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Flag raised for North American Indigenous Games 2014

BY KERRY BENJOE,

LEADER-POST JULY 23, 2013

The City of Regina made history when it raised the 2014 North American Indigenous Games flag on Monday.

For the first time in the games’ history, the host city raised the organization’s flag at city hall, also proclaiming this week NAIG Week.

“It’s a historic occasion for the host society to be able to raise (the NAIG) flag and create that awareness to the broader community that the games are one year away,” Regina 2014 NAIG CEO Glen Pratt said. “It’s also a real opportunity to ensure that our partnership with the City of Regina is working for everybody.”

Next year, an estimated 6,000 coaches and athletes will call Regina home for a week. NAIG organizers are gearing up to make it the best games in history.

“In the past, the games have chosen their own themes,” Pratt said. “We want to put on the best games that we could for our athletes to experience, and one of the ways to do that was to raise the bar, so the board has chosen the theme Raising the Bar.”

NAIG Week kicked off with a pipe ceremony that included Mayor Michael Fougere, a grand entry, powwow dance performances and an official flag-raising ceremony in the city hall courtyard.

The flag now flies

alongside the Metis flag, the Treaty 4 flag, the municipal flag, the Saskatchewan provincial flag and the Canadian flag.

Fougere said it was important to celebrate the games and to show the rest of the province as well as everyone in North America that Regina is ready for the games.

“Our First Nation and Metis community are very integral to our society and we wanted to show that the City of Regina and our citizens are prepared for this,” he said. “This is a coming together of different cultures, different traditions of indigenous people from across North America. This is very unique for us. We have not seen this before.”

During NAIG Week, Regina youths will have a chance to find out more about the games.

“We have created NAIG sports spots,” Pratt said. “It is an opportunity to teach our inner-city youth about the 15 sports involved with the games to get them trying them out, interested in them and just exposing them to all the sports so they have a better understanding of the sports available to them.”

He said in order to put on the games, about 3,000 volunteers will be needed. A volunteer drive is scheduled to take place this fall.

More information on Regina 2014 NAIG is available at www.regina2014naig.com.

kbenjoe@leaderpost.com

Manitoba grand chief challenges AFN

Derek Nepinak tosses Indian status card in trash, promises new direction for First Nations

Source: CBC news

Manitoba’s grand chief is promising a new direction for Canada’s First Nations — one that would not include the Indian Act or the Assembly of First Nations — at a gathering of chiefs taking place this week.

Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs is heading up the National Treaty Gathering on the Onion Lake Cree Nation in Saskatchewan, which could result in the creation of a breakaway group separate from the AFN.

Nepinak has been talking about forming the National Treaty Alliance, citing too much rhetoric and not enough action from the AFN on First Nations issues.

“As these institutions have become more politicized and more developed along bureaucratic lines, we’ve lost them,” Nepinak said at the meeting Monday.

In a bold symbolic gesture, Nepinak threw his government-issued Indian status card into the trash — a sign of what he said he wants to do for First Nations people.

“This Indian Act card is done with me and I’m done with it,” Nepinak said, before he stood up and tossed his card into a garbage can.

Currently, Canada’s First Nations people are governed by the federal Indian Act, which was created in 1876. Under the act, a status Indian has rights to health, education, and tax exemptions for which other Canadians don’t qualify.

But Nepinak said he no longer wants anything to do with the legislation.

“Do something with that Indian card but distance yourself from it as much as you can,” he said.

“We need to recreate treaty cards and put our faith back in one another again. I think that’s how we deconstruct the Indian Act.”

Atleo calls for unity

At the Assembly of First Nations’ meeting in Whitehorse, National Chief Shawn Atleo warned an audience of more than 200 chiefs on Tuesday that conditions for Canada’s First Nations won’t improve if they split into factions.

Atleo called for unity and told delegates that the AFN strives to respect the sovereignty of First Nations while “being careful not to overstep” its boundaries.

“Our agenda, the First Nations agenda, requires that everyone come together … just as Treaty 7 pulled First Nations together to deal with the rising water,” he said, referring to the recent floods in Alberta.

A call for unity should not be confused with a call for assimilation or cultural hegemony, said Atleo, adding that the AFN supports individual nations negotiating treaty issues with the federal government.

Potential impact on treaty process

Some have expressed concern that having some chiefs split off into a new group could potentially hurt the treaty negotiation process.

“To create something separate and distinct from the AFN on treaty issues may result in a weakening of positions because not everyone will participate,” said Aimee Craft, a lawyer in Winnipeg.

But Jamie Wilson, Manitoba’s treaty commissioner, said Nepinak is prompting a much-needed dialogue about the state of Canada’s treaties.

“We’re talking about issues that a lot of people don’t understand, and when there’s a lack of understanding, there’s a lot of prejudice,” he said.

Wilson said treaties were signed between First Nations and the Crown to mutually benefit both groups, but those agreements have not been implemented.

A decision on whether a new breakaway group should be created is expected to be made later this week.

Will the native legal winning-streak hit 200?

25 June 2013 11:36

Written by Administrator 3 The First Perspective

Analysis by Bill Gallagher: Lawyer / Strategist / Author

Resource Rulers – Fortune and Folly on Canada’s Road to Resources

Many commentators are saying that the courts are tightening up and that the native legal winning streak will be harder to maintain for future legal challenges.

They could be right but then again they could be wrong – big time!

Recently, I cautioned that natives need to be more judicious in some of the cases that they are advancing and have warned them of over-reaching (recently they incurred three losses in a row – in my view – all in legal actions that may not have furthered their social justice causes).

Still they nevertheless also won two significant procedural wins at the appellate court level: ‘cumulative impacts’ in Alberta (#180) and ‘Rupert’s Land’ in Yukon (#181). Both these key issues will now have new trials: the first potentially impacting the oilsands; the second potentially impacting 40% of Canada’s land mass. Stay tuned!

So what makes one think that natives might hit the 200 mark? A hint comes from a case decided this week on Vancouver Island having to do with the Douglas Treaties. Again the native-side did not prevail because they failed to reciprocate by discharging their duty-to-consult obligations (being as it is a two-way street) and they were properly called-out by the court for their consultation intransigence.

Likewise the British Columbia government was called-out for its narrow legal-mindedness. The following paragraph from the judgment appears at the halfway point – and took me (a close reader of rulings) completely by surprise:

d) Did the Provincial Crown have a Duty to Consult in respect of the Kwakiutl First Nation Traditional Territory beyond the KFN Treaty Lands?

[123] The Provincial Crown concedes that it had a duty to consult with respect to the treaty rights but denies this duty extended to the whole KFN Traditional Territory. (excerpt Chartrand v The District Manager 2013 BCSC 1068) (author’s underlining)

The fact that this assertion appears in a Supreme Court ruling in mid-2013 tells us something about the narrow legal mindset emanating from BC government lawyers.

Needless to say the court made short work of it:

[147] All three elements that give rise to a duty to consult in respect of the KFN Traditional Territory were present. Accordingly the Provincial Crown had a duty to consult with the KFN in respect of the Decisions and their potential for adverse impact on the KFN Traditional Territory and its treaty rights. (ibid)

No wonder the judge told BC to bear its own court costs, along with making other recommendations in the pursuit of furthering real reconciliation down the road:

[208] Although this declaration does not provide the relief the Kwakiutl First Nation advocated for in terms of their quest for a resolution of their Aboriginal land claims, neither does it ignore the problem. I encourage and challenge both the Federal Crown and the Provincial Crown to engage the KFN regarding the KFN’s asserted and treaty rights, titles and interests with a view to the negotiation of a treaty without any further litigation, expense or delay. (ibid) (author’s underlining)

While the province did adequately consult the KFN in this instance – even with this outcome – the native side did not leave court empty-handed. More over, if the same type of provincial government narrow legal-mindedness permeates the other native legal challenges presently before the courts, then hitting 200 native legal wins in the Canadian resources sector will soon be a litigation track-record certainty. And it’s no wonder then that pipelines, dams, transmission lines, woodlots, mines, run-of-river hydro projects are all heading into the legal blender in BC.

DNA study ties B.C. First Nations groups to ancient ancestors

By Scott Sutherland | Geekquinox – Thu, 4 Jul, 2013

Thanks to a team of researchers from Canada, the U.S. and China, First Nations groups living along the coast of British Columbia now have proof that they are the direct descendants of people who lived in the area up to 5,500 years ago or longer.

Anthropologist Ripan S. Malhi linked ancient and present-day First Nations groups in British Columbia

This research, led by University of Illinois anthropology professor Ripan S. Malhi, examined the mitochondrial DNA of people living in the area now and from Native American remains going back thousands of years.

Mitochondrial DNA is different from the DNA that resides in the nuclei of our cells. Firstly, it’s far more abundant, so even though DNA decays over time, having more of it gives scientists a better chance at being able to piece together more of the information. Also, mitochondrial DNA is solely passed from mother to child in humans, and since it doesn’t ‘recombine‘ — meaning it doesn’t exchange genetic information with other DNA — it remains roughly the same throughout the generations. Thus, the scientists were still able to compare the DNA from remains to people living in the region now, and find matches between them.

According to the study, matching mitochondrial DNA sequences (also called ‘mitochondrial genome’ or ‘mitogenome’) were found in three participants — the remains of a young woman who lived 5,500 years ago on the Lucy Islands, the remains of another woman who lived on Dodge Island around 2,500 years ago, and a woman currently living in the area. This DNA evidence shows that the living woman is the direct descendant of either these other two women, or of their mothers.

Another mitogenome from Dodge Island remains, from 5,000 years ago, were found to match three other living participants from the area.

“Having a DNA link showing direct maternal ancestry dating back at least 5,000 years is huge as far as helping the Metlakatla prove that this territory was theirs over the millennia,” said Barbara Petzelt, an author and participant in the study, according to a University of Illinois news release. TheMetlakatla are just one of the First Nations groups in the area, that are part of the Tsimshian, Haidaand Nisga’a people.

Studies done in the past have looked at a small number of mitochondrial DNA sequences (apparently less than 2%), but this is only the second study that looked at all mitogenomic sequences (the first was of an Inuit man who lived in Greenland between 3,400 to 4,500 years ago).

As Malhi points out, the introduction of European DNA — from European men producing children with Native American women — complicates DNA studies of the Native American population, but examining the mitochondrial DNA makes it much easier to see the purely Native American lineages.

“This is the beginning of the golden era for ancient DNA research because we can do so much now that we couldn’t do a few years ago because of advances in sequencing technologies,” Malhi said in the statement. “We’re just starting to get an idea of the mitogenomic diversity in the Americas, in the living individuals as well as the ancient individuals.”

[ More Geekquinox: New crime scene technology can find hidden fingerprints ]

One aspect of the study that helped with the DNA evidence was the rich oral history kept by these B.C. First Nation tribes, which trace family lineages back through the mother. So these histories could be directly compared to the results from the mitochondrial DNA.

“It’s very exciting to be able to have scientific proof that corroborates what our ancestors have been telling us for generations,” said Joycelynn Mitchell, a Metakatla co-author and participant in the study. “It’s very amazing how fast technology is moving to be able to prove this kind of link with our past.”

(Photo courtesy: L. Brian Stauffer/University of Illinois)

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Financial Transparency Legislation Renews Controversy Over First Nation Chiefs’ Salaries

MIKE DEAL/WINNIPEG FREE PRESSAboriginal Affairs and Northern Development Minister Bernard Valcourt addresses reporters.Read more at http://indiancountrytodaymedianetwork.com/2013/04/18/financial-transparency-legislation-renews-controversy-over-chiefs-salaries-148898 — MIKE DEAL/WINNIPEG FREE PRESS
Aboriginal Affairs and Northern Development Minister Bernard Valcourt addresses reporters.
Read more at http://indiancountrytodaymedianetwork.com/2013/04/18/financial-transparency-legislation-renews-controversy-over-chiefs-salaries-148898

By David P. Ball, Indian Country Today Media Network

Newly enacted federal legislation forcing First Nations to disclose their leaders’ salaries and spending online has been decried by critics who say the public is being misled by “myth” and stereotypes.

On Wednesday March 27 in Winnipeg, Aboriginal Affairs and Northern Development Minister Bernard Valcourt attempted to announce that the First Nations Financial Accountability Act, known as Bill C-27, had received royal assent and become law. But advocates say that accountability already exists, and the Conservatives’ real purpose is to demonize Natives as corrupt and incapable of managing themselves.

Demonstrators cut short Valcourt’s press conference, one of them drowning out a speech by aboriginal advocate Phyllis Sutherland by beating a hand drum while shouting “Oppressors!” as she and the minister were ushered into a back room. Sutherland, an outspoken critic of her Manitoba band’s leadership—her chief reportedly earned $206,381 in 2009—brought the salaries of some First Nation chiefs to national media attention three years ago when she leaked the information to the right-leaning Canadian Taxpayers Federation (CTF). The federation launched an ardent campaign for transparency legislation by releasing data suggesting that dozens of chiefs earned more than the country’s Prime Minister and provincial premiers. Highest paid was the chief of Glooscap First Nation in Nova Scotia, population 304, who reportedly earned $978,468.

But aboriginal critics tore apart the federation’s method of comparing First Nations and Canadian politicians’ salaries. The organization included travel reimbursements for Natives but not Members of Parliament, for instance, and also inflated aboriginal incomes—which, under treaties, are not taxed on reserves—in order to compare them with Canadian politicians’ taxed salaries, a tactic that nearly doubled the leaders’ salaries in some cases.

“As far as I’m concerned, people have a right to know what their chief and councils are making and what their band finances are being spent on,” Sutherland, of Peguis First Nation in Manitoba, told Indian Country Today Media Network. “Where is all this money? Why didn’t they do anything for the people? There’s certainly no benefit to the people out there.”

Sutherland said her goal was to end alleged mismanagement and secrecy, especially as many Natives suffer from substandard housing and education.

“In every First Nations reserve I talk with, it’s always the same story: widespread corruption among leaders,” she said. “Not all of them. There are some First Nations doing wonderful things for their people. But I can’t see the problem with them having to post their salaries, honorariums and remuneration. It should be automatic.”

Pam Palmater, chair of Ryerson University’s Indigenous Governance program and runner-up in last year’s election for National Chief of the Assembly of First Nations (AFN), says information on band finances already is provided to Aboriginal Affairs. Reserves must fill out 163 spending reports a year, she said, quoting AFN reports. On average, she added, chiefs actually make about $36,000—less than 80 percent of average per capita earnings in Canada.

“The financial information already is transparent,” Palmater told reporters. “That’s the myth that’s being perpetuated by this legislation. First Nations don’t get a single cent unless they submit audited financial statements. More than audited financial statements: On average they have to submit one report every three days.”

The AFN also opposed the legislation, saying that there are other ways to improve accountability on reserves without extending federal control over bands.

“First Nations have been clear in their commitment to accountability and transparency to all of our citizens,” said AFN National Chief Shawn A-in-chut Atleo. “Bill C-27 would not support this accountability, but instead gives more power to the Minister of Aboriginal Affairs and Northern Development. We do not support unilateralism that further entrenches us in a system that doesn’t work for our people or Canada. The answers lie in our communities and with our citizens, not with more control from Ottawa.”

Valcourt told reporters on March 27 that C-27 represents “an important step” toward First Nations’ self-sufficiency, and would help assure outside investors their money is well managed.

“In our quest for self-sufficiency and economic development, we have a whole youth there that is waiting [for] training and getting the skills they need to get the jobs that are available and can be available for them,” he said. “Investors need the assurance there is accountability and transparency. That’s why I believe this is an important step for First Nations all across Canada.”

Chief Theresa Spence will end hunger strike

By Monica Brown, Tulalip News Writer

A band council delegation from the beleaguered Attawapiskat community hand-delivered an ultimatum to Chief Theresa Spence, informing her they would oust her from office unless she ended her liquid-diet protest. Spence announced that she is will end her 44-day hungerstrike and is scheduled to return to eating solid food on January 24, the day that chiefs conduct a major treaty meeting in Vancouver, British Columbia.

Before Spence agreed to end her six-week-long liquids-only fast, Spence and her supporters wrote up a Declaration of Commitment consisting of 13 points. The 13 points specifies adherence to treaty relationships, approaching negotiations from a nation-to-nation perspective and taking measures to improve the lives of First Nations people and calls for a national inquiry into the hundreds of disappearances and murders of aboriginal women that go unsolved, improving education and housing, and fully implementing the United Nations Declaration on the Rights of Indigenous Peoples.

The Declaration of Commitment is endorsed by the AFN National Executive Committee, the Native Women’s Association of Canada, the Liberal Party of Canada Parliamentary Caucus and the New Democratic Party National Caucus. It will officially be signed by the parties on January 24 by First Nations leaders and representatives of the opposition parties.

The 13 points can be read in full below

First Nations: Working Towards Fundamental Change

In the true spirit of commitment to initiate dialogue to discuss both Treaty and non-Treaty Indigenous issues on behalf of our First Nations Peoples of Canada, Chief Theresa Spence of Attawapiskat First Nation and Mr. Raymond Robinson of Cross Lake, Manitoba will continue their Hunger Strike, pending outcome of this written Declaration. We also like to acknowledge Mr. Jean Sock of Elsipogtog, New Brunswick and all other Fasters who have shown their deep dedication and courage in support of protecting and honouring both Treaty and non-Treaty obligations as written, entered into or understood by all Peoples, with the Federal Government of Canada including each Provincial/Territorial signatory.

Further, we agree the self-sacrifice and the spiritual courage of Chief Theresa Spence, along with Elder Raymond Robinson and all other fasters have made clear the need for fundamental change in the relationship of First Nations and the Crown. We fully commit to carry forward the urgent and coordinated action required until concrete and tangible results are achieved in order to allow First Nations to forge their own destiny.

Therefore, we solemnly commit to undertake political, spiritual and all other advocacy efforts to implement a renewed First Nations – Crown relationship where inherent Treaty and non-Treaty Rights are recognized, honoured and fully implemented as they should be, within the next five years.

This Declaration includes, but is not limited to, ensuring commitments made by the Prime Minister of Canada on January 11th, 2013 are followed through and implemented as quickly as possible as led by First Nation on a high-level priority with open transparency and trust. Furthermore, immediate steps are taken working together to achieve the below priorities:

1. An immediate meeting to be arranged between the Crown, Federal Governments, Provincial Governments and all First Nations to discuss outstanding issues regarding the Treaty Relationship, as well as for non-Treaty area relationships.

2. Clear work-plans that shall include deliverables and timelines that outline how commitments will be achieved, including immediate action for short, medium and long-term goals. Addressing the housing crisis within our First Nation communities shall be considered as a short-term immediate action.

3. Frameworks and mandates for the implementation and enforcement of Treaties between Treaty parties on a Nation-to-Nation basis.

4. Reforming and modifying the comprehensive claims policy based on inherent rights of First Nations.

5. A commitment towards resource revenue sharing, requiring the participation and involvement of provinces and territories currently benefiting from resource development from traditional lands.

6. Commitment towards ensuring a greater collective oversight and action towards ensuring the sustainability of the land through a sustained environmental oversight.

7. A comprehensive review and meaningful consultation in regards to Bill C-38 and C-45 to ensure it is consistent with Section 35 of the Constitution Act (1982).

8. Ensure that all federal legislation has the free, prior and informed consent of First Nations where inherent and Treaty rights are affected or impacted.

9. A revised fiscal relationship between First Nations and Canada that is equitable, sustainable and includes indexing and the removal of arbitrary funding caps.

10. A National Public Commission of Inquiry on Violence Against Indigenous Women of all ages.

11. Equity in capital construction of First Nation schools, including funding parity with Provincial funding formulas with additional funding support for First Nation languages.

12. A change in how government operates that would include direct oversight, a dedicated Cabinet Committee and Secretariat within the Privy Council Office with specific responsibility for the First Nation-Crown relationship to ensure implementation.

13. The full implementation of the United Nations Declaration of the Rights of Indigenous Peoples – UNDRIP.

NCAI Statement of Support for Assembly of First Nations (AFN) and the Rights of Canada’s First Nations to Consultation

National Congress of American Indians (NCAI)

Embassy of Tribal Nations
1516 P Street NW, Washington, DC 20005
Phone: (202) 466-7767

Published on Jan 10, 2013

The National Congress of American Indians (NCAI) has released the following statement in support of the First Nations of Canada and the Assembly of First Nations (AFN) efforts to hold the Canadian government accountable to its commitment to consultation.

On Friday January 11, 2013, AFN will host a meeting of a delegation coordinated by AFN and Prime Minister Stephen Harper and members of his Cabinet. The meeting comes after AFN and First Nations have called for improved nation-to-nation consultations following legislation passed by the Canadian Parliament in December 2012, Bill C-45; Jobs and Growth Act, 2012. AFN and First Nations expressed opposition prior to and following the passage of Bill C-45, which fails to respect the Treaties and rights of First Nations.

“NCAI supports AFN and the rights of Canada’s First Nations to nation-to-nation consultation and calls on the Canadian Government to uphold the United Nations Declaration on the Rights of Indigenous Peoples, of which Canada and the United States have both adopted. As stated in the Declaration, and has been proven time and time again, consultations between indigenous peoples including tribal nations and the governments of North America, are essential to crafting a vision for a shared future,” said Jefferson Keel, President of NCAI, the United States’ oldest, largest, and most representative American Indian and Alaska Native advocacy organization.

“We stand united as the tribal nations of North America, as a family of first peoples and first governments of this land, and we stand united to protect our rights. There may be a border separating Canada and the United States, however as first Nations of North America we are not separate, and we will not be divided. And nor should we be divided in our nation-to-nation relationships,” continued Keel.

“Tribal nations of the United States have recently engaged in extensive and improved nation-to-nation consultations as a result of the Obama Administration’s commitment to upholding the U.S. President’s Executive Order on Consultation. These consultations have resulted in strong tribal nations, and a stronger America. We look forward to hearing from AFN the results of tomorrow’s discussions with Prime Minister Steven Harper and the Canadian Government. We stand ready to support AFN and the First Nations of Canada as they take important action to protect the rights, lands, and resources of First Nations and people,” Keel concluded.