Tansi!
WE all have a commitment to community. WE are governments.
More Natives, non-treaty citizens and newcomers need to learn the rich (authentic) history of Canada (the corporation), The Crown and the Native Nations and their relationships. Even the basics would be beneficial in our growth as neighbours. Perhaps we wouldn’t be where we are today, if many of us would simply educate ourselves and let’s face it- we are all frustrated. It’s in all our best interest to work together for a brighter future.
I’m obliged to share a bit about #IdleNOmore to better inform people regarding the current situation with the ‘waning of patience’ and unrest amongst the Native Nations. The number one focus is and should always be the ENVIRONMENT. The Natives are the only hope for saving the planet, as they are the healers, teachers, and practically the ivy league academics of Mother Earth with inherent rights and responsibilities that include the duty to protect the land and the waters for life.
Contrary to the wishes, concerns and written requests of Canadians, Prime Minister Stephen Harper is selling our companies and resources to China. If he signs a Foreign Investment Promotion and Protection Agreement with China, the effects can be catastrophic. We will not be able to protect our people nor our environment against eco-terrorists.
We all (humans) need to preserve a sustainable environment balanced with a sustainable economy.
Visiting this forum for quite a few years now, I’ve learned its best to not directly engage in the discussions as the racism and ignorance can be completely overwhelming and hinder real progress. However, I sometimes post and do enjoy reading, learning and laughing especially from those that are open minded, educated and willing to learn and share. I`ve compiled some valuable information for us.
Why the Native Nations & their supporters will IDLE NO MORE? We are in a critical state.
First, please take the time to enlighten yourself through these delightful and very informative articles and blogs (even the comments make for interesting tidbits):
Before we jump right into the thick of it all, I insist you read this one first.
Canada, it’s time. We need to fix this in our generation: http://apihtawikosisan.com/2012/12/16/canada-its-time-we-need-to-fix-this-in-our-generation/
Educate yourself with Aboriginal Issue Primers- http://apihtawikosisan.com/aboriginal-issue-primers/ Be sure to read – “Specific Myths or Misunderstandings” & ``Aboriginal Law and Treaties``
Rights? What rights? http://apihtawikosisan.com/2012/01/18/rights-what-rights/
Honour The Treaties: A great view from an old white hipster- http://behindthehedge.wordpress.com/2012/12/11/connecting-the-constitutional-dots-of-idlenomore-for-the-white-like-me-layperson/
Where did we go wrong? ( video: Wab Kinew/CBC) http://www.youtube.com/watch?v=xmYu-Wppp3c
Some important treaty history and nation to nation relations.
Environmental Destruction Imminent http://getgrounded.tv/2012/12/environmental-destruction-imminent-harper-government-unloads-a-flurry-of-illegal-and-unconstitutional-legislation-grounded-news/
:::::: THIS IS THE REAL DEAL KIDS::::::
Breakin' it Down: Here are Some of the New Bill Features and Just How Treaties Break
Complete with video links ( A MUST SEE) and timestamps for reference. Be sure to thank Dr. Pam Palmater and Robert Animikii Horton for Breakin it down for us. Now, let’s work towards moving forward, nation to nation, shall we?
4 Points that Shocked: Bills, the White Paper, and Pre-Emptive Funding Cuts
Never, in history, have there been so many bills regarding First Nations pushed through the House of Commons at one time.
In 1969, the White Paper sought to Eliminate the Indian Act, Get Rid of Treaty Rights, Do Away with Reserves Lands, and Assimilate.
This is the WHITE PAPER 2012 - but instead of a policy proposal, this is a number of laws pushed through at one time where the dots have to be connected.
Before attempting to push these through, Harper made a pre-emptive strike against First Nations by slashing funding (sometimes up to 80%) to fracture capacity where we could protect ourselves fully through our organizations. (Vid 1: 8:10-8:49)
Here you will find changes, impositions, and encroachments without theright to free, prior, and informed consent, as well as other violations.
FULL LECTURE (WATCH HERE!!!!)
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Bill C-45: Job and Growth Act – Omnibus Bill (PUSHED THROUGH THIS WEEK)
(TIME STAMP: Video Part 3, 1:24-4:35)
I. Land Surrenders
--Prevents any debate or Grand Chiefs to present views of amendments.
--Indian Act changes with zero consultation of communities.
--Lowers threshold for the surrender of reserve lands (because it is too hard for ‘Indians’ to surrender lands in recent years).
--The Minister will have the power to call a meeting, ask a band to surrender their lands, and whoever shows up as a majority (IMPLICATION: with the majroity of a small number voting yes ( an implication and EXAMPLE would be 3 out of 5 *I hope this clarification helps*) – it is surrendered and the Cabinet does not get a say anymore.
-The Minister CAN expedite this.
--It is no longer the majority of the band list that determines such a surrender of such Reserve lands, it is now just a handful of people.
--The Minister can expedite this and First Nation people or leaders can’t even have a say on it.
II. Navigable Waters Act
--The Federal Government vacates jurisdiction over waters, parks, fisheries, etc – and the responsibility and duty to consult, honour treaty rights, and cannot do anything without talking to First Nations first.
--By vacating it to the Province, the Feds wash their hands clean of Treaty Rights knowing the Province are free to do whatever they want.
Allows Provinces to have more powerful expropriation powers.
--Power to decide fate of individual First Nations – even in Treaty Territory.
--Harper Government wishes to “unlock” our lands for the maximized benefit of Canadians.
TREATY VIOLATIONS
(Assertion of our Treaty Rights protects the same environment that Canadians enjoy - from degradation).
First Nation Education Act (PRESENTED ON DECEMBER 11, 2012)
(TIME STAMP: Video Part 3, 4:40-7:20)
--Incorporates and imposes Provincial Laws into First Nation Education on Reserves.
--Violation of Treaty Right to Education.
--The Feds take the Treaty Right to Education – nationalize it, control it, legislate it.
--The Feds vacating jurisdiction to the Province isn’t just stepping away from Treaty Obligations – but Funding Obligations.
--(“Want to apply for Post-Secondary? Go Apply for Provincial Scholarships.” is coming)
--Does not account for Education being chronically underfunded – even in comparison to the Province.
--(Logic: If you don’t like underfunded schools, go to Provincial schools).
--Ignoring and Violation of Treaty Rights.
--“Assimilate or Integrate”
--Legislate a Treaty Right and put it under Section 35: (can’t be undone?)
TREATY VIOLATION
Bill C-27 First Nations Financial Transparency Act (TIME STAMP: Video Part 1, 9:00-14:01)
--Will force First Nations to open up all the books, source revenue, and business revenue (for the public) – in doing so, can continue making funding cuts and justifying it by high-lighting businesses on reserves trying to supplement poverty.
--Possibly the most controlling change to the Indian Act - A fail to make business information public – can be taken to court and funds can be cut off.
--Is this truly meant to give access to information due to “mismanagement” for community members – or another way to continue cutting off funds?
--Canadians often believe that First Nation leaders don’t file audits, financial reports, or give audits to members – but First Nation leaders would not get a cent unless an audit is submitted every year and financial reports roughly every three days.
--Anybody can get a copy from Indian Affairs if not from the band – the inaccessible claim is a myth.
--There is currently no control over funding models and if leaders speak up, they risk having budgets slashed.
--“First Nation leaders are millionaires and mismanaging and corrupt and the reason for poverty, news-reporters?”
The average salary for a First Nation leader is $36,000.
The salary of the average Canadian (be it research of photocopying) is $46,000
30 of the 615 First Nation leaders are paid zero.
How much do Mayors and Premiers make?
--There is the occasional mismanaging and corrupt leader, but a study was done of all band audits ever done regarding evidence of corruption.
--Less than 3% of audits ever found anything about individuals mismanaging and using band funds for personal purposes, as well as misspending. This is a lower corruption rate than all Municipalities and provinces in Canada.
TREATY VIOLATION
Bill S-2 Family Homes on Reserve and Matrimonial Interests or Right Act (TIME STAMP: Video Part 2, 4:28-8:06)
--Does not recognize any First Nation by-laws that already set out matrimonial property laws
--That is denying First Nation law making power – and attack on sovereignty.
--For the first-time in history – legal rights can be given to non-Indians over holds on lands on Reserve.
--A majority of First Nation marriages are outside the community – 80%-90% out-marry rate in some places.
--Reserve land can begin to start to transfer to non-Indian people.
--A judge (without notifying the First Nation, no arrest, no evidence, or no charge) can give occupation of house and land on reserve to a non-Indian spouse– indefinitely.
--This will add to the overrepresentation is prison and does not apply to Canadian citizens.
--Even though housing lists are long and there’s lack of land on reserve, this will add to it.
--Land, protected under treaties, exclusively for First Nations, can be transferred to non-First Nation people through this bill.
(0.2% of all land in Canada is on reserve. All reserves put together are smaller than Vancouver island.)
TREATY VIOLATION
Bill S-6 First Nations Elections Act -(TIME STAMP: Video Part 2, 8:06-11:46)
--Anyone in communities who protests illegal elections (or elections or processes run improperly) or raises any issue a problematic election in their community can go to jail or pay up to $5,000 in fines - essentially silencing voices.
--Problems would not to go Indian Affairs, but the Provinces will decide community fates.
--Even if there is a custom election code (Indian Act provisions where Indian Affairs has nothing to do with a community’s election) – if the Minister of Indian Affairs (without any evidence) decides so, he will have the power to impose a new bill on that First Nation and create his own election code and replace them.
--Under this new bill, only Chief and Councils will pass resolutions and do not have to ask community members.
--The Goal: Imprison people who exercise raising their voices in problematic elections and having the power to remove custom-elected impose selected officials (such as pro-resource extraction - i.e. Barrier Lake).
-As soon as they LEGISLATE a treaty right, its out of Section 35 - and we don't get to UNDO it.
TREATY VIOLATION
Bill S-8 Safe Drinking Water for First Nations (TIME STAMP : Video Part 2, 11:46-Video Part 3, 1:24 )
--Will give the Federal Government the power to set up rules and regulations around water and sanitation – and will be able to force Chief and Councils to do whatever the Feds see as necessary on water, but no funding.
--They can demand that Chief and Councils fix water systems, but if there is no money to do so – it is taken from band operating funding formulas (that pays for housing and social assistance).
--If the Federal Government’s contractors screw up, the Federal Government is not liable and they indemnify themselves from getting sued.
--If you don’t agree, you will go to prison.
--Transfers jurisdiction and pushes Provincial Laws on Reserve Lands.
--Contractors and Water Companies with ties to Harper aim to get very wealthy off of First Nations Poverty.
TREATY VIOLATION
Bill C-428 Indian Act Amendment and Replacement Act (TIME STAMP: Video Part 2, 0:00-4:30)
--Rob Clark’s Private Member’s Bill to Repeal the Indian Act All-Together
--Getting rid of old Provisions without consulting or with the consent of First Nations people.
--Getting rid of old Provisions without consulting (or with the informed consent) of those still in the TRC process who were impacted by it.
--Foregoes what community members and those who were impacted by it want.
--Doesn’t acknowledge a Band’s abilities to pass band by-laws
--Takes away the power of bands to pass by-laws to prohibit alcohol on reserves – taking power away to create by-laws and govern. (“You will get drunk and you will like it.”)
--Takes half of the Estates/Wills provision out of the Indian Act and leaves what happens if you do not have one – creates a battle between the Province and the Feds about what happens with your property.
--It is up to First Nations to decide if they want to repeal it, how they want to, when they want to, how they wish to transition, to replace it with what, etc.
--As terribly paternalistic and colonial as the Indian Act is, it currently protects reserves from Provincial Laws, protects reserve Treaty Rights, prevents taking reserve land, prevents mining and development and pipelines.
--An all out repeal of the Indian Act means Enbridge looking for a pipe to lay quickly.
--The Feds do not have a say if they are kept on the hook of obligations or not.
TREATY VIOLATION
Bill S-207 An Act to amend the Interpretation Act
--Non-Derogation of Aboriginal and treaty rights
Bill S-212 First Nations Self-Government Recognition Bill and the “First Nations” Private Ownership Act - (TIME STAMP: Video Part 3, 7:20-12:15)
--The 1887 Dawes Act (United States) in Canadian Form
--This will take community-held Reserve Lands and divide up into individual parcels.
--This land can be sold to non-Indians and corporations, like any piece of provincial land – under provincial laws and registries, with no Aboriginal or Treaty rights associated anymore.
--Even if the band has all underlying title, it can turn into management, rather than true governance, in practice.
--The objective is to destroy our governance systems all-together and land grabs.
--In the US, the biggest land grabs of indigenous land were not from treaties, but from the Dawes Act.
--Not just reserve lands, but it took 90 million acres in treaty lands locked down by treaty – and took them.
--Within two generations, 90,000 indigenous people in the US became homeless in their home territories.
--After Dawes, more amendments were set to go and over half of the privatized lands were given to government, military, and corporations for resource extraction.
--(Canada is now eye-ing up the Tarsands, pipelines, Ring of Fire, etc...and so is China)
--To put a pipeline through a community, the community’s consent is no longer needed nor Chief and Councils, but just the individual people where the pipe would go beneath.
--This circumvents all Duty to Consult and Treaty Rights.
--To get into this “opportunity” – a community must absolutely and unconditionally surrender the reserve land and all rights attached to it, to the Crown, and Canada will “give you back” Federal Title – a surrender of sovereignty.
--A dwindled title from first title to fourth title. (The First Title of our lands is First Nation Title Currently.)
FULL LECTURE (WATCH HERE!!!!)
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________________________________________________________ EKOSI!
