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NATIONAL NEWS - June 2010
Crowder addresses plans for Aboriginal history month 20 year victory for the Wendat Nation before the Supreme Court of Canada CHRC and Southern First Nations join together in a new partnership Feds reintroduce legislation to help First Nations develop commercial real estate on reserves Tory bill aims to regulate drinking water in First Nations Denmark says Arctic Council must warm to others to ensure its salvation The Innu Uashat Mak Mani-Utenam go to court to enforce their Aboriginal rights APTN announces 4th annual Aboriginal Day live celebration NWAC mourns the death of former president Bertha Allen Canadian captures 2010/11 Miss Indian World title Create independent body to monitor First Nations elections and appeals says report by Standing Senate Committee Immediate steps to create a First Nations Electoral and Appeals Commission should be undertaken by the Department of Indian Affairs and Northern Development says a report by the Standing Senate Committee on Aboriginal Peoples. The report suggests that the existing two-year term of office imposed on First Nations by the Indian Act is too short to provide political and economic stability, often creating deep divisions in communities. According to the committee, establishing an independent body empowered to hear First Nations elections appeals, replacing the current cumbersome and costly process managed by the Department, could strengthen and promote increased electoral capacity for First Nations and help develop effective, transparent, and accountable First Nations governments and election practices. The report entitled “First Nations Elections: The Choice is Inherently Theirs” calls for a firm commitment by the Department of Indian Affairs to assist First Nations who currently hold elections under the Indian Act to revert to “customary” or community-based codes. The committee believes that enabling First Nations to design and affirm the details of their self-governance regime is the best way to achieve lasting solutions. “Our Committee acknowledges that governing is increasingly a complex and challenging task, which is why we believe greater support must be made available to First Nations to assist in the development of effective management and administrative practices” says Senator Gerry St. Germain, P.C., Chair of the committee. “A First Nations Electoral and Appeals Commission could assist in developing capacity in terms of governance and professional services.” The report outlines the need for clear targets and timelines for the reversion to community-codes and underscores that sufficient funding be made available for First Nations currently under the customary method of leadership selection to update their codes to be consistent with Canadian law and effective governance practices. The committee also calls on First Nations Leadership to ensure appropriate consultation mechanisms are used to make certain all community members can meaningfully contribute to the development and implementation of community-based codes. “First Nations community members must be able to actively participate, as appropriate, in the decision-making processes of their governments,” says Senator Lillian Dyck, Deputy Chair of the committee. “Political accountability of Chief and Council to community members needs to be strengthened.” In addition, the committee recommends the Department of Indian Affairs and Northern Development, in collaboration with interested regional First Nations organizations, establish pilot projects to develop and implement First Nations-led electoral initiatives and to guide policy or legislative development in this area. The report “First Nations Elections: The Choice is Inherently Theirs” is based on testimony to the Committee during public hearings in British Columbia, Manitoba and Ottawa and is informed by the need to give meaningful expression to the inherent right of self-government. To read the full report and list of recommendations, please visit the committee website: www.senate-senat.ca/abor-autoch.asp Crowder addresses plans for Aboriginal history month In a statement on May 27th in the House of Commons, NDP Aboriginal Affairs critic, Jean Crowder (Nanaimo-Cowichan) addressed the government plans to commemorate Aboriginal History Month. “I wanted to make sure that Aboriginal History Month was more than just a vote in the House of Commons,” said Crowder. “I wanted to know what concrete steps the federal government was taking to celebrate Aboriginal history.” On June 3rd 2009, the House of Commons voted unanimously to support Ms. Crowder’s motion to declare June as National Aboriginal History Month in Canada. A copy of Ms. Crowder’s statement is below. “Mr. Speaker, last year this House voted unanimously to declare June as National Aboriginal History Month. A declaration without action to back it up would be an empty promise, so I followed up on the original NDP motion by contacting relevant federal departments and asking how they would observe Aboriginal History Month. Indian and Northern Affairs is promoting the month on their website and at National Aboriginal Day events and promises to further develop new initiatives for June 2011. Parks Canada already had a strategic plan to increase the representation of Aboriginal history subjects in its national commemoration program of people, places and events of historical significance. Three of those subjects are designation of the Similkameen Spirit Trail in BC, the Abenaki migration to New France and Chief Peguis’s role in the Selkirk settlement. Three subjects I think very few Canadians know about. This is the start of a national project to bring Aboriginal history to the forefront in Canada. I encourage all members of the House to celebrate Aboriginal History Month in their ridings.” 20 year victory for the Wendat Nation before the Supreme Court of Canada This year the Huron-Wendat Nation celebrates its 20 year victory before the Supreme Court of Canada, confirming the contemporary legal scope of a treaty agreed between the Huron-Wendat Nation and the British authorities. The Nation decrees that May 24th will commemorate the Court’s historical decision, and each year, Monday preceding May 25th will be considered a statutory public holiday. On May 24, 1990, nine unanimous judges of the Supreme Court of Canada sided with the Huron-Wendat Nation, in the Sioui Case, concerning the right of their members to occupy the public lands on the basis of the national and collective rights and was validated by a treaty agreed upon September 5, 1760, in Longueil, on the eve of the capitulation of Montreal by Great-Britain. The judgement states that the Crown has the duty to honour the treaty, which confirms the freedom of traditions, trade and religion for the Huron-Wendat Nation. This historical judgment supersedes certain provincial laws and gives precedence to the Nation’s treaty rights. Today, this treaty continues to be a fundamental legal instrument to put forth the Huron-Wendat Nation’s specific rights on their ancestral territory, the Nionwentsïo. The Grand Chief of the Huron-Wendat Nation, Mr. Konrad Sioui, considers that this judgment marked jurisprudence and will influence future judgments. He indicates that “this judgment raised great pride for our members who are the holders and the guardians of these rights. They must now assert their rights and proceed in an organized manner, with justice, equity and wisdom. The Nation’s Council assumes the responsibility to coordinate and put forth the rights recognized in the judgment, among others in terms of territory development. We will maintain and defend, concretely and daily, the existence of the treaty and the reality of the rights of our people. The Crown must respect and take into account the specific rights recognized by the Supreme Court”. The Huron-Wendat Nation considers the 1990 judgment to be a high profile case in the Canadian justice files. CHRC and Southern First Nations join together in a new partnership During a signing ceremony held on May 26th, the Canadian Human Rights Commission and the Southern First Nations Secretariat formalized their agreement to work together in preparation for June 2011, when First Nations people will receive full access to human rights protection under the Canadian Human Rights Act. The Commission and the Secretariat will initiate a pilot project to develop a First Nations led process for internal dispute resolution. This will enable First Nations to deal with allegations of discrimination in an internal recourse process. Both organizations are excited by the idea of establishing the first collaboratively developed First Nation internal dispute resolution process to resolve human rights concerns within the communities themselves. “Southern First Nations Secretariat has committed to a proactive approach to providing human rights protection for the people we serve” said Mike George, Executive Director, Southern First Nations Secretariat. “We want to be ahead of the curve, and have in place our own ways of resolving disputes at the First Nation level.” David Langtry, Deputy Chief Commissioner of the Canadian Human Rights Commission adds, “After more than 30 years, First Nations peoples in Canada finally have access to the same fundamental human rights cherished by all Canadians. Working together, we are solidifying the human rights structure in Canada, raising awareness of the Canadian Human Rights Act and advancing human rights for all people in Canada.” The pilot project will result in lessons learned and best practices, which can be shared with other First Nations wanting to follow the same path. Feds reintroduce legislation to help First Nations develop commercial real estate on reserves May 12th the Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, reintroduced legislation to facilitate the development of major commercial real estate on reserve land when requested by the band. “Our Government is committed to removing barriers to economic development on reserves,” said Minister Strahl. “The proposed legislation will make it easier for First Nations to pursue large real estate projects on their land, opening the door to new opportunities in a potentially lucrative market.” The First Nations Certainty of Land Title Act would amend the First Nations Commercial and Industrial Development Act to permit the registration of on-reserve commercial real estate developments in a system that replicates the provincial land titles or registry system. First Nations that make use of the new legislative tool would ensure their on-reserve real estate developments benefit from greater certainty of land title, making the value of these properties comparable to similar properties off reserve land. The Squamish Nation in British Columbia is a major proponent of the new bill. The First Nation is currently developing a proposal for new condominiums on reserve land in West Vancouver. “The First Nations Certainty of Land Title Act will bring us one step closer to realizing our economic development goals, including the construction of new state-of-the-art condominiums on our land in West Vancouver,” said Squamish Nation Chief Gibby Jacob. “The successful completion of this project will bring new investment in our community, improving the quality of life for all our members.” The First Nations Certainty of Land Title Act is optional legislation that is available to First Nations across Canada. In order for this legislation to apply, a First Nation would need to have a commercial or industrial proponent and a province willing to participate, as well as support from their community. This initiative is in keeping with the Government’s Federal Framework for Aboriginal Economic Development, which aims to increase opportunities for partnership-based economic development projects. An important step in reaching this goal is to enhance the value of Aboriginal assets by addressing legislative and regulatory barriers to Aboriginal economic development. Tory bill aims to regulate drinking water in First Nations Drinking water in First Nations communities would be brought to the same standard as water off reserves under a bill introduced by the Conservative government. Legislation tabled in the Senate on May 26th by Indian Affairs Minister Chuck Strahl would pave the way apply federal regulations for drinking water and wastewater on reserves. Provincial and territorial laws on water currently don’t extend to Aboriginal communities. “It’s something that’s been recommended repeatedly that we need legislative standards for water so that First Nations can have the same expectations as any other Canadian,’’ Strahl said. To account for regional differences, each province and territory could have a slightly different set of federal regulations under the government bill. “What we hope to do, in a sense, is mirror the standards that you would expect in the region that the First Nations is living,” Strahl said. The Conservatives also announced a two-year extension of the First Nations Water and Wastewater Action Plan, at a cost of $330 million. The money will help pay for water and wastewater facilities. It will also pay for a national assessment of the water and wastewater needs in Aboriginal communities. The report is expected later this year. The government also says all Aboriginal communities now have access to professionals to sample and test their tap water. And the Tories noted 92 per cent of Native communities had access to water-testing kits last year, up from 56 per cent in 2002. Denmark says Arctic Council must warm to others to ensure its salvation By Bob Weber The eight nations that ring the North Pole need to make room for the rest of the world as they decide how to manage an increasingly accessible Arctic, says Denmark’s ambassador to Canada. “We realize that there is an interest from other countries that we need to handle somehow,” said Erik Lorenzen, who was in Edmonton to speak at an international conference on the Arctic. In an interview with The Canadian Press, Lorenzen pointed out that more and more nations are becoming interested in the top of the world, and several countries want permanent observer status on the Arctic Council an advisory body that studies northern issues. Canada, the United States, Russia, Iceland, Denmark, Sweden, Finland and Norway are full members. China, Argentina, France and Italy, as well as the European Union, are among jurisdictions that want to be observers. “The question of observers is on the table,” Lorenzen said. Canada has attempted to limit the number of countries involved in Arctic discussions. Ottawa restricted invitations to a recent summit on northern issues to the five nations with Arctic coastlines, snubbing not only Iceland, Sweden and Finland, but the Aboriginal groups who now have observer status. U.S. Secretary of State Hillary Clinton scolded Canada over the exclusions, especially of the Aboriginals. But Lorenzen said giving other nations some kind of formal observer status on the Arctic Council may be the best way to ensure its continuing influence allowing other countries inside the tent may be the best way to keep it standing. “We want to keep the Arctic Council a strong council. We want to make sure we all agree that that’s where you discuss Arctic issues. “You can discuss Arctic issues in all kinds of bodies. But in order to keep it there (at the Arctic Council), you need also to have the ones that will raise the Arctic issues acknowledge the Arctic Council.” That needn’t mean letting non-Arctic countries in on decisions, said Lorenzen. “We have to handle the… issues so that these observers are satisfied to a certain extent. But we are not talking of them changing the Arctic Council as such sitting at the table or making decisions.’’ Lorenzen said relations between Canada and Denmark are getting stronger all the time. Earlier this month, the two countries signed an agreement on military and search-and-rescue co-operation in the North. “One hour after they signed the (agreement), we had a Danish boat being helped by the Canadians.” In April, a Danish military dog team participated for the first time in a Canadian Arctic sovereignty operation. Denmark also supports Canada’s bid for a seat on the UN Security Council. Lorenzen hinted that even the long-running, comic-opera feud between Denmark and Canada over who controls tiny Hans Island may be close to a settlement. Legal experts from both countries recently met in Copenhagen. “They discussed how to move forward,” Lorenzen said. “I think there’s definitely a willingness to speed up a little. We don’t go to war, we go to a restaurant.” Lorenzen said that as Arctic sea ice melts and the region becomes more open to resource development and tourism, both Danes and Canadians will have to realize the size of their shared border. That 1,000-kilometre boundary is second in size only to the one Canada shares with the U.S. “It’s two countries that need to work together.” The Innu Uashat Mak Mani-Utenam go to court to enforce their Aboriginal rights The Uashaunnuat (Innu Uashat Mak Mani-Utenam) filed a motion May 7th for an interlocutory injunction against the hydroelectric project, La Romaine. The proposed electric transmission lines run through the heart of traditional lands of the Uashaunnuat and Innu traditionnal families. Soon after the announcement of the Romaine hydroelectric complex, Uashaunnuat opposed the construction of the project, including the location of its transmission lines. In June 2009, the Uashaunnuat, the Innu traditional families and the political body representing 3,800 Innu Takuaikan Uashat Mak Mani-Utenam (ITUM) filed a motion for a permanent injunction with the Quebec Superior Court. The transmission lines, provided by Hydro-Quebec to deliver electricity from La Romaine to the des Montagnais and Arnaud substation, sit directly within the ancestral lands of the Uashaunnuat and traditional Innu families. The Innu of Uashat Mak Mani-Utenam have never ceded, surrendered nor exchanged their rights to their ancestral territory, “We will prevent this project since it is without our consent and it violates our Aboriginal rights,” Chief Grégoire said. APTN announces 4th annual Aboriginal Day live celebration Aboriginal Peoples Television Network (APTN) will once again stage its annual Aboriginal Day Live celebration on Sunday, June 20th, 2010, in honour of National Aboriginal Day and the summer solstice (June 21st), with high-profile, simultaneous-running concerts in both Winnipeg, Manitoba and Ottawa, Ontario. Entering its fourth year as Canada’s largest celebration of National Aboriginal Day, this year’s free events will feature some of the biggest names in Aboriginal entertainment performing a variety of music, comedy and traditional dance led by Juno Award winning, singer, songwriter and philanthropist Chantal Kreviazuk. The celebrations will be part of a LIVE national broadcast and take place at The Forks in Winnipeg and the sacred Victoria Island site in Ottawa. Both venues have historical connections to the strong contributions of Aboriginal Peoples.
Grammy nominated and seven-time Native American Music Award “APTN is excited for all Canadians to take part in the Aboriginal Day Live concerts and celebrate Canada’s strong Aboriginal heritage and culture,” said Sky Bridges, APTN Director of Marketing. “Last year, over 15,000 Canadians attended Aboriginal Day Live performances in Whitehorse and Winnipeg. With an expanded list of superior Canadian talent performing in venues rich with Aboriginal tradition, we’re confident that Canadians will once again come out and enjoy this historic celebration of Aboriginal pride.” In Winnipeg, actor Nathaniel Arcand, star of the groundbreaking comedy, Moose TV, and APTN National News co-anchor Patrice Mousseau will host the stage which will headline Chantal Kreviazuk. Other performers on the Winnipeg stage include seven time Aboriginal Peoples Choice Music Award nominee Don Amero; Keith Secola, who combines traditional Aboriginal percussions, world beat and tribal dance; Grammy nominated and seven time Native American Music Award winner Jana Mashonee; 2008 Aboriginal Peoples Choice Award winner for Best Hip Hop CD Red Power Squad; and Tumivut, a group that mixes contemporary music with traditional Inuit throat singing. The Ottawa stage will be hosted by star of the Gemini-nominated APTN comedy, Fish Out of Water, writer/comedian Don Kelly and award-winning, Gemini-nominated actor Jennifer Podemski. The Ottawa stage will showcase performances from the 2010 Juno Award winner of Aboriginal Album of the Year Digging Roots, the daring emcee, artist and entrepreneur Plex, Best New Artist Juno nominee Kinnie Starr, vibrantly talented Inuk singer/songwriter Lucie Idlout, the smooth synthesizer tones from DJ Madeskimo and solo singer/songwriter Inez, who combines traditional Aboriginal sounds with contemporary hip hop and R&B. The exclusive three-and-a-half hour Aboriginal Day Live 2010 celebration will air on APTN and APTN HD Sunday, June 20 live at 8:30 pm ET (5:30 pm PT; 6:30 pm MT; 7:30 pm CT). For more information on APTN’s Aboriginal Day Live 2010 visit www.aboriginaldaylive.com NWAC mourns the death of former president Bertha Allen The Native Women’s Association of Canada (NWAC) is saddened by the loss of Bertha Allen a powerful leader for Aboriginal women’s rights. A founding member of the Native Women’s Association of North West Territories, Ms. Allen was laid to rest after succumbing to a lengthy battle with cancer at the age of 76.
Gov. Gen. Michaëlle Jean (left) A Gwich’in women’s leader who was born in Old Crow, Yukon, Ms. Allen lived most of her life in the Mackenzie Delta area. She was a staunch believer in advancing social change on behalf of Aboriginal and Northern women; and as a result devoted her life toward helping to achieve this equality on a number of fronts. Her involvement dates back to the 1970’s when she helped to found the Native Women’s Association of the Northwest Territories, eventually becoming the organization’s first President. Later on, Ms. Allen conducted work on the issue of gender equality for Aboriginal women by acting nationally as the President of the Native Women’s Association of Canada. “Bertha Allen spent her lifetime championing the rights of Aboriginal and Northern women in Canada. Her strength of character and commitment to achieve equality for Aboriginal women was an inspiration. Her role as an activist and leader also led to the creation of numerous training centers for Native women in Yellowknife and Inuvik. I am deeply saddened to hear of her passing, and wish to extend my condolences to her family and friends. On behalf of the Native Women’s Association of Canada, I can say with a heavy heart that we will all mourn the loss of such an inspiring, and dedicated woman,” says current NWAC President Jeannette Corbiere Lavell. Her involvement in pursuit of equality was expansive. In addition to her leadership roles within NWAC, Ms. Allen also worked on the NWT Constitutional Committee, served on the National Aboriginal Advisory Committee to the RCMP Commissioner, the NWT Judicial Appointments Committee, and the Multicultural Advisory Committee to the RCMP. In 2005, she was recognized for her leadership and received the National Aboriginal Achievement Foundation’s Lifetime Achievement Award. This recognition continued on in 2007, when she was named to the Order of Canada. Last year, she was honoured with the Northern Medal by Governor General Michaëlle Jean for her role in supporting equality for Aboriginal and Northern women. Ms. Allen’s contributions to the Native Women’s Association of Canada were many and the organization wishes to remember her powerful wisdom and strength of spirit. Canadian captures 2010/11 Miss Indian World title At the 27th Annual Gathering of Nations, the most prominent Native American Pow Wow in the world, held in Albuquerque, New Mexico at the end of April, fourth-year Trent University student Dakota Brant was crowned Miss Indian World.
2010 Miss Indian World Dakota Brant “When I heard my name announced as a winner, I was greeted first by shock, and then a strong sense of responsibility in my new position,” Brant said. “I felt overwhelmed, but I have become strong from knowing myself, my family’s love and my Nation’s support. I know to always consider what kind of ancestor I want to become for some child when making my decisions. In knowing that, I can proudly represent my people and never forget who I am as a Native woman, a young leader and a future teacher.” Brant, a member of the Mohawk Nation Turtle Clan, is the first Mohawk woman to ever be crowned Miss Indian World. She competed against 26 other Native American and Indigenous women representing different tribes and traditions in the areas of tribal knowledge, dancing ability, and personality assessment to win the title, one of the most prestigious honours in the Native American and Indigenous world. As the new ambassador of all Native American nations to the world, Brant, who graduates with a degree in Indigenous Environmental Studies from Trent University in June, holds the responsibility of building bridges between cultures, and strengthening relationships across the America’s and around the world. During her time at Trent, Brant has been the Indigenous student commissioner with the Trent Central Students Association, and is a former vice-president of the Trent University Native Association. Outside of the University, she has been active regarding both youth and thought leadership with organizations like the Indian Defense League of America. Brant is also an Honour Roll student, a proud Mohawk speaker, a firefighter, avid beader and Smoke Dancer, and a performer with the Haudenosaunee Women’s Performance group “Kontihente.” |
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