Libs tells AFN to prepare to move beyond the Indian Act

tay

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Justice Minister Jody Wilson-Raybould on Tuesday said First Nations need to prepare for a future that has been set into motion by the Justin Trudeau government that will permanently alter their relationship with Canada.

Speaking to Assembly of First Nations-member chiefs in Regina, Wilson-Raybould said First Nations need to prepare for a future where Indian Act bands are done away with, opening the door to more traditional governance where communities are grouped by nations.

“Who are the rights-holding people being recognize, and what will you establish as your political and governing institutions? If not the colonial imposed institutions for administration of Indians living on reserves under the Indian Act, then what?” said Wilson-Raybould, who spoke during the AFN’s annual general assembly. “In considering our government’s commitment to a distinctions based approach to recognition, how will your nation and Indigenous government be organized? What is your territory? Is it shared with another nation and to what extent?”

Wilson-Raybould said she is already beginning to alter Ottawa’s internal machinery which was the main aim of the 10 principles unveiled Friday that will now govern Canada’s side of its relationship with Indigenous peoples.

“They are explicit in rejecting certain long-standing federal positions—such as the focus on extinguishment, surrender or denial of rights,” said Wilson-Raybould. “They are a start, as the government needed to tell itself, internally, how to act. In this sense, the principles, chiefs, are not really directed at you, but rather for federal officials and the bureaucracy, to begin shifting decades-old patterns of internal behaviour to a new reality. They will evolve over time as need be.”

With Ottawa currently reviewing all its laws and policies to ensure they comply with Section 35 of the Constitution and the UN Declaration on the Rights of Indigenous Peoples and work underway to create a new legislative framework to implement the international document, Wilson-Raybould told chiefs the time was now to seize the moment.

“Some of you may not believe this is really happening. To those of you who think this way, I can tell you, under the leadership of our prime minister and from my seat, it is happening,” said Wilson-Raybould. “I also know that the potential of this moment will only be realized if you help advance it, fight for it, and are deeply involved in driving the change.”

Wilson-Raybould said First Nations don’t need to reject Canada, but can thrive within it.

“I am aware there are some who say they do not recognize Canada as a state, so how can our rights be recognized by it? As a proud Kwakwaka’wakw woman and also a proud Canadian, to these people I say this, while I understand your position, please do not underestimate the power of section 35 and UNDRIP,” said Wilson-Raybould. “There are many ways to be Canadian respecting different legal traditions. I believe it is within a strong and caring Canada that we as Indigenous peoples can build a future where our traditions, cultures, identities and ways of life thrive.

And that the state has a role to play in supporting this objective, including through changing laws and policies and working in partnership based on recognition.”

Indigenous Affairs Minister Carolyn Bennett echoed Wilson-Raybould’s message about the coming change.

“How many of you will still be under the Indian Act in 10 years?” said Bennett.

Bennett said Ottawa wants to help build Indigenous institutions, not create more programs.

“We want to partner with you on building on the strengths and assets you have in your communities,” said Bennett, in a speech to the AFN. “You have the power to determine the future of your communities.”

While the rhetoric has been soaring from the Trudeau Liberals on improving the relationship with Indigenous peoples, change has been slow in coming on the ground.

In an attempt to show that things are moving at the band level, Bennett and Assembly of First Nations National Chief Perry Bellegarde announced Tuesday the Indigenous Affairs department will no longer claw back Infrastructure funds at the end of the fiscal year beginning in 2018. This change will relieve some pressure off bands who are often rushed to push construction projects to avoid losing allotted funds. Bennett said this will eventually apply to all dollars provided to bands through contribution agreements—which govern the funding coming from Ottawa for each fiscal year.

The department is also committed to working with the AFN to change the own-source revenue requirement for operations and maintenance, which often hobbles a band’s ability to fund emergency response and water treatment.

Bellegarde also said that he expects the Trudeau government to pass legislation protecting and promoting Indigenous languages before the next federal election. He said the legislation will give Indigenous languages special status and create statutory funding to revitalize and preserve the about 58 distinct Indigenous languages that exist within the boundaries of Canada.

“In some ways, we are on the right path,” said Bellegarde, in his opening address to chiefs.

Bellegarde said examples of this “right path” include an agreement he signed with Trudeau last month that guarantees the leadership of the AFN will have permanent access to the federal levels of power along with the ongoing review of federal laws and policies.

“These meetings will be used to identify key issues and find solutions so we can break through the barriers facing our people,” he said. “Canada’s laws, written over decades to deny us those rights, must be rewritten….Our people will write the laws that govern our own nations and we must help Canada to revise those laws, policies and procedures that conflict with (UNDRIP).”

Public Safety Minister Ralph Goodale and Environment and Climate Change Minister Catherine McKenna spoke to the AFN assembly along with Conservative Leader Andrew Scheer.

Justice Minister Wilson-Raybould tells AFN to prepare for future beyond the Indian Act - APTN NewsAPTN News
 

mentalfloss

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White_Unifier

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Feb 21, 2017
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Hmmm... Details aside, I think the government is heading in the right direction with this, at least in principle.

While money might be needed, we should not depend on money as the sole means of solving indigenous problems. It might be necessary in the short to medium term. But in the medium to long term, we should explore regulatory mechanisms that could help indigenous peoples through strategic regulation or deregulation, or shifting funding strategically rather than increasing overall funding.

Perhaps we should include Canada's English and French peoples in the consultations too to see what we would be willing to sacrifice to promote more equality between us. For example, I'd support curbing the official status granted to English and French and shifting the savings towards indigenous languages.

Some Catholics might be willing to abandon the separate school system. Maybe other English and French Canadians would be willing to abandon other privileges for the sake of equality too.

Indigenous people will never achieve equality until we abandon our privileges, and no amount of money will ever change that.
 

Curious Cdn

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Feb 22, 2015
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There had better be a little bit extra in the pay packets for those Chiefs and Tribal Councils out there to get this one through.

Know what I mean?Know what I mean?
 

Curious Cdn

Hall of Fame Member
Feb 22, 2015
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Can you elaborate?

The Indian Act is the source of power and ultimately largesse for the chiefs and band councils. Any fiddling with it will erode their traditional rights to line their (and their friends) pockets with government $$$. Can you imagine if they were like real countries who had to levy taxes (and collect them) and run their affairs according to some semblance of fiscal responsibility (that may even include AUDITS!![gasp!]?
 

justlooking

Council Member
May 19, 2017
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Nope.
Without deleting the Indian Act, not much will change, except
the amounts of money thrown away for nothing will get a lot bigger,
while bands with 300 members start calling themselves "countries".

PET made huge mistake by not moving on the 1968 White Paper, I don't see
lil Potato doing much to change it.

Except MO' MONEY, as usual.

Perhaps we should include Canada's English and French peoples in the consultations too to see what we would be willing to sacrifice to promote more equality between us.

Some Catholics might be willing to abandon the separate school system. Maybe other English and French Canadians would be willing to abandon other privileges for the sake of equality too.

Indigenous people will never achieve equality until we abandon our privileges, and no amount of money will ever change that.


The answer isn't for Indians to have even more 'equality' than they have now;
rather, it is for them to have the same rights and obligations as any Canadian citizen.
 

White_Unifier

Senate Member
Feb 21, 2017
7,300
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Nope.
Without deleting the Indian Act, not much will change, except
the amounts of money thrown away for nothing will get a lot bigger,
while bands with 300 members start calling themselves "countries".

PET made huge mistake by not moving on the 1968 White Paper, I don't see
lil Potato doing much to change it.

Except MO' MONEY, as usual.




The answer isn't for Indians to have even more 'equality' than they have now;
rather, it is for them to have the same rights and obligations as any Canadian citizen.

You can't deny that the language and separate-school provisions of the Canadian Charterof Rights and Freedoms are stacked in our favour. That's why I think we're just throwing money at the problem. If the Charter is stacked in our favour, then however much money we indigenous people will inevitably boomerang back to us. Scrap or at least reduce our Charter privileges, and we might not need to spend so much money and the money we do spend would tend to remain in the indigenous community rather than just boomerang back.
 

justlooking

Council Member
May 19, 2017
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You can't deny that the language and separate-school provisions of the Canadian Charterof Rights and Freedoms are stacked in our favour. That's why I think we're just throwing money at the problem. If the Charter is stacked in our favour, then however much money we indigenous people will inevitably boomerang back to us. Scrap or at least reduce our Charter privileges, and we might not need to spend so much money and the money we do spend would tend to remain in the indigenous community rather than just boomerang back.


You will need to be a lot more specific about which language and school provisions in the Charter are creating and aiding
the cycle of alcohol and drug addiction and the helplessness culture on the reserves.

Seriously.


If I understand it correctly, education on the reserves is run by the Feds.
Some people think that switching the reserves over to the provincial system will fix the problem.
It won't.

The problem isn't who signs the paycheck for the teachers.

The problem is that the absentee rate for FN kids is three times the White kids,
kids show up drunk and stoned for classes, don't learn, don't care, and the parents do nothing
to intervene, because school is Whitey's problem.