights to the $650 billion dollars (over the next 10 years) in natural resources that we own, Harper will give us some skills training for some low-level labour jobs with the extractive industry. That is why so many "employers" were present at the Atleo-Harper education announcement. As Harper continues to cut funding to First Nations and blockade them from their own resources, he hopes to make First Nations reliant on large corporations for hand-outs.

Harper may feign innocence and claim that he is not forcing us to do anything and that all of these promises are for “willing partners” - but the definition of willing is without duress. Yet in Harper's world, willing partners are those who want to eat, drink clean water, have an education and want to stay out of jail.

Willing partner or jail… willing partner or jail… willing partner or jail. What would you choose?

First Nations are already over-incarcerated and we know where this Budget 2014 path is heading. If we don’t act soon, it won't just be First Nations who fill the shiny new prisons - Canadians are also lose the rest of their democratic rights and freedoms. How much more will Canadians take - from CSEC spying on all our cell communications in airports, CSIS and RCMP using terrorism to spy on social workers and teachers, to changes to the elections act to ensure we can never get rid of the Conservatives. We all need fresh air, clean water and farmable lands to live - Canadian or First Nation. We can't eat gold or nuclear waste.

It’s time we got real about Harper’s intentions and helped First Nations defend their rights. This could be Canadians’ last best chance to protect their own children from a life sentence in one of Harper’s jails for the crime of subsistence and protecting our lands and waters.

The Emperor's New Clothes: First Nation CONTROL of First Nation Education Act?

Today Prime Minister Stephen Harper, Minister of Aboriginal Affairs and Northern Development Canada (AANDC) Bernard Valcourt and National Chief of the Assembly of First Nations (AFN) Shawn Atleo announced “re-tooled” education legislation. It should be pointed out that despite all the hype leading up to this announcement, there is no actual legislation to scrutinize. So, what did First Nations get from this announcement?

http://www.pm.gc.ca/eng/news/2014/02/07/first-nations-control-first-nations-education-act

The Prime Minister explained that this legislation is an agreement between Shawn Atleo of the AFN and Harper’s government. For Harper, this is about filling the labour shortage with Canada’s fastest growing population – First Nations - not about addressing socio-economic conditions imposed on First Nations through Canada’s archaic funding formulas which purposefully and chronically under-fund First Nations in comparison to provincial residents.

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

He also referenced the many employers who sat in the audience ready to hire and train high school students. We all know from past announcements this means hiring First Nations to be the pick and shovel labourers for mining companies and other extractive industries. This is about creating a new kind of dependence for First Nations - dependence on labour jobs from extractive industries to undermine attempts by their leaders to defend their territories and the resources on them.

Minister Valcourt also stated that they are looking at this legislation through an “economic lens” and not a treaty or inherent right lens. Therefore, the inherent right to be self-determining and exercise our own jurisdiction over education does not play into this legislation. He reconfirmed that Atleo was instrumental in the agreement which will ensure “stable and predictable oversight” by the federal government. He further noted that this legislation is about “Canada”. The Conservative government is not hiding their intentions here: it is assimilation into the body politic as they have stated over and over again.

During the brief question period, Harper confirmed that the legislation was about the deal he struck with Atleo – uniform standards, curriculum and accountability. Atleo didn’t really say much of anything to add to the announcement. It looked more like a political endorsement of the Harper Government for their 2015 election than anything else.

One lone woman stood up and stated that AFN and Harper did not consult with all First Nations and that she stood as a Treaty 6 person in objection to the legislation. The protestors on the ground were not permitted inside, so we could not hear their voices.

Here’s a quick look at today’s “promises”:

(1) There will be legislation, with a new name, but not shared today;

(2) The regulations will be drafted later;

(3) The focus of the legislation will be on provincial training, provincial rules, provincial certification, provincial curriculum and provincial standards (emphasis on provincial);

(4) The legislation will impose “transparency and accountability” on First Nations as opposed to give First Nations any real control;

(5) There will be funding, but not until 2015 and/or 2016 (after Harper’s term);

(6) The funding will not be based on need or in line with the treaty right to education. Instead, an “elevator” (a.k.a. “cap”) will be placed at 4.5%; and

(7) There is nothing to address the funding crisis in First Nation post-secondary education.

It should be noted that nowhere in the announcement was there any description of whether this funding was “new funding” in addition to the current core funding; whether it is re-purposed monies from education or other programs that have been cut; or how this funding will be accessed by “non-willing partners” – i.e., those First Nations who reject the legislation.

This appears to be more about deflecting the nasty publicity around the increasing litigation and human rights claims being brought by First Nations in relation to discriminatory funding in areas like education, housing and child and family services. The future funding promised after Harper’s term could evaporate as easily as the Kelowna Accord did when the Liberal term ended. A promise about future money, doesn’t educate First Nations kids now.

None of it is really new. This announcement is just re-packaging of old promises that have taken years to come to fruition:

(1) Election platform – promised adult education and skills training (note announcement yesterday on skills);

(2) AFN-Harper Joint Action Plan – promised national panel on education

(3) Crown-First Nation Gathering – promised national panel

Then came the national panel to which AFN agreed, despite the objections of about half the First Nations in Canada. Saskatchewan, Ontario and Quebec pulled out of the national panel process and submitted their own reports in an unprecedented protest against AFN’s unilateral actions.

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

This was followed by numerous AFN resolutions from the Chiefs in Assembly telling Atleo NOT to talk education legislation with Harper. And most will not forget Idle No More’s rallying cry against the suite of legislation intended to be imposed on First Nations. AFN heard them and proceeded anyway. Atleo said he “respected their views” and proceeded anyway. This led to a large number of First Nations wanting to pull out of the AFN and set up their Treaty Alliance to protect their treaties. All this and Atleo still forges this deal with Harper.

The promise of future funding is being used as a carrot to gain support for legislation that has not even been shared with First Nations yet. They are hoping that we are desperate enough to support this plan before we can see the army inside the Trojan Horse.

This is really about tricking First Nations into voluntarily turning their treaty right to fully-funded education into a program privilege that is subject to federal legislation, control and budgets. Even without treaties, First Nations have internationally protected rights to be self-determining, they have specific jurisdiction over their own education and a right to funded education.

This proposed legislation is meant to strike down any attempts at litigation against discriminatory funding – which they likely wish they could do with Cindy Blackstock’s case against discriminatory funding in Child and Family Services.

This is just another delay tactic. While we sit in meetings, the natural resources are removed from our territories. While we negotiate announcements, Justice Canada drafts the details of our surrender.

Had the Emperor actually looked at what his tailor had sewn for him, he’d have realized that he wasn’t wearing any clothes, despite the fact that people he trusted told him how wonderful he looked.

It’s always our choice. We can choose to say no. Canada does not need legislation to properly fund education. Remember what was promised today: nothing. But we stand to lose a great deal in supporting this legislation.

Recognize First Nation jurisdiction over education.

Implement the treaty right to education.

Properly fund First Nation education.

Say no to FNCFNEA.

Harper's "Cons" and FNEA: Would You Want These People Running Your Schools?

                                                      (picture from Two-Row Times)
They say absolute power corrupts one absolutely, but this saying would not even begin to describe this Conservative government under Prime Minister Stephen Harper’s leadership. There has never been a more dictatorial, aggressive, scandal-laden government than Harper’s “Cons”. “Cons” is a fitting nickname for this ruling Conservative party given the countless scandals since they have come to power.

Harper’s control over his own party, together with his party’s majority power in the House and Senate has made him so arrogant that he appears unconcerned about the extreme excesses of his “people”. His over-confidence is apparent in his bullying tactics within the party ranks and in his dictatorial governance style. He wields his majority power like an iron sword through the hearts and minds of Canadians. He acts as though he is untouchable and has such control over his own people that they will fall on their swords before implicate Harper. Now, this government wants to control the fate of First Nations children in their new First Nations Education Act. This is a scary thought.

 

http://www.indigenousnationhood.blogspot.ca/2013/10/defer-deflect-deny-destroy-harpers.html

As with all false leaders, Harper’s arrogance is testament to his weakness - he is all puffery and no substance. If his front line is as weak as the media reports it is, then there will be very little loyalty left to support Harper when the pressure hits. We have an opportunity to put the pressure on. How much more fraud, sexual assault, theft, and lying will Canadians stand? Canadians have the power to unseat this dictator and reset Canada on a path which ensures health, prosperity and the good life – however we choose to define that for ourselves – for all our future generations.

How many more scandals will it take? More importantly, should they be passing legislation dealing with the lives of First Nation children when they can’t seem to even act within the law? If these “leaders” of the Conservative party are any example, I wouldn’t want them anywhere near my children or making decisions on their behalf. These people are scary and not the kind of role models we want for our children.

MAXIME BERNIER may be long forgotten, but he was the Minister of Foreign Affairs who was forced to resign from Cabinet after leaving classified documents in the possession of his biker-gang-friendly girlfriend posing a possible risk to national security.

  http://www.cbc.ca/news/canada/maxime-bernier-timeline-1.701000

BEV ODA was the Minister of International Cooperation who was also forced to step down due to a funding scandal which had her denying and then admitting that she directed staff to alter documents. She was later found to have used public monies to fund her lavish over-seas trips staying in posh hotels and hiring expensive drivers all while sipping $16 orange juice.

http://www.huffingtonpost.ca/2012/07/03/bed-oda-quits-international-minister-mp_n_1646699.html

PETER MCKAY, the Minister of Defense was also a big-spender with public monies. From a $3k seafood show, $5k Grey Cup game to a $16k helicopter ride for his personal fishing vacation – McKay defended himself by threatening to sue the people bringing these allegations. However, it was reported that government documents showed that even military officials tried to warn McKay over the helicopter ride.

http://www.huffingtonpost.ca/2011/12/16/peter-mackay-spending-scandal-grey-cup_n_1153532.html

VIC TOEWS who stepped down as Public Safety Minister, was embroiled in several political and personal scandals including a conviction for election violations and a divorce reportedly brought on by an affair with a political staffer that resulted in a child. He was also criticized for implying that environmentalists and First Nations peoples were terrorists.

http://www.huffingtonpost.ca/news/vic-toews-divorce/

The list seems to just go on and on. Then you have the fringe element who shock normal Canadians with their racism, bizarre opinions and allegedly illegal activities like:

-        Former Minister of Indian Affairs, John Duncan who was opposed to “race-based rights” like the Aboriginal and treaty rights protected in Canada’s constitution;

-        Current Minister of Indian Affairs, Bernard Valcourt whose scandals are infamous in New Brunswick (where he was forced to resign as Cabinet minister due to drunk driving), but are apparently forgotten in Ottawa;

-        Tom Flanagan, well-known Conservative and PM advisor, Indian-hater and reportedly supports child porn; http://www.thestar.com/news/canada/2013/02/28/former_adviser_to_harper_tom_flanagan_ok_with_viewing_child_porn.html

 

-        Conservative Senator Pamela Wallin who, along with Senators Mike Duffy and Patrick Brazeau, was suspended from Parliament. Wallin recently had her documents seized and is now being investigated by the RCMP for filing improper expense claims;

-        Senator Brazeau is a case unto himself. Aside from bizarre late night rants on Twitter; trying to double dip salaries as President of the Congress of Aboriginal Peoples and Senator; never showing up for work as Senator; media reports of him not paying child support; formal charges laid in senate expense scandal; and then his charges for both assault and sexual assault nearly take the cake for Harper's Conservatives; but now

-        The Prime Minister’s band mate, drummer Phillip Nolan has been suspended from work as a teacher and charged with sexual assaults on children.  http://news.nationalpost.com/2014/02/06/stephen-harpers-drummer-an-ottawa-teacher-  arrested-for-sexual-assaults-on-a-minor/

If you were a First Nation whose band members had suffered through the rapes, torture, medical experimentation and abuse that occurred in residential schools, would you want the Canadian government running your schools again?

If you were a First Nation and the Conservative government was telling you that your choice was status quo under-funded schools, or extra funding under the condition of federal legislative control, would you feel safe sending your kids to those schools?

If you were a First Nation and Harper was standing beside you in a headdress saying "Trust me" - would you?

The last thing we need is for a federal party, who acts without accountability or any moral compass going anywhere near our kids. We are already suffering the inter-generational impacts of residential schools – we don’t need to hurt our future generations too.

Say No to FNEA.

Stay away from our children.

Recognize First Nation control over their own education systems; and

Properly fund these systems.

We have treaty rights and internationally protected rights to fully-funded education.

 It’s time Canada lived up to its obligations.

Oh Canada! Your Home's on Mi'kmaw Land

O Canada!

Your homes on Mi’kmaw land

True genocidal drive

By all your Queen’s command

With greedy hearts

You watched us die

Our strong Nation divided and poor

All for money and power, O Canada

We stand on guard against thee

Our land is not your commodity for fee

O Canada! We stand on guard against thee

O Canada, our Nation is still here;

O Canada! We stand on guard against thee

O Canada! Our Mi’kmaw Nation sovereign and free.

 

 

1725-26 – Peace and friendship treaties signed with Mi’kmaw to stop hostilities on all sides and protect hunting, fishing, fowling;

1752 – Treaty with Mi’kmaw confirming hunting and fishing rights;

1756 – Proclamation offering bounty for Mi’kmaw scalps;

1760-61 – Treaty with Mi’kmaw protecting hunting, fishing and trading rights (no surrender of land or sovereignty);

1971 – Donald Marshall Jr (Mi’kmaw) wrongly convicted of murder, Halifax, NS;

1981 – Police assault and arrest Mi’kmaw for exercising fishing rights in Restigouche, QC;

1998 – RCMP called in against Mi’kmaw for exercising timber rights in Listuguj, QC;

1999-01 – RCMP & DFO ram fishing boats of Mi’kmaw for exercising court-proven treaty rights in Esgenoopetij, NB;

2013 – Army of RCMP assault and arrest peaceful Mi’kmaw protecting lands from hydro-fracking in Elsipogtog, NB;

2013 – RCMP flank hydro-fracking trucks to protect them against peaceful Mi’kmaw land protectors in Elsipogtog, NB;

2014?

 

 

RCMP Assistance Needed! Pinaymootang "suffers" as Canada acts "outside legal framework"

The Harper Government has been in constant damage control mode since being elected. It has literally been one scandal after another whether you are talking about finances, Ministers or Senators. At every turn, Harper’s dictatorial governance style and tight grip on his bureaucrats has failed to keep scandal from his doorstep – which speaks volumes about Harper himself.

Never have we seen as many omnibus bills drafted so large that they effectively thwart the democratic legislative process. Nor have we seen as many sessions of Parliament being prorogued every time Harper needs to hide from another scandal. The level of hypocrisy within the Harper government has also reached epic proportions.

 

On the First Nation front, Harper has not fared much better. He has single-handedly fostered one of the worst relationships with First Nations in history. From the failed Crown-First Nations Gathering which was supposed to “reset” the relationship, to the disastrous winter of Idle No More where Harper ran roughshod over both the Chiefs and the grassroots people who were demanding consultation on his legislative agenda, Harper has shown his gross incompetence as a Prime Minister. This incompetence has led to a complete breakdown in the relationship which leaves little room for negotiating tough issues. He has also lost all touch with reality when he and his Ministers assumed that the spirit of Idle No More fizzled out, as the protests all over the country in solidarity with Elsipogtog, demonstrated.

Instead of coming to the table in good faith and trying to fix the mess that he has created and offer something of substance to address the injustices faced by First Nations, he continues to forge ahead with his assimilation agenda against the trends of most modern countries, international law and Canada’s own laws. Harper acts much like some unstable leaders throughout history, who, to their detriment, fixated on their own radical beliefs about a certain group or Nation and did everything in their power to control, dominate and/or eliminate them. It is time that the Governor-General removed Harper as Prime Minister before he does any more damage to Canadians, First Nations or other countries with his unconstitutional and dangerous actions.

It is the height of hypocrisy for Harper to focus so much on First Nation accountability or alleged lack thereof given the mess he has made of his own government. He and his Ministers are acting without any fact-based evidence to support the alleged need to control First Nations governments more than they already controlled under the Indian Act and Canada’s oppressive laws and policies. Despite what some individual, uninformed, racist media commentators might pontificate about First Nations, the current situation in many First Nations is the uncomfortable result of Canada’s horrific genocidal policies and its ongoing paternalistic control and interference with First Nations at every level. The current trend of Indian and Northern Affairs Canada’s (INAC’s) interfering with First Nations governance as a means of political bullying is a little known reality for First Nation leaders.

Take for example, the Algonquins of Barriere Lake. This community had a custom election code where they chose their leaders according to their own traditions. The INAC Minister had no say over how they chose their leaders, as they were outside of the Indian Act rules regarding elections. Yet, this fact did not stop the Minister from illegally removing the Chief and Council as leaders of their First Nation, when the community engaged in extended protests to keep outside companies from extracting resources from their territory. Although Canada proceeded to hold an Indian Act election, the Chief who was elected resigned in protest over Canada’s paternalistic control over their people. Canada’s political interference with the internal governance of First Nations appears to be an attempt to bully First Nations into giving up their sovereignty and jurisdiction over their lands and resources.

http://www.youtube.com/watch?v=2SE0RLp79cQ

One need only look at the example of Chief Theresa Spence, who, on behalf of Attawapiskat First Nation in Ontario, declared a state of emergency because of the lack of housing, to see an example of political deflection. The Red Cross came in to Attawapiskat to provide emergency relief, despite Canada’s legislative mandate to improve the social and economic well-being of First Nations. Instead of assisting, Harper vilified Chief Spence in Parliament with unfounded allegations about financial mismanagement and placed her under Third Party Management. It didn’t take a court long to see that not only was there no financial mismanagement, but also that Canada had acted illegally by putting Chief Spence in Third Party. This was clearly a diversionary tactic by Harper to deflect attention away from Canada’s neglect of First Nations, its failure to live up to its mandate, the gross violation of Aboriginal, treaty and human rights and its own government's scandals.

More recently, INAC decided to intervene in Pinaymootang First Nation in Manitoba and illegally oust the leadership. This received almost no media attention, but it is a stark reality faced by many First Nation leaders who consistently have to weigh their advocacy actions and governance decisions against the very real prospect of INAC’s heavy hand. If Chiefs do not act like “willing partners” with Harper’s government, they risk being thrown out of office.

In Pinaymootang, the Chief and several councillors were removed from office – a very aggressive, heavy-handed move on the part of INAC. The timing of the removal was also suspect given that Pinaymootang was in the process of resolving outstanding flooding claims – a significant crisis issue that remains outstanding in many other Manitoba First Nations as well. Their illegal removal was further suspect given the First Nation’s upcoming elections. The following chronology reveals some disturbing facts about Canada’s abuse of power:

Summer 2011 – Significant man-made flooding by the province of Manitoba to protect Winnipeg residents devastates First Nation communities;

October 21, 2011 – Chief Woodhouse is re-elected with the his councillors;

October 2011 – onward– Chief Woodhouse aggressively pursues flooding assistance for his community members;

November 30, 2011- An appeal of the election is submitted to Indian Affairs by a band member who had been fired from the band;

December 13, 2011- Chief Woodhouse receives notice of the appeal, but INAC refuses to provide the details of the allegations despite requests by Chief’s lawyer for same;

July 17, 2013 – INAC Minister Valcourt makes an order as per section 78 (2)(b)(iii) of the Indian Act that the positions of Chief and several councillors were vacant;

-        an order per section 78.(3) that the applicants be ineligible to run in an election for a period of two years; and

-        A Third Party Manager is put in place to control the community’s finances;

August 30, 2013 – Chief Woodhouse obtains in interim order which reinstates he and his councillors back to office;

October 21, 2013 – A federal court judge orders that the Minister’s decisions be set aside;

October 25, 2013 – Chief Woodhouse is re-elected.

To date, no RCMP charges have ever been laid against the Chief for any criminal activities in relation to the election. The timeline also shows that it took INAC almost two years to remove the Chief and several councillors from office.

In the injunction hearing, the Federal Court judge remarked that Chief Woodhouse had been Chief since 1999 and that he and his councillors:

“They have not been accused of, or found to have committed, any corrupt practice while in office. The evidence before me reveals that they have served their community long and well and enjoy community support and approval in their administrative and governance goals.”

 The judge went on to explain that the community was “suffering” as a result of INAC’s imposition of a Third Party Manager, as important negotiations in a class action claim against Canada and Manitoba had been halted as a result. In addition, for the seven weeks until the election, the cost of the Third Party Manager would be over $64,000 (a cost the band would have to pay) – for a manager who could not address the important issues being faced by the community. As a result, the judge granted the injunction to the band and restored them to office.

The subsequent decision of the Federal Court in the main action for a judicial review confirmed that the Minister did not act within the legal framework when he removed the Chief from office and further, he had no authority to bar them from running in a future election as they had never been found guilty of a corrupt practice.

“Therefore, I must conclude that the Minister’s decision was out of keeping with the legal framework governing his role under the Indian Act.”

In other words, the Minister, like in Attawapiskat, acted illegally. While the frenzy over the Brazeau, Wallin and Duffy Senate scandal is dominating the media, we can’t let Harper’s multiple scandals over-shadow the very real scandals happening in the INAC Minister’s office every day. This is not the first time INAC has abused its power, nor will it be the last.

Chief Sock of Elsipogtog felt the full force of Harper’s new militant resource development agenda and should be prepared for the vilification that usually follows Indigenous resistance to ongoing oppression and theft of our lands and resources. In all likelihood, Chief Sock will be accused of some sort of mismanagement; subjected to Third Party; or a random “investigation”. Other Chiefs standing up to protect their lands and resources, like Chief Arlen Dumas of Mathias Colomb Cree Nation, should also be prepared for attacks on their credibility or governance.  INAC works behind the scenes, often with political opponents of First Nations leaders, to vilify Chiefs to further Canada’s own agenda – which includes the surrender of our lands and resources and the imposition of assimilatory legislation.

It’s time this abusive power was exposed and that the federal government be held to account. In my opinion, Harper should be placed in Third Party Management by a manager of our choice until we decide whether or not we want him removed by the Governor-General for acting outside the law. I think there is more than enough evidence for an order pursuant to Cree, Mi’kmaw, Ojibway or Anishinabek law to enforce this.

Given that ours laws are as valid as Canada’s and protected in the Constitution Act 1982, I request 200 RCMP officers, in full camouflage, with their dogs, snipers and armoured personnel carriers to escort us while we serve these orders or removal on the Prime Minister. Let us know when you guys have the troops ready to go.

Feathers verus Guns: The Throne Speech and Canada's War with the Mi’kmaw Nation at Elsipogtog

*As I write this blog, Canada is at war with the Mi’kmaw Nation - again – this time in Elsipogtog (Big Cove First Nation) in New Brunswick. The Mi’kmaw have spoken out against hydro-fracking on their territory for many months now. They have tried to get the attention of governments to no avail. Now the Mi'kmaw are in a battle of drums and feathers versus tanks and assault rifles - not the rosy picture painted by Canada to the international community.

The failure by the federal and provincial governments, as well as the Houston-based fracking company, Southwestern Energy, to consult with the Mi’kmaw and obtain their consent is what led to the protests all summer. According to their web page: “In March 2010, the company announced that the Department of Energy and Mines of the Province of New Brunswick, Canada accepted its bids for exclusive licenses to search and conduct an exploration program covering 2,518,518 net acres in the province in order to test new hydrocarbon basins.”

http://www.swn.com/operations/Pages/nb.aspx

In response, the Mi’kmaw have led peaceful protests at hydro-fracking sites to demonstrate their opposition and protect their lands and resources. They have always asserted their sovereignty, ownership and jurisdiction over their territory. There has been relatively little coverage of their actions, but they have been active for months now. More recently, the company obtained an injunction to stop the protest and it was served on protesters today.

http://halifax.mediacoop.ca/author/miles-howe

It is more than coincidental timing – it was obviously strategically calculated with the completion of the Governor General’s Speech from the Throne and the end of the United Nations Special Rapporteur James Anaya’s visit to Canada. This morning, we awoke to reports from the Mi’kmaw of swarms of RCMP dispatched to Elsipogtog to enforce Harper’s aggressive natural resource agenda. He has effectively declared war on the Mi’kmaw.

http://www.speech.gc.ca/sites/sft/files/SFT-EN_2013_c.pdf

This is not the first time Canada has declared war on the Mi’kmaw. In 1981, law enforcement led an attack on the Mi’kmaw at Restigouche to stop them from controlling their own Aboriginal fishery. During this attack, Mi’kmaw suffered multiple injuries, some severe and numerous arrests.

In 1998, the government intervened in Listuguj because the traditional Mi’kmaw government shut down the logging company that was stealing timber from Mi’kmaw lands and because the Mi’kmaw started to harvest their own timber.

Between 1999 and 2001, Canada once again declared war on the Mi’kmaw Nation at Esgenoopitij (Burnt Church First Nation) in NB to stop them from fishing lobster. This was despite the fact the Mi’kmaw had proven their treaty right to fish lobster at the Supreme Court of Canada. Law enforcement rammed Mi’kmaw fishing boats, injured fisherman and issued numerous arrests.

All of these actions were done in violation of the numerous treaties between the Mi’kmaw and the Crown which were peace and friendship treaties intended to once and for all end hostilities and work together as Nation to Nation partners. Given that our treaties are constitutionally protected, Canada’s actions are not only tyrannical and oppressive, but also illegal.

Today, in 2013, the government has once again decided that brute force is the way to handle The Mi’kmaw women, elders, and children drumming and singing in peaceful protest against hydro-fracking at Elsipogtog. Media reports 200 RCMP officers were dispatched, some of them from the riot squad, armed with shields, assault rifles, batons, tear gas, rubber bullets, pepper spray and snipers. Some of the RCMP, in full camo, hid in the woods, while the others formed a large barricade on the highway blocking any movement by protesters.

The Chief and Council were arrested, as well as numerous other protesters all while scrambling cell phone signals, cutting live video feeds and blocking media access to the site. Reports of RCMP pointing their assault rifles at elders and snipers aiming their scopes at children led to the burning of several RCMP cruisers. Yet, so far, the mainstream media has focused on the burning cars and not the acts of violation and intimidation by RCMP on the Mi’kmaw.

This heavy-handed deployment of heavily armed RCMP cops against women and children shows Canada’s complete disregard for our fundamental human rights and freedoms, and their ongoing disdain for Indigenous peoples. One RCMP officer’s comments summarized government position perfectly: “Crown land belongs to government, not to fucking natives”. The RCMP have it wrong - Mi'kmaw treaties never surrendered our lands and we are still the rightful owners.

http://aptn.ca/pages/news/2013/10/17/crown-land-belongs-to-the-government-not-to-fcking-natives/

Of course, this sounds eerily similar to the words of former Ontario Premier Mike Harris who was reported to have said of the protest at Ipperwash “I want the fucking Indians out of the park”.

http://www.cbc.ca/news/canada/ipperwash-inquiry-spreads-blame-for-george-s-death-1.666937

And we all know what happened there – law enforcement killed a peaceful unarmed protester named Dudley George. One might wonder if history is going to repeat itself. If we look to the Speech from the Throne as any indication, Harper has sent Canada on a direct collision course with First Nations – all in the name of resource development.

Contrary to the Governor General’s introductory comments about Canada using its military force sparingly and that Canada responds “swiftly and resiliently to aid those in need”, the strategic wording indicates a much more ominous plan. Canada’s position vis-à-vis First Nations and natural resources is laid out as follows:

-        First Nations are incapable of managing their own affairs and Canada will control them and make them accountable via legislation;

-        Canada owns the natural resources  and will sell them;

-        Canada will make major investments in infrastructure to protect these natural resources;

-        Canada will increase military strength to protect Canadian sovereignty; and

-        Increased military will protect Canada’s economy from terrorism.

In other words, Canada does not recognize the ownership or rights of First Nations to their lands, waters and natural resources and will expend billions to ensure that no First Nations prevent the extraction of those resources. Canada and its military have referred to First Nations as terrorists before, and will no doubt be labeled as such when they defend their right to say no to mines or hydro-fracking, like in Elsipogtog for example.

This aggressive display of power and intimidation in Elsipogtog was not met with an equal display of violence. Instead, the women, elders and children continued to drum and chant and pray for the health and safety of their peoples, their Nation and the lands and waters for all Canadians. Instead of scaring people away, this unconstitutional show of force is being met with solidarity blockades all over Canada and the United States.

Listuguj in Quebec has blocked a bridge; Six Nations in Ontario has shut down a highway, there are protests outside Canadian embassies in New York City and Washington; and hundreds of rallies, marches, protests and blockades planned for later today and tomorrow. The horrific images of police violence at Elsipogtog inspired First Nations peoples all over Canada to collect supplies, send warriors and advocate for justice. Harper has inspired Indigenous resistance and action on the ground. There will be more First Nation protests and blockades in the coming days as well.

The Idle No More flame that he lit last year has never faded – it was just waiting to be fanned once again. The solution has always been there:

(1)  Respect the Nation to Nation relationship (our sovereignty and jurisdiction over our governments, lands and peoples);

(2)  Address the current injustices (crises in housing, education, food, water, child and family services, murdered and missing Indigenous women); and

(3)  Share the benefits and responsibility to protect the lands, water and natural resources like the treaties envisioned.

 It’s Harper’s move now – more tanks and RCMP violence or a negotiating table?

http://www.cbc.ca/player/News/Canada/ID/2412799896/

*Picture taken from Google images.

Conservative Throne Speech 2013: More Beads and Trinkets for First Nations

 The Speech from the Throne today made it clear that the relationship between First Nations and Canada is not a priority, nor will it ever be for a Harper Government. Instead of offering the real fundamental change that is needed to address the multiple, overlapping crises in First Nations like housing, education, water and food, more beads and trinkets were offered. These beads and trinkets were not even new, they represented old promised repackaged to look new – similar to how their past throne speeches, election promised and Crown-First Nation Gathering commitments read.

In the Speech, First Nations were reduced to a mere minority cultural group of “Aboriginal Canadians” relegated to Canada’s past. Our alleged role in the creation of Canada is a “contribution” to be commemorated within the context of historical battles between European powers for our lands. Our “commemoration” is not a celebration of our Indigenous sovereignty, but a celebration of Confederation and reinforcement of Canada’s assertion of sovereignty over First Nations. In fact, not only did the Harper Government revert back to the two founding nations concept of Canada, but they specifically acknowledged Quebec’s status as a Nation within Canada.

First Nations issues did not feature prominently in the Speech and the few items that were included were laced with racism and paternalism. The following is a list of the promises made specific to First Nations:

(1)  Take steps to ensure “Aboriginal Canadians” find the job-training they need;

 

(2)  Continue to work with “Canada’s First Nations” to develop “stronger, more effective, and more accountable on-reserve education systems”;

(3)  Job opportunities for “Canada’s Aboriginal peoples” in the natural resource extractive industry;

(4)  Renew efforts to address murdered and missing Aboriginal women;

(5)  Continue dialogue on treaty relationship and comprehensive land claims; and

(6)  Work with Aboriginal peoples to create healthy, prosperous, self-sufficient communities.

 Job Training:

The first promise, i.e., to give Aboriginal Canadians the job training, starts from the flawed premise that Canada is working with the most educated work force in the world. That may be the case for Canadians in general, but it is far from true for First Nations peoples where the gap in educational attainment continues to grow. Even the terminology that is used signifies the Harper Government is coming from an employment equity point of view, as opposed to a Nation to Nation partnership, Aboriginal and treaty rights or human right point of view.

This paternalistic nature of these “promises” is also evident from the possessory language that is used to describe First Nations. “Canada’s Aboriginal peoples” is an offensive phrase implying First Nations belong to Canada – the same paternalistic mentality indicative of Canada’s colonial past. Similarly, the phrase “Aboriginal Canadians” subjugates Indigenous peoples to Canada’s assertion of sovereignty over their lands and resources.

First Nation Education:

The second promise in relation to First Nation education is an example of the degree to which First Nations are always presented by the Harper government in a child-like manner using words like “potential” to describe their current state. The promise to build stronger, more accountable education systems on reserve implies that First Nation schools are not already accountable. We know from every report ever written that the issue around First Nation education is about lack of real First Nation control and severe, chronic underfunding. Trying to blame the victim and make veiled accusations of corruption only promotes stereotypes not conducive to addressing the crisis in education.

What this promise doesn’t say is that the Harper government has drafted First Nation Education Legislation which will be introduced in the House shortly, likely in the omnibus bill with all the other new and amended pieces of legislation. Just like with Bill C-45, one of the bills which spurred on the Idle No More movement, this legislation will be rammed through the house without consultation, debate or the consent of First Nations. It is unconstitutional legislation that directly violates constitutionally protected treaty rights and international rights. This is not much of a promise when what was critically needed was funding.

 Mining Jobs:

The third promise to ensure job opportunities in the natural resource extractive industry is another way of saying that Canada will continue to steal Indigenous lands and extract the resources for its own benefit. Harper has no intention of respecting the Aboriginal or treaty rights of First Nations in relation to the wealth from their lands, nor does will he consider the sharing of the natural resources. The benefit that First Nations can expect from this promise is to be trained in how to mine gold, cut down trees, or extract oil from tar sands. Harper plans to use First Nations as the labourers so large corporations can export their profits outside Canada while First Nations people are left with the environmental contamination.

It should be kept in mind that this promise is closely tied to the other promises made in the Speech related to natural resources. Canada is claiming that they own all the natural resources and there is no mention of the rights of First Nations in this regard or the United Nations Declaration on the Rights of Indigenous Peoples which confirms First Nation ownership. Instead, the Speech was clear that Harper’s government that they will build the infrastructure necessary to access the resources and sell them to foreign governments.

The Speech did confirm what First Nations have been saying for decades: it’s not tax payers that pay for social programs, but the $30 billion+ in natural resource development that pays for education, health and other social programs that Canadians enjoy. In other words, Canadians enjoy free education and health care paid for (subsidized) by First Nation natural resources and not the other way around.

Murdered and Missing Indigenous Women:

The fourth promise to renew efforts to address murdered and missing women was likely the most offensive part of this Speech. The Governor General spoke of protecting murdered and missing First Nation women followed by a promise to up-hold anti-prostitution laws, followed by a promise to enact legislation to protect dogs. Many listeners to the Throne Speech were shocked by the coupling of murdered and missing action with anti-prostitution laws. The racist overtones and implications here are unforgivable given the many reviews and approvals these speeches must go through before final approval.

 Treaty Talk:

The fifth promise to continue dialogue on treaties is not a promise at all. More talking means the status quo or no action continues. We have National Chief Shawn Atleo and his undercutting of the Treaty Chiefs in January 2013 at the Crown-First Nation meeting to thank for this meaningless promise. Once Harper knew Atleo would turn his back on his own Chiefs and compromise their leverage, he knew he would never have to make any real concessions on treaties and this is what we see in the Speech. More talk, no action on implementation. That being said, Canada has a legal duty to respect and implement treaty rights which are constitutionally and internationally protected.

Indian Affairs Mandate:

 Similar to the last promise, the sixth promise is actually no promise at all. It is simply a restatement of their legislated mandate which appears on their website which reads as follows:

“improve social well-being and economic prosperity; develop healthier, more self-sufficient communities; and participate more fully in Canada's political, social and economic development.”

This has been the mandate of Indian Affairs for decades and they have failed their mandate year after year with no accountability. Promising to live up to only one part of their three-part mandate is not an encouraging sign for First Nations.

Very little of substance was offered First Nations in this budget. Instead, Harper will focus on television programming, streamlining e-mails and protecting dogs. The level to which the crisis in First Nations has been ignored is astounding given the United Nations Rapporteur’s recent visit to Canada which has highlighted some of the extreme living conditions and injustices in Canada. Similarly, all the Auditor General, Correctional Investigator and independent reports and studies have all been ignored. The situation of purposeful chronic underfunding of essential human services which leads to the pre-mature deaths of First Nations peoples remains Canada’s biggest shame.

It is criminal that Canada “will help the world’s neediest” with financial aid and economic development, but will let First Nations live in third world conditions despite the many calls for help. It is no wonder Harper will not answer to the Canadian public tomorrow in the House – not unlike Senators Wallin, Duffy and Brazeau skipping the Speech today. The hypocrisy is nauseating – but even worse, will result in more lives lost in First Nations.

Canadians have the power to demand justice for First Nations while First Nations protect the lands and waters for all our future generations.