First nations patiences waning

[Rocky Road]

www.cbc.ca/news/canada/saskatchewan/story/2012/08/16/sk-daniel-tuckanow-parole-denied-120816.html

My sisters friends Dad was shot down off a power pole doing work on a phone line. The FN leadership wanted healing circles.

[Guest]

Any FN guilt of a crime should face the same sentencing criteria as everyone else in the country, and then they can have a healing circle when they get out.

[Rocky Road]

fngovernance.org/toolkit/best_practice/osoyoos_indian_band osooyoos band

[Canuckistani]

How about posting a bit more than just a link?

But, of the Indigenous Peoples' leaders I've heard from, Cheif Louie is as good as it gets. He's said to his people "you don't work you don't get paid." Huge step forward. And he's turned the Osoyoos band into a very profitable enterprise. I don't know where he stands on the Indian act tho, and integrating Indigenous Peoples into the rest of Canada instead of this racist segregation we practice.

[g_bambino]

negotiating a fair share of resource revenues would be a start.

The problem there is: resources are a provincial matter, even though First Nations reserves are federal Crown land.

Not sure, still, where any treaty or other kinds of constitutional violations are happening, though.

[Smallc]

The problem there is: resources are a provincial matter, even though First Nations reserves are federal Crown land.

That is the problem with the whole situation, isn't it? This federal government has proven that it has little desire to enter into the realm of provincial jurisdiction. The Harper government sees itself as having no or at least a very small part in local issues. Too many don't seem to understand that.

[jacee]

The problem there is: resources are a provincial matter, even though First Nations reserves are federal Crown land.

Not sure, still, where any treaty or other kinds of constitutional violations are happening, though.

The Crown, provincial and federal, has to accommodate Aboriginal and treaty rights - particularly through negotiated revenue sharing - BEFORE any resource development can occur. The Crown fails to do so consistently.

[Rocky Road]

http://fngovernance.org/toolkit/best_practice/osoyoos_indian_band

The Osoyoos Indian Band (OIB) is located in the interior of British Columbia. They are a member community of the Okanagan Nation Alliance. The Band was formed in 1877 and is home to about 370 on-reserve band members. The goal of the OIB is to move from dependency to a sustainable economy.

Situated on 32,200 acres in one of Canada’s premier agricultural and tourism regions, the land has offered the band opportunities in agriculture, eco-tourism, commercial, industrial, and residential developments. With a focus on supportive education and training, the band operates its own business, health, social, educational and municipal services. The result is virtually no unemployment and financial independence.

The nation’s efforts to reduce dependency and attain self-sufficiency began in 1988 with the establishment of the Osoyoos Indian Band Development Corporation (OIBDC). Chief Clarence Louie, serving as both Chief of OIB and President of the OIBDC, recognized that successful businesses adhere to certain business principles. “People talk about running Native businesses the Indian way, but there is only one way to do business and that is the business way.”

The make-up of the board of directors of the OIBDC further reflects this business-based philosophy. In addition to the Chief and three councillors, it includes two former councillors, five “outside” advisors including a banker and an accountant and the Chief Operating Officer, who is not a member of the OIB.

The Principle in Action

The OIB developed a comprehensive plan and implemented the specific pieces as they had capacity to do so. CEO Chris Scott says, “We were prepared to act on business opportunities, to seek successful businesses that were strategic to the vision.”

Successful OIB business ventures include:

* Leased land in the mid 1960s to the privately owned Cherry Grove golf course. That company is now owned by the OIB and has had a multi-million dollar expansion.

* Began silviculture work in the late 1970s and logging in the early 1990s. The OIB now operates, with a U.S. company, a sawmill that can process up to 35,000 cubic meters of wood.

* Formed a partnership with Vincor, Canada’s largest and North America’s fourth largest wine producer. Vincor leases 800 acres from the OIB for grape production.

However, the OIB also recognizes that not every project is a business project. The focus of their economic development is through preserving culture. The band has invested in the education of its children building a preschool and grade school and expects to graduate its own future leaders of the community. The OIB has accomplished much. Pride of heritage as a means to achieve economic independence is and remains the commitment made and maintained by the Chief and council to the people.

Success Factors

The key determining factor for OIB’s success is the presence of strong and determined business leadership backed by band members. Effective leadership with strong vision and good knowledge of business has allowed the OIB to agree on an objective of economic success.

Another part of OIB’s success is their rigorous application of business principles. This has meant learning about business, and dedicating band time, money and energy to business development. It means hiring managers on the basis of merit and training, and not being shy about bringing in expert help. A benefit of this early investment was the creation of financial systems that meant when economic opportunities arose, OIB was ready for them with its financial house in order.

Success for OIB also means taking culture into consideration. Achieving economic success is important – but important as it is a means to attaining social success for the entire community.

The major advantage the Osoyoos people had and still have is their location. They held 32,000 acres of land in a valuable agricultural area. As Chief Louie observed, “You have to pick up on the economy of the area. If you are on the coast, it’s trees and fish. For us it was agriculture and tourism. As they say, you fish where the fish are.”

Harvard Project analysis of successful economic development of Native American tribes has determined that the critical factors for economic success are sovereignty, cultural match, administrative ability and leadership.

It is important to have the independence to do what you think is best for the community. The OIB has not allowed others to interfere with its plans. OIB leadership and citizens have asserted their independence in their decision-making surrounding their economic development.

Effective administrative systems are critical for nations that are planning economic development. They need their band office to be well organized so they can deal efficiently with their own businesses, their partners, and all the other governments and agencies they will work with.

Challenges

The Osoyoos identify their major weakness as the leftover dysfunction from a colonial past — the control exerted by the Indian Act, the administration of nation affairs by the D.I.A., family breakdown, the cycle of welfare, the victimization syndrome, the dependency syndrome that remain evident today.

The result is that some of the people of the Osoyoos are not ready to engage in and benefit from the economic opportunities of the OIBDC.

The OIB has observed that many of their best workers are over 60 years old. They learned how to work when they were young and came from an era where there was no welfare and employment insurance. To turn this around, profits from OIBDC support social and educational programs and anyone who wants training can access it.

Chief Louie counsels that “to run successful businesses, you must deal with the people where they are. The majority of our people are not ready to compete. Get the people who can make the business a success, whatever race they happen to be.”

NCFNG Governance Lessons Learned

The effective governance principle of Economic Realization recognizes that First Nation governments possess the right and the tools to develop their land into sustainable economies. Aboriginal title includes an inescapable economic component. Osoyoos Indian Band continues to be highly successful in applying this principle on their reserve lands.

[jacee]

The Harper government's history with Native people has been poor, to say the least. Since 2008 — the same year Harper apologized for the residential school system and promised to forge a new relationship based on respect —the government has cut Native health funding, ignored more than 600 missing and murdered Native women across Canada, withheld residential-school documents from the Truth and Reconciliation Commission and abandoned land-claim negotiations.

However, Bill C-45 is more than just an “Indian thing.” It is a law that all Canadians should be fighting against, because it affects more than just Native people. A group of environmental and Native groups said in an open letter last month: “The changes proposed in this omnibus bill would further weaken Canada’s environmental laws, remove critical federal safeguards, and reduce opportunities for the public to have their say about major industrial projects that could threaten the air, water, soil and natural ecosystems on which all Canadians, and our economy, depend.”

...

Bill C-45 changes the Navigable Waters Protection Act so as to drastically reduce the number of protected waterways. On Dec. 4 (the day before Bill C-45 became law), there were approximately 32,000 major lakes protected by the Navigable Waters Protection Act. Now there are just 97.

Bill C-45 also exempts major pipelines, which means the scope of impacts considered during environmental reviews will be much narrower.

“Simply put, lakes, rivers and streams often stand in the path of large industrial development, particularly pipelines,” Devon Page, executive director of Ecojustice, said. “This bill, combined with last spring’s changes, hands oil, gas and other natural-resource extraction industries a free pass to degrade Canada’s rich natural legacy.”

Stand up and be #IdleNoMore.

I think it's becoming clearer what this is about, and it affects all of us.

We can protest our government politically, but we have no legal recourse.

Indigenous Nations have legal recourse in our courts to stop developments until the Crown accommodates their Aboriginal and treaty rights: A say in development - esp environmental issues - and a share in revenues.

[Smallc]

Waterway control isn't laid out in the Constitution, however, generally, provinces handle more local matters, and the feds handle national and inter-porvincial ones. That's what you've seen happen here.

[jacee]

Waterway control isn't laid out in the Constitution,

[/Quote]

http://www.aadnc-aandc.gc.ca/eng/1100100014664/1100100014675

Executive Summary

In the Haida and Taku River decisions in 2004, and the Mikisew Cree decision in 2005, the Supreme Court of Canada held that the Crown has a duty to consult and, where appropriate, accommodate when the Crown contemplates conduct that might adversely impact potential or established Aboriginal or Treaty rights. The Court explained that the duty stems from the Honour of the Crown and the Crown’s unique relationship with Aboriginal peoples.

...

Government actions that may adversely impact Aboriginal and Treaty rights can include decisions with respect to a pipeline that may affect wildlife movement, supply and access; decisions with respect to pollution from construction or use that may affect flora or animal populations; change in regulation or policy that may restrict land use; federal life cycle of land management that may affect legal obligations and relationships with Aboriginal groups; or decisions with respect to use of natural resources that may limit supply and use by Aboriginal groups.

however, generally, provinces handle more local matters, and the feds handle national and inter-porvincial ones. That's what you've seen happen here.

Passing the buck back and forth isn't a real solution.

The feds and provinces know their jurisdictions.

[Smallc]

Perhaps you didn't actually read what I said, or you failed to understand. No one is given jurisdiction over the water, since it was not mentioned in the Constitution Act, 1867. For many years, the federal and provincial governments ran overlapping programs dealing with internal waterways and their protection. The Harper Government, in their push to streamline environmental assessments and application processes has decided that the provinces should deal with the water, as most of it is of local or provincial impact first. The federal government will only look in on matters of national or interprovincial impact when it comes to internal waterways.

The SCOC cannot force the Government of Canada to spend money or even consult in areas that they aren't even given jurisdiction over. This was a matter for the federal government to decide, and no other body.

[login]

UN declarations mean diddly. The rights that natives have in Canada only exist because of Canadian law and are enforced by the Canadian courts. You are delusional if you think otherwise.

Courts mean only as much as rule of law. go back to europe.

Right. I happen to point out that the legal basis for native rights depends entirely on the Canadian legal framework and that makes me a facist.

get a clue the constitution protects aboriginal treaty europeans ain't even suppose to be west of the appalacians.If you don't live in the maratimes or quebec gtfo. that is canadian constitutional law.

you are just disrepespectful not recognizing how much is owed to the first nations.

you are enitled to nothing as a eurocanadian other than what treaty gives. If the law doesn't matter that is your blood on the ground and a roasting pot or oblivion soon after

your view is ignorant and scummy. outright contemptuous.

your opinion means less than feces if you are that dishonourable

you are worthless.

you can steal all you want but you ain't any less of a theif

you have no standing as a fascist theif.

canadian law is not supreme wake tf up

this is about respect

realize they were here before you it is their rules that have precedence

if you have to resort to war to conquer then you are scum if to rob from those who are rightful users of the land

expect a house warming party for colonizers if you beleive what you,type, I'll enjoy your house when I get there

lets see your ethics make,the world a better place

Edited December 22, 2012 by login

[Smallc]

Courts mean only as much as rule of law. go back to europe.

I would imagine that Tim, like me, was born here, and has no connection to Europe. The rest of your post is uninformed nonsense.

Edited December 22, 2012 by Smallc

[login]

I would imagine that Tim, like me, was born here, and has no connection to Europe. The rest of your post is uninformed nonsense.

yes and the constitution is probably older than you what is your point.

being uneducated to this point in your life shouldn't stop you from learning.

Did you give birth to the ground you STAND ON OR SOMETHING?

why exactly do you think you have an inherent right that surpases people who were in the country thousands of years before your sperm and egg were?

Edited December 22, 2012 by login

[Merlin]

To all the people who support the Indians at all times.

What do you propose we do give the Indians everything they want every time they protest?

It will never end, so giving in will do nothing to stop them they'll invent something else to whine about.

[jacee]

Perhaps you didn't actually read what I said, or you failed to understand. No one is given jurisdiction over the water, since it was not mentioned in the Constitution Act, 1867. For many years, the federal and provincial governments ran overlapping programs dealing with internal waterways and their protection. The Harper Government, in their push to streamline environmental assessments and application processes has decided that the provinces should deal with the water, as most of it is of local or provincial impact first. The federal government will only look in on matters of national or interprovincial impact when it comes to internal waterways.

The SCOC cannot force the Government of Canada to spend money or even consult in areas that they aren't even given jurisdiction over. This was a matter for the federal government to decide, and no other body.

Ah ... more sleazy buck passing.

Federal jurisdiction pipelines destroying provincial jurisdiction waterways ... Who "consults and accommodates" Aboriginal rights?

The Crown ...

Harper doesn't grasp destruction of watersheds?

I'll bet his kids could teach him.

[Smallc]

why exactly do you think you have an inherent right that surpases people who were in the country thousands of years before your sperm and egg were?

I don't think that I do. You fail to understand what I think. This land belongs to all Canadians. The treaties need to be updated for the good of all people, First Nations included.

Edited December 22, 2012 by Smallc

[Smallc]

Ah ... more sleazy buck passing.

Federal jurisdiction pipelines destroying provincial jurisdiction waterways ... Who "consults and accommodates" Aboriginal rights?

The Crown ...

There are 11 Crowns in this country, you can't pretend that they are all the same.

Harper doesn't grasp destruction of watersheds?

I'll bet his kids could teach him.

Harper doesn't think that most of it needs to be federal business, as the provinces are already doing the majority of the protecting anyway.

[jacee]

There are 11 Crowns in this country, you can't pretend that they are all the same.

And they're not required to uphold the law if they can pass the buck fast enough?

Is that your point?

Isn't that pretty sleazy?

Do you find that admirable?

[Smallc]

And they're not required to uphold the law if they can pass the buck fast enough?

Bill C-45 didn't pass any buck, it simply recognized that two levels of government don't need to continue doing basically the same thing in the same places.

Edited December 22, 2012 by Smallc

[jacee]

The SCOC cannot force the Government of Canada to spend money or even consult in areas that they aren't even given jurisdiction over.

What do you mean "given"?

Who 'gives' jurisdiction over waterways?

Edited December 22, 2012 by jacee

[Smallc]

The framers of the BNA Act.

[login]

I don't think that I do. You fail to understand what I think. This land belongs to all Canadians. The treaties need to be updated for the good of all people, First Nations included.

you fail to understand the land is held by the crown who leased it from natives via treaty. Individual canadians own no land, they may have purchased a deed for specific uses but the crown holds title not the individual, likewise the crown only holds title so long as treaty is followed.

inventing a convienient way to steal land and make it look legal only fools the fools

you are remaking it because you wont accept their right to control their land.

I'd like you go to any other country live there and claim the land as your own and see what happens

don't you get it, they were here before you moved in.

can I just walk into your house and do whatever I want?

why do you think you are so entitled?

a deal is a deal, you fail to follow the deal you don't get to keep it.

its like walking into a store and shoplifting.

your ancestors being theives doesn't entitle you to be one and a good man too

just try renegotiating your mortgage without the bank

canadians are suppose to be civilized not rascist theives mudering amd stealing from the aboriginals

can you understand it aint yours any more than me stealing your car makes it my car

Edited December 22, 2012 by login

[login]

I don't think that I do. You fail to understand what I think. This land belongs to all Canadians. The treaties need to be updated for the good of all people, First Nations included.

no its not that I don't understand you its that I don't agree with. Tne land doesn't belong to Canadians, it belongs to the land, Canadians have no more right than anyone else on the planet but first nations deserve more respect when it comes to the land. You need to stop treating people like dung, and thats what your parents did to the first nations.

you belong to the land not the other way around. you need it not the other way around

you are just a weasle because you are the man out, that is all that shapes your position, not the truth

it is just passive gun boat diplomacy stealing from babys

its been that way for 400 years in the americas. you need to stop denying the truth.

Edited December 22, 2012 by login