Next year critical to native-ottawa relations
This week we passed one of those watershed events that will define our political direction for the foreseeable future.
The First Nations and the Harper government are moving in opposite directions. Confrontation and unrest will be the order of the day.
This was apparent as the chiefs held their assembly in Ottawa. On Tuesday chiefs from Saskatchewan, Manitoba and Ontario held a demonstration on Parliament Hill and tried to enter the Parliament Buildings.
For most of the current fiscal year, the federal government has been announcing cutbacks to aboriginal programs, First Nations tribal councils and regional organizations. A week ago, a group of 121 academics wrote to the minister of aboriginal affairs pointing out the serious implication of cutbacks to aboriginal organizations. In their words, “the potential loss of expertise is staggering and could take a generation to recover.”
So far there has been no response from the minister’s office.
The cutbacks, coupled with unilateral changes to the Indian Act in the omnibus budget Bill C-45, have got the attention of our leadership and it is fighting back.
Last January, at the First Nations summit, Prime Minister Stephen Harper pledged to work together with the First Nations and not introduce changes the Indian Act. For a fleeting moment it appeared that positive change was in the air.
Soon after, however, Conservative MP Rob Clarke from Desnethe-MissinippiChurchill River the tabled a bill to eliminate the Indian Act. The bill was meant to remove obsolete clauses from the act, but it proceeded with a minimum of consultation.
Next, Bill C-45, the omnibus budget bill, was tabled and it contained amend- ments to the Indian Act and the Navigable Waters Protection Act that caught our people off guard. These two amendments were buried in the omnibus budget bill and have nothing to do with the budget.
The amendments to the Indian Act refer to the clauses that allow for designation votes and land surrenders. To develop a piece of land commercially or for mineral extraction, it is necessary under the Indian Act to hold a designation vote. The new legislation removes the process from a double majority to a single majority. A double majority means that a majority of band members must vote and a majority of them must agree with the proposed changes. A simple majority is quite simply a majority of those who cast a vote. Under the old system it was cumbersome, but it required the chief and council to communicate with the band members and get the vote out. A single majority is simple to obtain but it could be abused and result in little or no communication with off-reserve members.
As First Nations people we have collective rights to our land and streamlining the process. While it may be deemed “businessfriendly,” it is much less accountable. This is an odd amendment considering the Conservatives’ mantra about accountability.
Amendments to the Navigable Waters Protection Act remove federal protection to thousands of lakes and rivers. This will have a disastrous affect to First Nations that are located in environmentally sensitive areas where development is taking place.
For example, the Athabasca Chipewyan First Nation is downstream from the tarsand mines and will see the destruction of 20 kilometres of the Muskeg River which the Dene maintain is a river of cultural and biological significance. Under this legislation the federal government is walking away and allowing the tarsands companies to destroy vital waterways.
First Nations were not consulted in either case in spite of a Supreme Court decision that the governments have a duty to consult and accommodate when making decisions to adversely impact First Nations.
The act that forces band councils to post salaries and financial reports was designed to turn First Nations citizens against their leadership. In fact, there was even talk of an “aboriginal spring” once the grassroots got the information. What is happening instead is an aboriginal spring as the people organize to oppose Bill C-45 and other contentious legislation.
On Monday, people will gather in Edmonton as a part of the Idle No More movement to oppose the bill and rally in support of the First Nations that will be affected by the unilateral changes to the Navigable Waters Protection Act.
Social media is fuelling the flames and the support is coming from across the country. The federal government has badly underestimated aboriginal people. The old tactics of divide and conquer won’t work anymore. People are proud of those chiefs who demonstrated on Parlia- ment Hill.
However, simply getting mad and demonstrating isn’t good enough. The government and our leaders have to conduct serious negotiations about our collective future including such issues as self-government, resource revenue sharing, recognition of treaty promises and Ottawa’s constitutional role in relation to First Nations.
Our leaders must use demonstrations to soften up the government and get broad public support. The one-two punch of increased political pressure coupled with our impressive list of Supreme Court wins should focus on solutions.
Also, the Harper government has to work with First Nations on a nationto-nation basis as set out in treaty negotiations. And we need leadership that can negotiate solutions, not just get mad and continue to make demands.
It’s a tall order with an ambitious agenda, but confrontation and anger will only take us so far.
Next year should prove interesting. I’m looking forward to it.