AFN National Chief comments on June 24 Day of Action: “First Nations are ready to move forward”
Feds continue to support strengthened and renewed relationships with Aboriginal people
“Stewardship: Integrating Cultural Values in Land Use Planning”
Ontario First Nations get HST exemption two months after tax kicks in July 1
Tax break for Ontario First Nations has Atlantic chief asking: why not us too?
Lawyers for Alberta government say Métis community can’t be defined
AFN welcomes announcement on First Nations University
AFN National Chief comments on June 24 Day of Action:
“First Nations are ready to move forward”
OTTAWA, June 25 - Assembly of First Nations National Chief Shawn A-in-chut Atleo issued the following statement responding to the National Day of Action held in locations across Canada on June 24, 2010:
“Thousands of First Nations citizens and supporters participated in demonstrations - including blockades, rallies and marches - on June 24, the day before Canada welcomes world leaders to the G8 and G20 meetings. This at a time when First Nations leaders have called on Canada to advance fundamental rights recognition through endorsement of the United Nations Declaration on the Rights of Indigenous Peoples. The Assembly of First Nations, our Executive and First Nations citizens view this as a critical opportunity to re-set the relationship that has oppressed and discriminated against Indigenous peoples throughout Canada resulting in the deplorable conditions facing our peoples today.
At the AFN’s December 2009 Special Assembly, First Nations leaders designated 2010 the ‘International Year of Action’ and our citizens seized this opportunity - and the global scrutiny that accompanies international meetings - to press for action on the First Nations agenda - an agenda that carefully sets out action to affirm rights, support building effective governance systems and advancing economic and environmental responsibility.
The AFN supports the peaceful actions taken by our citizens on June 24. We want movement on these issues: honouring the spirit and intent of the Treaties; respecting First Nations rights; strengthening First Nations languages and culture; better education, better homes, better opportunities, stronger economies and stronger First Nations governments. At the AFN, we are working on these issues every day, year round.
The message of June 24 is that First Nations people are no longer willing to wait. Our citizens have shown profound patience given the poverty of our people in the face of the nation’s prosperity. A recent report by the Canadian Council of Provincial Child and Youth Advocates stated that First Nations children are in crisis; they lag behind other children across all social and economic indicators. By the age of 18 they are more likely to be involved in the criminal justice system than they are to graduate. More of our children are in state care today than during the peak of the Indian Residential School system.
Simply put, Canada is failing First Nations children. First Nations people will not stand by as our children suffer. Addressing current conditions requires a commitment to fundamental change and creating hope - hope through education and support for families and for success. The AFN has issued a Call to Action on First Nation Education which includes specific action required at all levels and in particular the Federal government committing to an equality and sustainability guarantee for every First Nation child.
Our time is now. The message from June 24 is that First Nations citizens are ready to move forward and we want all Canadians to walk with us.
We call on Canada to work with us on an agenda that will lead to real reconciliation and fulfill the promise of the Apology from Canada to First Nations on June 11, 2008. Canada speaks to its international commitments at the G8 and G20, yet First Nations people suffer while surrounded by the riches of their traditional territories.
The AFN will participate in the Queen’s imminent visit to Canada. First Nations’ historic relationship is with ‘the Crown’ and this will be an opportunity to remind everyone of this relationship and the duty and responsibility of the Government of Canada to deal with our people respectfully on a nation-to-nation basis.
Now is the time for action. We are all Treaty people. The AFN and our Executive have set out innovative and ambitious plans for progress. All we require is a willing partner who will work with us in the spirit of partnership and mutual respect, principles embraced in the Treaties and the UN Declaration.
We are ready to move. We are ready to work. But, as was made clear on June 24, we will not wait.”
National Chief Shawn A-in-chut Atleo
Assembly of First Nations
The Assembly of First Nations is the national organization representing First Nations citizens in Canada.
Feds continue to support strengthened and renewed relationships with Aboriginal people
The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, announced June 16th the Government of Canada’s intention to repeal old provisions of the Indian Act that provide the authority to establish Indian Residential Schools and remove children from their homes and communities. The announcement was made on the occasion of the Truth and Reconciliation Commission’s first national event on Indian Residential Schools, being held in Winnipeg, Manitoba.
Truth and Reconciliation Commission first national event – Winnipeg, June 16, 2010.
“This is a long overdue gesture of reconciliation,” said Minister Strahl. “I want to eliminate forever the portions of the Indian Act that caused such suffering among Aboriginal families. This gesture reinforces our government’s unwavering commitment to establish a new relationship with Aboriginal people.”
“The Government will work with Aboriginal groups and parliamentarians on a proposal to remove these outdated provisions of the Indian Act. Going forward, it is my intention to sit with all willing partners to reform and strengthen education, and to support student success and provide greater hope and opportunity,” said Minister Strahl. “Education enables individuals to succeed, communities to flourish, and economies to prosper. There is no single change we can all aspire to bring about, that would make a bigger difference, than to close the intolerable gap in high school graduation rates.”
“This gesture is an important demonstration of our government’s commitment to healing and reconciliation. It builds upon the considerable progress we have made in strengthening the relationship between all Canadians and the Aboriginal peoples of this country,” added the Honourable Vic Toews, Minister of Public Safety and Member of Parliament for Provencher.
The first national event of the Truth and Reconciliation Commission hosted over 5,000 people including former students, leaders of national and regional Aboriginal organizations, church groups and members of the general public. “It’s one of many gestures that illustrate our desire as a government and a nation to foster a spirit of reconciliation between Aboriginal peoples and all Canadians,” Minister Strahl said.
The Truth and Reconciliation Commission is one of the components of the Indian Residential Schools Settlement Agreement which was negotiated by the Government of Canada, Aboriginal organizations, the Churches and claimant counsel. It was established in 2008, and is intended to create a lasting and positive legacy of the stories and experiences of Indian Residential School survivors.
“Stewardship: Integrating Cultural Values in Land Use Planning”
4th Annual CFAR Conference a success
The Circle for Aboriginal Relations (CFAR) Society’s 4th Annual Conference at the Marriott at River Cree on May 19 -20, 2010 was a resounding success. A common sentiment among the 175 delegates was ‘Where else can you sit at a table with representatives from Aboriginal communities, government and industry and have frank, respectful and open discussions?’
Many Aboriginal communities were represented at the conference along with staff from government departments and Industry. Additionally the conference reached into Manitoba, bringing delegates from the Government of Manitoba – Department of Aboriginal Relations.
This year’s conference theme was Stewardship: Integrating Cultural Values in Land Use Planning. The keynote speaker Chief Carolyn Buffalo from the Montana Cree Nation.
Other inspiring speakers were:
- Aaron Aubin (Dillon Consulting) - National and International Best Practices shared on Indigenous People Community Planning and Relations.
- Dave Bartesko (Land Use Secretariat) – Land-use Framework and Regional Planning
- David Carson (TECO, (formerly Timberline), Natural Resource Group Ltd.) – Case Study
- Timberline & In-SCHUCK –ch Nation Patience, Planning, Progress, Potholes and Potential.
A very well received new interactive format was incorporated for the breakout sessions. Three rotating sessions were offered by:
- Lisa Maria Fox (Sustainability Resources) and Vivienne Beisel (Beisel Law) co-facilitated the session that delved into Integrating Watershed and Other Values into the Planning Process.
- Bee Schadeck (Devon Canada) and Germaine Conacher (Calliou Group) co-facilitated a traditional learning session entitled Treaty Rights & Land Stewardship.
- Jeff Cook (Beringia Community Planning Inc.) facilitated the session Building Strong Relations through Effective Community Engagement.
The delegates were also treated to two panel sessions dealing with Perspectives on Land Use. The first panel session panelists were:
- Dr. Marc Stevenson (Consultant and Treaty 6 appointment to the Lower Athabasca Regional Advisory Council for the lower Athabasca Region Land Use Plan)
- Jason Goodstriker (Former Regional Chief of Alberta for the Assembly of First Nations)
- Melody Lepine (Mikisew Cree First Nation, Government & Industry Relations)
- Gerald Cunningham (former President, Métis Settlements General Council)
The second panel session panelists were:
- Dave Bartesko (Land Use Secretariat)
- Greg Brady (Devon Energy)
- David Carson (TECO, (formerly Timberline), Natural Resource Group)
- Erin McGregor (Alberta Culture and Community Spirit)
The question ‘Discuss your organization’s/community’s role in land use planning? What steps can be taken to improve the integration of cultural values in land use planning?’ was posed to each panel giving them each time to respond then collecting questions from the floor to be further answered by the panelists.
The emcee Hal Eagletail was a definite positive addition to the conference this year. He set the tone for the conference and everyone was immediately put at ease by his humour and down to earth style.
Rounding out the conference experience were the second to none networking opportunities created by the CFAR Society for which CFAR is well known. From the pre-conference golf tournament at the Ranch Golf & Country Club, the Icebreaker Reception on May 18th at the Marriott at River Cree, the Gala dinner with the music of Jared Sowan and his band to the many networking opportunities afforded throughout the conference the delegates came away re-acquainted with many past colleagues and acquainted with many new colleagues.
The quality of this conference was stellar leaving the delegates looking forward to the 5th annual conference in 2011 and the opportunity to re-connect with old and new friends alike! To view the website for the CFAR Society please visit www.cfarsociety.ca.
Ontario First Nations get HST exemption two months after tax kicks in July 1
By Keith Leslie
The federal government agreed June 17th to Ontario’s request to give First Nations a point-of-sale exemption on the harmonized sales tax, but blamed the province for mishandling the issue.
Ontario First Nations have been exempt from the provincial sales tax for decades, and were threatening road closures during the G8 and G20 summits if they didn’t get an HST exemption.
Ontario’s Liberal government has maintained it always wanted First Nations to have the right not to pay the HST at point-of-sale, and said it was Ottawa’s fault the exemption hadn’t been allowed.
However, in a letter obtained by The Canadian Press, dated June 17, Finance Minister Jim Flaherty says Ontario didn’t bother to ask for the exemption on time, but Ottawa has decided to allow it anyway.
“The decision to adopt the HST framework is for provinces to make,” Flaherty wrote to Ontario Finance Minister Dwight Duncan.
“Last year I had communicated to you a firm deadline of June 30, 2009, for Ontario to inform the government of Canada of its list of desired point-of-sale rebates. Although Ontario did not respect this deadline… the government of Canada has worked diligently to accommodate your decision and the needs of Ontario First Nations.’’
Ontario Revenue Minister John Wilkinson said the province managed to secure other exemptions requested after Flaherty’s deadline, and accused Ottawa of dragging its feet on the HST exemption for First Nations.
“Up until recently, the province of Ontario and the federal government were not on the same page about this,” Wilkinson said in an interview.
“We were frustrated that we were unable to have First Nations, the government of Ontario and the government of Canada in the same room to work this out.’’
The HST takes effect July 1, but the point-of-sale exemption for First Nations won’t be in place until September. Wilkinson said talks are underway with First Nations about how to deal with the HST in July and August.
Ontario’s opposition parties have maintained all along that Premier Dalton McGuinty should have fought for the point-of-sale exemption for First Nations when he negotiated other exemptions in the $4.3-billion HST deal with Ottawa.
Progressive Conservative Leader Tim Hudak said he’ll be pushing for more HST exemptions now that First Nations have secured theirs.
“Dalton McGuinty says he wants to give First Nations a break, but what about seniors who can’t pay their hydro bills, or for a commuter who can’t pay for gas for her car,” asked Hudak.
“We’re going to continue now to press for exemptions now that Dalton McGuinty has opened the door.”
Wilkinson dismissed the suggestion it was the threatened protests during the G20 that prompted the deal on the HST exemption.
However, the New Democrats said that was clearly why the two governments stopped treating First Nations like a Ping-Pong ball” on the issue.
“I’d bet dollars to doughnuts that that’s exactly what’s happened,” said NDP Leader Andrea Horwath.
“They had to finally stop pointing fingers and start getting down to brass tacks with the G8/G20 on the horizon because they didn’t want to see any significant embarrassment to the city of Toronto, nor to the province nor to the nation.”
Tax break for Ontario First Nations has Atlantic chief asking: why not us too?
By Stephanie Levitz
A tax break for Ontario’s First Nations has an Atlantic Canada chief wondering whether his community can get one as well.
Ontario’s First Nations have won their battle to be fully exempted from the provincial portion of the new harmonized sales tax (HST).
While the HST doesn’t come into effect in Ontario or British Columbia until July, it’s been in place in Nova Scotia, New Brunswick and Newfoundland since 1997.
When it was introduced, First Nations there lost the same right Ontario just fought to keep: an exemption from provincial tax at the point of sale.
Instead, First Nations in Atlantic Canada were given an exemption only if the goods were bought on or delivered to reserves, which is now the practice across Canada.
“I guess at that time, one we didn’t have the numbers of Ontario. And two, we didn’t have the G8,” said Rick Simon, the Assembly of First Nations’ Regional Chief for Nova Scotia and Newfoundland.
Simon said First Nations leaders in the Atlantic provinces have been watching the Ontario deal closely.
He said they’ve been told for years that the federal government wasn’t interested in negotiating with them on tax issues.
“If they’ve made concessions to Ontario, obviously that would strengthen our negotiations in the Atlantic to get taxation back on the table with the federal government,” he said.
“Either that or obviously somebody’s just blowing smoke over fear of the G8 and disruption that might come out of Ontario.”
He advised Ontario First Nations to get any deal on taxes in writing.
At the other end of the country though, it’s a different fight.
While B.C.’s First Nations community does oppose the HST, they aren’t asking for the same kind of off-reserve tax exemption as in Ontario because they don’t have it now.
Both provinces will continue to be exempt from taxes on reserve.
“The problem is that the majority of our people live off reserve so they are subject to this consumption tax,” said Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs.
“We’re already among the poorest of the poor and can’t make ends meet.”
Philip said they’ve had no talks with the federal government about getting an exemption and their meeting with the provincial government isn’t until the week before the tax comes into effect.
They are also considering legal action over the HST.
“We are sovereign people. We are not subject to tax from another government so the outcome of this could very well create a situation similar to Ontario,” he said.
“But it’s absolutely incredible that the (provincial government) is literally going down in flames over this issue and they’ve absolutely refused to reconsider.”
While B.C. is not expected to grant an exemption to First Nations, the province’s finance minister said they are offering some relief through quarterly payments of up to $230 each for low-income earners.
“When you start looking at the average income of First Nations in British Columbia, there will be a significant benefit to First Nations households in the province because of the HST credit that will come in the form of a cheque in the mail,” Colin Hansen said in Victoria.
While Ontario’s premier has said he supports the idea of an exemption for First Nations, it was not part of original negotiations with the federal government over exemptions.
The federal government wouldn’t comment on the new round of talks.
“This is a matter of provincial jurisdiction and choice,” said Annette Robertson, a spokesperson for Finance Minister Jim Flaherty, in an email.
“Ontario’s government has decided in principle to maintain the provincial exemption for status Indians. We respect tax decisions taken by provincial legislatures and assemblies.”
Lawyers for Alberta government say Métis community can’t be defined
By Alex McCuaig
The final day of the trial of two Métis men charged with breaching hunting regulations finished with a bang June 24th as Alberta government lawyers took aim at the heart of the defence’s arguments.
Ron Jones and Garry Hirsekorn were both charged after deliberately taking part in community hunts in 2007 and 2008 which sought to bring the question of Métis hunting rights in southern Alberta before the courts.
The Supreme Court defined who could benefit from Métis rights outlined in the 1982 Constitution in a 2003 ruling known as the Powley decision.
The Government of Alberta only recognizes certain communities in northern Alberta as Métis under the definition, which requires, in part, a long-standing presence in a region and an adherence to Métis traditions.
Provincial lawyer Thomas Rothwell began his final arguments by saying the men’s claim has no validity as both were born outside of the Medicine Hat area.
Rothwell said no one is arguing that hunting is not part of Métis culture but a connection in the area between the late 19th century settlement to the modern day community doesn’t exist for the two men.
“You have to be there (for it) to be integral to your culture,” said Rothwell.
He challenged the idea of a stable Métis community even existing before the Crown exerted effective control over southern Alberta with the coming of the North West Mounted Police in 1874.
Additionally, Blackfoot tribes violently fought Métis attempts to move into their territory in southern Alberta, he said.
Rothwell said this had the effect of leaving a distinct absence of Métis in this part of Alberta.”
Provincial lawyer Angela Edgington continued the argument, saying this was the first case which sought to appoint an Aboriginal group bearing Métis rights “where there is a difference between a historic community and a modern community.”
She went on to state, “our concern is with continuity… (but) it has not been shown here.”
The evidence put forward, she explained, showed no continuous settlement of Métis in the area but one which was “fleeting or temporary.”
Edgington described the defence’s approach of asking Judge Ted Fisher to accept the argument the men are part of a much larger rights-bearing community which stretches from Ontario to Northern B.C. as “novel.”
She said that would mean allowing Métis from across the prairies to hunt anywhere.
“What’s wrong with that?” struck back defence lawyer Jean Teillet. “What’s wrong with that picture?’’
Teillet said if Métis from one historical community couldn’t hunt in a separate one “then we are the only Aboriginal people who (can’t).”
Fisher questioned that, saying he would have to go outside accepted legal boundaries to accept the argument.
Teillet also took exception to the defence argument Métis are not homogenous.
What on Earth is a homogenous society in the first place?” asked Teillet, adding that Métis culture, by definition, is a hybrid of First Nations and European tradition. “There is nothing homogenous about it.
The 45-day trial, which began in May 2009, will have to now wait at least till the end of October before a decision is handed down, Fisher told the court.
AFN welcomes announcement on First Nations University
On June 2nd Assembly of First Nations National Chief Shawn A-in-chut Atleo welcomed an announcement by Indian and Northern Affairs Canada Minister Chuck Strahl that he will restore $4 Million in funding to the First Nations University (FNUniv), which will cover expenses from September 1 to March 31.
“This is good news for students, and First Nations across Canada who deeply value the First Nations University and who, until now, have been concerned about the future of this institution,” said National Chief Shawn A-in-chut Atleo. “It’s an acknowledgement from Indian and Northern Affairs Canada Minister Chuck Strahl that many improvements have been made to ensure the future accountability and sustainability of the First Nations University.”
The National Chief also congratulated students, the Interim Board of Governors, the Federation of Saskatchewan Indian Nations and AFN Regional Chief Guy Lonechild for their clear and strong commitment to FNUniv.
The Assembly of First Nations is the national organization representing First Nations citizens in Canada.