first nations strategic bulletin june-dec 2011 issue

8/3/2019 First Nations Strategic Bulletin June-Dec 2011 Issue

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FIRST NATIONS STRATEGIC POLICY COUNSEL

Special points of

interest:

Harper agrees to Jan.

24th Crown-First Na-

tions Gathering.

What does it mean?

More on RCMP Spy-

ing on First Nations

Should AFN recon-

sider partnership

with Conservatives?

AFN National Chiefgives his opinion.

PMO issues Press

Release on Fed-FN

Meeting.

By Russell Diabo

Now that the Crown-First Nations Gather-

ing is confirmed forJanuary 24, 2012 with

Prime Minister Ste-phen Harper, the issuefor First Nations to con-sider is what happensafter the Summit with

Steven, who has aboutthree and a half moreyears with a majoritymandate before he fac-es another federal elec-tion?

To answer this questionwe should consider howwe got to this point in

history.

Crown Takes Advantage of Legal/Political Uncertainty of Section 35

On April 17, 2012, it will be the 30th anniversary of Canadas new constitution withthe inclusion of section 35 aboriginal and treaty rights, which were recognized

and affirmed.

The significance of this event was noted by the Supreme Court of Canadas ChiefJustice, Brian Dickson, who wrote in the 1990 Sparrow Decisionthe first SCC de-cision on section 35:

s. 35(1) of the Constitution Act, 1982, represents the cul-

mination of a long and difficult struggle in both the po-

litical forum and the courts for the constitutional recog-

nition of aboriginal rights. . . Section 35(1), at the least,

provides a solid constitutional base upon which subse-quent negotiations can take place. It also affords aborig-

inal peoples constitutional protection against provincial

legislative power.

Back in the 1980s, section 35 was considered by many First Nations as being theforward looking basis of achieving justice in Canada because Aboriginal and Treaty

rights were finally being constitutionally recognized and affirmed.

Unfortunately for First Nations, almost 30 years later section 35s constitutionalrecognition and affirmation of First Nations aboriginal and treaty rights hasnt

changed the colonial relationship between First Nations and Canada, which is set out

Crown-First Nations Gathering: The Beginning or the End

Inside this issue:

FIRST NATIONS STRATEGIC BULLETIN

JUNE-DECEMBER 2011VOLUME 9, ISSUES 6-12

Harper & FNs Summit 1

RCMP Spying 8

Occupy(ed) Canada 12

NAOs & Con Partnership 15

AFN Natl Chief 18

PMO Press Release 20

Prime Minister Harper meeting with AFN National Chief Atleo, inOttawa December 1, 2011. (Photo by Reuters/Chris Wattie)


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in the Indian Act and section 91(24) of the Constitution Act 1867.

The continuation of the colonial status quo was dramatically illustrated with the eruption ofthe so called Oka crisis a Mohawk land rights conflict of 1990, which occurred just

weeks after the SCC Sparrow decision on the meaning of section 35 was issued by thecourt. The Oka Crisis led to the Quebec government using a provision of the National

Defense Act to call on the government of Canada to send in the Canadian Army to restoreorder.

Using its asserted sovereignty and exclusive legislative authority over Indians and landsreserved for the Indians, the federal government has taken the position that if First Na-

tions want out of the Indian Act then they must negotiate under terms Ottawa has dictatedin its land claims and self-government policies.

These policies are based upon Ottawas asserted position that section 35 has no legal or

political meaning except what Ottawa agrees to with a First Nation through an agreementand/or legislation that conforms to the land claims and/or self-government policies. Recent

examples of such agreements are the Tsawwassen and Maa-nulth in British Columbia

and the New Dawn agreements in Labrador.

Under these dictatorial land/claims/self-government agreements the so calledreconciliation between the Crown and First Nations is essentially a requirement for First

Nations to surrender to Crown sovereignty/jurisdiction/laws and accept becoming ethnic

Aboriginal Canadians.

Red or Blue Governments the Plan Remains the Same

As the more astute observers of contemporary federal First Nation policy know that for thelast 43 years the trend of the federal government has been to develop policies and practic-es designed to assimilate First Nations through the termination of their collective rights, the

following are some of the highlights:

the Liberals 1969 White Paper on Indian Policy,

the Liberals 1973 Land Claims Policy,

the Conservatives Buffalo Jump Plan of the 1980s,

the Liberals 1995 Aboriginal Self-Government Policy,

the Liberals proposed 1997 Indian Act amendments,

the Liberals proposed 2003 First Nations Governance Act,

the Liberals 2005 Kelowna Accord, and

now Harpers Plan for Canada, the federal approach is to focus on individual rights

through legislation to incrementally eliminate First Nations collective rights.

It was a federal Liberal government who introduced the term Aboriginal Canadians to

lump First Nations issues in with the Metis, Inuit and urban Aboriginal issues in a pan-Aboriginal approach, in order to water down the legal and political status of First Nationsin Canada. The term was coined by the federal bureaucracy to focus more on Canadiancitizenship and less on Indian Status. This is one of the main tenets of the Liberals 1969

White Paper on Indian Policy and their 1995 Aboriginal Self-Government policy, whichis being applied to First Nations whether they are at a negotiating table or not.

The Liberals 2005 Kelowna Accord was based upon a pan-Aboriginal assimilation ap-proach, which separated programs and services issues from First Nations Aboriginal and

Harper Meeting continued from page 1

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reconciliationbetween the

Crown and

First Nations isessentially arequirement

for FirstNations to

surrender toCrown

sovereignty/jurisdiction/

laws andaccept

becomingethnic

Aboriginal

Canadians

Face-Off during so calledOka crisis in 1990

Cover of the Liberals 1969White Paper on Indian

Policy


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Treaty rights.

Harpers Plan for Canada Includes First Nations Extinction

Now, six years after the failed Kelowna Accord, one of the first actions Conservative PrimeMinister Harper took after receiving his majority mandate this spring was to rename theMinister/Department of Indian Affairs as the Minister/Department of Aboriginal Af-

fairs.

Re-organizing the federal Department to focus on Aboriginal Affairs, fits with the Con-

servative legislative agenda to impose federal standards over water quality on-reserve;Indian status and band membership; matrimonial property on-reserve, First Nations ac-countability and reportedly still to come, private ownership on-reserve.

In addition to incrementally eliminating First Nations collective rights by focusing on indi-

vidual rights, the Harper government has also abandoned its fiduciary and Treaty respon-sibilities to protect First Nations rights and interests to lands and resources on AboriginalTitle and Treaty territories from further encroachment by the provinces.

In 2004, the Supreme Court of Canada issued its Haida and Taku River Tlingit decisions

followed by the Mikisew decision. These court decisions set out legal principles andguidelines that the Crown governments are directed to follow as a Duty to Consult and

Accommodate First Nations when a proposed development project or activity takes placeon Aboriginal Title or Treaty lands and may affect First Nations rights and interests.

According to the courts, the Crowns Duty to Consult and Accommodate doesnt apply topast impacts, only current and planned projects and activities on lands in Canada subjectto Aboriginal and Treaty rights.

The Harper government has taken the position in its March 2011 Federal Aboriginal Con-sultation and Accommodation policy guidelines for federal officials that the federal

Duty to Consult is limited only to federal projects and activities that may affect Aborigi-nal and/or Treaty rights. However, under Canadas constitution it is the provinces that have

jurisdiction over matters like hydro, mining, forestry, wildlife, tourism, land-use planning,zoning, etc.

The Harper government has abandoned First Nations to deal with the provinces on theirown and many of the provinces have developed consultation policy & processes for First

Nations to participate in when development occurs on their traditional lands.

Unfortunately for First Nations the provincial consultation processes are largely designedto place the burden on a First Nation not only to prove their land/resource rights but alsoto prove the impacts a provincially or third party proposed project or activity will have ona First Nations rights or interests. The province then gets to unilaterally interpret whether

or not it has fulfilled the Duty to Consult or the Duty to Accommodate and consequentlywhether or not the proposed project or activity will proceed or not. Provincial funding for

First Nations to properly assess consultation requests is not sufficient for the job.

The federal land claims and self-government policies are no real help for First Nations ei-ther since the federal objectives under these policies are to extinguish First Nations landrights, subordinate First Nations Aboriginal and Treaty rights to third party interests andgive provinces a veto in the negotiations over matters affecting provincial areas of jurisdic-tion. The federal government doesnt even have a clear policy on historic Treaties except

the land claims & self-government policies.

The Harper government is basing Canadas economic recovery largely on natural re-source extraction while abandoning First Nations to the provinces to address outstandingland and resource rights. The Harper government is also using First Nation collaborators


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The Harpergovernment isbasingCanadas

economicrecoverylargely onnaturalresourceextractionwhileabandoningFirst Nations tothe provincesto address

outstandingland andresourcerights

VOLUME 9, ISSUES 6-12

Osoyoos Chief ClarenceLouie, Chair, National Abo-riginal Economic Develop-

ment Board


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with their own personal self-interests to promote a focus on jobs and business develop-

ment while ignoring Aboriginal and Treaty rights.

The private sector is already recruiting First Nations partners, one of the more high profile

examples is former AFN National Chief Phil Fontaine, who is an advisor to the RoyalBank, a Tar Sands investor, as well as, Ogilvy, Renault, a law firm that not only has for-mer Prime Minister Brian Mulroney as a partner, but the law firm is huge with an inter-national reach representing natural resource companies who are coveting First Nationlands and resources.

The federal and provincial governments are taking advantage of the burden of proof thecourts have placed on First Nations to prove their Section 35 Aboriginal and/or Treatyrights and to prove the impacts on those Aboriginal and Treaty rights by Crown authorizedprojects and activities.

The costs of collecting the evidence to meet the legal tests of proving section 35 Aborigi-nal/Treaty rights, sustaining the constitutional challenges in court, as well as, advancing

and protecting section 35 rights is prohibitive for most First Nations.

The federal strategy, whether a Liberal or Conservative government, is to cap and/or re-duce spending for programs and services on reserve, including social housing to make theon-reserve social and economic conditions so bad that the First Nations peoples will beencouraged to either move off-reserve to towns or cities and become a provincial socialand fiscal responsibility, or the First Nations peoples will accept becoming employed aslow level employees in the natural resource or other sectors occurring on their traditionallands, including mega-projects.

Of course, the final solution for the federal government is to coerce First Nations to signland claims/self-government agreements that will convert Indian reserves into ethnic mu-nicipalities.

Meanwhile, the provinces continue to assume the exclusive ownership of the natural re-sources and take the lions share of the royalties and taxes along with the federal govern-

ment.

The situation atAttawapiskat is a good case in point of federal neglect of a reserve, whichis in the shadow of a multi-billion diamond mine development on their traditional territorythat apparently provides Attawapiskat little real benefits from a revenue sharing agree-ment negotiated with the company. There are many other examples like this across Cana-da.

First Nations Weakened by Dependency on Federal Transfers

Going into the meeting with the Prime Minister, the First Nations are at a disadvantage be-cause of their dependencyliterally from cradle to graveon federal fiscal transfer pay-ments for almost all programs and services, including land claims and self-governmentnegotiation costs.

As the federal government moved from having federal Indian Agents on each reserve,

starting in the 1970s, the federal government devolved the administration of programsand services to Indian Band Councils and Indian associations.

From the 1970s until now a managerial class has been created amongst First Nations andFirst Nation organizations as a result of the federal fiscal transfer arrangements. Some referto this managerial class as a First Nations Public Service, right-wing critics call it the

Aboriginal industry.

This First Nations management class consists of local Band Chief and Councils. Along withthe executives of Tribal Councils, Provincial-Territorial Organizations (PTOs) and theAs-

sembly of First Nations, as well as, other National Aboriginal Organizations.


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The Harper

government is

also using First

Nation

collaborators withtheir own

personal self-

interests to

promote a focus

on jobs and

businessdevelopment

while ignoringAboriginal and

Treaty rights

Phil Fontaine, advisor toRoyal Bank & Ogilvy

Renault (Photo courtesyof Ogilvy Renault)

The ulu, feather and sash are

symbols of Inuit, First Na-

tions and Mtis peoples.

Together in this stylized ad-

aptation, the three symbolsrepresent the spirit and inte-

gration of cultures, the entre-

preneurial energy and abil-

ity of Aboriginal people in

Canada and the shared pur-

pose and vision of the Mem-

bers of the National Aborig-

inal Economic Develop-

ment Board.


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The First Nations management class goes beyond the leaders to include the staff, advisors,lawyers from the band office level, the tribal council level, the regional organization level

to theAssembly of First Nations level.

The First Nations management system is a form ofindirect rule over First Nations by thefederal bureaucracy and governing party in Ottawa, since the First Nations managementclass are accountable to Ottawa, not their own peoples for how the federal funding is spentand accounted for. Implicit in this arrangement is, the First Nations management class isexpected to manage the discontent of their impoverished members.

Any First Nation or First Nation Organization who spends beyond their federally trans-ferred budgets and goes into a deficit are subject to being placed into either co-management, or the more extreme measure of third party management. The federal gov-ernment can put a First Nation into third party management even if they are not in deficit as

the then Minister of Indian Affairs, Robert Nault, did to Pikangikum back in the 1990s.

Virtually all of the First Nation representatives attending the Crown-First Nations Gather-

ing are dependent on continued federal funding not only for programs & services, but alsofor participating in land claims and self-government negotiation processes.

Many of the First Nations representatives will likely be in attendance in an attempt to curry

favour with Prime Minister Harper, despite the Harper governments obviously hostileapproach towards First Nation Aboriginal and Treaty rights.

Indeed, some First Nations politicians attending the Crown-First Nations Gathering willlikely be seeking to replace the currentAFN National Chief, Shawn Atleo , since theAFN

election for National Chiefis scheduled for July 2012 in Toronto.

Prime Minister Harper is no doubt aware of the upcoming AFN election and he may factor

this into his decision about the outcomes of the Crown-First Nations Gathering, if any,maybe Michael Wernick, Deputy Minister of Aboriginal Affairs, is already talking to

AFN National Chief Atleos rivals and making recommendations to his superiors in thisregard, since Deputy Minister Wernick routinely interferes into First Nation politics as he

decides who gets funding and who doesnt.

After all, it wouldnt be the firstAFN election that the federal government interfered in,back in 2003, I remember the then Minister of Indian Affairs, Robert Nault, sending amessage through the editorial board of the Saskatoon Star Phoenix, saying, My adviceto the AFN and the leadership is to send somebody we can work with around the table.

This statement was intended to undermine the campaigns of thenAFN National Chiefcandidates, Matthew Coon-Come and Roberta Jamieson who were promoting a rightsbased agenda. However, in apparent lock-step with the then federal Minister of Indian

Affairs, Robert Nault, many Chiefs voted for Phil Fontaine in that election.

We shall see if there is any evidence of federal interference in theAFN election this timearound.

In any case, the upcoming Crown-First Nations Gathering is taking place just as the fed-eral government is implementing a 5-10% spending reduction across all federal depart-

ments, including the Department of Aboriginal Affairs and is reportedly preparing formore spending cuts in the upcoming federal budget scheduled for this spring.

At least the Crown-First Nation Gathering will not be a watered down pan-Aboriginalmeeting, but will serve to see what, if any, joint policy reform and spending commitmentsfor First Nations will be made by the Harper government coming out of this meeting.

Preparing for the Crown-First Nations Gathering

To the credit ofAFN National Chief Atleounlike his Liberal friendly predecessorPhilFontaine,AFN National Chief Atleo has taken a non-partisan diplomatic approach todealing with the federal government by talking to all federal political parties in Parliament.


Page 5

The FirstNationsmanagementsystem is aform of

indirect ruleover FirstNations by thefederalbureaucracyand governing

party inOttawa, sincethe FirstNationsmanagementclass areaccountable toOttawa, nottheir ownpeoples


Michael Wernick,

Deputy Minister of thefederal Department of

Aboriginal Affairs

HQ, federal Departmentof Aboriginal Affairs,

National Capital Region


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This approach was good for a minority Parliament, but facing a majority Conservative gov-

ernment for the next three and a half years likely requires a different strategy by First Na-tions andAFN National Chief Atleo, although working with the opposition parties willcontinue to be important for First Nations.

According to National Chief Atleos December 23, 2011, Bulletin, there is no agenda de-veloped yet for the January 24th Crown-First Nations Gathering, but there is a four part

framework for agenda development, which are:

Part One: Ceremony reflecting and affirming the enduring relationship between First

Nations and the Crown as well as confirming the heritage and future of Indigenous peo-

ples as fundamental to Canadian reality, identity and culture.

Part Two:Addresses by First Nation and Crown leadership.

Part Three:Concurrent sessions on agreed-upon topics to maximize opportunity forsubmission for the First Nation delegations to present its views and to dialogue with

members of Cabinet, caucus and federal officials as designated. The themes for the

sessions would include:

Strengthening the Relationship and Enabling Opportunities (Treaties, rights,

governance, jurisdiction, title, etc.)

Unlocking the Potential of First Nation Economies (economic development,

partnerships, land issues)

Realizing the Promise of First Nations Peoples (education, health, safe and

secure communities, etc.)

Part Four:Summary to conclude concurrent session and setting a forward looking

agenda.

The location hasnt been finalized as of this writing, but it is to be in the National CapitolRegion with participation being open to Chiefs.

Re-Setting the Relationship

Going into the Crown-First Nations Gathering, National Chief Atleo has called for a re-set of the relationship between the Crown and First Nations, which he describes as fol-

lows:

Resetting the relationship requires us to come together, as our ancestors did in the past,

to talk about how to work together to move forward. Weve called for a First Nation-

Crown Gathering as a key forum for this discussion, hearkening back to that original

relationship but looking squarely to the future. The Prime Minister has signalled his

openness to convene such a gathering this winter.

We must work out the details together, but we envision a delegation of representative

First Nations and the Crown, now embodied by the Prime Minister and his key minis-

ters. Our goal is to establish concrete dialogue on joint plans and priorities, clarify re-

sponsibilities and clear away red tape so real progress and prosperity can take hold and

flourish.

These are all things Canadas former auditor-general said are essential. She made

many useful recommendations that can inform our work, but the overarching one is for

Canada and First Nations to work together.

This is our goal, and we see it as the hallmark of a new relationship that will lead to a

stronger, more prosperous Canada for all Canadians. Were not trying to turn back the

clock. We want to reset the relationship on its original foundation of mutual recognition,

mutual respect and partnership.


Page 6


facing amajorityConservative

government for

the next threeand a half years

likely requires adifferent

strategy by First

Nations andAFN

National Chief

Atleo, althoughworking with the

oppositionparties will

continue to be

important for

First Nations

Integrated Security En-

forcement Team (INSET).

An Algonquin protesterin Ottawa against theHarper government.


7/20

Ultimatums and guilt dont motivate real change or action. Understanding and address-

ing the threats to Canadas competitiveness and the barriers to development and jobs

should concern everyone. The failure to act in the past has exacerbated dependency and

cost the Canadian economy.

Resetting the relationship and affirming First Nation rights and First Nation government

responsibilities to their people can unlock economic potential and generate significant

and essential opportunity for all Canadians.

Hopefully, National Chief Atleo and the other First Nation representatives in attendance atthe Gathering, will press hard for real recognition of First Nations Aboriginal and Treatyrights by achieving agreement on a joint federal-First Nations process for fundamentalreform of the federal land claims and self-government policies.

Without achieving a commitment to real recognition of the section 35 constitutionally pro-

tected Aboriginal and Treaty rights from Prime Minister Harper, then the Gathering maywell be the beginning of the end of the collective rights of First Nations and the gradualextinction of First Nations legal and political status will continue.

A majority Conservative government can do a lot of damage to First Nations in the nextthree and a half years, look at the crime bill they just passed and the implications for FirstNations.

Prime Minister Harper obviously expects some resistance from First Nations to his naturalresource economic recovery plans since his government has apparently increased spying

on First Nations and their supporters. Also his handling of theAttawapiskat situation indi-cates he will use all of the federal tools he has to crush those who oppose his agenda.

It is unlikely much will come out of the Crown-First Nations Gathering other than a com-mitment to a process on identified issues, but if the process is not substantial then it justbecomes a photo-op and buys time for the Harper government to say that the problems of

conditions on-reserve likeAttawapiskat are being looked after.

In the end, re-setting the rela-

tionship with Crown governments

will likely fall to First Nations peo-ples themselves. Why should thefederal and/or provincial govern-ments change the relationship?The Crown governments are theones who are benefiting from sto-len First Nation lands and re-sources.

Paying out billions a year to main-tain First Nations in poverty is

cheaper fiscally and politicallythan negotiating a redistributionof the wealth and power in Cana-da, which First Nations are owed.

The only real way to implement

the United Nations Declarationon the Rights of Indigenous Peoples is for Indigenous Peoples to lead the way by learn-ing about the articles in the UN Declaration and exercising their Aboriginal and Treatyrights on the ground both on and off-reserve. Since the future belongs to the youth thenthey should get involved or simply let their rights die off and accept just being Aboriginal

Canadians, which is part ofHarpers Plan for Canada.

Harper Meeting conclusion from page 6

Page 7

A majorityConservative

governmentcan do a lot ofdamage to FirstNations in thenext three anda half years,look at thecrime bill theyjust passed andtheimplications forFirst Nations


John Duncan, Minister ofAboriginal Affairs Canada.

AFN National Chief Shawn Atleo during the UN Permanent

Forum on Indigenous Issues in NYC, April 2010. (Photo by R.Diabo)


8/20

By Tim Groves/Martin Lukacs

The federal government created a wide-ranging surveillance network in early2007 to monitor protests by First Nations,including those that would garner na-tional attention or target critical infra-structure like highways, railways and

pipelines, according to RCMP docu-ments obtained through access to infor-mation requests.

Formed after the Conservatives came to

power, the RCMP units mandate was to

collect and disseminate intelligenceabout situations involving First Nations

that have escalated to civil disobedience and unrest in the form of protest actions.

According to an RCMP slideshow presentation from the spring of 2009, the intelligenceunit reported weekly to approximately 450 recipients in law enforcement, government,

and unnamed industry partners in the energy and private sector.

ARCMP spokesperson said the unit was never considered permanent and that last yearit was dismantled as it was determined to be no longer needed by its clients. But the

Mounties cant say if the work is continuing in the field.

Since the dismantling of the Aboriginal JIG [Joint Intelligence Group], the work doneby the JIG is no longer performed at RCMP HQ Criminal Intelligence [CI]. However, we

cannot confirm that RCMP divisions are not performing Aboriginal JIG activities under

another name of program.

An annual Strategic Intelligence Report, dated June 2009, indicates the surveillance atthe time focused on eighteen communities of concern in five provinces across the coun-

try. These included First Nations in Ontario such as Kitchenuhmaykoosib Inninuwug(KI),Ardoch, Grassy Narrows, Six Nations and Tyendinaga, which have made headlinesover the last few years for road and railway blockades and opposition to mining and log-ging on their territories.

The report states that the causes of unrest are common issues that could seriously im-pact Aboriginal peoples across the countryissues such as poverty, lack of funding for

child and family services, and disputes over sovereignty, resource extraction and environ-

mental concerns.

The so-calledAboriginal JIG that gathered the surveillance was run by the RCMP Crimi-nal Intelligence branch and the RCMPs National Security Criminal Investigations(NSCI), which has teams of officers in strategic locations across the country that deal with

threats to national security and criminal extremism or terrorism.

It billed itself as a central repository of information about First Nations protest activities,assisted by an extensive network of contacts throughout Canada and internationally

and an undisclosed number of field operatives acting as its eyes and ears.

The list of private sector businesses receiving weekly reports was chosen by the RCMPNSCI's Critical Infrastructure program, though the RCMP refused to share any of theirnames. Businesses also provided the intelligence unit with information about "current

criminal threat environment for their facilities," according to the RCMP spokesperson.

Its yearly strategic intelligence report identifies individuals who are causes of concernto public safety, but any mentions of individuals were redacted in the copy obtained via

RCMP Spied on Protesting First Nations:Intelligence

Unit Collaborated with Partners in Energy & Private Sector

Page 8


The federalgovernmentcreated a wide-rangingsurveillancenetwork in early2007 to monitorprotests by FirstNations,including those

that wouldgarner nationalattention ortarget criticalinfrastructure

like highways,railways andpipelines

RCMP Logo

RCMP HQ, Ottawa, Ontario.

An RCMP special unit has been spying on First Na-tions engaging in protests and civil disobedience,such as those in this picture, KI leadership.


9/20

access to information.

News of this RCMP surveillance comes on the heels of revelations that theAboriginal Af-fairs ministry has spied on Cindy Blackstock, a long-time advocate for aboriginal chil-dren. In October it was also revealed that the Canadian military is keeping tabs on Aborig-inal organizations. Alongside Aboriginal Affairs on-going hot spots surveillance, it sug-

gests a massive, coordinated scaling-up of surveillance of Aboriginal peoples by the Har-per government.

According to a previously obtained copy of a RCMP presentation to theAboriginal Af-fairs Ministry in March 2007, the vast majority of the monitored protests and actionsare related to lands and resources, and most are incited by development activities on

traditional territories of First Nations.

As Canada has undergone a shift towards a more resource and especially energy based

economy, industry has come increasingly into conflict with Aboriginal communities whoclaim rights over many of the lands exploited for mining, forestry and oil, and often opposesuch development for environmental reasons.

The Mining Association of Canada has noted in a publication that [m]ost mining activi-ty occurs in northern and remote areas of the country, the principal areas of Aboriginal

populations.

The spectre of heightened Aboriginal protest has become a source of anxiety for govern-ment and industry.

An RCMP presentation to CSIS from April 2007 states, There is a growing concernamong high-level governmental officials and the policing community about the poten-

tial for unrest in Aboriginal communities, and an increasing sense of militancy among

certain segments of the Aboriginal population.

Recent political stand-offs have proved this concern to be prescient.

A high-profile $5.5 billion Enbridge pipeline that would carry tar sands oil to the Pacificthrough northern British Columbia has hit a wall of Indigenous opposition, whoseconstitutional and legal position former Cabinet minister Jim Prentice has calledvery strong. In the same province, the Tsilhqotin Nation have to date blocked the con-

troversial New Prosperity gold and copper mine, which would have turned a lake theyconsider sacred into a tailings dump.

In northern Ontario in 2008, the KI First Nation prevented Platinex from establishing aplatinum mine on their traditional territory; Platinex's mining claim was eventually

bought out for $5 million by the McGuinty government.

When shown the RCMP documents, KI Chief Donny Morris expressed surprise and saidhe and his community were "insulted", remarking that there is nothing extreme about

protecting their territory.

Morris and five of his councillors served more than two months in jail for peacefullyblocking Platinex, before an Ontario Court of Appeal released them and directed theprovincial government to negotiate with the First Nation.

Protecting the land is a mandate from the Creator that we must fulfill physically andspiritually, he said. There is no reason to make us into criminals just for protecting

what we believe in.

Although the Strategic Intelligence Reports profile ofKI is heavily redacted, as with allthe communities of concern, it states that KI First Nation remains committed to en-suring their concerns related to the impacts of mining and forestry are addressed by the

Ontario government and possible future disputes could result in blockades and

RCMP Spying continued from page 8

Page 9

Canada hasundergone ashift towards amore resourceand especiallyenergy basedeconomy,industry hascomeincreasinglyinto conflict withAboriginalcommunitieswho claim rightsover many ofthe lands

exploited formining, forestryand oil, andoften opposesuchdevelopment forenvironmentalreasons


Tar Sands Protest on Parlia-

ment Hill, Sept. 2011 (Photoby R. Diabo)

RCMP arresting Oil Sandsprotesters.


10/20

demonstrations.

The Strategic Intelligence Report notes that environmental concerns often spark confron-tations with aboriginal communities: Mining, oil drilling, logging, garbage dumps, con-struction of dams, highways, and expanding the industries such as the oil sands can

produce permanent impacts on the land, resources and people.

The report makes mention of other legislation and policies that are a source of unrest,

including the Matrimonial Real Property Initiative currently being legislated by theConservative government, which it states will not address the real issues faced by some

Aboriginal families.

The documents indicate the government is aware of the harmful impacts of their poli-cies and actions, said Russell Diabo, an independent Aboriginal policy analyst whohas seen the RCMP documents. But when some Aboriginal communities are refusing to

accept these policies, the theft of their resources or pollution of their lands, the govern-ment [is] criminalizing them rather than resolving the human rights violations which

are the root of the protests."

While doing surveillance on selected First Nations, the RCMP unit also assessed the

unique opportunities for civil disobedience in 2010.

According to the report, theVancouver 2010 Olympics, Paralympics and torch relays,and the G20 summit in Toronto could be leveraged by Aboriginal communities and

groups who support Aboriginal issues to draw attention to outstanding issues and griev-

ances and to garner national and international attention.

These events, ongoing unresolved issues in many Aboriginal communities, and thepattern of convergence among activists groups, contribute to increased uncertaintyand concern and the potential for large numbers of protestors attending these major

events, and the potential for violence and criminal acts.

One of the central tasks of the RCMP intelligence unit was to closely monitor protestsagainst critical infrastructureblockades of highways and roads, and demonstrations,

protests, or gatherings concerning energy sector development.

The 2009 strategic intelligence report states that it assesses acts outside the category of

legitimate dissent.

In what may be a pitch to the private sector, the RCMP slideshow presentation states thattheAboriginal intelligence unit can "alleviate some of your workload as we can helpidentify trends and issues that may impact more than one community." It can also"provide information on activist groups who are promoting Aboriginal issues within

your area."

The JIG was an essential tool that helped us gather information to understand if in factcritical infrastructure was at risk in certain areas, the RCMP spokesperson wrote in an

email. This in turn helps the RCMP attain its goal of safe homes and safe communities,which includes Aboriginal communities.

The communities of concern were chosen based on such potential factors as militants

operating within the community," threats against critical infrastructure, externalinfluences like activists groups, government policies, [and] major events, and a

history of violence.

But the documents note that within the last 12 months, no violent acts occurred, andthat "overall, occupations and protest in Canada associated to Aboriginal communities

have experienced low levels of violence."

The yearly report lays out infrastructure in proximity to First Nations by province. Though

RCMP Spying continued from page 9

Page 10


One of thecentral tasks of

the RCMPintelligence

unit was toclosely

monitorprotestsagainst

criticalinfrastructure

blockades

of highwaysand roads, anddemonstrations, protests, or

gatheringsconcerning

energy sector

development

Hydro towers.

Enbridge Pipelines, Hard-

esty, Alberta


11/20

heavily redacted, it reveals an exhaustive detailing of protests targeting road, railways,

and pipelines, classifying them as "incidents."

This includes the targeting ofoil sands developments such as the legal challenges ofoilsands concessions on their territory undertaken by the First Nations of Fort Chipewyan

and the Woodland Cree.

In their report to CSIS, the RCMP acknowledge the risks posed by the targeting of infra-structure, mentioning the Mohawk community of Tyendinagas high-profile blockade ofthe CN rail line between Toronto and Montreal in the spring of 2007: The recent CNstrike represents the extent in [sic] which a national railway blockade could effect the

economy of Canada.

The federal government is afraid of First Nations disrupting the economy in order todemand their constitutionally-protected rights to lands and resources, said Diabo. So

when communities take action on the ground, the government is using the RCMP andsecurity agencies politically to control and manage First Nations and ensure they acqui-

esce to unjust legislation and policies or imposed negotiation process.

Documentsshow theAbo-riginal JIG anda separate

Joint Intelli-

gence Groupthat was set up

for the G8 andG20 summit in

Huntsville and

Toronto were

in contact witheach other upinto 2010. TheG8/G20 JIG,

which was re-cently reportedto have placedundercoverpolice officersin activistgroups formore than a

year, was one of the largest domestic intelligence operations in Canadian history.

Judging by the intensified surveillance initiated by the Harper government, there is

every reason to believe the RCMP is continuing its spying alongside other governmentdepartments, likely under another name, said Diabo.

__________________________________________________________________

Martin Lukacs is a writer and activist, and a member of the Dominion editorial col-

lective. Tim Groves is an independent researcher and journalist in Toronto.

[This article is reprinted from Media Co-op.]

The original version of this article appeared in the Toronto Star.

RCMP Spying conclusion from page 10

Page 11

Judging by theintensifiedsurveillance

initiated by the

Harper

government,

there is every

reason to

believe the

RCMP is

continuing its

spyingalongside other

government

departments,

likely under

another name


National Day of Action Indigenous Peoples march in Toronto, June 24, 2010. (Photoby R. Diabo)


12/20

By Shiri Pasternak

As the DND spies on the activitiesof Indigenous organizations, it isapparent that the questions atstake are not that of security butof Indigenous protest and landreclamation.

The political economy of Canadarests on claims of ownership to alllands and resources within ournational borders. So, what in con-crete terms, does it mean to talk

about Occupy(ed) Canada [1] toexpress the demands of the 99

per cent?Last week, the Globe and Mailreported that the CanadianForces' National Counter-

Intelligence Unit has been keeping tabs on the activities of Indigenous organizations.While the Department of National Defence -- the unit that released the surveillance doc-uments -- is tasked with protecting citizens from espionage, terrorists and saboteurs, the

content of these co-intel reports do not contain a single shred of evidence that Canadians'safety is at stake. In fact, what these surveillance reports starkly reveal is that the self-determination, well-being, and territorial heritage of Indigenous peoples are at the heartof Indigenous protest and land reclamation.

Even Indian and Northern Affairs Canada (INAC) confirms this observation. In a 2007presentation to the RCMP [2], Indian and Northern Affairs Canada (INAC) states that"the vast majority of Hot Spots" of so-called Native unrest are "related to lands and re-

sources," with most conflicts "incited by development activities on traditional territo-ries." It seems, in other words, that "Native unrest" is largely a euphemism for bands that

are protecting their lands from ecological damage, or in the case of land claim disputes,from dispossession. More broadly, "Native unrest" has become a rhetoric of dismissal for

the struggle to exercise inherent Indigenous rights.

So why is the Department of National Defence spying on Indigenous communities inCanada?

It is the fear of economic disruption that is driving Canada to spy on Indigenous peoples.Moreover, in recent years, it has become the fear of an exceedingly more dangerous riskto business-as-usual in this country than paranoid phantoms of espionage. It is the fear of

Aboriginal Title.

Since 1997, Indigenous politics in Canada have unfolded against a changing landscape of

economic consequence. In that year, the Supreme Court of Canada recognized in Del-gamuukw v. British Columbia that Aboriginal Title is the collective proprietary interestof Aboriginal peoples in their unceded traditional territories. Therefore, wherever treatieshad not been signed, Aboriginal proprietary rights underlie provincial, federal, and pri-

vate property lands.

And in addition to unceded or unsurrendered lands, asArthur Manuel and Nicole Scha-bus pointed out in an article in Chapman Law Review in 2005, "Many Indigenous Peo-

ples argue that the 'spirit and intent' of the treaties also ensures Indigenous control over

their traditional territories."

Unceded and treatied lands cover a massive amount of territory in Canada from coast tocoast, translating into significant uncertainty for industry and government. There is no

Occupy(ed) Canada: The Political Economy of

Indigenous Dispossession in Canada

Page 12


It is the fear of

economicdisruption that is

driving Canada tospy on

Indigenouspeoples.

Moreover, inrecent years, it

has become thefear of an

exceedinglymore dangerousrisk to business-

as-usual in thiscountry than

paranoidphantoms of

espionage. It isthe fear of

Aboriginal Title

RCMP converted APC for

police use in B.C.

Police grab a protester as Algonquins of Barriere Lake block

highway 117 in Western Quebec.

Haida Chiefs at SupremeCourt of Canada in 2004.

(Photo by R. Diabo)


13/20

question that the active defence of Indigenous rights and lands has major economic conse-

quences for Canada. In 1990, INAC commissioned a study by Price Waterhouse on theeconomic value of uncertaintyassociated with Indigenous claims in B.C., for exam-ple. The report concluded that around $1 billion of capital expenditures involving up to1,500 jobs in the mining and forestry sectors would likely be affected by the land claimsprocess.

This problem is not going away. It is only intensifying with the current global scramble for

energy, minerals, oil and gas. Key natural resource projects cannot proceed without Indig-enous consent and cooperation. In the last few years alone, Kitchenuhmaykoosib Inni-nuwug shut down Platinex mining in northern Ontario Ojicree territory, 64 B.C. FirstNations threaten the development of the west coast Enbridge pipeline to the Pacific Coastfrom theAlberta tar sands, and local Tsilhqot'in Nation sank the Prosperity copper andgold mine at Fish Lake in B.C. Moreover, mega-projects like the Canadian Boreal For-est Agreement, Plan Nord in Quebec, and the Ring of Fire in northern Ontario, have allbeen hampered by the failure of ENGOs, government and industry to recognize the land

rights of Indigenous peoples.These developments are hardly new. Indigenous peoples have been on the geographicfrontier of capital accumulation for over 500 years of permanent resistance. Indigenouspeoples' labour and lands have shaped the political economy of Canada, from the time ofthe fur trade to bankrolling industrialization with their lands and resources, and today, byconfronting neo-liberal policy in the form of continental restructuring and intensified re-source grabs.

One example of the economic role of Indigenous lands historically and today can be foundin the case of railways, to which Canada maintained a pre-emption right to clear Indige-nous lands, and that facilitated the industrial pathways for capitalist development. Over ahundred years later, authorities have become well aware of the risky correlation betweenIndigenous lands and the steel rails that cross the country from coast to coast. In an RCMP

briefing to CSIS on operational responses to Aboriginal occupations and protest, theRCMP warn: "The recent CN strike [referring to the Tyendinaga Mohawk rail blockadesin April 2007] represents the extent in which a national railway blockade could effect the

economy of Canada."

In addition to these massive expanses of treaty areasand unceded traditional territories, Indigenouslands were historically fragmented into isolated andremote reserves by successive colonial administra-

tions. There are over 2,600 Indian reserves acrossCanada today. This forced settlement resulted in aunique spatial phenomenon that unwittingly placedIndian reserves on the frontier of vital national andregional boundaries: frontiers, for example, for nat-ural resource extraction [3], suburban development,[4] military training grounds [5], oceans and in-land

waterways [6], state borders [7], and energy gener-ation. [8]

Despite their wealth in land and resources, economic racism prevents Indigenous peo-ples from obtaining financial benefits from their traditional territories. Their proprietaryinterests have been largely ignored and Aboriginal Title is extinguished through the landclaims settlement process. Chronic under-funding of reserves has deepened the gap

formed by deprivation from traditional subsistence economies due to land loss and eco-logical deterioration. The Royal Commission on Aboriginal Peoples (RCAP) commis-sioner stated in 1996 that "current levels of poverty and underdevelopment are directlylinked to the dispossession of Indigenous Peoples from their lands and the delegitimiza-

tion of their institutions of society and governance."

Occupy(ed) continued from page 12

Page 13

Indigenouspeoples havebeen on thegeographicfrontier of capitalaccumulation for

over 500 years ofpermanentresistance.Indigenouspeoples' labourand lands haveshaped thepolitical economyof Canada, fromthe time of the furtrade tobankrollingindustrialization

with their landsand resources,and today, byconfronting neo-liberal policy inthe form ofcontinentalrestructuring andintensifiedresource grabs


RCMP Tactical Officer.

RCMP Tactical Unit.

Shawn Brant blocking CN rail in 2006.


14/20

In addition to systemic impoverishment, and where Indigenous populations join the 99 per

cent, austerity programs attack the weakest first. Murray Angus, in his slim but criticalbook, "And the Last Shall be First: Native Policy in an Era of Cutbacks," gives three main

reasons for why Indigenous people are the first ones out of the social security boat whenausterity programs roll around: (1) funding -- money for Indigenous people comes fromthe 'social envelope,' which is under attack; (2) demographics -- Indigenous peoples arethe fastest growing population -- so even maintaining programs is expensive; (3) and rac-ism -- white people will look after their own first.

The government has been doling out austerity programs to Indigenous peoples for dec-ades by downloading their responsibilities onto provincial and territorial governments, as

well as through bogus self-government policies. But as bureaucrats cast around for deepcuts that Harper has demanded, austerity measures will trim whatever is left in Aboriginal

budgets that cannot be tied down. In 2010, theAboriginal Healing Foundation lost fund-ing, an organization that financed community-based programs to address abuse suffered at

residential schools. That same year, Harpers' Conservatives cut funding to the Sister in

Spirit research project that brought to light hundreds of cases ofmissing and murderedIndigenous women. Most recently, Department of Aboriginal Affairs Minister JohnDuncan announced upcoming budget cuts to his department amounting to a $100 millionslash.

The wealth of the nation still depends fundamentally on land. Financial investment for re-source development projects is funnelled through the same banks protested against across

the U.S. and Canada, such as RBC Royal Bank that funds tar sands development onTreaty 8 lands. Global structural inequality can only be addressed then by questioningthe sources of authority by which resources are bought and sold. If you don't own it Cana-da, how can you give it away?

___________________________________________________________________

Shiri Pasternak is a writer and researcher living in Toronto. She is an active member

of Barriere Lake Solidarity [9] and the Indigenous Sovereignty and Solidarity Net-

work.Links:

[1] https://www.facebook.com/pages/Occupyed-Canada/222699701124676?ref=ts[2] http://www.mediacoop.ca/story/first-nations-under-surveillance/7434[3] http://www.barrierelakesolidarity.org/2011/05/mining-opposition.html[4] http://www.reclamationinfo.com/[5] http://webhome.idirect.com/~occpehr/campaigns/icie/[6] http://www.cbc.ca/news/canada/montreal/story/2011/03/08/pol-nuclear-mohawks.html[7] http://briarpatchmagazine.com/articles/view/a-border-runs-through-it[8] http://rabble.ca/blogs/bloggers/jim-quail/2011/02/first-nations-block-bc-hydros-power-line[9] http://www.barrierelakesolidarity.org[10] http://rabble.ca/user

[11] http://rabble.ca/user/register[This article was reprinted from Rabble.Ca, originally published on October 20,

2011.]

Occupy(ed) conclusion from page 13

Page 14


The wealth ofthe nation still

dependsfundamentally onland. Financialinvestment for

resourcedevelopment

projects isfunnelled

through the samebanks protested

against acrossthe U.S. and

Canada, such asRBC Royal

Bank that fundstar sands

development on

Treaty 8 lands

Canadian currency

RCMP EmergencyResponse Team.


15/20

By Dr. Pamela Palmater

The national Aboriginal organizations in Canada need to rethink their support of Conserva-tives as partners in anything but the cultural genocide of Indigenous Peoples.

I keep wondering, why is it that some of the national Aboriginal organizations (NAOs)continue to look the other way when the Conservatives show their true colours? There is asaying that goes: when someone tells you who they really are, you should listen. So, if aguy tells you on a date he doesn't want to settle down, you should not be surprised if afterdating him for several months that he does not want to get married.

In Canada, the Crown has not only shown its policy objectives through its legal and politi-cal actions, but it has made them very explicit in speeches, cabinet papers and writtendocuments. Canada's underlying objective in Indian policy is to "rid Canada of the Indian

problem" and to free up land for settlement and development. Even thejoint action plan

between Canada and theAssembly of First Nations (AFN) focuses on freeing up land to

"benefit Canadians."

Thus Indian law and policy has been based on the fact that Canada still sees the "Indianproblem" as temporary and that, despite apologies to the contrary, it views First Nations as

inferior and incapable of handling their own affairs. The age-old solution has been assimi-lation -- by whatever means. Historically, that meant scalping laws, small pox-infectedblankets, starvation, preventing hunting and fishing or leaving reserves, outlawing culture,

residential schools, and now legislated extinction in the Indian Act registration provisions,trying to change reserve lands to fee simple and imprisoning our men and women atalarming rates.

This has not changed over time, although we may have seen some political dancing aroundthe issue. Yet, none of us should be fooled or distracted by the dance. Canada's progresson relations with First Nations has taken a draconian step backwards with the Conserva-tives (Cons) in power. Some might say I am biased, but seeing as I don't belong to anypolitical party in Canada, nor do I make a habit of voting, I think my views are less biased

than most. I call it as I see it based on the Cons' individual and collective actions, deci-sions, positions and submissions.

I start with the Cons's appointment ofJohn Duncan as Minister of Indian and NorthernAffairs Canada (INAC now AANDC). Duncan had a history of being vigorously opposedto what he called "race-based" fishing. He saw First Nations as a races that did not deserve

to have their Aboriginal and treaty rights respected, despite their constitutional protection.

Then of course there is the fact that Tom Flanagan, the guy famous for advocating for theassimilation of Aboriginal peoples, was Harper's campaign manager and then his Chiefof Staff. For anyone who has not read First Nations? Second Thoughts or Beyond theIndian Act, Flanagan sees Aboriginal peoples as "primitive" and that "assimilation" has

to happen. Imagine the influence he would have had over the PM or his staffregardingAboriginal peoples. That might explain Harper's comment on the international stage that

there was "no history of colonization in Canada."

Then, there was MP Pierre Poilievre who, on the day of the residential schools apology,questioned whether the settlement was "value for money." One might think he is just a

lone radical, right-wing voice in the Conservative government were it not for MinisterDuncan's statement yesterday where he said that residential schools were NOT a form ofcultural genocide -- it was just negative to culture, not lethal.

Wow. Really? Do the Conservatives think we are all stupid? Upwards of 40 per cent of thechildren who entered residential schools never made it out alive. The express purpose of

residential schools was expressed by superintendent of Indian Affairs, Duncan Camp-

bell Scott:

"I want to get rid of the Indian problem Our objective is to continue until there is not a

National Aboriginal Orgnizations Need to Rethink

Conservatives as Partners

Page 15

Canada'sunderlying

objective in

Indian policy is to"rid Canada of

the Indian

problem" and to

free up land forsettlement and

development.

Even thejointaction planbetween Canadaand the

Assembly of

First Nations

(AFN) focuses onfreeing up land to"benefitCanadians


Tom Flanagan, fomer Har-per advisor.

Pierre Poilievre, askedif Residential School

Settlement was valuefor Money.


16/20

single Indian in Canada."

Even when residential schools became too controversial, they switched over to what isnow known as the '60s scoop, where children were taken from their parents, and instead ofbeing put in residential schools, they were adopted out permanently in non-Indian fami-lies. To believe that Indian policy and assimilation is a thing of the past is to be blind to the

current reality. To believe that it is not genocide ignores our own Criminal Code and the

United Nations own definition of genocide.

The Criminal code defines genocide as not just the murder of an identifiable group, butalso includes the creating of conditions that lead to their physical destruction. The UnitedNations includes the theft of children from an identifiable group. Canada's habit ofdeferring issues to study, deflecting issues by blaming First Nations or denying issues like

genocide are all strategic ways of allowing assimilation to continue.

This brings me back to my point. Some of our NAOs are working with the Conservativesunder the hopes of changing their minds. This reminds me of that saying again -- if some-

one tells who they are, you should listen. If a man continually beats his wife, the wife canexpect, with some certainty, that the man will beat her in the future, that the violence willlikely get worse, and may even result in her death. Why should we expect anything otherthan what the Conservatives have promised?

Look at the Conservatives election platform -- what was offered for Indigenous people ex-cept adult training in the north, the chance to sit on a hunting advisory panel (of mostly non-Indians) and to have input on a park in Rouge Hill. Who the heck asked for any of thatstuff? The core issues of sovereignty and jurisdiction, treaties, land claims and equitablefunding were all off the list. What they were saying is really: "We, the Conservatives, are

promising you nothing -- absolutely nothing, but you better be our willing partners or

maybe things will get worse." Thus, some of the NAOs have stopped representing our

interests, and have made decisions based on fear and organizational self-interest.

This is really frustrating for me as a grass-roots person. These organizations were all creat-ed to represent our interests politically and some of them have failed to do so by being co-opted by the endless funding dance where the Conservatives essentially say, "play nicewith us and we give you minor funding to keep your organization alive, but play against

and lose your funding." OK, that is a reality that sucks as we could really use some coordi-

nation, research and representation at all levels. However, acquiescing to our own extinc-tion -- legal or otherwise, is hardly a viable alternative.

Things like ec dev projects, consulting contracts and project funding are short-term gainsthat will result in long-term pains (loss of lands and legislated assimilation) and that is notin anyone's best interest.

Playing nice may win individuals Senate seats, Porsches or media fame, but it does little toprotect our people -- those who are suffering the most. Just because the Conservatives

think it is OK for our PM to live in luxury and travel the world, while poverty and home-lessness is rising in Canada, that does not mean that we as Indigenous governments shouldemulate that form of society.

Yet, time and again, some of us are shocked when we hear unbelievably racist comments

come from the Minister of Indian Affairs or PM Harper. Why the shock? They have toldus many, many times who they really are and how they really feel about our issues. Our

wishing it wasn't so won't change that. What we can change is whether or not we continueto prop up the Conservatives and their ludicrous ideas, or whether we stand togetheragainst it. There are other Canadians out there who see the benefit of a more equitable and

just society that lives in harmony with nature -- we have allies both home and abroad.

Our power has always been in our unity and our unity is what defeated theWhite Paper,what defeated the First Nations Governance Act and many other assimilatory plans andpolicies. Nothing has changed in the Conservative government except how they are going

NAOs & Cons continued from page 15

Page 16


To believethat Indianpolicy and

assimilation isa thing of thepast is to beblind to the

current reality.To believe that

it is notgenocide

ignores our

own CriminalCode and the

United

Nations own

definition of

genocide

United Nations Logo

Protesting the 60s scoop ofIndigenous children.


17/20

about our assimilation. Instead of proposing massive and immediate assimilation, they now have a more insidious plan

which accomplishes assimilation over a longer term through many different measures which appear neutral, but spellour demise. They also use our people as their spokespeople for assimilation under the guise of "progress" and they

distract us with red herrings so we don't see what is really happening.

Perhaps one bill won't result in our extinction, but if you look at the entirety of their plan -- disappearing Indian status,non-natives occupying reserve lands, turning reserves into fee simple for sale, provincially controlled education, lossof funding for languages, non-existent land claim resolution and delayed self-government, you see a very clear pat-

tern -- one that has not changed since Duncan Campbell Scott, theWhite Paper or Flanagan.

If they wait long enough, there will be no Indians left to negotiate self-government, exercise treaty rights or live on

reserves. Reserves will all be used for mineral development,Wal-Marts, or residences for non-Indians. When ourchildren look back at how this all happened, we will see the smiling faces of our national leaders shaking hands withCanada, promoting these things as "good for us." What our children will also see are organizations that used to exist

until Canada accomplished what it intended to do and then finally cut off funding for those national organizations.

In the words of Canada's own demographic expert, we will "author our own demise." So, instead of relying on the

naive hope that the Conservatives will do something good for us if we play nice and act as "willing partners," it's timeour national leaders grew a backbone and started representing us like our ancestors did -- with a sense of realism,foresight, and self-sacrifice. Otherwise, every time one of us, like Sharon McIvor, wins a small victory in the ongoingbattle against our assimilation, we will all lose when our national leaders make deals on her behalf and let the worldknow our rights are for sale.

I see a great future for our children if we take action today to protect them. I know it is possible to save our languagesand cultures if we refuse to submit to federal control. I see larger, stronger Nations if we make some short-term sacri-fice. I also see more empowered leaders if they would start relying on their people -- the grass-roots citizens whohave a great deal to offer. Leaders were never meant to go this alone, nor were our women, our children or our men.

We can turn around the number ofIndigenous kids in care, murdered and missing Indigenous women, over-incarcerated Indigenous men and grass roots Indigenous people who are disconnected from their communities andNations.

Canada through the Indian Act and its various Indian policies divided our Nations into small communities; dividedour communities between on and off reserve, member and non-member; and divided our families into Indians and

non-Indians. This is called divide and conquer and it is designed to make us think we are all alone in this struggleagainst oppression -- when in fact we are all in this together. There is nothing wrong with us as Indigenous people.We are not genetically inferior. This is not about a great system that once used to work and is now broken. The system

is working exactly how the colonizers designed it -- to facilitate our assimilation. While the worst culprit is the Con-

servative Party today, all Canadian governments have had their hand in Indian policy at one time or another.

We are strong as peoples and we are even stronger when we all work together. Every single one of us has a responsi-bility to stop the destruction of our people and our way of life. Our future is not for sale.

Write to your NAO and let them know how you feel. It's time they started taking their mandates from the people again.______________________________________________________________________________________

Dr. Pamela D. Palmater is a Mi'kmaw lawyer and member of the Eel River Bar First Nation in New Brunswick.

She teaches Indigenous law, politics and governance at Ryerson University and heads their Centre for Indige-nous Governance.Links:

[1] http://rabble.ca/taxonomy/term/18084

[2] http://rabble.ca/user

[3] http://rabble.ca/user/register[This article is a reprint from Rabble. Ca, is was originally published October 28, 2011.]

NAOs & Cons conclusion from page 16

Page 17



18/20

By AFN National Chief Shawn Atleo

The call to move beyond the Indian Actis not a response to the current situation

inAttawapiskat. It is a response to 150years of a failed system and failed out-comes for First Nation citizens and allCanadians. And its nothing new.

First Nations across Canada have long-advocated for the implementation oftreaty rights, an effective nation-to-nation relationship with the Crown andengagement in the decisions that im-pact our lives.

Reports and studies have highlightedproblems and made recommendations.

Former auditor general Sheila Fraser conducted more than 30 audits in a span of 10years, concluding that the situation for First Nations is actually worsening.

The bottom line is the current system does not work. The country has seen the faces of the

children inAttawapiskat, many of whom do not have warm beds to sleep in, clean water,food in their bellies or a school. Many of our people, especially across the North, live thisevery day.

We have a collective responsibility to respond to urgent needs. Beyond this, however, wehave more work to do together. First Nations want to move beyond Band-Aid approaches,and achieve long-term solutions.

In 2008, Canada made a commitment to reconciliation. This included an apology by Par-

liament for the Indian residential school system, the Truth and Reconciliation Com-mission. More recently, in 2010, Canada endorsed the United Nations Declaration onthe Rights of Indigenous Peoples. These are signals of a willingness for change and pro-

vides a guide for our work. Now the real work begins.

Overcoming decades of failed approaches will not come overnight, but through a system-atic approach we are and we will achieve significant change. First Nations are advancingclear plans in a number of priority areas. And, while no one individual, political party orgeneration created todays challenges, we must all come together to address them headon and move forward. This generation has the opportunity to achieve real change and realreconciliation.

It starts by resetting the relationship between First Nations and the Government of Canada.By fundamentally transforming the relationship between First Nations and the federal gov-ernment and First Nations and all Canadians, we can better ensure our people are support-

ed and empowered to reach their full potential and contribute to society as a whole.

First Nations continue to be the only citizens in this country whose rights, opportunities andaccess to services are denied or limited by legislation and lack of recognition. We must

work now to enable and empower First Nations to drive their own solutions. This meanscreating education and health systems that are stable, equitable and culturally relevantand recognizing and implementing First Nation rights to their lands and resources that willin turn create jobs and generate tremendous new partnership opportunities. And it meansensuring First Nations peoples are safe with access to clean drinking water and adequatehousing and infrastructure.

First Nation leaders from across Canada gathered last week in Ottawa, as we do twice a

A Moment of Reckoning

Page 18


while no oneindividual,

political partyor generationcreatedtodays

challenges, wemust all come

together toaddress them

head on andmove forward.

This

generation hasthe

opportunity toachieve realchange and

realreconciliation

AFN Logo

Attawapiskat Chief TheresaSpence, during press confer-ence in Ottawa, Dec. 6, 2011.

(Photo by R. Diabo)

Prime Minister Stephen Harper and AFN National ChiefShawn Atleo meeting in Ottawa on Dec. 1, 2011. (Photo

by Adrian Wyld/The Canadian Press)


19/20

year, to reaffirm a direction forward. While we stood in full support of our brothers and

sisters inAttawapiskat, we are also working hard to achieve a better day for our peoplesacross Canada. Our interest now is to continue this momentum and increase the rate andpace of positive change.

In education, weve seen the Mikmaq double high school graduation rates by steppingforward, taking full responsibility and nurturing their students to far better success. In

health, there is innovation advancing across the country as profiled at our recent nationalhealth summit and evidenced in a new agreement in British Columbia. First Nations arealso at the forefront of green energy and technology across Ontario and other regions.

Prime Minister Stephen Harpers commitment to the Crown-First Nations gatheringnext month is potentially the next important step in resetting the relationship and jointlydesigning a new system and approaches that work for our peoples and all Canadians. We

cannot lose another generation tinkering around the edges of a failed Indian Act. We musttogether seize this moment of reckoning to turn the page on a dark chapter of our history.Re-calling our original relations, our alliances of friendship and trade and our solemn com-mitments to one another made through ceremony and treaty is at the heart of all that we doand what we must do now together. A new chapter requires respect, mutual responsibility,and the commitment to deliver real results for our peoples and all Canadians.

[This article is reprnted from the Ottawa Citizen, originally published on December

12, 2011.]

Reckoning conclusion from page 18

Page 19

PrimeMinister

Stephen

Harperscommitment to

the Crown-First Nations

gathering nextmonth ispotentially thenext importantstep inresetting therelationshipand jointlydesigning anew system

andapproachesthat work forour peoplesand allCanadians


Attawapiskat Chief Theresa Spence addressing the AFN Special Chiefs Assembly in Ottawa on

December 6, 2011.


20/20

First Nations Strategic Policy Counsel

Orillia, Ontario

Phone: (613) 296-0110

E-mail: [email protected]

The First Nations Strategic Policy Counsel is a collection of indi-viduals who are practitioners in either First Nations policy orlaw. We are not a formal organization, just a network of con-

cerned individuals.

This publication is a volunteer non-profit effort and is part of aseries. Please dont take it for granted that everyone has theinformation in this newsletter, see that it is as widely distributedas you can, and encourage those that receive it to also distrib-ute it.

Feedback is welcome. Let us know what you think of the Bulle-tinRussell Diabo, Publisher and Editor, First Nations StrategicBulletin.

BULLETIN OF THE FIRST NATIONS STRATEGIC POLICY COUNSEL

OTTAWA Prime Minister Stephen Harper announced on Thursday that a Crown-First Nations Gathering will take place onJanuary 24, 2012 in the National Capital Region.

During the Gathering, the Prime Minister, Minister of Aboriginal Affairs and Northern Development John Duncan and otherrepresentatives of the Government of Canada will meet with Assembly of First Nations National Chief Shawn A-in-chut Atleoand a delegation of First Nation Chiefs to discuss key priority areas. The announcement was made today following a meetingin Ottawa between Prime Minister Harper and National Chief Atleo.

Our Government is taking real action to address important and pressing issues in First Nations communities, said Prime

Minister Harper. I look forward to meeting with First Nations representatives early in the new year to determine how we canwork together to further improve the quality of life and long-term economic prosperity of Canadas Aboriginal peoples.

It is more and more evident to everyone that we need action to deal with the long-standing problems facing First Nationsand Canada, National Chief A-in-chut Atleo said. We have communities in crisis that need action now, but we must stop

lurching from crisis to crisis. This requires action and commitment to address systemic problems, and it requires that wework together. It is time to reset the relationship to the one formed at the time of Treaty based on partnership and respect.

The Crown-First Nations Gathering will be an opportunity for the Government and the First Nations to discuss and identify

ways for Canadas Aboriginal peoples to benefit from increased social and economic participation in Canadian society andimproved living conditions in First Nations communities. The opening remarks and plenary closing sessions will be webcast,and interactive breakout sessions will allow First Nations leaders from across the country to participate in real-time using

webinar technology.

First Nations are diverse and face many challenges, but by focusing on key critical issues we can set out a long-term strate-gic plan for progress and prosperity, National Chief Atleo stated. We must strengthen our relationship and give life to ourTreaties as the foundation to build strong First Nation economies, boost First Nation education and foster healthy citizens and

safe communities. This will unlock the tremendous potential of our people and create a stronger country for all of us.

The announcement comes as First Nations from across the country are preparing to convene for the AFN Special Chiefs As-sembly next week in Ottawa. National Chief Atleo said a special session on the Crown-First Nations Gathering will be addedto the agenda to share information. First Nations have already put forward detailed, workable plans in key, critical areas like

education, building economies, implementing the Treaties, improving housing and infrastructure, strengthening FirstNation governments and other key priorities.

The Gathering will build on the Canada-First Nations Joint Action Plan that was agreed to by the Government ofCanada and the Assembly of First Nations in June 2011. Both the Government of Canada and the Assembly ofFirst Nations committed to advancing a constructive relationship based on the core principles of mutual under-

standing, respect, ensuring mutually acceptable outcomes and accountability.[Source: PMO Release.]

Crown-First Nations Gathering Will Take Place on January 24, 2011

Advancing the Right of First Nations to Information

For Back Issues Go To: http://epe.lac-bac.gc.ca/100/201/300/

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