VOLUME 9, ISSUES 6-12

JUNE-DECEMBER 2011

FIRST NATIONS STRATEGIC BULLETIN

FIRST NATIONS STRATEGIC POLICY COUNSEL

Crown-First Nations Gathering: The Beginning or the End

By Russell Diabo Now that the CrownFirst Nations Gathering is confirmed for January 24, 2012 with Prime Minister Stephen Harper, the issue for First Nations to consider is what happens after the Summit with Steven, who has about three and a half more years with a majority mandate before he faces another federal election?
Prime Minister Harper meeting with AFN National Chief Atleo, in Ottawa December 1, 2011. (Photo by Reuters/Chris Wattie)

Special points of interest:

Harper agrees to Jan. 24th Crown-First Nations Gathering. What does it mean? More on RCMP Spying on First Nations Should AFN reconsider partnership with Conservatives? AFN National Chief gives his opinion. PMO issues Press Release on Fed-FN Meeting.

To answer this question we should consider how we got to this point in history.

Crown Takes Advantage of Legal/Political Uncertainty of Section 35

On April 17, 2012, it will be the 30th anniversary of Canadas new constitution with the inclusion of section 35 aboriginal and treaty rights, which were recognized and affirmed. The significance of this event was noted by the Supreme Court of Canadas Chief Justice, Brian Dickson, who wrote in the 1990 Sparrow Decisionthe first SCC decision on section 35: s. 35(1) of the Constitution Act, 1982, represents the culmination of a long and difficult struggle in both the political forum and the courts for the constitutional recognition of aboriginal rights. . . Section 35(1), at the least, provides a solid constitutional base upon which subsequent negotiations can take place. It also affords aboriginal peoples constitutional protection against provincial legislative power. Back in the 1980s, section 35 was considered by many First Nations as being the forward looking basis of achieving justice in Canada because Aboriginal and Treaty rights were finally being constitutionally recognized and affirmed. Unfortunately for First Nations, almost 30 years later section 35s constitutional recognition and affirmation of First Nations aboriginal and treaty rights hasnt changed the colonial relationship between First Nations and Canada, which is set out

Inside this issue:

Harper & FNs Summit RCMP Spying Occupy(ed) Canada NAOs & Con Partnership AFN Natl Chief PMO Press Release

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in the Indian Act and section 91(24) of the Constitution Act 1867. The continuation of the colonial status quo was dramatically illustrated with the eruption of the so called Oka crisis a Mohawk land rights conflict of 1990, which occurred just weeks after the SCC Sparrow decision on the meaning of section 35 was issued by the court. The Oka Crisis led to the Quebec government using a provision of the National Defense Act to call on the government of Canada to send in the Canadian Army to restore order. Using its asserted sovereignty and exclusive legislative authority over Indians and lands reserved for the Indians, the federal government has taken the position that if First Nations want out of the Indian Act then they must negotiate under terms Ottawa has dictated in its land claims and self-government policies. These policies are based upon Ottawas asserted position that section 35 has no legal or political meaning except what Ottawa agrees to with a First Nation through an agreement and/or legislation that conforms to the land claims and/or self-government policies. Recent examples of such agreements are the Tsawwassen and Maa-nulth in British Columbia and the New Dawn agreements in Labrador. Under these dictatorial land/claims/self-government agreements the so called reconciliation between the Crown and First Nations is essentially a requirement for First Nations to surrender to Crown sovereignty/jurisdiction/laws and accept becoming ethnic Aboriginal Canadians.

Face-Off during so called Oka crisis in 1990

reconciliatio nbetween the Crown and First Nations is essentially a requirement for First Nations to surrender to Crown sovereignty/ jurisdiction/ laws and accept becoming ethnic Aboriginal Canadians

Red or Blue Governments the Plan Remains the Same

As the more astute observers of contemporary federal First Nation policy know that for the last 43 years the trend of the federal government has been to develop policies and practices designed to assimilate First Nations through the termination of their collective rights, the following are some of the highlights:

the Liberals 1969 White Paper on Indian Policy, the Liberals 1973 Land Claims Policy, the Conservatives Buffalo Jump Plan of the 1980s, the Liberals 1995 Aboriginal Self-Government Policy, the Liberals proposed 1997 Indian Act amendments, the Liberals proposed 2003 First Nations Governance Act, the Liberals 2005 Kelowna Accord, and now Harpers Plan for Canada, the federal approach is to focus on individual rights through legislation to incrementally eliminate First Nations collective rights.

Cover of the Liberals 1969 White Paper on Indian Policy

It was a federal Liberal government who introduced the term Aboriginal Canadians to lump First Nations issues in with the Metis, Inuit and urban Aboriginal issues in a panAboriginal approach, in order to water down the legal and political status of First Nations in Canada. The term was coined by the federal bureaucracy to focus more on Canadian citizenship and less on Indian Status. This is one of the main tenets of the Liberals 1969 White Paper on Indian Policy and their 1995 Aboriginal Self-Government policy, which is being applied to First Nations whether they are at a negotiating table or not. The Liberals 2005 Kelowna Accord was based upon a pan-Aboriginal assimilation approach, which separated programs and services issues from First Nations Aboriginal and

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Treaty rights.

Harpers Plan for Canada Includes First Nations Extinction

Now, six years after the failed Kelowna Accord, one of the first actions Conservative Prime Minister Harper took after receiving his majority mandate this spring was to rename the Minister/Department of Indian Affairs as the Minister/Department of Aboriginal Affairs. Re-organizing the federal Department to focus on Aboriginal Affairs, fits with the Conservative legislative agenda to impose federal standards over water quality on-reserve; Indian status and band membership; matrimonial property on-reserve, First Nations accountability and reportedly still to come, private ownership on-reserve. In addition to incrementally eliminating First Nations collective rights by focusing on individual rights, the Harper government has also abandoned its fiduciary and Treaty responsibilities to protect First Nations rights and interests to lands and resources on Aboriginal Title and Treaty territories from further encroachment by the provinces. In 2004, the Supreme Court of Canada issued its Haida and Taku River Tlingit decisions followed by the Mikisew decision. These court decisions set out legal principles and guidelines that the Crown governments are directed to follow as a Duty to Consult and Accommodate First Nations when a proposed development project or activity takes place on Aboriginal Title or Treaty lands and may affect First Nations rights and interests. According to the courts, the Crowns Duty to Consult and Accommodate doesnt apply to past impacts, only current and planned projects and activities on lands in Canada subject to Aboriginal and Treaty rights. The Harper government has taken the position in its March 2011 Federal Aboriginal Consultation and Accommodation policy guidelines for federal officials that the federal Duty to Consult is limited only to federal projects and activities that may affect Aboriginal and/or Treaty rights. However, under Canadas constitution it is the provinces that have jurisdiction over matters like hydro, mining, forestry, wildlife, tourism, land-use planning, zoning, etc. The Harper government has abandoned First Nations to deal with the provinces on their own and many of the provinces have developed consultation policy & processes for First Nations to participate in when development occurs on their traditional lands. Unfortunately for First Nations the provincial consultation processes are largely designed to place the burden on a First Nation not only to prove their land/resource rights but also to prove the impacts a provincially or third party proposed project or activity will have on a First Nations rights or interests. The province then gets to unilaterally interpret whether or not it has fulfilled the Duty to Consult or the Duty to Accommodate and consequently whether or not the proposed project or activity will proceed or not. Provincial funding for First Nations to properly assess consultation requests is not sufficient for the job. The federal land claims and self-government policies are no real help for First Nations either since the federal objectives under these policies are to extinguish First Nations land rights, subordinate First Nations Aboriginal and Treaty rights to third party interests and give provinces a veto in the negotiations over matters affecting provincial areas of jurisdiction. The federal government doesnt even have a clear policy on historic Treaties except the land claims & self-government policies. The Harper government is basing Canadas economic recovery largely on natural resource extraction while abandoning First Nations to the provinces to address outstanding land and resource rights. The Harper government is also using First Nation collaborators

The Harper government is basing Canadas economic recovery largely on natural resource extraction while abandoning First Nations to the provinces to address outstanding land and resource rights

Osoyoos Chief Clarence Louie, Chair, National Aboriginal Economic Development Board

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with their own personal self-interests to promote a focus on jobs and business development while ignoring Aboriginal and Treaty rights. The private sector is already recruiting First Nations partners, one of the more high profile examples is former AFN National Chief Phil Fontaine, who is an advisor to the Royal Bank, a Tar Sands investor, as well as, Ogilvy, Renault, a law firm that not only has former Prime Minister Brian Mulroney as a partner, but the law firm is huge with an international reach representing natural resource companies who are coveting First Nation lands and resources. The federal and provincial governments are taking advantage of the burden of proof the courts have placed on First Nations to prove their Section 35 Aboriginal and/or Treaty rights and to prove the impacts on those Aboriginal and Treaty rights by Crown authorized projects and activities. The costs of collecting the evidence to meet the legal tests of proving section 35 Aboriginal/Treaty rights, sustaining the constitutional challenges in court, as well as, advancing and protecting section 35 rights is prohibitive for most First Nations. The federal strategy, whether a Liberal or Conservative government, is to cap and/or reduce spending for programs and services on reserve, including social housing to make the on-reserve social and economic conditions so bad that the First Nations peoples will be encouraged to either move off-reserve to towns or cities and become a provincial social and fiscal responsibility, or the First Nations peoples will accept becoming employed as low level employees in the natural resource or other sectors occurring on their traditional lands, including mega-projects. Of course, the final solution for the federal government is to coerce First Nations to sign land claims/self-government agreements that will convert Indian reserves into ethnic municipalities. Meanwhile, the provinces continue to assume the exclusive ownership of the natural resources and take the lions share of the royalties and taxes along with the federal government. The situation at Attawapiskat is a good case in point of federal neglect of a reserve, which is in the shadow of a multi-billion diamond mine development on their traditional territory that apparently provides Attawapiskat little real benefits from a revenue sharing agreement negotiated with the company. There are many other examples like this across Canada.

Phil Fontaine, advisor to Royal Bank & Ogilvy Renault (Photo courtesy of Ogilvy Renault)

The Harper government is also using First Nation collaborators with their own personal selfinterests to promote a focus on jobs and business development while ignoring Aboriginal and Treaty rights

First Nations Weakened by Dependency on Federal Transfers

The ulu, feather and sash are symbols of Inuit, First Nations and Mtis peoples. Together in this stylized adaptation, the three symbols represent the spirit and integration of cultures, the entrepreneurial energy and ability of Aboriginal people in Canada and the shared purpose and vision of the Members of the National Aboriginal Economic Development Board.

Going into the meeting with the Prime Minister, the First Nations are at a disadvantage because of their dependencyliterally from cradle to graveon federal fiscal transfer payments for almost all programs and services, including land claims and self-government negotiation costs. As the federal government moved from having federal Indian Agents on each reserve, starting in the 1970s, the federal government devolved the administration of programs and services to Indian Band Councils and Indian associations. From the 1970s until now a managerial class has been created amongst First Nations and First Nation organizations as a result of the federal fiscal transfer arrangements. Some refer to this managerial class as a First Nations Public Service, right-wing critics call it the Aboriginal industry. This First Nations management class consists of local Band Chief and Councils. Along with the executives of Tribal Councils, Provincial-Territorial Organizations (PTOs) and the Assembly of First Nations, as well as, other National Aboriginal Organizations.

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The First Nations management class goes beyond the leaders to include the staff, advisors, lawyers from the band office level, the tribal council level, the regional organization level to the Assembly of First Nations level. The First Nations management system is a form of indirect rule over First Nations by the federal bureaucracy and governing party in Ottawa, since the First Nations management class are accountable to Ottawa, not their own peoples for how the federal funding is spent and accounted for. Implicit in this arrangement is, the First Nations management class is expected to manage the discontent of their impoverished members. Any First Nation or First Nation Organization who spends beyond their federally transferred budgets and goes into a deficit are subject to being placed into either comanagement, or the more extreme measure of third party management. The federal government can put a First Nation into third party management even if they are not in deficit as the then Minister of Indian Affairs, Robert Nault, did to Pikangikum back in the 1990s. Virtually all of the First Nation representatives attending the Crown-First Nations Gathering are dependent on continued federal funding not only for programs & services, but also for participating in land claims and self-government negotiation processes. Many of the First Nations representatives will likely be in attendance in an attempt to curry favour with Prime Minister Harper, despite the Harper governments obviously hostile approach towards First Nation Aboriginal and Treaty rights. Indeed, some First Nations politicians attending the Crown-First Nations Gathering will likely be seeking to replace the current AFN National Chief, Shawn Atleo, since the AFN election for National Chief is scheduled for July 2012 in Toronto. Prime Minister Harper is no doubt aware of the upcoming AFN election and he may factor this into his decision about the outcomes of the Crown-First Nations Gathering, if any, maybe Michael Wernick, Deputy Minister of Aboriginal Affairs, is already talking to AFN National Chief Atleos rivals and making recommendations to his superiors in this regard, since Deputy Minister Wernick routinely interferes into First Nation politics as he decides who gets funding and who doesnt. After all, it wouldnt be the first AFN election that the federal government interfered in, back in 2003, I remember the then Minister of Indian Affairs, Robert Nault, sending a message through the editorial board of the Saskatoon Star Phoenix, saying, My advice to the AFN and the leadership is to send somebody we can work with around the table. This statement was intended to undermine the campaigns of then AFN National Chief candidates, Matthew Coon-Come and Roberta Jamieson who were promoting a rights based agenda. However, in apparent lock-step with the then federal Minister of Indian Affairs, Robert Nault, many Chiefs voted for Phil Fontaine in that election. We shall see if there is any evidence of federal interference in the AFN election this time around. In any case, the upcoming Crown-First Nations Gathering is taking place just as the federal government is implementing a 5-10% spending reduction across all federal departments, including the Department of Aboriginal Affairs and is reportedly preparing for more spending cuts in the upcoming federal budget scheduled for this spring. At least the Crown-First Nation Gathering will not be a watered down pan-Aboriginal meeting, but will serve to see what, if any, joint policy reform and spending commitments for First Nations will be made by the Harper government coming out of this meeting.
Michael Wernick, Deputy Minister of the federal Department of Aboriginal Affairs

The First Nations management system is a form of indirect rule over First Nations by the federal bureaucracy and governing party in Ottawa, since the First Nations management class are accountable to Ottawa, not their own peoples

Preparing for the Crown-First Nations Gathering

To the credit of AFN National Chief Atleounlike his Liberal friendly predecessorPhil Fontaine, AFN National Chief Atleo has taken a non-partisan diplomatic approach to dealing with the federal government by talking to all federal political parties in Parliament.
HQ, federal Department of Aboriginal Affairs, National Capital Region

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This approach was good for a minority Parliament, but facing a majority Conservative government for the next three and a half years likely requires a different strategy by First Nations and AFN National Chief Atleo, although working with the opposition parties will continue to be important for First Nations. According to National Chief Atleos December 23, 2011, Bulletin, there is no agenda developed yet for the January 24th Crown-First Nations Gathering, but there is a four part framework for agenda development, which are:
An Algonquin protester in Ottawa against the Harper government.

Part One: Ceremony reflecting and affirming the enduring relationship between First Nations and the Crown as well as confirming the heritage and future of Indigenous peoples as fundamental to Canadian reality, identity and culture. Part Two: Addresses by First Nation and Crown leadership. Part Three: Concurrent sessions on agreed-upon topics to maximize opportunity for submission for the First Nation delegations to present its views and to dialogue with members of Cabinet, caucus and federal officials as designated. The themes for the sessions would include:

facing a majority Conservative government for the next three and a half years likely requires a different strategy by First Nations and AFN National Chief Atleo, although working with the opposition parties will continue to be important for First Nations

Strengthening the Relationship and Enabling Opportunities (Treaties, rights, governance, jurisdiction, title, etc.) Unlocking the Potential of First Nation Economies (economic development, partnerships, land issues) Realizing the Promise of First Nations Peoples (education, health, safe and secure communities, etc.)

Part Four: Summary to conclude concurrent session and setting a forward looking agenda. The location hasnt been finalized as of this writing, but it is to be in the National Capitol Region with participation being open to Chiefs.

Re-Setting the Relationship

Going into the Crown-First Nations Gathering, National Chief Atleo has called for a reset of the relationship between the Crown and First Nations, which he describes as follows: Resetting the relationship requires us to come together, as our ancestors did in the past, to talk about how to work together to move forward. Weve called for a First NationCrown Gathering as a key forum for this discussion, hearkening back to that original relationship but looking squarely to the future. The Prime Minister has signalled his openness to convene such a gathering this winter. We must work out the details together, but we envision a delegation of representative First Nations and the Crown, now embodied by the Prime Minister and his key ministers. Our goal is to establish concrete dialogue on joint plans and priorities, clarify responsibilities and clear away red tape so real progress and prosperity can take hold and flourish. These are all things Canadas former auditor-general said are essential. She made many useful recommendations that can inform our work, but the overarching one is for Canada and First Nations to work together.

Integrated Security Enforcement Team (INSET).

This is our goal, and we see it as the hallmark of a new relationship that will lead to a stronger, more prosperous Canada for all Canadians. Were not trying to turn back the clock. We want to reset the relationship on its original foundation of mutual recognition, mutual respect and partnership.

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Ultimatums and guilt dont motivate real change or action. Understanding and addressing the threats to Canadas competitiveness and the barriers to development and jobs should concern everyone. The failure to act in the past has exacerbated dependency and cost the Canadian economy. Resetting the relationship and affirming First Nation rights and First Nation government responsibilities to their people can unlock economic potential and generate significant and essential opportunity for all Canadians. Hopefully, National Chief Atleo and the other First Nation representatives in attendance at the Gathering, will press hard for real recognition of First Nations Aboriginal and Treaty rights by achieving agreement on a joint federal-First Nations process for fundamental reform of the federal land claims and self-government policies. Without achieving a commitment to real recognition of the section 35 constitutionally protected Aboriginal and Treaty rights from Prime Minister Harper, then the Gathering may well be the beginning of the end of the collective rights of First Nations and the gradual extinction of First Nations legal and political status will continue. A majority Conservative government can do a lot of damage to First Nations in the next three and a half years, look at the crime bill they just passed and the implications for First Nations. Prime Minister Harper obviously expects some resistance from First Nations to his natural resource economic recovery plans since his government has apparently increased spying on First Nations and their supporters. Also his handling of the Attawapiskat situation indicates he will use all of the federal tools he has to crush those who oppose his agenda. It is unlikely much will come out of the Crown-First Nations Gathering other than a commitment to a process on identified issues, but if the process is not substantial then it just becomes a photo-op and buys time for the Harper government to say that the problems of conditions on-reserve like Attawapiskat are being looked after. In the end, re-setting the relationship with Crown governments will likely fall to First Nations peoples themselves. Why should the federal and/or provincial governments change the relationship? The Crown governments are the ones who are benefiting from stolen First Nation lands and resources. Paying out billions a year to maintain First Nations in poverty is cheaper fiscally and politically than negotiating a redistribution of the wealth and power in Canada, which First Nations are owed.
John Duncan, Minister of Aboriginal Affairs Canada.

A majority Conservative government can do a lot of damage to First Nations in the next three and a half years, look at the crime bill they just passed and the implications for First Nations

AFN National Chief Shawn Atleo during the UN Permanent Forum on Indigenous Issues in NYC, April 2010. (Photo by R. Diabo) The only real way to implement

the United Nations Declaration on the Rights of Indigenous Peoples is for Indigenous Peoples to lead the way by learning about the articles in the UN Declaration and exercising their Aboriginal and Treaty rights on the ground both on and off-reserve. Since the future belongs to the youth then they should get involved or simply let their rights die off and accept just being Aboriginal Canadians, which is part of Harpers Plan for Canada.

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RCMP Spied on Protesting First Nations: Intelligence Unit Collaborated with Partners in Energy & Private Sector
By Tim Groves/Martin Lukacs The federal government created a wideranging surveillance network in early 2007 to monitor protests by First Nations, including those that would garner national attention or target critical infrastructure like highways, railways and pipelines, according to RCMP documents obtained through access to information requests. Formed after the Conservatives came to power, the RCMP units mandate was to collect and disseminate intelligence about situations involving First Nations that have escalated to civil disobedience and unrest in the form of protest actions.
An RCMP special unit has been spying on First Nations engaging in protests and civil disobedience, such as those in this picture, KI leadership.

RCMP Logo

The federal government created a wideranging surveillance network in early 2007 to monitor protests by First Nations, including those that would garner national attention or target critical infrastructure like highways, railways and pipelines

According to an RCMP slideshow presentation from the spring of 2009, the intelligence unit reported weekly to approximately 450 recipients in law enforcement, government, and unnamed industry partners in the energy and private sector. A RCMP spokesperson said the unit was never considered permanent and that last year it was dismantled as it was determined to be no longer needed by its clients. But the Mounties cant say if the work is continuing in the field. Since the dismantling of the Aboriginal JIG [Joint Intelligence Group], the work done by the JIG is no longer performed at RCMP HQ Criminal Intelligence [CI]. However, we cannot confirm that RCMP divisions are not performing Aboriginal JIG activities under another name of program. An annual Strategic Intelligence Report, dated June 2009, indicates the surveillance at the time focused on eighteen communities of concern in five provinces across the country. These included First Nations in Ontario such as Kitchenuhmaykoosib Inninuwug (KI), Ardoch, Grassy Narrows, Six Nations and Tyendinaga, which have made headlines over the last few years for road and railway blockades and opposition to mining and logging on their territories. The report states that the causes of unrest are common issues that could seriously impact Aboriginal peoples across the countryissues such as poverty, lack of funding for child and family services, and disputes over sovereignty, resource extraction and environmental concerns. The so-called Aboriginal JIG that gathered the surveillance was run by the RCMP Criminal Intelligence branch and the RCMPs National Security Criminal Investigations (NSCI), which has teams of officers in strategic locations across the country that deal with threats to national security and criminal extremism or terrorism. It billed itself as a central repository of information about First Nations protest activities, assisted by an extensive network of contacts throughout Canada and internationally and an undisclosed number of field operatives acting as its eyes and ears. The list of private sector businesses receiving weekly reports was chosen by the RCMP NSCI's Critical Infrastructure program, though the RCMP refused to share any of their names. Businesses also provided the intelligence unit with information about "current criminal threat environment for their facilities," according to the RCMP spokesperson. Its yearly strategic intelligence report identifies individuals who are causes of concern to public safety, but any mentions of individuals were redacted in the copy obtained via

RCMP HQ, Ottawa, Ontario.

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access to information. News of this RCMP surveillance comes on the heels of revelations that the Aboriginal Affairs ministry has spied on Cindy Blackstock, a long-time advocate for aboriginal children. In October it was also revealed that the Canadian military is keeping tabs on Aboriginal organizations. Alongside Aboriginal Affairs on-going hot spots surveillance, it suggests a massive, coordinated scaling-up of surveillance of Aboriginal peoples by the Harper government. According to a previously obtained copy of a RCMP presentation to the Aboriginal Affairs Ministry in March 2007, the vast majority of the monitored protests and actions are related to lands and resources, and most are incited by development activities on traditional territories of First Nations. As Canada has undergone a shift towards a more resource and especially energy based economy, industry has come increasingly into conflict with Aboriginal communities who claim rights over many of the lands exploited for mining, forestry and oil, and often oppose such development for environmental reasons. The Mining Association of Canada has noted in a publication that [m]ost mining activity occurs in northern and remote areas of the country, the principal areas of Aboriginal populations. The spectre of heightened Aboriginal protest has become a source of anxiety for government and industry. An RCMP presentation to CSIS from April 2007 states, There is a growing concern among high-level governmental officials and the policing community about the potential for unrest in Aboriginal communities, and an increasing sense of militancy among certain segments of the Aboriginal population. Recent political stand-offs have proved this concern to be prescient. A high-profile $5.5 billion Enbridge pipeline that would carry tar sands oil to the Pacific through northern British Columbia has hit a wall of Indigenous opposition, whose constitutional and legal position former Cabinet minister Jim Prentice has called very strong. In the same province, the Tsilhqotin Nation have to date blocked the controversial New Prosperity gold and copper mine, which would have turned a lake they consider sacred into a tailings dump. In northern Ontario in 2008, the KI First Nation prevented Platinex from establishing a platinum mine on their traditional territory; Platinex's mining claim was eventually bought out for $5 million by the McGuinty government. When shown the RCMP documents, KI Chief Donny Morris expressed surprise and said he and his community were "insulted", remarking that there is nothing extreme about protecting their territory. Morris and five of his councillors served more than two months in jail for peacefully blocking Platinex, before an Ontario Court of Appeal released them and directed the provincial government to negotiate with the First Nation. Protecting the land is a mandate from the Creator that we must fulfill physically and spiritually, he said. There is no reason to make us into criminals just for protecting what we believe in. Although the Strategic Intelligence Reports profile of KI is heavily redacted, as with all the communities of concern, it states that KI First Nation remains committed to ensuring their concerns related to the impacts of mining and forestry are addressed by the Ontario government and possible future disputes could result in blockades and
Tar Sands Protest on Parliament Hill, Sept. 2011 (Photo by R. Diabo)

Canada has undergone a shift towards a more resource and especially energy based economy, industry has come increasingly into conflict with Aboriginal communities who claim rights over many of the lands exploited for mining, forestry and oil, and often oppose such development for environmental reasons

RCMP arresting Oil Sands protesters.

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demonstrations. The Strategic Intelligence Report notes that environmental concerns often spark confrontations with aboriginal communities: Mining, oil drilling, logging, garbage dumps, construction of dams, highways, and expanding the industries such as the oil sands can produce permanent impacts on the land, resources and people.
Hydro towers.

The report makes mention of other legislation and policies that are a source of unrest, including the Matrimonial Real Property Initiative currently being legislated by the Conservative government, which it states will not address the real issues faced by some Aboriginal families. The documents indicate the government is aware of the harmful impacts of their policies and actions, said Russell Diabo, an independent Aboriginal policy analyst who has seen the RCMP documents. But when some Aboriginal communities are refusing to accept these policies, the theft of their resources or pollution of their lands, the government [is] criminalizing them rather than resolving the human rights violations which are the root of the protests." While doing surveillance on selected First Nations, the RCMP unit also assessed the unique opportunities for civil disobedience in 2010. According to the report, the Vancouver 2010 Olympics, Paralympics and torch relays, and the G20 summit in Toronto could be leveraged by Aboriginal communities and groups who support Aboriginal issues to draw attention to outstanding issues and grievances and to garner national and international attention. These events, ongoing unresolved issues in many Aboriginal communities, and the pattern of convergence among activists groups, contribute to increased uncertainty and concern and the potential for large numbers of protestors attending these major events, and the potential for violence and criminal acts. One of the central tasks of the RCMP intelligence unit was to closely monitor protests against critical infrastructureblockades of highways and roads, and demonstrations, protests, or gatherings concerning energy sector development. The 2009 strategic intelligence report states that it assesses acts outside the category of legitimate dissent. In what may be a pitch to the private sector, the RCMP slideshow presentation states that the Aboriginal intelligence unit can "alleviate some of your workload as we can help identify trends and issues that may impact more than one community." It can also "provide information on activist groups who are promoting Aboriginal issues within your area." The JIG was an essential tool that helped us gather information to understand if in fact critical infrastructure was at risk in certain areas, the RCMP spokesperson wrote in an email. This in turn helps the RCMP attain its goal of safe homes and safe communities, which includes Aboriginal communities. The communities of concern were chosen based on such potential factors as militants operating within the community," threats against critical infrastructure, external influences like activists groups, government policies, [and] major events, and a history of violence. But the documents note that within the last 12 months, no violent acts occurred, and that "overall, occupations and protest in Canada associated to Aboriginal communities have experienced low levels of violence." The yearly report lays out infrastructure in proximity to First Nations by province. Though

One of the central tasks of the RCMP intelligence unit was to closely monitor protests against critical infrastructure blockades of highways and roads, and demonstration s, protests, or gatherings concerning energy sector development

Enbridge Pipelines, Hardesty, Alberta

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heavily redacted, it reveals an exhaustive detailing of protests targeting road, railways, and pipelines, classifying them as "incidents." This includes the targeting of oil sands developments such as the legal challenges of oil sands concessions on their territory undertaken by the First Nations of Fort Chipewyan and the Woodland Cree. In their report to CSIS, the RCMP acknowledge the risks posed by the targeting of infrastructure, mentioning the Mohawk community of Tyendinagas high-profile blockade of the CN rail line between Toronto and Montreal in the spring of 2007: The recent CN strike represents the extent in [sic] which a national railway blockade could effect the economy of Canada. The federal government is afraid of First Nations disrupting the economy in order to demand their constitutionally-protected rights to lands and resources, said Diabo. So when communities take action on the ground, the government is using the RCMP and security agencies politically to control and manage First Nations and ensure they acquiesce to unjust legislation and policies or imposed negotiation process. Documents show the Aboriginal JIG and a separate Joint Intelligence Group that was set up for the G8 and G20 summit in Huntsville and Toronto were in contact with each other up into 2010. The G8/G20 JIG, which was recently reported to have placed undercover police officers National Day of Action Indigenous Peoples march in Toronto, June 24, 2010. (Photo in activist by R. Diabo) groups for more than a year, was one of the largest domestic intelligence operations in Canadian history. Judging by the intensified surveillance initiated by the Harper government, there is every reason to believe the RCMP is continuing its spying alongside other government departments, likely under another name, said Diabo. __________________________________________________________________ Martin Lukacs is a writer and activist, and a member of the Dominion editorial collective. Tim Groves is an independent researcher and journalist in Toronto. [This article is reprinted from Media Co-op.] The original version of this article appeared in the Toronto Star.

Judging by the intensified surveillance initiated by the Harper government, there is every reason to believe the RCMP is continuing its spying alongside other government departments, likely under another name

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Occupy(ed) Canada: The Political Economy of Indigenous Dispossession in Canada

By Shiri Pasternak As the DND spies on the activities of Indigenous organizations, it is apparent that the questions at stake are not that of security but of Indigenous protest and land reclamation. The political economy of Canada rests on claims of ownership to all lands and resources within our national borders. So, what in concrete terms, does it mean to talk about Occupy(ed) Canada [1] to express the demands of the 99 per cent? Last week, the Globe and Mail reported that the Canadian Forces' National CounterIntelligence Unit has been keeping tabs on the activities of Indigenous organizations. While the Department of National Defence -- the unit that released the surveillance documents -- is tasked with protecting citizens from espionage, terrorists and saboteurs, the content of these co-intel reports do not contain a single shred of evidence that Canadians' safety is at stake. In fact, what these surveillance reports starkly reveal is that the selfdetermination, well-being, and territorial heritage of Indigenous peoples are at the heart of Indigenous protest and land reclamation.
Police grab a protester as Algonquins of Barriere Lake block highway 117 in Western Quebec.

RCMP converted APC for police use in B.C.

It is the fear of economic disruption that is driving Canada to spy on Indigenous peoples. Moreover, in recent years, it has become the fear of an exceedingly more dangerous risk to businessas-usual in this country than paranoid phantoms of espionage. It is the fear of Aboriginal Title

Even Indian and Northern Affairs Canada (INAC) confirms this observation. In a 2007 presentation to the RCMP [2], Indian and Northern Affairs Canada (INAC) states that "the vast majority of Hot Spots" of so-called Native unrest are "related to lands and resources," with most conflicts "incited by development activities on traditional territories." It seems, in other words, that "Native unrest" is largely a euphemism for bands that are protecting their lands from ecological damage, or in the case of land claim disputes, from dispossession. More broadly, "Native unrest" has become a rhetoric of dismissal for the struggle to exercise inherent Indigenous rights. So why is the Department of National Defence spying on Indigenous communities in Canada? It is the fear of economic disruption that is driving Canada to spy on Indigenous peoples. Moreover, in recent years, it has become the fear of an exceedingly more dangerous risk to business-as-usual in this country than paranoid phantoms of espionage. It is the fear of Aboriginal Title. Since 1997, Indigenous politics in Canada have unfolded against a changing landscape of economic consequence. In that year, the Supreme Court of Canada recognized in Delgamuukw v. British Columbia that Aboriginal Title is the collective proprietary interest of Aboriginal peoples in their unceded traditional territories. Therefore, wherever treaties had not been signed, Aboriginal proprietary rights underlie provincial, federal, and private property lands.

Haida Chiefs at Supreme Court of Canada in 2004. (Photo by R. Diabo)

And in addition to unceded or unsurrendered lands, as Arthur Manuel and Nicole Schabus pointed out in an article in Chapman Law Review in 2005, "Many Indigenous Peoples argue that the 'spirit and intent' of the treaties also ensures Indigenous control over their traditional territories." Unceded and treatied lands cover a massive amount of territory in Canada from coast to coast, translating into significant uncertainty for industry and government. There is no

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Occupy(ed) continued from page 12

question that the active defence of Indigenous rights and lands has major economic consequences for Canada. In 1990, INAC commissioned a study by Price Waterhouse on the economic value of uncertainty associated with Indigenous claims in B.C., for example. The report concluded that around $1 billion of capital expenditures involving up to 1,500 jobs in the mining and forestry sectors would likely be affected by the land claims process. This problem is not going away. It is only intensifying with the current global scramble for energy, minerals, oil and gas. Key natural resource projects cannot proceed without Indigenous consent and cooperation. In the last few years alone, Kitchenuhmaykoosib Inninuwug shut down Platinex mining in northern Ontario Ojicree territory, 64 B.C. First Nations threaten the development of the west coast Enbridge pipeline to the Pacific Coast from the Alberta tar sands, and local Tsilhqot'in Nation sank the Prosperity copper and gold mine at Fish Lake in B.C. Moreover, mega-projects like the Canadian Boreal Forest Agreement, Plan Nord in Quebec, and the Ring of Fire in northern Ontario, have all been hampered by the failure of ENGOs, government and industry to recognize the land rights of Indigenous peoples. These developments are hardly new. Indigenous peoples have been on the geographic frontier of capital accumulation for over 500 years of permanent resistance. Indigenous peoples' labour and lands have shaped the political economy of Canada, from the time of the fur trade to bankrolling industrialization with their lands and resources, and today, by confronting neo-liberal policy in the form of continental restructuring and intensified resource grabs. One example of the economic role of Indigenous lands historically and today can be found in the case of railways, to which Canada maintained a pre-emption right to clear Indigenous lands, and that facilitated the industrial pathways for capitalist development. Over a hundred years later, authorities have become well aware of the risky correlation between Indigenous lands and the steel rails that cross the country from coast to coast. In an RCMP briefing to CSIS on operational responses to Aboriginal occupations and protest, the RCMP warn: "The recent CN strike [referring to the Tyendinaga Mohawk rail blockades in April 2007] represents the extent in which a national railway blockade could effect the economy of Canada." In addition to these massive expanses of treaty areas and unceded traditional territories, Indigenous lands were historically fragmented into isolated and remote reserves by successive colonial administrations. There are over 2,600 Indian reserves across Canada today. This forced settlement resulted in a unique spatial phenomenon that unwittingly placed Indian reserves on the frontier of vital national and regional boundaries: frontiers, for example, for natural resource extraction [3], suburban development, [4] military training grounds [5], oceans and in-land waterways [6], state borders [7], and energy generation. [8]
RCMP Tactical Officer.

Indigenous peoples have been on the geographic frontier of capital accumulation for over 500 years of permanent resistance. Indigenous peoples' labour and lands have shaped the political economy of Canada, from the time of the fur trade to bankrolling industrialization with their lands and resources, and today, by confronting neoliberal policy in the form of continental restructuring and intensified resource grabs

Shawn Brant blocking CN rail in 2006.

Despite their wealth in land and resources, economic racism prevents Indigenous peoples from obtaining financial benefits from their traditional territories. Their proprietary interests have been largely ignored and Aboriginal Title is extinguished through the land claims settlement process. Chronic under-funding of reserves has deepened the gap formed by deprivation from traditional subsistence economies due to land loss and ecological deterioration. The Royal Commission on Aboriginal Peoples (RCAP) commissioner stated in 1996 that "current levels of poverty and underdevelopment are directly linked to the dispossession of Indigenous Peoples from their lands and the delegitimization of their institutions of society and governance."

RCMP Tactical Unit.

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Occupy(ed) conclusion from page 13

In addition to systemic impoverishment, and where Indigenous populations join the 99 per cent, austerity programs attack the weakest first. Murray Angus, in his slim but critical book, "And the Last Shall be First: Native Policy in an Era of Cutbacks," gives three main reasons for why Indigenous people are the first ones out of the social security boat when austerity programs roll around: (1) funding -- money for Indigenous people comes from the 'social envelope,' which is under attack; (2) demographics -- Indigenous peoples are the fastest growing population -- so even maintaining programs is expensive; (3) and racism -- white people will look after their own first. The government has been doling out austerity programs to Indigenous peoples for decades by downloading their responsibilities onto provincial and territorial governments, as well as through bogus self-government policies. But as bureaucrats cast around for deep cuts that Harper has demanded, austerity measures will trim whatever is left in Aboriginal budgets that cannot be tied down. In 2010, the Aboriginal Healing Foundation lost funding, an organization that financed community-based programs to address abuse suffered at residential schools. That same year, Harpers' Conservatives cut funding to the Sister in Spirit research project that brought to light hundreds of cases of missing and murdered Indigenous women. Most recently, Department of Aboriginal Affairs Minister John Duncan announced upcoming budget cuts to his department amounting to a $100 million slash. The wealth of the nation still depends fundamentally on land. Financial investment for resource development projects is funnelled through the same banks protested against across the U.S. and Canada, such as RBC Royal Bank that funds tar sands development on Treaty 8 lands. Global structural inequality can only be addressed then by questioning the sources of authority by which resources are bought and sold. If you don't own it Canada, how can you give it away? ___________________________________________________________________ Shiri Pasternak is a writer and researcher living in Toronto. She is an active member of Barriere Lake Solidarity [9] and the Indigenous Sovereignty and Solidarity Network. Links: [1] https://www.facebook.com/pages/Occupyed-Canada/222699701124676?ref=ts [2] http://www.mediacoop.ca/story/first-nations-under-surveillance/7434 [3] http://www.barrierelakesolidarity.org/2011/05/mining-opposition.html [4] http://www.reclamationinfo.com/ [5] http://webhome.idirect.com/~occpehr/campaigns/icie/ [6] http://www.cbc.ca/news/canada/montreal/story/2011/03/08/pol-nuclearmohawks.html [7] http://briarpatchmagazine.com/articles/view/a-border-runs-through-it [8] http://rabble.ca/blogs/bloggers/jim-quail/2011/02/first-nations-block-bc-hydrospower-line [9] http://www.barrierelakesolidarity.org [10] http://rabble.ca/user [11] http://rabble.ca/user/register [This article was reprinted from Rabble.Ca, originally published on October 20, 2011.]

Canadian currency

The wealth of the nation still depends fundamentally on land. Financial investment for resource development projects is funnelled through the same banks protested against across the U.S. and Canada, such as RBC Royal Bank that funds tar sands development on Treaty 8 lands

RCMP Emergency Response Team.

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National Aboriginal Orgnizations Need to Rethink Conservatives as Partners

By Dr. Pamela Palmater The national Aboriginal organizations in Canada need to rethink their support of Conservatives as partners in anything but the cultural genocide of Indigenous Peoples. I keep wondering, why is it that some of the national Aboriginal organizations (NAOs) continue to look the other way when the Conservatives show their true colours? There is a saying that goes: when someone tells you who they really are, you should listen. So, if a guy tells you on a date he doesn't want to settle down, you should not be surprised if after dating him for several months that he does not want to get married. In Canada, the Crown has not only shown its policy objectives through its legal and political actions, but it has made them very explicit in speeches, cabinet papers and written documents. Canada's underlying objective in Indian policy is to "rid Canada of the Indian problem" and to free up land for settlement and development. Even the joint action plan between Canada and the Assembly of First Nations (AFN) focuses on freeing up land to "benefit Canadians." Thus Indian law and policy has been based on the fact that Canada still sees the "Indian problem" as temporary and that, despite apologies to the contrary, it views First Nations as inferior and incapable of handling their own affairs. The age-old solution has been assimilation -- by whatever means. Historically, that meant scalping laws, small pox-infected blankets, starvation, preventing hunting and fishing or leaving reserves, outlawing culture, residential schools, and now legislated extinction in the Indian Act registration provisions, trying to change reserve lands to fee simple and imprisoning our men and women at alarming rates. This has not changed over time, although we may have seen some political dancing around the issue. Yet, none of us should be fooled or distracted by the dance. Canada's progress on relations with First Nations has taken a draconian step backwards with the Conservatives (Cons) in power. Some might say I am biased, but seeing as I don't belong to any political party in Canada, nor do I make a habit of voting, I think my views are less biased than most. I call it as I see it based on the Cons' individual and collective actions, decisions, positions and submissions. I start with the Cons's appointment of John Duncan as Minister of Indian and Northern Affairs Canada (INAC now AANDC). Duncan had a history of being vigorously opposed to what he called "race-based" fishing. He saw First Nations as a races that did not deserve to have their Aboriginal and treaty rights respected, despite their constitutional protection. Then of course there is the fact that Tom Flanagan, the guy famous for advocating for the assimilation of Aboriginal peoples, was Harper's campaign manager and then his Chief of Staff. For anyone who has not read First Nations? Second Thoughts or Beyond the Indian Act, Flanagan sees Aboriginal peoples as "primitive" and that "assimilation" has to happen. Imagine the influence he would have had over the PM or his staff regarding Aboriginal peoples. That might explain Harper's comment on the international stage that there was "no history of colonization in Canada." Then, there was MP Pierre Poilievre who, on the day of the residential schools apology, questioned whether the settlement was "value for money." One might think he is just a lone radical, right-wing voice in the Conservative government were it not for Minister Duncan's statement yesterday where he said that residential schools were NOT a form of cultural genocide -- it was just negative to culture, not lethal. Wow. Really? Do the Conservatives think we are all stupid? Upwards of 40 per cent of the children who entered residential schools never made it out alive. The express purpose of residential schools was expressed by superintendent of Indian Affairs, Duncan Campbell Scott: "I want to get rid of the Indian problem Our objective is to continue until there is not a

Tom Flanagan, fomer Harper advisor.

Canada's underlying objective in Indian policy is to "rid Canada of the Indian problem" and to free up land for settlement and development. Even the joint action plan between Canada and the Assembly of First Nations (AFN) focuses on freeing up land to "benefit Canadians

Pierre Poilievre, asked if Residential School Settlement was value for Money.

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NAOs & Cons continued from page 15

single Indian in Canada." Even when residential schools became too controversial, they switched over to what is now known as the '60s scoop, where children were taken from their parents, and instead of being put in residential schools, they were adopted out permanently in non-Indian families. To believe that Indian policy and assimilation is a thing of the past is to be blind to the current reality. To believe that it is not genocide ignores our own Criminal Code and the United Nations own definition of genocide. The Criminal code defines genocide as not just the murder of an identifiable group, but also includes the creating of conditions that lead to their physical destruction. The United Nations includes the theft of children from an identifiable group. Canada's habit of deferring issues to study, deflecting issues by blaming First Nations or denying issues like genocide are all strategic ways of allowing assimilation to continue. This brings me back to my point. Some of our NAOs are working with the Conservatives under the hopes of changing their minds. This reminds me of that saying again -- if someone tells who they are, you should listen. If a man continually beats his wife, the wife can expect, with some certainty, that the man will beat her in the future, that the violence will likely get worse, and may even result in her death. Why should we expect anything other than what the Conservatives have promised? Look at the Conservatives election platform -- what was offered for Indigenous people except adult training in the north, the chance to sit on a hunting advisory panel (of mostly non -Indians) and to have input on a park in Rouge Hill. Who the heck asked for any of that stuff? The core issues of sovereignty and jurisdiction, treaties, land claims and equitable funding were all off the list. What they were saying is really: "We, the Conservatives, are promising you nothing -- absolutely nothing, but you better be our willing partners or maybe things will get worse." Thus, some of the NAOs have stopped representing our interests, and have made decisions based on fear and organizational self-interest. This is really frustrating for me as a grass-roots person. These organizations were all created to represent our interests politically and some of them have failed to do so by being coopted by the endless funding dance where the Conservatives essentially say, "play nice with us and we give you minor funding to keep your organization alive, but play against and lose your funding." OK, that is a reality that sucks as we could really use some coordination, research and representation at all levels. However, acquiescing to our own extinction -- legal or otherwise, is hardly a viable alternative. Things like ec dev projects, consulting contracts and project funding are short-term gains that will result in long-term pains (loss of lands and legislated assimilation) and that is not in anyone's best interest. Playing nice may win individuals Senate seats, Porsches or media fame, but it does little to protect our people -- those who are suffering the most. Just because the Conservatives think it is OK for our PM to live in luxury and travel the world, while poverty and homelessness is rising in Canada, that does not mean that we as Indigenous governments should emulate that form of society. Yet, time and again, some of us are shocked when we hear unbelievably racist comments come from the Minister of Indian Affairs or PM Harper. Why the shock? They have told us many, many times who they really are and how they really feel about our issues. Our wishing it wasn't so won't change that. What we can change is whether or not we continue to prop up the Conservatives and their ludicrous ideas, or whether we stand together against it. There are other Canadians out there who see the benefit of a more equitable and just society that lives in harmony with nature -- we have allies both home and abroad. Our power has always been in our unity and our unity is what defeated the White Paper, what defeated the First Nations Governance Act and many other assimilatory plans and policies. Nothing has changed in the Conservative government except how they are going

Protesting the 60s scoop of Indigenous children.

To believe that Indian policy and assimilation is a thing of the past is to be blind to the current reality. To believe that it is not genocide ignores our own Criminal Code and the United Nations own definition of genocide

United Nations Logo

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NAOs & Cons conclusion from page 16

about our assimilation. Instead of proposing massive and immediate assimilation, they now have a more insidious plan which accomplishes assimilation over a longer term through many different measures which appear neutral, but spell our demise. They also use our people as their spokespeople for assimilation under the guise of "progress" and they distract us with red herrings so we don't see what is really happening. Perhaps one bill won't result in our extinction, but if you look at the entirety of their plan -- disappearing Indian status, non-natives occupying reserve lands, turning reserves into fee simple for sale, provincially controlled education, loss of funding for languages, non-existent land claim resolution and delayed self-government, you see a very clear pattern -- one that has not changed since Duncan Campbell Scott, the White Paper or Flanagan. If they wait long enough, there will be no Indians left to negotiate self-government, exercise treaty rights or live on reserves. Reserves will all be used for mineral development, Wal-Marts, or residences for non-Indians. When our children look back at how this all happened, we will see the smiling faces of our national leaders shaking hands with Canada, promoting these things as "good for us." What our children will also see are organizations that used to exist until Canada accomplished what it intended to do and then finally cut off funding for those national organizations. In the words of Canada's own demographic expert, we will "author our own demise." So, instead of relying on the naive hope that the Conservatives will do something good for us if we play nice and act as "willing partners," it's time our national leaders grew a backbone and started representing us like our ancestors did -- with a sense of realism, foresight, and self-sacrifice. Otherwise, every time one of us, like Sharon McIvor, wins a small victory in the ongoing battle against our assimilation, we will all lose when our national leaders make deals on her behalf and let the world know our rights are for sale. I see a great future for our children if we take action today to protect them. I know it is possible to save our languages and cultures if we refuse to submit to federal control. I see larger, stronger Nations if we make some short-term sacrifice. I also see more empowered leaders if they would start relying on their people -- the grass-roots citizens who have a great deal to offer. Leaders were never meant to go this alone, nor were our women, our children or our men. We can turn around the number of Indigenous kids in care, murdered and missing Indigenous women, overincarcerated Indigenous men and grass roots Indigenous people who are disconnected from their communities and Nations. Canada through the Indian Act and its various Indian policies divided our Nations into small communities; divided our communities between on and off reserve, member and non-member; and divided our families into Indians and non-Indians. This is called divide and conquer and it is designed to make us think we are all alone in this struggle against oppression -- when in fact we are all in this together. There is nothing wrong with us as Indigenous people. We are not genetically inferior. This is not about a great system that once used to work and is now broken. The system is working exactly how the colonizers designed it -- to facilitate our assimilation. While the worst culprit is the Conservative Party today, all Canadian governments have had their hand in Indian policy at one time or another. We are strong as peoples and we are even stronger when we all work together. Every single one of us has a responsibility to stop the destruction of our people and our way of life. Our future is not for sale. Write to your NAO and let them know how you feel. It's time they started taking their mandates from the people again. ______________________________________________________________________________________ Dr. Pamela D. Palmater is a Mi'kmaw lawyer and member of the Eel River Bar First Nation in New Brunswick. She teaches Indigenous law, politics and governance at Ryerson University and heads their Centre for Indigenous Governance. Links: [1] http://rabble.ca/taxonomy/term/18084 [2] http://rabble.ca/user [3] http://rabble.ca/user/register [This article is a reprint from Rabble. Ca, is was originally published October 28, 2011.]

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A Moment of Reckoning
By AFN National Chief Shawn Atleo The call to move beyond the Indian Act is not a response to the current situation in Attawapiskat. It is a response to 150 years of a failed system and failed outcomes for First Nation citizens and all Canadians. And its nothing new. First Nations across Canada have longadvocated for the implementation of treaty rights, an effective nation-tonation relationship with the Crown and engagement in the decisions that imPrime Minister Stephen Harper and AFN National Chief pact our lives. problems and made recommendations. Former auditor general Sheila Fraser conducted more than 30 audits in a span of 10 years, concluding that the situation for First Nations is actually worsening. The bottom line is the current system does not work. The country has seen the faces of the children in Attawapiskat, many of whom do not have warm beds to sleep in, clean water, food in their bellies or a school. Many of our people, especially across the North, live this every day. We have a collective responsibility to respond to urgent needs. Beyond this, however, we have more work to do together. First Nations want to move beyond Band-Aid approaches, and achieve long-term solutions. In 2008, Canada made a commitment to reconciliation. This included an apology by Parliament for the Indian residential school system, the Truth and Reconciliation Commission. More recently, in 2010, Canada endorsed the United Nations Declaration on the Rights of Indigenous Peoples. These are signals of a willingness for change and provides a guide for our work. Now the real work begins. Overcoming decades of failed approaches will not come overnight, but through a systematic approach we are and we will achieve significant change. First Nations are advancing clear plans in a number of priority areas. And, while no one individual, political party or generation created todays challenges, we must all come together to address them head on and move forward. This generation has the opportunity to achieve real change and real reconciliation. It starts by resetting the relationship between First Nations and the Government of Canada. By fundamentally transforming the relationship between First Nations and the federal government and First Nations and all Canadians, we can better ensure our people are supported and empowered to reach their full potential and contribute to society as a whole. First Nations continue to be the only citizens in this country whose rights, opportunities and access to services are denied or limited by legislation and lack of recognition. We must work now to enable and empower First Nations to drive their own solutions. This means creating education and health systems that are stable, equitable and culturally relevant and recognizing and implementing First Nation rights to their lands and resources that will in turn create jobs and generate tremendous new partnership opportunities. And it means ensuring First Nations peoples are safe with access to clean drinking water and adequate housing and infrastructure. First Nation leaders from across Canada gathered last week in Ottawa, as we do twice a
Shawn Atleo meeting in Ottawa on Dec. 1, 2011. (Photo Reports and studies have highlighted by Adrian Wyld/The Canadian Press) Attawapiskat Chief Theresa Spence, during press conference in Ottawa, Dec. 6, 2011. (Photo by R. Diabo)

while no one individual, political party or generation created todays challenges, we must all come together to address them head on and move forward. This generation has the opportunity to achieve real change and real reconciliation

AFN Logo

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Reckoning conclusion from page 18

year, to reaffirm a direction forward. While we stood in full support of our brothers and sisters in Attawapiskat, we are also working hard to achieve a better day for our peoples across Canada. Our interest now is to continue this momentum and increase the rate and pace of positive change. In education, weve seen the Mikmaq double high school graduation rates by stepping forward, taking full responsibility and nurturing their students to far better success. In health, there is innovation advancing across the country as profiled at our recent national health summit and evidenced in a new agreement in British Columbia. First Nations are also at the forefront of green energy and technology across Ontario and other regions. Prime Minister Stephen Harpers commitment to the Crown-First Nations gathering next month is potentially the next important step in resetting the relationship and jointly designing a new system and approaches that work for our peoples and all Canadians. We cannot lose another generation tinkering around the edges of a failed Indian Act. We must together seize this moment of reckoning to turn the page on a dark chapter of our history. Re-calling our original relations, our alliances of friendship and trade and our solemn commitments to one another made through ceremony and treaty is at the heart of all that we do and what we must do now together. A new chapter requires respect, mutual responsibility, and the commitment to deliver real results for our peoples and all Canadians. [This article is reprnted from the Ottawa Citizen, originally published on December 12, 2011.]

Prime Minister Stephen Harpers commitment to the CrownFirst Nations gathering next month is potentially the next important step in resetting the relationship and jointly designing a new system and approaches that work for our peoples and all Canadians

Attawapiskat Chief Theresa Spence addressing the AFN Special Chiefs Assembly in Ottawa on December 6, 2011.

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Advancing the Right of First Nations to Information

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The First Nations Strategic Policy Counsel is a collection of individuals who are practitioners in either First Nations policy or law. We are not a formal organization, just a network of concerned individuals. This publication is a volunteer non-profit effort and is part of a series. Please dont take it for granted that everyone has the information in this newsletter, see that it is as widely distributed as you can, and encourage those that receive it to also distribute it. Feedback is welcome. Let us know what you think of the BulletinRussell Diabo, Publisher and Editor, First Nations Strategic Bulletin.

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Crown-First Nations Gathering Will Take Place on January 24, 2011

OTTAWA Prime Minister Stephen Harper announced on Thursday that a Crown-First Nations Gathering will take place on January 24, 2012 in the National Capital Region. During the Gathering, the Prime Minister, Minister of Aboriginal Affairs and Northern Development John Duncan and other representatives of the Government of Canada will meet with Assembly of First Nations National Chief Shawn A-in-chut Atleo and a delegation of First Nation Chiefs to discuss key priority areas. The announcement was made today following a meeting in Ottawa between Prime Minister Harper and National Chief Atleo. Our Government is taking real action to address important and pressing issues in First Nations communities, said Prime Minister Harper. I look forward to meeting with First Nations representatives early in the new year to determine how we can work together to further improve the quality of life and long-term economic prosperity of Canadas Aboriginal peoples. It is more and more evident to everyone that we need action to deal with the long-standing problems facing First Nations and Canada, National Chief A-in-chut Atleo said. We have communities in crisis that need action now, but we must stop lurching from crisis to crisis. This requires action and commitment to address systemic problems, and it requires that we work together. It is time to reset the relationship to the one formed at the time of Treaty based on partnership and respect. The Crown-First Nations Gathering will be an opportunity for the Government and the First Nations to discuss and identify ways for Canadas Aboriginal peoples to benefit from increased social and economic participation in Canadian society and improved living conditions in First Nations communities. The opening remarks and plenary closing sessions will be webcast, and interactive breakout sessions will allow First Nations leaders from across the country to participate in real-time using webinar technology. First Nations are diverse and face many challenges, but by focusing on key critical issues we can set out a long-term strategic plan for progress and prosperity, National Chief Atleo stated. We must strengthen our relationship and give life to our Treaties as the foundation to build strong First Nation economies, boost First Nation education and foster healthy citizens and safe communities. This will unlock the tremendous potential of our people and create a stronger country for all of us. The announcement comes as First Nations from across the country are preparing to convene for the AFN Special Chiefs Assembly next week in Ottawa. National Chief Atleo said a special session on the Crown-First Nations Gathering will be added to the agenda to share information. First Nations have already put forward detailed, workable plans in key, critical areas like education, building economies, implementing the Treaties, improving housing and infrastructure, strengthening First

Nation governments and other key priorities. The Gathering will build on the Canada-First Nations Joint Action Plan that was agreed to by the Government of Canada and the Assembly of First Nations in June 2011. Both the Government of Canada and the Assembly of First Nations committed to advancing a constructive relationship based on the core principles of mutual understanding, respect, ensuring mutually acceptable outcomes and accountability.[Source: PMO Release.]