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We Can't Fix Attawapiskat Until We Fix the Indian Act

Posted: 12/06/11 08:57 AM ET

How utterly and depressingly tragic -- and predictable -- the scene in Attawapiskat is.

It is one that is repeated year after year. A television camera brings the third world conditions of a Canadian community into our homes. The story and images of abject poverty and despair in Aboriginal communities becomes the flavour of the week on the nation's editorial pages. We profess our collective revulsion that this can exist in our country. The federal government of the day declares that it has been spending a lot of money, so the situation must be someone else's fault. But, they assure us, they are on the case and will fix the problem immediately.

Another Aboriginal community that no one has ever heard of, much less correctly pronounce, sits in a remote part of Canada. There is no apparent reason for that small group of people to be there. There are no schools, no hospitals, and no economy to sustain these people. There is nothing for people to do except watch television, drink and do drugs. Yet, the people that live in these desolate places call it home. And they are into their fifth generation as being wards -- dependents -- of the state.

That is because the Indian Act -- an arcane law of our Parliament as old as Canada itself that institutionalizes apartheid on our soil -- makes it impossible for Ottawa's paternalistic iron grip of dependency to be loosened. The law stipulates that the "reserve" is home, and being a member of that community entitles you to a life of being taken care of by Ottawa. Over time, generations of our fellow citizens have known no other way to live.

So, perversely, in the name of "doing what's right" for our fellow Canadians, we keep these proud, cultured, spiritual, and rich societies in emotional, financial, and psychological bondage.

The Indian Act and all it represents should make us bow our heads in shame. More constructively, it should compel us to action to demand that Ottawa and the provinces address the fundamentals of this longstanding blight on our national soul.

Making action more difficult are the few Aboriginal "leaders" that make a very healthy living off the status quo and don't want to change it. So do an army of lawyers, consultants, bankers, and government bureaucrats. The "Indian industry" is big business. Politicians have every incentive to "manage" these files by continuing to throw money at it. The Department of Indian Affairs and Northern Development alone spends $13 billion. There is much more.

After six full years as prime minister, Stephen Harper has decided to meet national chiefs of the Assembly of First Nations in January. Like his recognizing the importance of China and India, better late than never, I suppose. So here's some free advice: Mr. Harper, why don't you take your majority for a test drive on something really important? It is something that previous governments -- whether they were Liberal or Progressive Conservative -- never had the courage to fix; something that is a real problem, not an imaginary one like spending billions for more jails for a crime rate that is at record lows. A problem, that if you demonstrate some statesmanship, could unlock the vast untapped potential of our national economy, save countless lives and fuel hope, and make us all even more proud to be Canadian.

Take a deep dive into this problem. Inject your full authority creating an aggressive reform agenda, beginning with the Indian Act. Expedite the settlement of treaties as the courts have told you must be done. And invest significantly in Aboriginal education and training.

Like the rest of us, Aboriginal people thirst to be productive contributing members of our society. They want access to the same opportunities that the rest us of take for granted. They want -- and are fully entitled to get -- their freedom. As Canadian citizens, they deserve no less. And that's all they truly want to be - Canadian - with all the rights and responsibilities that goes with that honour.

Daniel D. Veniez is a Vancouver businessman. He ran for the Liberal Party of Canada in 2011. He is working on a book on policy and politics that will be published next year.

 

Follow Daniel D. Veniez on Twitter: www.twitter.com/@danveniez

How utterly and depressingly tragic -- and predictable -- the scene in Attawapiskat is. It is one that is repeated year after year. A television camera brings the third world conditions of a Canadian...
How utterly and depressingly tragic -- and predictable -- the scene in Attawapiskat is. It is one that is repeated year after year. A television camera brings the third world conditions of a Canadian...
 
 
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12:21 AM on 12/07/2011
Put any group of people in a remote area and they're not going to do too well.

The Indian act is meant to simulate a degree of sovereignty on their "reserves", so they can be technically independent of the outside. The First Nations are not confined to the reserves, they are free to live in the big cities. I've spoken with aboriginal peoples here in BC and they all describe a sort of attitude amongst the reservations that leaving to live in the city with 'the others' amount to some kind of treachery against their people. We all know Canada rightfully belongs to the natives, but for pragmatic purposes they need to come mix with the rest of us in the urban areas, or they will slowly go extinct on their reservations.
Donna Meness
www.findmaisyandshannon.com
11:57 PM on 12/06/2011
RCAP:( 15 yrs. ago)

MODERNIZED TREATIES:VOLUME 2 PART TWO
&
2.3.45:The government of Canada present legislation to abolish the Department of Indian Affairs and Northern Development and to replace it by two new departments: a Department of Aboriginal Relations and a Department of Indian and Inuit Services.

2.3.46:The prime minister appoint in a new senior cabinet position a minister of Aboriginal relations, to be responsible for

. guiding all federal actions associated with fully developing and implementing the new federal/Aboriginal relationship, which forms the core of this Commission's recommendations;

. allocating funds from the federal government's total Aboriginal expenditures across the government; and

. the activity of the chief Crown negotiator responsible for the negotiation of treaties, claims and self-government accords.

VOLUME 5 Renewal: A Twenty-Year Commitment
Appendix A: Summary of Recommendations Volumes 1-5

http://www.collectionscanada.gc.ca/webarchives/20071218071904/http://www.ainc-inac.gc.ca/ch/rcap/sg/ska5a3_e.html

Re: self-goverance

Again already discussed: FMC 1987 & RCAP Volume 2.Pt.1/4.4
Donna Meness
www.findmaisyandshannon.com
11:52 PM on 12/06/2011
Over the past two years, there has been a surge in mining claims staked throughout Ontario. In particular, there has been an escalation in the flurry of mining activity in the Far North in an area known as the Ring of Fire some 240 kilometres west of James Bay and northeast of Thunder Bay, shattering once pristine habitat and home to species found in few other places in the world.

to see on map
http://www.ontarionature.org/protect/campaigns/PDFs/Ring%20of%20Fire.pdf

it covers 1 million hectares & is comprised of 4600 mining claims

Mind you TREATY 9 has promises that weren't kept ...

http://www.northernontariobusiness.com/Industry-News/mining/Attawapiskat-unhappy-over-Victor-Mine-issues604.aspx

http://netnewsledger.com/?p=7878
Donna Meness
www.findmaisyandshannon.com
11:52 PM on 12/06/2011
Since Indians won at the Supreme Court that settler govt's have " a duty to consult" many provinces have a forced consultation process- Indigenous peoples cannot opted out on any development that corporations deem profitable in CANADA Debeers has an mining agreement with Attawapiskat - they get 1% & the province of Ontario gets 15%

Located on the First Nation’s traditional lands 80 kilometres away, the Victor Mine is Ontario’s first diamond mine, producing 600,000 carats per year.

Dewatering of the site flows into the Attawapiskat River, leading Hall to express concern that the peatland’s naturally-occurring mercury may have unknown long-term effects.

The community relies on the waterway for fishing, hunting and medicinal plants and local whisperings of dead fish, where none had been seen before, is stirring fear..

Attawapiskat’s concerns extend beyond this issue, says Hall, who adds that although 1,800 live on the reserve, 2,000 members currently live elsewhere.

Some would return if the appropriate jobs and homes were made available, but the majority of the contracts held by the community are for menial, low-paying tasks, she argues. Worse, she says, these jobs have exposed residents to insults and discrimination from other workers at the site.

http://www.debeerscanada.com/files_3/weekly-feature-041310.php

http://www.debeerscanada.com/files_3/victor-mine.php

http://www.debeerscanada.com/files_3/weekly-feature-011111.php
02:59 PM on 12/07/2011
I think you don't understand that duty to consult basically means a phone call saying "Hey! We want to have a new mine... Ohh you don't think it would be good for the wapiti? Oh! That's too bad. Anyway, work starts in 6 months."

Don't mistake duty to consult First Nations with a duty to take First Nations interests into account.
Donna Meness
www.findmaisyandshannon.com
01:29 AM on 12/08/2011
Georges Erasmus wrote in the forward of DRUMBEAT: Anger & Renewal in Indian Country - ISBN#0-929091-03-5 ( page1): "As people of the First Nations of Canada we have a vision of the sort of country we want to live in & to build in collaboration with other Canadians. It is certainly not the sort of country we have now... To do so we have to go back to the agreement made in the Two-Row Wampum Treaty signed between First Nations & the newly arrived Europeans in 1664. All across North America today First Nations share a common perception of what was then agreed: we would allow Europeans to stay among us & use a certain amount of our land, while in our own lands we would continue to exercise our own laws & maintain our ouw institutions & systems of government. We all believe that that vision is still very possible today, that as FN we should have our own governments with jurisdiction over our own lands & people. WE SHOULD DECIDE ABOUT AND BENEFIT FROM THE TYPE OF DEVELOPMENT WE WANT IN OUR OWN TERRITORIES, NOT HAVE SUCH DEVELOPMENT FORCED ON US TO SERVE OUTSIDE INTERESTS."
Donna Meness
www.findmaisyandshannon.com
01:30 AM on 12/08/2011
..detailed discussion in Chapter 4, on lands and resources. "The exclusive land bases held by Aboriginal peoples are, in most cases, only a small fraction of the much larger areas that constituted their original homelands. These traditional lands are now shared with other groups, both Aboriginal and non-Aboriginal. While Aboriginal people generally do not dispute the need to share these territories with others, they emphasize that they have strong ties to their original homelands that involve special rights and responsibilities. Aboriginal jurisdiction over traditional territories is inherent and exists independently of any recognition by the governments of Canada and the provinces. From this perspective, agreements regarding shared lands and resources should be based on the principle of co-jurisdiction. The co-jurisdiction model differs from certain co-management approaches currently proposed by provincial governments. The latter enable Aboriginal people to participate in the management of resources, but under legislative and policy regimes developed without the participation of Aboriginal people. In the eyes of many Aboriginal people, such arrangements are unsatisfactory because they do not acknowledge the autonomous authority of Aboriginal governments regarding their traditional lands and resources. By contrast, the type of regime favoured by many Aboriginal people would involve Aboriginal and non-Aboriginal governments exercising jurisdiction in a co-operative manner as equal parties." "One thing should be made clear at this point: we are not advocating the takeover of all fish and wildlife management, or exclusive use, in our territory.
Donna Meness
www.findmaisyandshannon.com
01:35 AM on 12/08/2011
REFERENCE:

In Short, it is a LEGAL DUTY imposed by the Court on Gov't to Consult and Accommodate ... Much like other Canadian Court decisions on Aboriginal issues, .... they had to litigate to prove their Rights & fight a Provincial infringement. ...

[PPT]
Conceptualizing the Honour of the Crown
www.nalma.ca/1,%202,%203%20Gathering/.../PwrPnt%20Consultation.ppt
&

http://www.sterritt.com/papers/01-032002-njs.pdf

( course I know Neil Sterritt & Joe Sanders...

&

http://www.paullewandowski.com/links/alllinks.html

The provincial governments has no choice but to negotiate "Our issues are well documented - court cases and the constitution. Jurisprudence cases across this country recognize our aboriginal and treaty rights, so they have to negotiate, they have no choice. They're deeply obligated to sit down and talk to us. They need our consent."
Donna Meness
www.findmaisyandshannon.com
11:51 PM on 12/06/2011
Provincial gov't gets 15%

Attawapiskat gets 1% for the destruction of their territory - ohh and a few jobs thrown in..

We have long memories...

If people read John Kelly's speech to the Royal Commission on the Northern Environment, " WE ARE All IN THE OJIBWAY CIRCLE"

FROM INK LAKE: CANADIAN STORIES

Edited by Michael Ondaatje

Toronto, Lester & Orpen Dennys, 1990. 714pp, cloth, $24.95
ISBN 0-88619-271-4. CIP
Donna Meness
www.findmaisyandshannon.com
11:48 PM on 12/06/2011
http://www­.ainc-inac­.gc.ca/ap/­rrc-eng.as­p

Part Two: False Assumption­s and a Failed Relationsh­ip
•8 - Introducti­on
•9 - The Indian Act
•10 - Residentia­l Schools
•11 - Relocation of Aboriginal Communitie­s
•12 - Veterans
•13 - Conclusion­s
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chuck nathaniel
Your micro-bio is pending approval
11:04 PM on 12/06/2011
Exactly. The 'indian act' is a racist piece of legislation making 'reserves' places of deeply-embedded systemic poverty.

Many partisans want the blame to lay only with the current administration, while ignoring the true history of this issue.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
10:42 PM on 12/06/2011
$4 million a year for administration costs?
Plus $11 million for salaries?
For a tiny band?

http://www.sunnewsnetwork.ca/video/search/all/number-crunching/1313122636001
02:40 AM on 12/07/2011
Some of us had the work ethic to go to the band website and actually read the documents. It's gonna hurt some but read the details. Glad to see you're not blurting out $90 million anyway. I'd be curious to see the books of a similar sized town elsewhere. Names instead of just positions would really help reveal double booking but other than that it's just like going through a big grocery bill to realize it really isn't beyond belief after all.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
10:39 PM on 12/06/2011
The real news:

http://www.sunnewsnetwork.ca/video/search/all/number-crunching/1313122636001

Seems the audit and book keeping leaves a lot to be desired.
09:29 PM on 12/06/2011
This is true as far as it goes, but can we entrust the changes to the present regime?
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chuck nathaniel
Your micro-bio is pending approval
11:04 PM on 12/06/2011
Which party introduced the Indian Act? I dont think it was Harper's.
08:21 PM on 12/06/2011
"So, perversely, in the name of ‘doing what’s right’ for our fellow Canadians, we keep these proud, cultured, spiritual, and rich societies in emotional, financial, and psychological bondage."

'We' don't 'keep' anyone in any type of bondage. Every single First Nation's citizen has every right, protected by law, to leave their reserve at any time and find a home and employment anywhere in Canada. To say otherwise, is simply self-serving.

This article clearly illustrates why the Liberal party finds itself in its current circumstances.
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TwoZeroOZ
12:16 AM on 12/07/2011
If you were given a "free life", you wouldn't leave.
Many people wouldn't, I would estimate atleast 75% of people wouldn't leave.

More than half of the Attawapiskat community HAS left.
photo
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Wren Egan
09:19 AM on 12/07/2011
Although people have the right, they may not have the ability. If people leave a reserve and come to a big city there are other issues. How do they find housing? They have never had to do this before and are not going to have the ease of people who were raised knowing they would have to learn. Like anyone arriving to a new city they will be without the support of friends and family. If they reserve education is has been sub-par they may have literacy issues to contend with when trying to find employment or even services to help them help themselves. And even if their education was acceptable, having no work means having no work history, making a job harder to come by. Combine this with basic daily racism and the temptations we all face in city life such as drugs or alcohol, and it's not a wonder to me that people give up or don't bother and simply stay on a reserve where they have, if nothing else, the support of family and community.
08:13 PM on 12/06/2011
Good opinion piece Mr Veniez, but why do you and most other commenters skate around fact and reality? Misguided political correctness?

There are huge problems on many northern reserves - for sure. Attawapiskat has little or no reason to be in the problems it is. Do you realize that in addition to money from taxpayers, it gets money from DeBeers? Do you know how much? (hint: multi-millions of dollars). Do you know what kind of financial condition the community was in when the deal was signed with DeBeers? (hint: good) Do you know that it was under different leadership at that time? (easy to find out)

So - they are getting significant funds and are in worse shape than ever. Could leadership have anything to do with the problem? (surely you can't say no!)

Do you know what "forensic audit" means? When all is revealed, I think words like "financial mismanagement" and "corruption" will be heavily used.

Opportunists like Mr Rae with his tv clip blathering about how it's the government's fault may look very foolish when all facts are assembled. Mr Smoothie Atleo is also in danger of getting himself offside by refusing to recognize and address a problem that many people whisper about but no one does anything about.

Changing [scrapping] the Indian Act is essential for permanent improvement, but in the meantime let's not soft pedal when dealing with chiefs' financial mismanagement and corruption.
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chuck nathaniel
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11:05 PM on 12/06/2011
You will be railroaded by the NDP's henchmen for saying such a thing.
03:10 PM on 12/06/2011
I couldn't agree more with Mr. Veniez. The Indian Act must be changed to allow the government to move people out of areas where it makes absolutely no sense for a community to exist. The problem is the army of bureaucrats, lawyers, chiefs and others who benefit from the status quo will make that very difficult to happen. Mr. Harper will have to show real leadership, which is a rare political attribute these days.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
10:42 PM on 12/06/2011
Yup, time to make major changes.
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JBSCanada
They paved Paradise and put up a parking lot!
12:23 PM on 12/06/2011
Nicely stated. Daniel.

Of course you agree that these people should have their immediate needs taken care of right away. Waiting for the government to enact the legislation you propose will take years - at best. It's not a criticism of this, or any other government in power in previous years. These things take time.

Until then, I expect we will again see the Red Cross deployed to that community sometime in the next 24 months, unless decisive action is taken.

I have three thoughts on the matter;

1) If we keep on doing what we have been doing, we are going to keep on getting what we have been getting. In other words, the present paradigm cannot continue, something must change fast.

2) These wooden structures seem unsuited to arctic conditions and even though more expensive and problematic, concrete and triple-glazed glass may be the permanent solution here.

3) Eric Manchester's excellent group seems proactive and well-ahead of the curve on this terrible situation. I urge anyone who wants to help to contact Canadian Arctic Service Corps, today.

Canadian Arctic Service Corps
Victoria, BC, Canada, V8X 2T7
Phone: 250-381-0099
Fax: 250-382-9532
Interim Website: www.ewmanchester.com/arctic.html
Blog: http://canadianarcticservicecorps.blogspot.com/
Twitter: http://twitter.com/cdnarcticaid
Fundraising Store: http://www.caas.shopregal.ca
Donate: http://www.canadahelps.org/CharityProfilePage.aspx?CharityID=s103683

If not now - when? If not us - who?
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BUTCHER99
11:24 AM on 12/06/2011
I believe a little fact checking will show a De Biers diamond mine in the area for jobs.
In fact you will find that they are in a working relationship with the band.
http://www.debeerscanada.com/files_3/victor-mine.php
01:45 PM on 12/06/2011
What does DeBoers have to do with anything? Native on reservations have no property rights. In other words, they don't own anything. Add to that the startling fact that the government has spent $90M over 5 years for provide roads, water, sewers, education and housing among other things to a community of approximately 1900 people (that's slightly less than $9500/person per year). I don't know about you, but it seems to me that we need to stop being paternalistic about this, given the natives the money we hold for them (all Indian Moneys from disposal of Indian Assets is held in the Consolidated Revenue Fund), turn over the land to them and let them prosper like everyone else in this country who made a significant real estate deal.
03:31 PM on 12/06/2011
And when we have given them full liberty and the money gets misappropriated by unscrupulous band chiefs such that nothing of what we gave them is left to help the conditions of their people, we will...send more money?

First Nations can't have both freedom of action and government subsidy. They can demand either but must forfeit the other. Any incremental gain in freedom of action comes at the expense of government subsidy and vice-versa.
08:14 PM on 12/06/2011
Actually, De Beers has quite a lot to do with the Attawapiskat.

http://netnewsledger.com/2011/12/01/attawapiskat-what-is-de-beers-doing-to-help/