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Aboriginal and Inuit Non-Mining Issues

Kasabonika pondering economic development opportunities – by Lenny Carpenter (Wawatay News – April 25, 2013)

http://wawataynews.ca/

Although the community of Kasabonika Lake First Nation recently celebrated the grand opening of a new Northern Store, it finds itself struggling to identify economic opportunities due to a lack of electricity.

“There’s no room for growth,” said Ken Albany, a band councillor with the First Nation. “It goes back to the capacity of the power plant. It’s basically holding us back.”

The power station in the community reached its maximum capacity in 2007. Kasabonika secured funding from Aboriginal Affairs and Northern Development of Canada (AANDC) to upgrade the generators to 2 MW, but then the federal government pulled the funding and told the community not to expect funds until 2015.

“The federal government has failed us,” said Mitchell Diabo, manager of special projects for the First Nation. “They say we’re on their top priority list but we have no idea when that is.”

The lack of power capacity has severely limited construction of any houses or projects, including a business centre the First Nation had hoped to build in the community. The proposed business centre would have housed the Northern Store and offered space for any potential entrepreneur to start up a business such as a coffee shop or deli.

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The AFN and the PM: Retiring the missionaries – by Robin V. Sears (Toronto Star – April 21, 2013)

The Toronto Star has the largest circulation in Canada. The paper has an enormous impact on federal and Ontario politics as well as shaping public opinion.

Robin V. Sears is a principal of the Earnscliffe Strategy Group. robin@earnsclilffe.ca.

Shawn Atleo and Stephen Harper are striving to move beyond Canada’s dreary tradition of paternalism toward aboriginal peoples.

That Canada’s enormous aboriginal bureaucracy has failed to deliver despite dispensing billions of dollars a year for decades is not hard to explain — their values and methods differ little from their forebears of two centuries earlier.

Just as Anglican and Catholic missionaries used a combination of carrot and stick to replace local languages and culture with English and Victorian values, so today’s zealous bureaucrats use grants, project funding — and the threat of their withdrawal — to reward “good Indians” and punish the recalcitrant in defence of a classic clientist welfare agenda.

The department changes its name every decade or so, in the apparent belief that new paint will disguise the ancient, rigid superstructure it conceals. No more responsible for “Indian Affairs,” the newest packaging is about aboriginal peoples and northern development. To its friends and enemies it is always simply, “The Department.”

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Neskantaga declares state of emergency – by Shawn Bell (Wawatay News – April 17, 2013)

http://wawataynews.ca/

The second suicide in less than a week in Neskantaga First Nation has prompted the community’s leadership to issue a state of emergency in a desperate call for help.

Neskantaga declared the state of emergency on April 17, the day after the suicide of a 19-year-old youth in the community. Word of the suicide came as the community was putting to rest another individual who passed away under similar circumstances last week.

“We have reached a breaking point and our community is under crisis,” said Neskantaga councillor Roy Moonias. “Our community is exhausted emotionally and physically as we try to pick up the pieces from these tragic events.”

Moonias noted that the recent suicide was the fourth in the community this year, along with 20 other attempted suicides, and the seventh sudden tragic death of the year.

In a press release, Neskantaga noted a list of issues the community faces, including approximately 50 per cent of its population addicted to prescription drugs, issues of sexual abuse, inadequate policing services and no access to proper mental health and addictions treatments and counselling.

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Feds can do better: NAN – by Carl Clutchey (Thunder Bay Chronicle-Journal – March 25, 2013)

Thunder Bay Chronicle-Journal is the daily newspaper of Northwestern Ontario.

Nishnawbe Aski Nation says it has found little in last week’s federal budget to help First Nations position themselves “to be partners, investors and owners of the significant resource-based economy about to emerge from our treaty territories.”
In a news release following the release of Thursday’s budget, NAN Grand Chief Harvey Yesno said “Canada can do better” in terms of helping NAN communities realize “a long-term vision for prosperity and wealth.”

A post-budget analysis by NAN also found the document to be lacking in terms of addressing ongoing shortages of food, housing and police officers in NAN’s mostly isolated reserves in Ontario’s remote North.

“After reviewing (more than) $700 million worth of federal funding announcements related to First Nations outlined in the budget across many federal departments, the only direct benefit to the 49 First Nations of NAN is the announcement of $4.4 million over three years for Ring of Fire communities,” said the release.

Thunder Bay-based NAN said that while it applauds the $100-million earmarked for Nunavut housing projects, there was nothing for the 32 remote NAN reserves “where housing is limited.”

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Court overturns 2011 decision and rules province can grant logging permits in Grassy Narrows’ territory – by Alan S. Hale (Kenora Daily Miner and News – March 18, 2013)

http://www.kenoradailyminerandnews.com/

Grassy Narrows received a major setback in its pursuit of controlling logging within its traditional territory on Monday.

The Ontario Court of Appeal has decided the wording of Treaty 3 does not prevent the Ontario government from issuing logging licences within the band’s traditional territory; overturning a lower court’s decision from 2011 which ruled the province could not do so because it impinged on Grassy Narrows’ treaty-protected rights to hunt and fish.

“We’re quite disappointed in hearing that the appeal was allowed and it was not in our favour,” said Grassy Narrows’ Chief Simon Fobister. “We’re definitely going to have to sit down with our legal counsel, the band council and the trapper (who originally brought the lawsuit) to review the decision … We’ll have to weigh our options and decide if we are going to appeal this to the Supreme Court of Canada.

“We knew that (going to the Supreme Court) was going to end up being an option regardless of whoever won the case, and we’re going to be making that decision in the next little bit.”

Monday’s decision means the Ontario Ministry of Natural Resources has the sole jurisdiction to grant logging permits, including the one it granted to Abitibi-Consolidated Inc. (now called Resolute Forestry Products) in 1997 for a clear-cutting operation in the Whiskey Jack Forest inside Grassy Narrows’ territory, which caused the many years of litigation that lead to this point.

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Wabauskang awaiting Grassy Narrows’ court decision – by Shawn Bell (Wawatay News – March 11, 2013)

http://wawataynews.ca/

While the decision in the Grassy Narrows versus Ontario legal battle, expected sometime this year, will impact treaty rights for First Nations across the country, one of Grassy Narrows’ closest neighbours may be the most affected by the decision.

Wabauskang Treaty #3 First Nation is in the midst of its own legal struggle over resource development on its traditional territory, since it took gold mining company Rubicon Minerals to court in December 2012.

Wabauskang Chief Leslie Cameron said his community is looking to the decision in the Grassy Narrows case, called the Keewatin decision, for clarity in its own legal situation.

“We were heavily involved in the Keewatin appeal and made arguments in support of Grassy Narrows and that support our own case against Rubicon and Ontario,” Cameron said. “The Court of Appeal seemed really interested in our arguments. We’re expecting to win.”

Even though Grassy Narrows is targeting the forestry industry and Wabauskang the mineral sector, both conflicts essentially argue the same point – that Ontario has no jurisdiction to approve projects on First Nations land, since the federal government oversees First Nations issues.

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First Nations battle suicide epidemic – by Karen McKinley (Thunder Bay Chronicle-Journal – February 17, 2013)

Thunder Bay Chronicle-Journal is the daily newspaper of Northwestern Ontario.

With many people experiencing hurt, depression and anger, they must take responsibility and work to heal themselves if they want to be whole again, says Nishnawbe Aski Nation.

NAN is bringing that message to a youth and family forum aimed at addressing youth suicide and family problems. To prepare and help raise funds, NAN hosted a prayer breakfast, donation gathering and silent auction at St. Paul’s United Church on Saturday. Around 30 people sat down in the basement of the Thunder Bay church to enjoy a meal and discuss topics surrounding suicide and how faith can help heal the psychological wounds.

“Nishnawbe Aski Nation is hosting what we are calling the Embrace Life Forum on March 6, 7, and 8 at St. Paul’s church,” said Goyce Kakegamic, deputy grand chief for NAN in an interview on Saturday. “It aims to discuss issues like prescription drug abuse, suicide and find ways for families to come together to address those issues.

“This is not a gathering to assess blame, it more about how we can accept responsibility to address these things.”
He said blaming factors does not solve problems. The only way they can tackle these problems is to find out how families can come together, offer support and communicate effectively.

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Ontario’s appeal of Grassy Narrows case wraps up – by Shawn Bell (Wawatay News – January 31, 2013)

http://wawataynews.ca/

A legal appeal with national implications on Aboriginal treaty rights now rests in the hands of the judges after arguments in Grassy Narrows versus Ontario closed last week.

The legal battle between Ontario and Grassy Narrows First Nation over clear-cut logging on Grassy Narrows’ traditional territory has been ongoing for over a decade. In 2011 an Ontario judge ruled in favour of the First Nation, essentially saying that Ontario did have not the authority to authorize logging that violated treaty rights.

Ontario’s appeal of the decision was “hard fought,” said Grassy Narrows’ legal representative Robert Janes. “This will be a precedent-setting case,” Janes said, adding that a decision may take anywhere from four to seven months given the case’s complexity and the likelihood it will go to the Supreme Court of Canada.

Ontario argues that the province has jurisdiction over treaty rights, which allows it to authorize logging or other activities that may violate the treaties. But Grassy Narrows’ lawyers respond that only the federal government has the jurisdiction over treaty rights, so that Ontario cannot approve projects that impose on the treaties. The original court case was initiated by three Grassy Narrows’ trappers in 2000.

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NEWS RELEASE: NAN CONGRATULATES NEW PREMIER BUT STANDS FIRM ON POSITIONS OF TREATY IMPLEMENTATION AND REVENUE SHARING

Monday, January 28, 2013

FOR IMMEDIATE RELEASE

THUNDER BAY, ON: Nishnawbe Aski Nation (NAN) Grand Chief Harvey Yesno looks forward to working with newly elected Ontario Liberal Party leader Kathleen Wynne and insists that the Ontario Premier’s Office work with the 49 NAN First Nations on core northern priorities such as resource development investments and establish an agreement on resource revenue sharing.

“Treaty and resource revenue sharing are key to addressing the pressing and dire challenges facing the remote First Nations of northern Ontario,” said NAN Grand Chief Harvey Yesno. “Our treaty partners, Canada and Ontario must come to the table to address these issues, and not just to dialogue or discuss but strategize and implement. NAN First Nations need the process for formal agreements to get underway.”

A former school board trustee, Wynne has held several posts in outgoing premier Dalton McGuinty’s cabinets, including education, transportation and aboriginal affairs. NAN leadership has declared that provincial relations with First Nations, specifically the sharing of resources in Ontario’s remote north that is poised for significant developments, should be high priority in the coming months.

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Declaration lets Spence save face, end protest after failing to secure meeting with PM and Governor General – by Jesse Kline (National Post – January 24, 2013)

The National Post is Canada’s second largest national paper.

Theresa Spence Wednesday night officially ended her six-week-old protest, which saw her subsisting on a liquid-only diet. It followed intense behind-the-scenes bargaining that allowed her to save face in the eyes of the government, her people and the general public.

Ms. Spence did a great job of publicizing her issue, but as a politician, she leaves much to be desired. With Assembly of First Nations National Chief Shawn Atleo also announcing Wednesday he will return to work Thursday after a medical leave, future negotiations will hopefully be a little less chaotic, and a little more productive.

From the beginning, it has been clear that Ms. Spence was in way over her head. When the Attawapiskat Chief first set up camp on an island in the Ottawa River on Dec. 11, Prime Minister Stephen Harper was faced with a serious dilemma: Meeting personally with Ms. Spence would have set a dangerous precedent, and could have led to every Canadian who has a grievance with the federal government (there are many) threatening to kill themselves, should they not get the ear of the prime minister. On the other hand, if he let her die, he would forever be known as the prime minister who was too stubborn to save a life.

Neither was a good option for Mr. Harper, who expertly organized a meeting that included representatives of the AFN and other aboriginal leaders.

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NEWS RELEASE: RESPONSE FROM MISSANABIE CREE FIRST NATION CHIEF REGARDING NATIONAL POST COLUMN

 Tuesday, January 22, 2013

GARDEN RIVER, ON — Regarding an article published in the National Post January 8, 2013 where Glenn Nolan, a former Chief of the Missanabie Cree First Nation made comments regarding key First Nations issues and resource revenue sharing, current Chief Kim Rainville issues the following statement:

Let it be known that the support from the Missanabie Cree First Nation council and community have been instrumental in Mr. Nolan achieving his professional goals. Being the president of the Prospector’s and Developers Association of Canada (PDAC) as well as an executive of a junior mining company embroiled in the Ring of Fire development, it would make it very difficult for Mr. Nolan to express support for such a significant movement as “Idle No More”. Mr. Nolan’s opinions do not reflect the belief of the Missanabie Cree First Nation regarding the actions taken by Attawapiskat’s Chief Spence or support of the Idle No More movement.

“I believe the agenda of the government smearing a courageous leader such as Chief Spence is reprehensible,” said Chief Kim Rainville. “To have it seemingly come from a former Chief undermines the changes which are being called for by the “Idle No More” movement and a denial of the realities faced by many first Nations citizens.”

The list of issues is long; inadequate housing, health care, education economic opportunities, youth suicide, family violence, policing and the list goes on. These are immediate issues which need to be addressed. Recognition of First Nation autonomy, sovereignty, changes to the Indian Act driven by a First Nations process are paramount to achieving our rightful place in society, resource revenue sharing but a component of righting the many injustices.

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‘You gotta know how to do things yourself up here’: For modern reserves, success is in balancing tradition and capitalism – by Jonathan Kay (National Post – January 19, 2013)

The National Post is Canada’s second largest national paper.

When I talk with Abraham Metatawabin about his life in the bush, there is a communication problem. I do not speak Cree, and the 92-year-old Fort Albany, Ont., elder does not speak English. But even with his son Chris acting as translator, there is another, more basic impediment: The hunting, trapping and fishing methods he learned as a young child in the sprawling riverlands west of James Bay are so basic to his way of thinking that he doesn’t even think of them as activities requiring explanation, and so I have to keep interrupting him for more detail.

Commanding a team of sled dogs, building a shelter out of wood and cured animal hide, catching a pike dinner with nothing but a baitless hook: You either knew how to do these things in the bush, or you became a frozen, emaciated corpse.

I came to talk with Abraham at his home on the Fort Albany reserve not just because he is a link to a bygone era, but also because the Metatawabin family as a whole — of whom I met four generations, in three different communities, during my travels to James Bay this past week — constitutes a sort of living roadmap to the wrenching transformations that First Nations have endured over the last half-century.

Like most members of the Fort Albany First Nation, Abraham was brought up as a Catholic. But he still has strong memories of his grandfather, a traditional 19th-century medicine man whom the RCMP hunted as an outlaw. Abraham’s father was recruited out of the bush into the Canadian army, and fought the Germans in the First World War.

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Why proposed federal legislation concerns First Nations – (Wawatay News – January 16, 2013)

http://wawataynews.ca/

Prepared by Lorraine Land, Liora Zimmerman and Andrea Bradley Dec. 20, 2012 of Olthuis Kleer Townshend – LLP

Bill C-38 Budget Omnibus Bill #1

This 450-page bill changed more than 70 federal acts without proper Parliamentary debate. This bill dramatically changes Canada’s federal environmental legislation, removing many protections for water, fish, and the environment. The changes were made without consulting First Nations.

Bill C-45 Budget Omnibus Bill #2

This second bill also exceeds 450 pages, and changed 44 federal laws, again without proper Parliamentary debate. This bill removes many fish habitat protections and fails to recognize Aboriginal commercial fisheries.

Changes to the Navigable Waters Protection Act reduce the number of lakes and rivers where navigation and federal environmental assessment is required from 32,000 to just 97 lakes, and from 2.25 million to just 62 rivers. This means 99 per cent of Canada’s waterways lost their protection for navigation and federal enviro assessment purposes.

These changes were made without consulting First Nations.

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Canada’s energy juggernaut hits a native roadblock – by Linada McQuaig (Toronto Star – January 15, 2013)

The Toronto Star has the largest circulation in Canada. The paper has an enormous impact on federal and Ontario politics as well as shaping public opinion.

Those who believe we can freely trash the environment in our quest to make ourselves richer suffer from a serious delusion — a delusion that doesn’t appear to afflict aboriginal people.

Aboriginals tend to live in harmony with Mother Earth. Their approach has long baffled and irritated Canada’s white establishment, which regards it as a needless impediment to unbridled economic growth.

Nowhere is this irritation more palpable than inside Stephen Harper’s government, with its fierce determination to turn Canada into an “energy superpower,” regardless of the environmental consequences. So it’s hardly surprising that the Harper government has ended up in a confrontation with Canada’s First Nations.

Certainly the prime minister has shown a ruthlessness in pursuing his goal of energy superpowerdom. He has gutted long-standing Canadian laws protecting the environment, ramming changes through Parliament last December as part of his controversial omnibus bill. He has thumbed his nose at global efforts to tackle climate change, revoking Canada’s commitment to Kyoto.

And he’s launched a series of witch-hunt audits of environmental groups that dared to challenge the rampant development of Alberta’s oilsands — one of the world’s biggest sources of climate-changing emissions — as well as plans for pipelines through environmentally sensitive areas.

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First Nations leaders, Idle No More activists warn peaceful protests could turn into months-long blockades this spring – by Kathryn Blaze Carlson (National Post – January 15, 2013)

The National Post is Canada’s second largest national paper.

First Nations leaders and Idle No More activists have promised only peaceful protests on their national day of action Wednesday, but once the snow melts and warmer weather sets in, key highways — including the main road to Alberta’s Fort McMurray, a major oil production hub — could be blocked for days, weeks or even months, prompting what one chief called “chaos.”

These latest threats of economic upheaval come at a fragile moment in First Nations-Crown relations, especially now that National Chief Shawn Atleo announced on Monday that a regional chief will take over his duties while he takes a “brief” doctor-ordered stress leave.

Athabasca Chipewyan First Nation Chief Allan Adam said that while there are no plans to shut down Highway 63, the only all-weather road to Fort McMurray, on Wednesday, the government should expect a months-long summer blockade if it does not repeal or amend its recently passed omnibus budget bill that made changes to the Indian Act and the Navigable Waterways Act.

“If we’re going to shut down that highway, we’re going to shut it down completely — and not just for one day,” he said, warning that “every major highway across the country” would fall to a similar fate. “It’s escalated to a point where people’s frustrations are beginning to run out, and when people’s frustrations run out, things happen.”

In Southern Ontario, Grand Chief Gordon Peters of the Association of Iroquois and Allied Indians warned that Wednesday’s planned disruption along Highway 401 near Windsor is just a taste of what could come if the Harper government does not acquiesce.

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