Pandemic holds valuable lesson about politics
During this time of crisis, our jurisdiction and colonial relationship come into stark reality. We are faced with the tools to protect ourselves, but we also must work with an outdated colonial bureaucracy.
First the use of our own initiative. First Nations reserve land is our land; we are exempt from the jurisdiction of the provincial government and can create our own rules. Reserve land is special to us. It is land that we never surrendered when we signed treaty. It remained our land and not a part of Canada.
This week the city of Regina declared a state of emergency over the weekend and it was overturned by the provincial government. The city wanted stricter measures, including the ban on the size of gatherings reduced from 25 to five persons. The province has since reduced the size of a gathering to 10 persons.
This incident reflects the fact that the jurisdiction of the provincial government supersedes that of the municipal governments. This does not exist in Indian Country. Our First Nations are sovereign entities and we can do what is necessary during a crisis.
Some First Nations have closed their borders and set up roadblocks. They are only allowing band members or persons with legitimate business in the community to get through. Cumberland House, Stanley Mission and my reserve, Little Pine, have all set up roadblocks and limited access to the community. Others are expected to follow.
In Alberta, the four First Nations of Maskwacis have declared a state of emergency.
The chiefs of the Samson, Ermineskin, Louis Bull Tribe and Montana First Nations agreed to declare a state of emergency, to ensure the safety of residents during the COVID-19 pandemic.
The authority for this comes both from their jurisdiction and the Treaties. Treaty Six contains two clauses, the medicine chest clause that guarantees medical care and the pestilence and famine clause that promises assistance during times of crises.
In the south, the Pasqua First Nation under the leadership of Chief Todd Peigan has bulk purchased cleaning materials, medical items, personal safety equipment like face shields and gowns. The Pasqua First Nation has also set up roadblocks and is monitoring the traffic entering the reserve.
While our First Nations are exercising their jurisdiction and the treaty relationship, the Department of Indigenous Affairs once again reverted to their old position as the colonial office. An email from Yves Denoncourt, acting director in the federal government’s Indigenous Governance Operations Directorate, said that band councils can postpone elections but chief and council can’t extend their terms in office. My reaction was that nobody can be this stupid.
As it turns out, I was right — the Minister of Indigenous Services, Mark Miller, has since overturned the decision and band councils are able to extend their terms in office.
According to the original interpretation, when a band council’s mandate ran out, the First Nation had a vacuum in governance, and nobody would be in charge.
Right now, in Saskatchewan the Red Pheasant and Nekeneet First Nations have gone ahead with elections and Beardy’s was scheduled for Friday. The Lac La Ronge First Nation has postponed their election that was supposed to be held at the end of March and have since extended their terms in office to the end of April.
April 1 is the start of the new fiscal year, and if the council’s mandate ran out, nobody would be able to sign or negotiate band contribution agreements. Neither would the government recognize band decisions that have to be communicated by band council resolutions.
This is a situation that would never exist with any provincial or federal government in Canada.
On one hand, the First Nations leadership is asserting our jurisdiction and self-government powers that exist in our treaties, the Canadian constitution and the UN declaration on the rights of Indigenous peoples; on the other hand, the colonial office continues to hang on to a system that is obsolete and dangerous to our people.
But change is coming. Post pandemic, we will see enormous change in society and the economy; this will include the end to colonial control that is way past its time.