Nisga’a People Celebrate 10th Anniversary of the Nisga’a Treaty

May 11, 2010 marks the tenth anniversary of the signing of the Nisga’a Treaty. From the website set up to recognize this celebration:

Nisga'a Elders

The Nisga’a people have lived in the Nass River Valley since time immemorial. In the late 1800s, when much of Nisga’a traditional territory was declared Crown land, the Nisga’a people began petitioning government to recognize our connection to and ownership of Nisga’a territory. In 1998, a signing ceremony at New Aiyansh signalled the completion of a quarter century of negotiations and the birth of the Nisga’a Final Agreement, British Columbia’s first modern treaty.

A Nation Renewed

May 11, 2000, the Effective Date of the treaty, was a historic and triumphant day for the Nisga’a people. It marked the end of a 113-year journey-and the first steps in a new direction. On that day, the Indian Act ceased to apply to the Nisga’a people (except for the purpose of Indian registration) and, for the first time in modern history, the Nisga’a people had the legal authority to conduct our own affairs. The treaty ended the uncertainty regarding land ownership and opened the door for joint economic initiatives in the development of the Nisga’a Nation’s natural resources. It benefits all Canadians. News of the Nisga’a Final Agreement has traveled far beyond the Nass Valley-across British Columbia, Canada, and around the world. Governments and Aboriginal peoples are all watching the implementation of the treaty with keen interest.

The Nisga’a Final Agreement serves as an example. It demonstrates that governments and First Nations can, in good faith, work together to forge a more secure future for everyone.

The Minister of Norther Affairs issued the following press release to recognize this event:

Ottawa, Ontario (May 11, 2010) — The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians issued the following statement today: “I want to extend my congratulations to the President of the Nisga’a Lisims Government, Mr. Mitchell Stevens, and the Nisga’a people on the 10th anniversary of the effective date of the Nisga’a Final Agreement. 

This landmark agreement demonstrates the benefits that modern treaties can bring to First Nation people and their neighbours – building a solid foundation for renewed and lasting relationships and brighter futures for all concerned.

Under the treaty, the Nisga’a Lisims Government has been able to take advantage of new opportunities in the Nass Valley in areas such as forestry, eco-tourism, pine mushroom harvesting and the service sector. Since the treaty was signed, there have also been significant improvements in unemployment rates and high school graduation rates.  Canada shares in the pride of the Nisga’a Lisims Government and the Nisga’a Nation for the progress they have made and the strong relationship we have built together along the way.

The Nisga’a Final Agreement marked a new beginning for the Nisga’a people and the Nass Valley as a whole.  As the work to implement this groundbreaking treaty continues, Canada remains committed to working with the Nisga’a and the Province of British Columbia to advance our shared goals.” 

Assembly of First Nations National Chief Shawn A-in-chut Atleo Speaks: Canada Falls Short of Standards in the UN Declaration on the Rights of Indigenous People

Assembly of First Nations National Chief Shawn A-in-chut Atleo presented today at the United Nations Permanent Forum on Indigenous Issues at the UN Headquarters in New York.  The National Chief spoke to key areas that require action by First Nations and the Government of Canada, including First Nations Treaties, citizenship, comprehensive land claims, border rights, water rights and highlighted the issue of missing and murdered women. The National Chief setout an approach to resolve these issues based on the principles of the UN Declaration on the Rights of Indigenous Peoples.

“The UN Declaration is the way to move forward on the issues that continue to hold back First Nations and Canada in achieving our full potential,” said National Chief Atleo. “The Declaration sets out principles and processes based on mutual respect and partnership. Adhering to these principles will ensure we get results that will work in everyone’s best interests.”

The presentation, part of the North American Panel, was delivered by the National Chief with representatives from the Governments of Canada and the United States, an Indigenous representative from the United States and UNPFII member Ms. Tonya Gonella-Frichner.

“There are many pressing issues facing Canada and First Nations and, while there is movement in some areas, we are focusing our presentation on those areas that require action either because there is no movement or because current approaches threaten or breach our inherent Aboriginal and Treaty rights,” said National Chief Atleo.

The National Chief stated that proposed federal legislation on First Nations membership and water are two examples of federal approaches that are inconsistent with First Nations rights and fall short of the standards in the UN Declaration.  The National Chief also called on the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples to visit Canada to specifically monitor the critical issue of violence against women.

The National Chief identified relevant standards from the UN Declaration that would act as shared objectives and a process to achieve those objectives.

The National Chief stated: “Our goal is to be constructive and to that end we are putting forward initiatives, plans and approaches that set us on the right course using the guiding principles of the UN Declaration. Canada is now joining the international community by adopting the Declaration and we are seeking a positive and substantive response to our presentation.”

The Assembly of First Nations presentation is available on the AFN website at www.afn.ca or upon request.

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Editor’s note: Canada is one of only four nations in the world who voted against the UN Declaration on the Rights of Indigenous People.

Grassy Narrows Chief Simon Fobister leads delegation asking for protection

Grassy Narrows Chief Simon Fobister led delegations to Toronto, as the community and their supporters continued to lobby for the protection of treaty rights.

“How can we have trust, and reconciliation when the government of Ontario walks away from their responsibility to make things right about the mercury pollution they permitted?” asked the chief in a prepared statement.

The demonstration came on the heels of yet another study, which showed the health of long-term residents was getting worse with time, rather than better, due to the cumulative effects of eating contaminated fish. Based on the results of examinations done during his 2004 visit, Japanese expert Dr. Masazumi Harada said the walleye from the Winnipeg River system near the community may also have a detrimental impact on pregnant women, who could pass on the symptoms to their fetus.

. . .

The province banned commercial fishing for all species except whitefish in 1970. The 2009-2010 edition of the Guide to Eating Ontario Sport Fish still contains warnings for “sensitive populations”, which include expectant mothers and children, who are eating walleye from the Winnipeg River system.

For many years now, both the federal and provincial governments have made contributions to healthy eating programs, including those for expectant mothers.

Health Canada has tried offering a substitute food program for residents, where frozen fish was sent by mail, but it was not successful. The federal government has also challenged Dr. Harada’s findings through the use of their own experts, who note some of the symptoms associated with mercury poisoning can also be caused by other sources, including alcohol and substance abuse.

It is a convenient argument for Health Canada to make — take away the ability to practice a traditional form of life by poisoning the water these people rely on for their food and livelihood, then accuse the population of alcoholism and substance abuse. Raise the specter of the “dirty drunk Indian” as the straw man in the argument; tap into prejudice and ignorance to continue the suffering of Grassy Narrows. The solution to this problem is simple: make amends by fixing the problem and stop blaming the victims. There may be alcoholism and substance abuse, but is that the cause or the effect?

Read the entire news article here. Hopefully the Canadian public and people of Ontario will recognize this as a problem that can only be solved when pressure is brought on the politicians and bureaucracy.

Who does the Gitxsan Treaty Society represent?

Open letter to Aboriginal Minister George Abbott & Indian Affairs Minister Chuck Straule

According to the papers you are considering the offer of the GTS (Gitxsan Treaty Society) and a handful of “Hereditary Chiefs” to give up all of Gitxsan property and treaty rights.

The people have wanted to fire this group as a bargaining agent. Yet the government continues to use taxpayer’s money to pay their wages of about $1.3 million per year.

The full letter is printed here.

Will the new law intended to end discrimination lead to greater tension?

MONTREAL — Kahnawake, the Mohawk community of 8,000 on Montreal’s South Shore, could see its population double as a result of a proposed federal law that aims to end discrimination against aboriginal women.

If passed, Bill C-3 would amend Canada’s Indian Act and extend Indian status to the grandchildren of First Nations women who married non-First Nations men.

Currently, only grandchildren of First Nations men who marry non-First Nations women are granted Indian status and such accompanying rights as tax exemptions and money for education.

. . .

Indian Affairs Minister Chuck Strahl has said he has no idea how much it will cost to end gender discrimination in the Indian Act and has announced no new funding.

“We’ve been warning people about the McIvor decision” and what it could mean for Kahnawake, said Joe Delaronde, a Mohawk band council spokesman.

“The pot of money will stay the same but there will be more demands on it,” Delaronde said. “There will be shortfalls.”

Under federal law, aboriginal communities receive funding based on Ottawa’s band-member registries for education, health care and other services.

The rules around funding are complicated, this “sound bite” does not completely explain the complexity of the rules around those who qualify for funding. A number of bands will struggle to meet the demands placed by the needs of new members, but it is hard for a group that has complained of unfair treatment and discrimination in the past to now ignore the needs of others.

The full article is here.

Can you spot the real Indian?

Who gets to decide who’s a real Indian? Should it be the federal government, with its complex, constantly changing rules about racial purity? Or should it be natives themselves?

The debate is going to get even messier in the wake of the legislation recently introduced that tinkers yet again with the definition of status Indian.

. . .

For their part, aboriginal leaders complain that it’s not up to the government to define native heritage.

“It is fair and just that Indian status will be restored to those who lost it because of inequality in the Indian Act,” Shawn A-in-chut Atleo, national chief of the Assembly of First Nations, declared after the legislation was tabled.

“But the real problem is the Indian Act itself. The government of Canada should not be able to decide who is and who is not a First Nation citizen.”

It is the right of any nation to identify its citizens, said Atleo. True, but no other ethnic group in Canada is entitled to specific rights and benefits based on race.

And the notion that the state should provide special benefits to certain natives, in perpetuity, just because they’re status Indians sticks in the craw of many Canadians.

There’s a glimmer of hope, however. The Gitxsan First Nation in B.C. wants out of the whole reserve system. And, go figure, they want to pay taxes just like everyone else.

How would you define who qualifies under the Indian Act? How long should the state provide special benefits to certain natives?

The Gitxsan First Nation is taking a step in a very different direction from the majority of those who qualify under the Indian Act, eventually won’t benefits end for future generations anyways?

Read the full post here.

Can the Government of the Northwest Territories restrict caribou hunt?

Government lawyer Martin Goldney was in court Friday for a first appearance, where he addressed the question the government has put before the Supreme Court of the NWT. Goldney said the GNWT plans to have a final briefing on the government’s position available for the courts by early April.

Using the Legal Questions Act, Justice Minister Jackson Lafferty has asked, “Does the GNWT have legislative authority (under the NWT Act) to regulate subsistence harvesting of barren ground caribou by aboriginal people?” (more…)

Walter Rudnicki, 1925-2010

OTTAWA — For a time in the 1970s, Walter Rudnicki was a household name in Ottawa.

It wasn’t because of his accomplishments in improving the lives of Canada’s aboriginal people — although he is still a legendary figure among native leaders.

Instead, Rudnicki got famous for his firing from the public service, his successful suit for wrongful dismissal and, only later, the revelation that he had been on an RCMP blacklist of 21 civil servants suspected of being members of a New Left seeking to “organize and radicalize the ‘underclasses’ of society and mould them into a revolutionary force.”

. . .

In the months after the trial, news about the existence of the black list started to trickle out. (more…)

New law may give Indian status to you!

The Conservative government introduced new legislation to amend the Indian Act that, if passed, could recognize an additional 45,000 Canadians as status Indians.

“This addresses the difference in treatment between how descendants of aboriginal women who marry non-aboriginal people are treated differently than aboriginal men. So this is a gender equity issue,” said Indian Affairs Minister Chuck Strahl, who introduced the bill in the House of Commons on Thursday.

Under the proposed legislation, the grandchildren of women who marry non-natives would be granted Indian status. People who have registered Indian status are entitled to certain benefits, tax exemptions, federal programs and rights guaranteed under specific treaties.

The changes come after Ottawa lost a court case challenging the discrepancies in the way men and women are treated when it comes to Indian status under the Indian Act.

. . .

Indian Status entitles a person to a wide range of services and programs. Take a look at the full news article from the CBC News web site here.

Grand Chief Reacts To Federal Throne Speech

WINNIPEG, MB March 3, 2010: GRAND CHIEF-Manitoba Keewatinowi Okimakanak Grand Chief David Harper believes the 2010 Federal Throne Speech should have had more emphasis on the First Peoples of this land. MKO also wants a stronger Canada and stronger economy now and for the future, but it should ensure full involvement and participation by the First Nations that signed treaties with Canada.

Grand Chief David Harper, “We were expecting measures to close the social and economic gaps between our people and the rest of Canada.  We want natural resources sharing and economic opportunities, as well as sharing of revenues relating to our lands and resources. The MKO First Nations invested our waters, lands and resources in Manitoba Hydro.  Canada must introduce measures to ensure that First Nations affected by clean energy projects benefit from an equitable share of the opportunities and revenues.”

MKO is encouraged by the Government of Canada’s commitment to address further Residential School claims however, healing programs must continue. Grand Chief Harper adds“We are extremely pleased that Canada now recognizes the United Nations Declaration on the Rights of Indigenous Peoples and we challenge Prime Minister Stephen Harper’s government to openly endorse the declaration and sign it during this session of Parliament”.

 MKO expects full participation and consultation on the new proposed legislative regime on drinking water treatment and wastewater systems. MKO looks forward to investments in water and wastewater systems in First Nation communities that will be comparable to systems serving other Canadians. Grand Chief Harper says, “We call on the government to fully consult with First Nations and to allocate appropriate resources to address all systemic barriers in relation to the Indian Act. Any new federal fisheries legislation must be consistent with the top priority for First Nation fisheries that is recognized through our Aboriginal and Treaty rights and confirmed by the Supreme Court of Canada”.

The Grand Chief said MKO First Nations expected the throne speech to include:

  1. Enhancement of fiscal transfers and funding arrangements for First Nation Governments;
  2. Strengthened investments in community infrastructure and operation and maintenance;
  3. Continuation of funding for healing and reconciliation as it relates to the Prime Minister’s apology to Residential School survivors;
  4. Renewed commitment to the transfer of new reserve lands under the Manitoba Treaty Land Entitlement Framework Agreement; and resolution of other landclaims;
  5. Strengthened investments in child welfare and education including a lifting of the federal 2% cap on education funding.

 Grand Chief David Harper will be available until 5pm today and from 10am-3pm CST Thursday March 4th.