constantly eroding - looking at the canada's indian termination policy miningwatch apr 19 13

7/30/2019 Constantly Eroding - Looking at the Canada's Indian Termination Policy Miningwatch Apr 19 13

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CONSTANLY ERODING: LOOKING ATTHE CANADAS INDIAN TERMINATION

POLICY

Miningwatch Presention

By

Russell Diabo

April 19, 2013


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Origin of Canada

Canada bases its territorial integrity

and assertion of sovereignty over

Indigenous (First) Nations bycontinuing to rely on the racist and

outdated notions ofTerra Nulliusand the Doctrine of Discovery.


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ROYAL PROCLAMATION OF

1763


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Upper Canada: 1791-1841


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Robinson Huron Treaty 1850


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INDIAN ACT


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Indian Act

The Indian Acthas conflicting andparallel objectives:

theprotection of Indians and theirlands on the one hand,

and the control, assimilation andcivilization of Indian peoples on the

other.


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Indian Act

The key concerns raised by Indian leadership - self-government, the treaties, the land questionwereignored or dismissed by officials. Efforts were made to

ensure that future consultations would be underfirmer government control.

In 1951, a revised Indian Actwas adopted byParliament. In most respects it was the same as the

1876Act. The protective obligations of the Crownwere seen only as a temporary duty which woulddisappear once complete assimilation had beenachieved.


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Indian Act

Between 1968 and 1969, Canada once againtook another look at Indian policy, in light ofPrime Minister Pierre Elliot Trudeaus vision of

individual equality for all Canadians and thedismantling of collective rights. As in the 1940'sand 50's, extensive consultations were carried

out, which were duly ignored by officials. Theresult was the release of the White Paper in1969.


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Chrtien and Trudeau


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1969 WHITE PAPER ON

INDIAN POLICY


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1969 White Paper Objectives

Assimilation of First Nations.

Remove legislative recognition.

Neutralize constitutional status.

Impose taxation.

Encourage provincial encroachment.

Eliminate Reserve lands & extinguish AboriginalTitle.

Economic underdevelopment of communities.

Dismantle Treaties.


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CONSTITUTION ACT 1982


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Constitution Act 1982

On April 17, 1982, the Constitution Act 1982became law.

Section 35 of the new constitution recognizes

and affirms the existing aboriginal andtreaty rights of aboriginal peoples.

A series of First Ministers Conferences were

held in 1983, 1984, 1985 and 1987, to identify &define the scope and content of sec. 35, butthese constitutional conferences ended in failure.


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END OF MEECH LAKE

ACCORD 1990


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1990 ARMY IN KAHNAWAKE


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Supreme Court of Canada:

The Judges


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Haida at Supreme Court of Canada


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CROWN-FIRST NATIONS

GATHERING


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CFNG OUTCOMES

1. RENEWED RELATIONSHIP:

1.Working Group to movet toward a single, multi-yearGovernment of Canada financial arrangement for First

Nations with high-performing governance systems 2.Improved accountability provisions for all parties

3.Financial self-sufficiency of First Nations as the end-

goal


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CFNG OUTCOMES

2. REMOVING BARRIERS TO FIRSTNATIONS GOVERNANCE:

The Government of Canada and First Nations will

work to develop solutions to remove barriers thathinder First Nations governance. The Indian Actcannot be replaced overnight, but through the use ofexisting tools and the development of new mechanisms,both parties can create the conditions to enablesustainable and successful First Nations.


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CFNG OUTCOMES

3. ADVANCING CLAIMS RESOLUTIONand TREATY IMPLEMENTATION:

The Government of Canada and First Nations commit

to respect and honour our treaty relationship andadvance approaches to find common ground on Treatyimplementation. The parties also commit to ensuringfederal negotiation policies reflect the principles ofrecognition and affirmation mandated by Section 35 ofthe Constitution Act, 1982 and advance certainty,

expeditious resolution, and self-sufficiency.


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CFNG OUTCOMES

4. EDUCATION REFORM:

The Joint Action Plan launched a collaborativeengagement process to make recommendations on

quality K-12 education for First Nation children livingon reserve. Upon mutual review of the NationalPanels report, First Nations and the Government of

Canada will work to implement agreed-uponrecommendations as quickly as practicable and establisha process to work constructively through any areas ofdisagreement.


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CFNG OUTCOMES

5. CAPITALIZING ON ECONOMICDEVELOPMENT:

Within three months, Canada and First Nations will

launch an economic task force as set out in the JointAction Plan that will report back withrecommendations to further unlock the economicpotential of First Nations. This work will be completedin a timely fashion. Work has already been underway todefine the scope of this task force.


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Harpers Termination Plan

On September 4th the Harper governmentclearly signaled its intention to:

1) Focus all its efforts to assimilate First Nationsinto the existing federal and provincial orders ofgovernment of Canada;

2) Terminate the constitutionally protected and

internationally recognized Inherent, Aboriginaland Treaty rights of First Nations.


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Termination in this context means the endingof First Nations pre-existing sovereign statusthrough federal coercion of First Nations into

Land Claims and Self-Government FinalAgreements that convert First Nations intomunicipalities, their reserves into fee simple

lands and extinguishment of their Inherent,Aboriginal and Treaty Rights.


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MODERN TREATY AREAS


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A results based approach to negotiating Modern

Treaties and Self-Government Agreements. This is anassessment process of 93 negotiation tables across

Canada to determine who will and who wont agree toterminate Inherent, Aboriginal and Treaty rights underthe terms of Canadas Comprehensive Claims and Self-Government policies. For those tables who wont

agree, negotiations will end as the federal governmentwithdraws from the table and takes funding with them.


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Federal Negotiations Mandate

The federal assessment is to see which tables will acceptto negotiate Final Agreements based upon thefollowing core negotiation objectives, which in part are:

Accept the extinguishment (modification) of AboriginalTitle;

Accept the legal release of Crown liability for pastviolations of Aboriginal Title & Rights;

Accept elimination of Indian Reserves by acceptinglands in fee simple;

Accept removing on-reserve tax exemptions;


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Federal Negotiations Mandate

Accept removing on-reserve tax exemptions;

Respect existing Third Party Interests (and therefore alienationof Aboriginal Title territory without compensation);

Accept (to be assimilated into) existing federal & provincialorders of government;

Accept application of Canadian Charter of Rights & Freedomsover governance & institutions in all matters;

Accept Funding on a formula basis being linked to own sourcerevenue;

Other measures too, essentially accepting to become Aboriginalmunicipalities with the Canadian Federation.


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First Nation regional and national politicalorganizations will have their core funding cutand capped. For regional First Nation political

organizations the core funding will be capped at$500,000 annually. For some regionalorganizations this will result in a funding cut of

$1 million or more annually. This will restrict theability of Chiefs and Executives of ProvincialTerritorial Organizations to organize and/or

advocate for First Nations rights and interests.


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First Nation Band and Tribal Council fundingfor advisory services will be eliminated over thenext two years further crippling the ability of

Chiefs and Councils and Tribal Councilexecutives to analyze and assess the impacts offederal and provincial policies and legislation on

Inherent, Aboriginal and Treaty rights. Meanwhile AANDC spent $110 million in legal

costs in the 2011-2012 f/y.


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IDLE NO MORE FOUNDERS


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IDLE NO MORE

Idle No More is a social and political movement startedby four women who held a teach-in in Sakatchewan lastNovember. The teach-in was about the Harper

governments suite of proposed legislation (10 Bills)some passed and some still in Parliament that negativelyimpact of the rights of First Nations and Canadians as

well.

The movement has swept across Canada and becomean international phenomenon with Idle No Moredemonstrations and flash mobs in the United States,New Zealand, Australia and elsewhere.


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CHIEF THERESA SPENCE


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AFN-PM MEETING

January 11, 2013


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AFN 8 POINT POSITION

1. Commitment to an immediate high level workingprocess with Treaty Nation leadership for establishingframeworks with necessary mandates for the

implementation and enforcement of Treaties on aTreaty by Treaty basis, between the Treaty partiesNation-to-Nation.

2. Facilitating fair, expeditious resolution of land claims

through reforming the comprehensive claims policybased on recognition and affirmation of inherent rightsrather than extinguishment.


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3. Resource Equity, Benefit and RevenueSharingbuilding on treaty implementation andenforcement and comprehensive claims

resolution there must be a framework thataddresses shared governance of resourcedevelopment and the fair sharing of all forms of

revenues and benefits generated from resourcedevelopment.


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4. All legislation must be unquestionably consistent with s.35 ofthe Canadian Constitution and the UNDRIP. Legislation andprovisions of legislation as in C-38 and C-45 that contravene our

Treaty and inherent rights must be reconsidered andimplementation of these provisions be put to a halt. We must

have an environmental regulatory regime in this country thatrespects our rights. Legislation that tinkers around the edges ofthe Indian Act must stop and be replaced with support for FirstNation government and nation re-building including a

mechanism for our Nations to push away from the Indian Act asthey determine. To fulfill the original relationship, Canada mustput in place an ongoing process that all new bills and policies ofthe federal government must be in full compliance with section35 and consistent with international human rights standards.


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5. Fundamentally transformed fiscal relationshipguaranteeing fairness and sustainability and removingall arbitrary caps and burdens on the current inefficient,

ineffective and unfair funding relationship for FirstNation programs and services.

6. Immediate Commitment to the establishment of aNational Public Commission of Inquiry on Violence

Against Indigenous Women and Girls, including specialfocus on murdered and missing Indigenous women,and the broader factors that lead to increased

vulnerability among Indigenous peoples.


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7. A guarantee, as in Shannens Dream, of First Nation schoolsin every First Nation that each and every First Nations parentand child can be proud of, that fully reflects our languages andcultures and provides a safe and supportive place to learn.

8. In order to be effective, progress on these areas will requirefundamental change in the machinery of government includingdirect political oversight, a dedicated Cabinet Committee with asecretariat within the Privy Council Office with specific

responsibility for the First Nation-Crown relationship to overseeimplementation.

AFN CANADA HIGH


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AFN-CANADA HIGH

LEVEL PROCESS

AFN met with federal officials on February 5thand February 11thto discuss high levelprocess.

There are two Senior Oversight Committees(SOCs) coming out of the January 2013 meeting

with the Prime Minister: one on Treaty

Implementation and one on ComprehensiveClaims (Modern Treaties).

AFN CANADA HIGH


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AFN-CANADA HIGH

LEVEL PROCESS

Federal SOC people are the same for both tables(Treaty Implementation & ComprehensiveClaims).

Jean-Francois Tremblay, Assistant DeputyMinister for Treaties & Aboriginal Governance,AANDC, was elected to be the federal Co-Chair

of the SOCs along with PerryBellegarde & JodyWilson-Raybauld as AFN Co-Chairs.


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HARPER AGENDA

Remove Aboriginal Peoples as a federal priority.

Ignore 2005 Kelowna Accord.

Focus on Individual rights over Collective rights.

Cap and/or off-load spending.

Use existing federal policies of Land Claims and

Self-Government to limit/empty out section 35of any significant meaning.

Maintain Indian Act & impose amendments.


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CONCLUSION

Canadas war on First Nation rights is heating up as

First Nations are forced to respond politically/legally toaggressive development of lands/resources sponsored

by the federal and provincial governments. For the first time in 30 years or so, First Nations &

their organizations will have to reorganize due to majorfederal funding cuts & caps. First Nation Peoples will

have to engage with their leaders to redefine theirstruggle for Aboriginal/Treaty rights.

Idle No More & Defenders of the Land have formedalliance and national campaign direct action/education.


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WHERE TO FROM HERE?

IDLE NO MORE January 28, 2013

constantly eroding - looking at the canada's indian termination policy miningwatch apr 19 13

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