Constantly Eroding - Looking at the Government's Indian Termination Policy Mar 8 13 [Compatibility...

7/29/2019 Constantly Eroding - Looking at the Government's Indian Termination Policy Mar 8 13 [Compatibility Mode]

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CONSTANLY ERODING: LOOKING AT

THE GOVERNMENTS INDIANTERMINATION POLICY

Presented By

Russell Diabo

March 8, 2013


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Origin of Canada

Canada bases its territorial integrityand assertion of sovereignty over

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

outdated notions ofTerra Nullius

and 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 Act has conflicting andparallel objectives:

theprotection of Indians and theirlands on the one hand,

and the control, assimilation and

civilization of Indian peoples on theother.


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Indian Act

The key concerns raised by Indian leadership - self-

government, the treaties, the land question wereignored or dismissed by officials. Efforts were made toensure that future consultations would be under

firmer government control. In 1951, a revised Indian Actwas adopted by

Parliament. 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 been

achieved.


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Indian Act

Between 1968 and 1969, Canada once again

took another look at Indian policy, in light ofPrime Minister Pierre Elliot Trudeaus vision ofindividual 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 Aboriginal

Title. 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 1982

became law. Section 35 of the new constitution recognizes

and affirms the existing aboriginal and

treaty 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 FirstNations 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 FIRST

NATIONS GOVERNANCE: The Government of Canada and First Nations will

work to develop solutions to remove barriers that

hinder 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 RESOLUTION

and TREATY IMPLEMENTATION: The Government of Canada and First Nations commit

to respect and honour our treaty relationship and

advance approaches to find common ground on Treatyimplementation. The parties also commit to ensuringfederal negotiation policies reflect the principles of

recognition 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 onquality K-12 education for First Nation children living

on reserve. Upon mutual review of the NationalPanels report, First Nations and the Government ofCanada will work to implement agreed-upon

recommendations as quickly as practicable and establisha process to work constructively through any areas ofdisagreement.


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CFNG OUTCOMES

5. CAPITALIZING ON ECONOMIC

DEVELOPMENT: Within three months, Canada and First Nations will

launch an economic task force as set out in the Joint

Action Plan that will report back withrecommendations to further unlock the economicpotential of First Nations. This work will be completed

in 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 government

clearly signaled its intention to: 1) Focus all its efforts to assimilate First Nations

into 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 ending

of First Nations pre-existing sovereign statusthrough federal coercion of First Nations intoLand Claims and Self-Government Final

Agreements that convert First Nations intomunicipalities, their reserves into fee simplelands and extinguishment of their Inherent,

Aboriginal and Treaty Rights.


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MODERN TREATY AREAS


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Harpers Termination Plan A results based approach to negotiating Modern

Treaties and Self-Government Agreements. This is anassessment process of 93 negotiation tables acrossCanada to determine who will and who wont agree to

terminate Inherent, Aboriginal and Treaty rights underthe terms of Canadas Comprehensive Claims and Self-Government policies. For those tables who wontagree, negotiations will end as the federal government

withdraws from the table and takes funding with them.


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First Nation regional and national political

organizations will have their core funding cutand capped. For regional First Nation politicalorganizations 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 Provincial

Territorial Organizations to organize and/or

advocate for First Nations rights and interests.


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First Nation Band and Tribal Council funding

for advisory services will be eliminated over thenext two years further crippling the ability ofChiefs and Councils and Tribal Council

executives to analyze and assess the impacts offederal and provincial policies and legislation onInherent, Aboriginal and Treaty rights.

Meanwhile AANDC spent $110 million in legalcosts 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 started

by four women who held a teach-in in Sakatchewan lastNovember. The teach-in was about the Harpergovernments suite of proposed legislation (10 Bills)

some passed and some still in Parliament that negativelyimpact of the rights of First Nations and Canadians aswell.

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 working

process with Treaty Nation leadership for establishingframeworks with necessary mandates for theimplementation and enforcement of Treaties on a

Treaty 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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AFN 8 POINT POSITION 3. Resource Equity, Benefit and Revenue

Sharing building on treaty implementation andenforcement and comprehensive claimsresolution there must be a framework that

addresses shared governance of resourcedevelopment and the fair sharing of all forms ofrevenues and benefits generated from resourcedevelopment.


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AFN 8 POINT POSITION 4. All legislation must be unquestionably consistent with s.35 of

the Canadian Constitution and the UNDRIP. Legislation and

provisions of legislation as in C-38 and C-45 that contravene ourTreaty 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 that

respects 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 as

they 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 section

35 and consistent with international human rights standards.


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AFN 8 POINT POSITION 5. Fundamentally transformed fiscal relationship

guaranteeing fairness and sustainability and removingall arbitrary caps and burdens on the current inefficient,ineffective and unfair funding relationship for First

Nation programs and services. 6. Immediate Commitment to the establishment of a

National 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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AFN 8 POINT POSITION 7. A guarantee, as in Shannens Dream, of First Nation schools

in 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 require

fundamental change in the machinery of government includingdirect political oversight, a dedicated Cabinet Committee with a

secretariat within the Privy Council Office with specificresponsibility for the First Nation-Crown relationship to oversee

implementation.


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AFN-CANADA HIGH

LEVEL PROCESSAFN met with federal officials on February 5th

and February 11th to 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).

A CA ADA 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 Perry Bellegarde & 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 35

of 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 sponsoredby 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 willhave 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

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