Below are the 13 most recent journal entries recorded in native_news' LiveJournal:

Tuesday, January 2nd, 2007
5:40 pm	News For the week of the 1st of january 2007 First Nations operated social work diploma program launched in Manitoba January 2, 2007 - by Joseph Quesnel An Aboriginal child welfare agency from Manitoba will be launching its own social work diploma program, which will be completely run by First Nations. The move is being initiated by the Dakota Ojibway Child and Family Services. Officials with that organization told CBC that they were so dissatisfied with existing university social work programs that they decided to run their own Aboriginal-operated one. Yellowquill College, a First Nations-run college in Winnipeg, will start the Dakota Ojibway CFS's two-year diploma program this fall. "It's a whole different ball game," said Executive Director Bobbi Pompana, who founded the new training program, in an interview with CBC News. She added that her agency is seeking more Aboriginal social workers to deal with aboriginal families. The decision to operate the Aboriginal program comes after controversies surrounding Aboriginal children in the child welfare system in Manitoba. Recently, the government announced reforms to make the system more friendly to Aboriginal families, a move applauded by groups like the Assembly of Manitoba Chiefs. Pompana said she has tried to convince the University of Manitoba to revise its social work degree program to address the needs of native agencies but officials with the university were not receptive to the change. Urban reserves not supported by general population January 2, 2007 - by Joseph Quesnel Canadians, by a slight majority, oppose the establishment of new urban reserves, such as the one being considered for a remote Northern Ontario community plagued by water and housing issues. The Department of Indian and Northern Affairs made the poll public after an adviser to the federal government made the recommendation to move the reserve community of Kashechewan to Timmins, about 450 kilometres from its present reserve location. About 51 per cent of those surveyed indicated that they believed the reserves would have a negative impact on the surrounding area in which they were located, whilce about 42 per cent were in favour of the idea. Among those opposed, 27 per cent said they are strongly against it while 24 per cent say they are somewhat opposed. Only about eight per cent are strongly in favour of relocating the reserves near urban centres while 34 per cent somewhat favour the idea. The survey of Canadians was conducted in eight cities across the country located near Aboriginal communities. Indian Affairs Minister Jim Prentice has said it will be up to the community and not the federal government whether they accept the move. Part of a report prepared by Alan Pope, a former Ontario provincial politician, was a poll of the reserve, which showed a significant majority of residents believed it was in their best interests to move their community closer to an urban centre. Kashechewan residents have been evacuated three times in the past two years and the government report determined that the community had inadequate housing, water, school and health care services. Leger Marketing conducted the poll for Indian Affairs among respondents from Sydney, N.S., Fredericton, N.B., Quebec City, Sarnia, Ont., Winnipeg, Saskatoon, Calgary and Kamloops, B.C. Book donations urged to promote Aboriginal literacy January 2, 2007 - by Joseph Quesnel The Hon. James K. Bartleman, Lieutenant Governor of Ontario, is appealing to Ontarians to once again bring the magic of books to Aboriginal children by donating new or gently used books during the month of January. Books can be dropped off at any OPP Detachment across Ontario or at the 17 Toronto Police Services Stations across the Greater Toronto Area. The Lieutenant Governor believes in the transformative power of books. "Too many native children in remote fly-in communities do not know how to read. Too many lack self esteem. Too many lack hope. Too many believe that no one cares about them. Too many take their lives in despair. And too many do not have ready access to libraries that we take for granted elsewhere in the province." said Mr. Bartleman. "And without books, the children will never learn to read, will never develop the self-esteem that comes from obtaining an education and will never escape the despair that fuels the suicide epidemic among children and youth that has been raging out of sight and out of mind in the north of our province." Three years ago the people of the province responded magnificently when the Lieutenant Governor launched an appeal to establish libraries in the remote communities. This time his focus is on obtaining new or gently used children's and teenage books to top up these libraries. Any surplus books will be provided to native communities elsewhere in Canada. "I am proud that the OPP is once again opening its detachments as book collection sites and that the Canadian Forces, through the Land Force Central Area, the army in Ontario, have again offered their assistance and will help to deliver books. The addition of Toronto Police Services to this second book drive will ensure that residents of Canada's largest city will have ease of access as to where they can drop off books." Since 2004 Mr. Bartleman has introduced four initiatives to promote aboriginal literacy: The Lieutenant Governor's Book Program; School Twinning Program; Summer Literacy Camps; and, Club Amick, a reading club for children in fly-in First Nation communities. Rumours of Prentice leaving Indian Affairs concerns AFN December 28, 2006 - by Joseph Quesnel A national Aboriginal organization is calling on the federal government to re-consider any moves to replace the current Indian Affairs minister. In a recent media interview, Chief Phil Fontaine of the Assembly of First Nations said that he would he be personally annoyed at having to deal with a fifth Indian Affairs minister in less than four years. "We want some consistency and some continuity and shuffling Minister Prentice out of the ministry would in our view not be a good decision," he said to the Globe and Mail. There are currently rumours circulating that Prime Minister Stephen Harper will be moving Jim Prentice, the current Indian and Northern Affairs minister, to the position of minister of environment. Prentice would be replacing Rona Ambrose, who has been criticizing for her handling of the government's Clean Air Act. Fontaine also went on to state that he believes Prentice is the most qualified to fill the postion with his years of experience working with Indian land claims in private legal practice. Noting the months it takes to become familiar with the Indian Affairs file for incoming ministers, Fointaine said he would prefer Prentice remain as minister because of his grasp of the issues. First Nations Summit hopes for consultation on BC Energy Plan December 28, 2006 - by Joseph Quesnel The First Nations Summit is concerned that the British Columbia government will release their proposed Energy Plan without having conducted meaningful consultation with First Nations. "The Provincial Energy Plan initiative is inconsistent with the New Relationship and the latest Court decisions and we hope the Province is willing to consult and accommodate First Nations rights and title before the plan is finalized", said Dave Porter, a member of the First Nations Summit political executive. "This is a prime opportunity for the province and BC Hydro to work with First Nations to ensure energy projects are in keeping with First Nations values. First Nations would rather work in partnership than in conflict", stated Chief Judith Sayers, also a member of the First Nations Summit political executive. "We need to work with the province to ensure that First Nations have viable opportunities to be involved in the Energy Sector from the early stages of proposed power projects and onwards. First Nations can and should play a significant role by contributing to this industry in positive ways both as potential partners and proponents as well as contributors to large labour force needed", added Chief Sayers. The First Nations Summit is calling upon the provincial government to participate in the upcoming First Nations Energy Summit scheduled for April 2-4, 2007 in Vancouver. The First Nations Summit sees this as a prime opportunity for government of BC to collaborate with First Nations on a government-to-government basis. First Nations remain optimistic that a joint plan can be developed based on discussions with all First Nations communities during the spring Energy Summit. Invitations have been sent to the federal and provincial governments and to all First Nations communities in British Columbia. Diamond mining opponenets look to Leonardo DiCaprio for support December 21, 2006 - by Joseph Quesnel An association of Northern Ontario Aboriginal communities is trying to enlist the help of an American celebrity in its fight against diamond mining in the northern Boreal Forest. The Nishnawbe Aski Nation — a political organization that represents about 45,000 Cree and Ojibwa people in 49 communities — has written to Leonardo DiCaprio, who stars in Blood Diamond, a recently released film about the diamond trade in war-ravaged Sierra Leone. In their letter, the diamond industry in Canada is compared to the African diamond trade, where corruption rans rampant. A spokesperson for De Beers, the diamond mining company that has stakes in the region, commented that the diamond mining operations in the area have undergone extensive environmental assessments. It was also mentioned that the mining is going on in marshy territory and is not taking place in the Boreal forest. According to several media reports, DiCaprio has not responded to the request for assistance. Night deer hunting allowed for BC natives, says Supreme Court of Canada December 21, 2006 - by Joseph Quesnel The Supreme Court of Canada has determined that two Aboriginal men from British Columbia can hunt deer at night. In many provinces, night hunting is illegal. In their dissenting opinions, some justices pointed out that this opens up hunting to unsafe practices. In a 4-3 decision, the court overturned the convictions of Ivan Morris and Carl Olsen, members of the Tsartlip First Nation of Vancouver Island. The two First Nation men were charged in 1996 after they fired at a decoy deer set up by conservation officers to catch people hunting illegally at night with flashlights. Drawing upon historical information, the Supreme Court said a treaty signed in 1852 allows the Tsartlip to hunt using traditional methods and that included hunting at night with light and fire, the judges said. A provincial court convicted Morris and Olsen of violating B.C.'s Wildlife Act, which does not allow hunting at night with lights. A court of appeal upheld the conviction. Government helps Alberta Metis group December 21, 2006 - by Joseph Quesnel Beverley J. Oda, Minister of Canadian Heritage and Status of Women, Jim Prentice, Minister of Indian Affairs and Northern Development, and Laurie Hawn, Member of Parliament (Edmonton Centre), today announced $686,760 in funding for the Metis Nation of Alberta Association. The funds will support more than a dozen projects, including after-school programs in music, history, dance and cooking; workshops on genealogy, cultural history, language, traditional dress, and storytelling; wilderness camps; and cultural youth camps that will help Aboriginal youth improve study habits, social skills, and increased cultural awareness. "We are proud to continue our partnership with the Metis Nation of Alberta Association," said Minister Oda. "The funding announced today will help keep Aboriginal young people in school and develop their cultural awareness. It will also give young Metis the skills to become leaders in their communities." "Canada's New Government is working with young Metis, community leaders, and other Aboriginal community organizations to develop integrated services for young people that will build on existing partnerships on cultural projects," said Minister Prentice. "We take great pride in supporting Metis young people in Alberta as they connect with their history and develop the skills necessary for success in their life aspirations," said Mr. Hawn. The Metis Nation of Alberta's mission is to pursue the advancement of the socio-economic and cultural well-being of the Metis people of Alberta. Through its programs and policies, the Metis Nation of Alberta facilitates the advancement of Metis people through the pursuit of self-reliance, self-determination, and self-management. Canada's Government will provide funding through the Urban Multipurpose Aboriginal Youth Centre component of the Aboriginal Peoples' Program. Funding announced today will help promote community youth projects that focus on life skills, health, community involvement, as well as personal, cultural, and leadership development. This Department of Canadian Heritage program provides Aboriginal young people aged 15 to 24, living in urban settings, with projects and activities that are culturally relevant and based in the Aboriginal community. This program helps Aboriginal young people improve their economic, social, and personal prospects.             (Comment on this)
Tuesday, December 19th, 2006
5:25 pm	News for the week of the 18th, 2006 TORONTO -- A Six Nations protester arrested during the ongoing aboriginal occupation in Caledonia, Ont., is a “political prisoner” who’s being kept behind bars to deter other aboriginals from standing up for their land rights, demonstrators protesting his incarceration said Monday. A group of about 30 protesters demonstrated outside the attorney general’s office in Toronto to demand the release of Trevor Miller. The 31-year-old was jailed in August, accused of assaulting two members of a television crew near the occupation in Caledonia, south of Hamilton. As far as fellow protester Pat Houlley is concerned, Miller is an aboriginal who was standing up for his community. “He was doing what any Mohawk man should do in this circumstance,” said Houlley, who came from Six Nations in New York state to protest Miller’s detention. “When a Mohawk man was called to protect the women and children and the territory, he answered that call.” Miller should never have been charged, Houlley said, because he isn’t subject to Canadian law. Aboriginals have maintained their traditional way of life and have never accepted the country’s law on their land, he said. “We’ve never abandoned our traditional government nor been conquered by any war,” Houlley said. “He is being held as a hostage, a political prisoner.” Mohawk Stuart Myiow said few people are kept in jail for five months on an assault charge. Miller was arrested and isn’t being released because the government wants to deter other aboriginals from sticking up for their land rights, Myiow said. “The government is saying to native people, `You try to stand up for any of your rights and we’re going to criminalize you,”’ he said. “They let rapists out, murderers out, child molesters out on bail. And they’re denying somebody (bail) who was standing up clearly within his right.” The demonstrators had hoped to meet with Attorney General Michael Bryant, but spoke to someone from his office instead. Neither Bryant nor David Ramsay, Ontario’s minister responsible for aboriginal affairs, would comment specifically on Miller’s arrest and detention since his case is before the courts. “I can’t comment about arrests or motivations for arrests,” Ramsay said. “Police are there to do their job.” But Ramsay said he understands aboriginals are frustrated with how land claims are handled. “There is certainly growing frustration across the country with the slow speed it takes governments to settle land claims,” Ramsay said. “That pressure is certainly building up. We certainly saw that pressure erupt in Caledonia this year.” Aboriginal land claims are a federal responsibility so it’s up to Ottawa to improve the system, Ramsay said. This isn’t the first time demonstrators have demanded Miller’s freedom. Protesters have also been picketing outside the jail in Hamilton, Myiow said. During Miller’s last court appearance Dec. 12, supporters carrying feathers and flags demanded his release. Miller has said he isn’t a Canadian citizen and isn’t subject to the law. His next court appearance is scheduled for January. Six Nations protesters have occupied the Caledonia site since February and say they won’t leave until the land is returned to them. The 10-month occupation has been heated, with several clashes between residents and Six Nations protesters. This past weekend, two men protesting the occupation were arrested for breach of the peace after attempting to hang Canadian flags near the disputed land. They were released without being charged. But a local house, where those protesting the occupation gathered, was reportedly trashed. Some protesters said there is graffiti inside the building, with obscene language and “racist go home” scrawled on the walls. © The Canadian Press Southern Ontario man quotes double standard used in his arrest December 18, 2006 - by Joseph Quesnel A southern Ontario man is saying that his recent arrest at a demonstration in Caledonia proves that there is a double standard between Aboriginals and the rest of the public when it comes to the application of the law in Ontario. Gary McHale of Richmond Hill was arrested over the weekend at the site of the ongoing Aboriginal occupation in Caledonia, although he has since been released. McHale and Mark Vandermaas, a man from London, Ontario, were arrested by Ontario Provincial Police when they neared the occupation site, waving Canadian flags. They stated that they should be allowed to wave Canadian flags on the same property that Aboriginals have planted First Nations flags. The government, however, has purchased the land in question. Vandermaas was forced to the ground and the flag was ripped from his hands when he crossed the line onto the disputed Douglas Estates property, according to several media reports. Vandermaas was released soon after, although McHale was kept in jail. Police said the two were arrested on breaking the peace-related charges, although police later admitted they did not have real cause to keep a man in prison over night without charge. The protest was widely condemned by many who said it could provoke violence and jeopardize ongoing negotiations to end the 10-month occupation. David Ramsay, the province’s Aboriginal affairs minister, said that he had tried to deter McHale from proceeding with the demonstration and offered a place at Queen’s Park. McHale has said that he needed to prove his point at the actual site. McHale also held a rally a few months ago that descended into a two-hour standoff with police, after protesters attempted to storm the contested land. Six Nations protesters have occupied the former housing site since February and say they will remain on the land until it is returned to them. PM should issue apology for residential school abuse says BC Chief Justice December 18, 2006 - by Joseph Quesnel In an unprecedented move, a British Columbia Supreme Court justice has called on Prime Minister Stephen Harper to issue an apology for the abuses that took place at Indian residential schools. Chief Justice Donald Brenner made the comment when issuing his decision on Ottawa’s $4 billion residentiasl school compensation package. "Although I am making no order and I am issuing no directions, I would respectfully request counsel for Canada to ask that the Prime Minister give consideration to issuing a full and unequivocal apology on behalf of the people of Canada in the House of Commons," the chief judge said. "Clearly by committing to these settlement negotiations and by entering into the Settlement Agreement and the ongoing process, Canada has recognized its past failures with respect to the Indian Residential Schools. However, based on what I heard during these hearings and in other residential school litigation, I believe that such an apology would be extremely positive and would assist the objective of all parties in achieving the goal of a national reconciliation." Brenner also suggested Ottawa consider making an appropriate statement at the opening of the truth and reconciliation commission that is part of the complex settlement package unveiled a year ago in November. "While this is ultimately for Canada and the Commission to decide, I would suggest that such a statement delivered in the early stages of the Commission's hearings would do much to emphasize both Canada's recognition of the extent of the failure of past policy as well as Canada's desire to achieve a national reconciliation with the Aboriginal People of Canada," he said. Indian Affairs critic stresses need for Caledonia resolution December 15, 2006 - by Joseph Quesnel The minority Conservative government must undertake a concerted effort to resolve the Caledonia land dispute now that an Ontario court ruling has paved the way for negotiations, said Liberal Indian Affairs Critic and Member of Parliament (Winnipeg South Centre) Anita Neville. "For too many months now, the dispute at Caledonia has continued unabated," said Ms. Neville. "All sides on the dispute are calling on the federal government to take a larger role in negotiating a settlement, yet this government seems unwilling to listen to the call for action." Not all parties, however, would agree that the federal government has not taken a role in resolving the standoff. Last month, the federal Indian Affairs minister indicated to Ontario that the federal government would be footing some of the bill associated with policing. The government has also stated they are deeply involved in negotiations with all the parties. Yesterday, the Ontario Court of Appeals overturned a lower court's ruling instructing that negotiations should be suspended until the standoff at Caledonia was resolved. By overturning the ruling the Court of Appeals has cleared the way for negotiations to resume. "The only thing that the different groups involved in the dispute can agree upon, is that the federal government needs to take a bigger role in developing a resolution to the crisis," said Ms. Neville. "That should be a signal to the Prime Minister that his government needs to reignite their efforts, get to the negotiation table, and bring a substantive proposal to the table in an effort to resolve this dispute which has been on going for far too long. The time is now for the federal government to take a leadership role." Residential school survivor package gets legal thumbs up December 15, 2006 - by Joseph Quesnel A settlement package for residential school survivors has received the thumps up from a majority of judges. Earlier this year, nine courts from across Canada reviewed a deal ratified by the federal government, which includes about $1.9 billion in "common experience" monies for those who ever attended an Indian residential school in Canada. Court documents released today indicate that seven of the nine judges have approved the deal. Although this represents a clear majority, all nine judges must approve of the deal before it becomes approved. Two northern judges are still looking over the particulars. The deal applies to about 80,000 Aboriginal survivors of the school system. Aboriginal leaders have already voiced their support for the judges’ agreement. "Today's court ratifications are a victory for the tens of thousands of Residential School system survivors," said National Chief Phil Fontaine. "It means that we are on track for payments to be made out sooner than we expected. The Common Experience Payment (CEP), which benefits all residential school survivors, will likely begin in the summer of 2007." "This early resolution of the certification requirement shows the courtsrealize the importance of getting this deal completed, especially for the elderly and the sick," added the National Chief. "We expect court decisions in NWT and Nunavut will be rendered positively in the coming days." Under the proposed package, claimants receive $10,000 for the first year they attended the schools and $3,000 for each additional year. The deal also includes about $125 million for an Aboriginal healing fund, $60 million for a truth and reconciliation process and $20 million for commemorative projects. About $100 million has also been spent on lawyers. The growing legal tab, however, has not been without criticism, with some victims arguing that lawyers should not benefit from their experiences. Mayor of Caledonia says court decision creates 'double standard' December 15, 2006 - by Joseph Quesnel A recent Ontario court decision allowing negotiations to continue between Six Nations members and the Ontario government, despite an ongoing occupation by Six Nations members, creates a double standard between Aboriginals and other Ontarians, said the mayor of Caledonia. "It's illegal," said Mayor Marie Trainer to the media recently. "It shows two rules of law - you and I couldn't stay there illegally but they apparently can. That's what's irritating for everyone." Trainer has been a vocal critic of the situation in Caledonia, arguing that Aboriginals have largely been able to ignore the law, while non-Aboriginal residents have been arrested. The Ontario Court of Appeal yesterday ruled that a lower court had no authority to prevent the government from negotiating with the First Nations community while the illegal continued on the land in question. Trainer had said she hoped the decision would have upheld the illegality of the continued occupation. Justice David Marshall had summoned parties to the dispute to appear before his court after wondering why his order to remove Aboriginal protesters had been disobeyed. The decision, however, found the issue moot as the Six Nations members involved in the occupation are no longer occupying the land "illegally" because the province bought the land and doesn't object to the occupation, the court found. Marshall decision to disallow Caledonia negotiations overturned by Court of Appeal December 14, 2006 - by Joseph Quesnel The Ontario Court of Appeal has ruled that the Ontario government can negotiate with Six Nations members as they continue their occupation of a former housing development in Caledonia. The decision, which was released today, stated that Ontario Superior Court Justice David Marshall "erred" in his earlier August ruling forbidding negotiations over the land claim dispute until Six Nations members ended their occupation on the land in question. Lawyers for the Ontario government argued against Marshall’s judgment, saying that he had no jurisdiction to prevent negotiations. Marshall’s order created controversy and temporarily stopped negotiations. Both the Ontario government and the federal government supported the appeal. The order was originally requested by the property owners, Henco Industries, who were frustrated by what they saw as a lack of application of the rule of law. Marshall had later ordered the parties to appear before him after he noticed that the Ontario Provincial Police were not applying his earlier court orders to remove the Six Nations protesters from the occupation site.   (Comment on this)
Tuesday, December 12th, 2006
3:21 pm	News for the week of December, 11th, 2006 From First perspective news Lawyers big profit makers from residential school settlement process December 11, 2006 - by Joseph Quesnel Lawyers were paid handsomely for assisting with the negotiation of an Aboriginal residential school settlement, according to documents unveiled recently. Retired Supreme Court Judge Frank Iacobucci was appointed in June of 2005 to negotiate with the government, the Assembly of First Nations and various Christian denomination for a settlement package. The federal government conducted a tour throughout Canada in which they answered questions posed by Aboriginal survivors of the school system about the settlement package. During several stops, however, the government was criticized for allowing lawyers to profit from the settlement. He was reportedly paid more than $2.5 million for his work, which was obtained by the CBC in an access to information request. The same media report indicated that Iacobucci was paid up to $200,000 per month, plus expenses, for his work. The money was for his expertise and the assistance of two junior lawyers in his office.   James Bay Cree community scandalized by criminal investigation December 7, 2006 - Reprinted with permission from "The Nation" An accounting firm’s forensic examination of the Waskaganish band council’s finances has uncovered a theft of almost $300,000. The investigation found the money was taken either by “persons unknown or by Ms. [Shirley] Cheezo herself” from rental payments intended for the Waskaganish housing department that Cheezo once ran. Cheezo, the former housing department administrator, was suspended with pay in May 2005 pending further investigation of the missing money. Her employment has since been terminated. The Nation obtained a copy of the forensic report conducted by the accounting firm of Forsyth, Finucci, LLP, CGAs in St. Catharines, Ontario. The firm investigated the books covering the period from April 1, 2000, until May 31, 2005, and found huge discrepancies between the monies received and the amounts deposited in the housing department’s three bank accounts. The investigation of the main bank account at the Bank of Montreal showed that deposits were made sporadically. During many months, nothing was deposited into the bank accounts. Some months had partial deposits, as in December 2000 when $3,691 was received from various payments but only $2,712.50 was in fact deposited. The missing $978.50 remains unaccounted for. The discrepancies then became even larger. In September 2001, $22,150 was slated for deposit. Less than half that amount, $10,282, actually made it into the Bank of Montreal. A few months later, in January 2002, $16,843 was to be deposited in the housing account instead of the $7,050 actually received. The forensic report also said there may be other missing receipts that the investigation did not uncover, which would mean there is more money gone than the figure of $296,353.79 found to be missing when Cheezo was suspended with pay in May 2005. From summer 2002 until her suspension, Cheezo was employed as the band’s housing administrator. During this time, she had full access to the filing cabinet where the money was stored. "Money was collected in big wads of cash and it would just sit there," said a source close to the investigation who wished to remain anonymous. "The envelopes were many inches thick." After the missing money was noticed, says the report, Cheezo was asked for an explanation. She said she first noticed a problem in September 2004. "According to Ms. Cheezo this was the first time there had been any problem with missing funds," said the report. "Ms. Cheezo did not report the theft either to the police, Council or Waskaganish staff." The report said that other possible explanations for the missing money could include an outside individual stealing the money while the office was open, although it mentioned there were never any signs of breaking and entering. It is unlikely, the report added, that someone could enter the office three times without being seen or reported and walk out with large envelopes of money. In any event, Cheezo never reported any thefts to the police. "The normal reaction of somebody in a trusted position would have been to quickly make a report to whichever authorities she chose; police, council or staff," read the report. "It is the duty of a fiduciary to give the utmost care for monies entrusted to him or her." The band is deciding what its next steps will be after the report concluded that it would be difficult to recover the missing money. They are contemplating legal action, which would probably be long and arduous. Some people at the band council are talking about laying criminal charges, others want to get money back, period. A third option is restorative justice. Or, the community could simply forgive the theft and move on. Protest underway as residents lock themselves in band office December 6, 2006 - by Joseph Quesnel Officers with the Royal Canadian Mounted Police are monitoring a protest at an Aboriginal band office in northeast Manitoba. The protest at Hollow Water First Nation is reported as ongoing. According to one media report, an unknown number of people demonstrated at the administrative office on the reserve on the east side of Lake Winnipeg yesterday. A band member said some residents had locked themselves in the office. It is not clear why the band members are staging the protest. Calls to the band administration were not answered as it is not clear if the offices are under their control at this point. RCMP officers said they visited the community and were expecting a peaceful demonstration. Indian Affairs Minister subjected to jeers and boos December 6, 2006 - by Joseph Quesnel Indian Affairs Minister Jim Prentice had to endure a barrage of jeers and boos as he tried to deliver an address to Aboriginal protesters on Parliament Hill yesterday. The group assembled in Ottawa to protest cuts to Aboriginal programs, particularly to First Nation language preservation. Minister Prentice was the only federal minister who braved the cold and came out to address the protesters. In one media account, Prentice was shouted down with cries of "liar" and "shame" when he tried to inform the crowd that Indian Affairs was not responsible for the $160 million cut to Aboriginal language programs. This money was cut by Canadian Heritage, he said, pointing out that it has been replaced by a a more predictable and permanent $5 million year for seven years. Despite being drowned out by the shouts, Prentice tried to argue that the Conservative government has provided more funds for Aboriginal issues than any previous government. An Insult to Aboriginal People: A Critique of the Mining Information Kit for Aboriginal Communities December 5, 2006 - Press release by MiningWatch Canada Industry Associations (the Prospectors and Developers Association of Canada, the Mining Association of Canada, and the Canadian Aboriginal Minerals Association) and Natural Resources Canada have developed and published an “Mining Information Kit for Aboriginal Communities” which they have been heavily promoting since its release in September 2006. We have been asked by a number of Aboriginal organizations and environmental groups to provide a critique of the Toolkit. Although it provides a primer on activities at the stages of mine exploration, development, operation and closure, it: glosses over the serious environmental, social and cultural impacts of mining on Aboriginal governments and communities; omits any discussion of the relationship of mineral staking and exploration to questions of Aboriginal Rights and Title. provides no resources, links or bibliography for Aboriginal people and organizations It is an insult to Aboriginal people who are struggling to deal with mining impacts and issues in their territories. Some examples: Claim Staking and Aboriginal Rights and Title. The point at which a third party interest is created on Aboriginal traditional territory is the moment when the mineral claim is staked. In British Columbia, this can be done by anyone on the internet. In most other jurisdictions, prospectors still have to go out and plant claim stakes and register the claim. Section 35 of the Constitution as interpreted in the Delgamuukw, Haida-Taku, Mikisew, and Musqueam cases, requires consultation and accommodation of Aboriginal landholders by the Crown before such an interest is created. In Ontario, Kitchenuhmaykoosib Inninuwug has taken the Crown to court, arguing that the Ontario Mining Act is unconstitutional. For any First Nation faced with a mining claim on its territory, knowing about this dispute is crucial to an assertion of rights and title. Staking is not even mentioned in the toolkit. Exploration – Environmental Impacts. This section reads like a promotion for the Prospectors and Developers Association, making assertions like “[prospectors] understand that they have to respect the rights of others, to operate safely, and to take care not to harm the wildlife, land or water.” Many First Nations have been faced with fuel spills, damage to fish spawning areas, cut-lines and roads through the forest, unreclaimed trenches and drill sites, and garbage left behind that attracts wolverines and bears. The Toolkit says that these impacts can be mitigated, but says nothing about what communities can do if they are not. Surely, communities dealing with mining exploration need to advice on how to handle “bad actors”, not just reassurance that there are none. Exploration – Social Impacts. This section indicates that there may be problems with “strangers in the community” who may “worsen existing social problems” and advises the community to “offer cultural awareness training”. If the strangers are racist or drug dealers or violent – a situation faced by many communities facing an exploration rush – this is no solution at all. Exploration – the Talisman Consulting Experience. The example given is a model of an Aboriginal-owned consulting firm; it is not typical of the junior companies that most First Nations have to deal with. The Talisman example belongs in a PDAC publication directed at exploration companies, not in a Toolkit that is supposed to help Aboriginal communities deal with mining in a realistic way. Mine Development – Feasibility Studies. The Toolkit fails to mention that almost all mine feasibility studies are considered to be proprietary by the companies and are not available to the Aboriginal communities that will have to live with the impacts. Mine Development – Environmental Assessment and Permitting. Almost nothing is said about how Aboriginal governments can use environmental assessment and permitting processes to challenge and/or improve a mine plan, nor are there links or resources provided to places where this had been done. The impression is given that all impacts can and will be mitigated. There is no reference to the Provincial role in environmental assessment. If any community is seriously engaged in a mine development, they need to hear all sides; only one is given in the toolkit. Mine Development – Economic Opportunities. There is nothing in the Toolkit about the difficulties in negotiating Impact Benefit Agreements, nor is there reference to resources such as “Dealing Full Force” (a study by the North South Institute) that would help communities do this more effectively. The Musselwhite example says nothing about problems the community has been facing in regard to the revenue they agreed to accept, adequate resources for environmental monitoring, and failure of the jobs strategy. The only links are to the company sites. Mine Operation – Environmental Impacts. Once again, the Toolkit ssumes that all impacts can be mitigated and addressed, but offers no help when this does not work. It also says nothing about all the places where it has dismally failed. Mine Operation – Employment Opportunities. The Toolkit says nothing about the challenges to Aboriginal employment in the industry and presents a very rosy picture. There is no reference or help offered for situations where companies set Grade 12 as an employment minimum, or where racism in the mining camp undermines Aboriginal interest in the jobs, or where the social costs of fly-in/fly-out operations start to rip the home community apart. It also oversimplifies the difficulties in trying to establish businesses that can contract with the mine. Mine Operation – the Diavik Example. The process of negotiation between the five First Nations involved and the company was extremely difficult, time-consuming and complicated, and continues to be. There is nothing in the Toolkit that would help other communities find resources to undertake this effectively. The First Nations were also in a much better position financially and politically to negotiate than some of the older treaty areas of Canada, though still at a disadvantage. However, there is no reference to any of this in the example. The only contact for more information is the company. Mine Closure. This section repeats comments like “Mining is a temporary use of the land” and “Areas affected by mining activity should become viable and self-sustaining ecosystems that are compatible with a healthy environment and with human activities.” It does nothing to tell communities how to deal with closure plans that don’t work, reclamation bonds that are inadequate, or remediation activities that do not address long-term problems. For any community or Aboriginal government faced with the reality of the closure of a large, acid-generating mine, or with a tailings spill, there is no recognition, no advice and no resources. Mine Closure – Polaris Example. This is a positive example, but to use an example from Nunavut, where the Inuit control the government and have power to enforce their needs, is not appropriate for most Aboriginal governments and communities in Canada, who have to fight for every inch of power they get. Pushing and shoving erupts again in Caledonia December 5, 2006 - by Joseph Quesnel Police officers have attempted to prevent renewed conflict between Six Nations and Caledonia residents, although it is not sure whether it will stand. In another round of push and shove between the two parties involved in the dispute, Ontario Provincial Police officers stepped in on the weekend to stop Canadian flags from being flown near the Douglas Creek Estates. The property was the site of a proposed housing subdivision before Six Nations intervened in February. The group has been occupying the site ever since. About 30 local residents tried to mount the flags and big yellow ribbons just outside the disputed lands on Saturday morning, after starting the campaign in the north end of town. The flags were placed in protest over the continuing occupation of the property. Six Nations believe they never surrendered the land, while the federal government contends the First Nations gave it up in the 1840s. The group was informed by OPP they would not be allowed to hang flags so close to the estate site, as it could jeopardize their safety and fragile peace in the area. UN delays Declaration on the Rights of Indigenous Peoples November 29, 2006 - by Joseph Quesnel A procedural motion passed on Tuesday at the United Nations could indefinitely delay consideration of the UN Declaration on the Rights of Indigenous Peoples, said Aboriginal leaders recently. The motion, passed in the United Nations third committee, has already been condemned by the Assembly of First Nations, which has sent delegates to New York to ensure the declaration’s smooth passage. "First Nations are deeply disappointed and seriously concerned about the potential impact of today’s vote at the United Nations affecting the UN Declaration on the Rights of Indigenous Peoples," said National Chief Phil Fontaine, in a news release yesterday. Already, these same groups are criticizing what they see as behind-the-scenes deal making over the declaration by those states opposed to to its ratification, including Canada. "This non-action was engineered through the political maneuvering of the African Union, aided by Canada, the US, Australia and New Zealand. Canada should be called upon to account for its role in this action, particularly as a member of the Human Rights Council," said Grand Chief Ed John, an AFN representative who is in New York supporting the agreement. At a press conference last week, officials with the Manitoba-based Southern Chiefs’ Organization alleged that Canadian representatives were enticing African delegates to support the delaying tactic with offers of "expedited contracts." Phil Fontaine added that he felt it was a double standard for the Canadian government to be supporting a recent motion recognizing the Quebecois as a nation, while working to ensure other countries support their opposition to this declaration which recognizes Aboriginal rights to national self-determination.   >KFAI's Indian Uprising for December 3rd > >LIVING IN THE AFTERMATH OF TWO KILLER STORMS by Brenda Norrell for Indian >Country Today, October 02, 2006.  American Indian tribes in the United >States donated millions of dollars to the American Red Cross earmarked for >Indian victims of hurricanes Katrina and Rita in 2005.  However, none of >those funds ever reached the Isle de Jean Charles Band of the >Biloxi-Chitimacha Confederation of Muskogees on the Louisiana Gulf Coast, >south of Houma. > >The Biloxi-Chitimacha were among those forgotten in the aftermaths of the >devastating Gulf Coast hurricanes of 2005. One year later, Chief Albert >Naquin shared the details of the unfulfilled promises to the tribe, which >received state recognition in 2004.  The American Red Cross provided >nothing >after hurricanes Katrina and Rita. The Federal Emergency Management Agency >was also a no-show. >http://www.Indiancountry.com/content.cfm?id=1096413755 > >Hurricane donations to:  Louisiana Coastal Tribes Coalition, Inc. >(nonprofit), P.O. Box 461, Bourg, LA 70343, (225) 485-8765, www.lctci.com. >Chair: Randy Verdun, chairman@lctci.com.  Coalition members are the Bayou >Lafourche Band of Biloxi-Chitimachas, Grand Caillou/Dulac Band of >Biloxi-Chitimachas, Isle de Jean Charles Band of Biloxi-Chitimachas and the >Point au Chien Indian Tribe. > >MORE THAN 1,000 HOUMA STILL UNACCOUNTED FOR by Brenda Norrell for Indian >Country Today, October 02, 2006.  In August of 2005, Hurricane Katrina's >wind and resulting floods devastated Houma homes in six Louisiana parishes >on the Gulf Coast, leaving thousands of tribal members homeless and >scattered. Now, more than a year later, Houma are still searching for >tribal >members. > >''We still have more than 1,000 Houma unaccounted for. We assume they are >safe, but they have been displaced,'' United Houma Nation Chief Brenda >Dardar Robichaux told Indian Country Today.  After Hurricane Katrina, Houma >tribal members tried to reach the Red Cross for help, but could not get >through on the telephone or the long lines at Red Cross sites. The Federal >Emergency Management Agency provided no help to the largest >state-recognized >Indian tribe in Louisiana. >http://www.Indiancountry.com/content.cfm?id=1096413759.  Note:  Of the >16,000 members of the United Houma Nation in Louisiana, 4,000 were affected >by Hurricane Katrina and another 4,000 by Hurricane Rita. > >Hurricane donations to: United Houma Nation (non-profit), 20986 Highway 1, >Golden Meadow, LA 70357, 985-851-5408, Chair: Brenda Dardar Robichaux, >bdr@unitedhoumanation.org. > >GREENHOUS GASES: WHO'S IN CHARGE? by Michael Doyle, McClatchy News Service, >November 28, 2006, published in the Star Tribune.  The Supreme Court's >hottest environmental case of the year pits California against Texas.  It's >also Washington state vs. Idaho, scientists vs. car dealers and, it may >seem, the world against the White House, as the justices today consider a >crucial question in the effort to combat global warming. > >The question is this: Can the federal government regulate the so-called >greenhouse gases many experts blame for rising global temperatures? The >Bush >administration says no. California, Massachusetts, Washington, 15 other >states and their allies insist otherwise. The final answer is now up to the >court's nine justices.  http://www.startribune.com/484/story/840961.html. >See attached. > >* * * * > >Indian Uprising a one-half hour Public & Cultural Affairs program is for >and >by Indigenous people broadcast each Sunday at 4:00 p.m. over KFAI 90.3 FM >Minneapolis and 106.7 FM St. Paul.  Producer and host is volunteer Chris >Spotted Eagle.  KFAI Fresh Air Radio, www.kfai.org, is located at 1808 >Riverside Avenue, Minneapolis MN 55454, 612-341-3144. (Comment on this)
Tuesday, December 5th, 2006
5:23 pm	News for the week of the 4th, December, 2006 On Alcatraz, American Indians and Palestinians Offer Thanks by Brenda Norrell ALCATRAZ ISLAND, Calif. Thursday, before the first light of dawn, Indigenous Peoples from the Americas, in solidarity with Palestinians, African Americans and others struggling against oppression, climbed the hill once again to offer prayers at sunrise on Alcatraz Island. With the first streaks of dawn, the Dry Creek Pomo Traditional Dancers greeted the day, as about 3,000 people gathered to remember those who have passed on in the struggle for Indigenous rights and called for solidarity in resistance against colonialism and injustice. "The strongest prayers are given to the morning star at this time of day", said Bill Means, co-founder of the International Indian Treaty Council. IITC and American Indian Contemporary Arts hosted the 32nd annual Alcatraz island Sunrise Gathering. Means asked for prayers for the United Nations Declaration on the Rights of Indigenous Peoples, which is now being considered by the United Nations. Pointing out that the Declaration is the result of 22 years of efforts, Means said there are 400 million Indigenous Peoples around the world and 100 million live in this hemisphere. "It is now before the United Nations. This is the minimal standard for human rights", Means said. "Some of the purest resources and water are on our land." Means began by remembering the nineteen Moqui Hopi who were taken from their homes on the mesas of Arizona and imprisoned at Alcatraz in 1895 for refusing to send their children to government boarding schools. "We thank each and every one of you for helping turn a prison into a sacred site", he told those gathered. Stressing the importance of human rights for the original peoples living along the world's borders, Means pointed out that Indigenous Peoples and Palestinians both live with imposed borders. Means introduced the Palestinian performers, Al-Juthoor (The Roots) Arabic Folkloric Dancers. "We are here to show solidarity with our Indigenous Peoples", said Wael, Palestinian member of the group. Munyiga Lumumba of the All-African Peoples Revolutionary Party attracted high praise from the crowd when he said, "We are fighting against the common devil - George Bush." Lumumba thanked Venezuelan President Hugo Chavez for his recent words. "He said it so elegantly, 'Bush is the Devil!" "Bush is not our president," Lumumba told the crowd. Welcoming Chavez to return, Lumumba said New York does not belong to George Bush; New York belongs to the Iroquois and other Indigenous Peoples. Lumumba said Chavez, too, has Indigenous blood, while Bush represents the colonialism of the system oppressing the people for the past 500 years. People around the world are now marching in solidarity with Indian people, he said. Praising the inspiration of the virtue of patience shown by Indian people, Lumumba said, "Patience is a virtue of a revolution. "We want to express our gratitude for all Indigenous Peoples." Means, remembering those who have given their lives in the struggle for Indian rights, said, "This struggle does not come without a cost." Among the speakers was one from Ireland who called for justice for Leonard Peltier. Another urged prayer and support for the ongoing struggle for human rights in Oaxaca, Mexico. In Spanish and English, the song, "Walking Toward the Sun", was offered for the resistance movement in Oaxaca, Chiapas and throughout the Americas. The Traditional Azteca Danzantes offered a powerful dance tribute. Means remembered Richard Oakes, leader of the occupation of Alcatraz in November of 1969; Ingrid Washinawatok, IITC member killed in Colombia and Mickey Gimmell, of the Pit River and Wintu Nations and IITC board member, and a long list of others, beginning with Mad Bear Anderson, who spent their lives in service and sacrifice. Jimbo Simmons, Choctaw, member of the staff of the International Indian Treaty Council in San Francisco, said the sunrise prayer service on Alcatraz Island was revived in 1974, after the Lakota stand at Wounded Knee, S.D., and is now held annually. Simmons said the National Park Service on Alcatraz Island has recognized the stand taken here by Indians of All Tribes and the outcome. On the National Park Service website, there is a tribute to "We hold the Rock." "The success or failure of the occupation should not be judged by whether the demands of the occupiers were realized. The underlying goals of the Indians on Alcatraz were to awaken the American public to the reality of the plight of the first Americans and to assert the need for Indian self-determination. As a result of the occupation, either directly or indirectly, the official government policy of termination of Indian tribes was ended and a policy of Indian self-determination became the official U.S. government policy. "During the period the occupiers were on Alcatraz Island, President Nixon returned Blue Lake and 48,000 acres of land to the Taos Indians. Occupied lands near Davis, California, would become home to a Native American university. The occupation of Bureau of Indian Affairs offices in Washington, D.C. would lead to the hiring of Native American's to work in the federal agency that had such a great effect on their lives. "Alcatraz may have been lost, but the occupation gave birth to a political movement which continues to today." On this day, while Americans were celebrating Thanksgiving, American Indians and those in solidarity with them, rose at 2 or 3 a.m., and crossed the bay on ferryboats beginning at 4:30 a.m. The thousands who came received the gift of blessings and the beauty of the sunrise, joined by a chorus of seagulls. Following the ceremony, the Oakland Intertribal Indian Center served turkey and all the trimmings. The International Indian Treaty Council said Alcatraz, "The ROCK," is a symbol of resistance and self-determination for Indigenous Peoples of North America since the take-over of Alcatraz Island in November 1969 by Indian youths and students, led by San Francisco State University activist Richard Oakes. Mickey Gemmill, John White Fox, Lenny Foster and many others were with Oakes. "Alcatraz continues to call us back for spiritual and revolutionary inspiration and to pray for unity and strength among Native American communities, our friends and supporters", IITC said. "This year is a special commemoration and tribute to our good friend, brother in struggle, land and fishing rights leader, member of Pitt River and Wintu Nations of Northern California, IITC Board of Directors member and former Tribal Chairman Mickey Gimmell. "He will be missed but not forgotten. A more recent passing is that of John White Fox, a student, activist, photographer, and veteran of Wounded Knee, Alcatraz and the Longest Walk. His spirit and courage will be long remembered." The International Indian Treaty Council said this day, the last Thursday in November, was a day to remember truth, but not pitiful alien pilgrims. "The 2006 gathering at Alcatraz Island brings us all back to what America talks about during this time each year when immigrant, undocumented, pitiful, illegal alien pilgrims and Indians sat down together in peace to praise another season of Thanksgiving. Nothing can be further from the truth." Brenda Norrell U.N. OBSERVER & International Report Please also see: Thanksgiving Day 2006 http://www.unobserver.com/index.php?pagina=layout5.php&id=2851&blz=1 International Indian Treaty Council and American Indian Contemporary Arts Presents the 32nd Annual Alcatraz Island Sunrise Gathering "American Indian Thanksgiving Day" November 23rd, 2006 http://www.unobserver.com/index.php?pagina=layout5.php&id=2850&blz=1 International Indian Treaty Council (IITC) http://www.treatycouncil.org American Indian Movement http://www.aimovement.org http://www.unobserver.com FW: Nevada Test Site being considered for new consolidated plutonium center FYI. Once again.on Western Shoshone lands. Today: November 26, 2006 at 7:41:38 PST Feds plan redo of weapon sites Nevada Test Site being considered for new consolidated plutonium center By Launce Rake Las Vegas Sun The federal government will head to Las Vegas this week to discuss its proposed top-to-bottom makeover of the nation's nuclear weapons system, an archipelago of research and production sites across two-thirds of the country. One of the proposed changes could result in plutonium being manufactured at Nevada Test Site, 65 miles northwest of Las Vegas. The Test Site is one of the eight sites in the national research and production system. The 1,400-square-mile Test Site has been home to 40 years of above- and below-ground nuclear explosions and other nuclear weapons research. The Energy Department's National Nuclear Security Administration wants to modernize and ensure the reliability of the nation's stockpile of nuclear weapons, consolidate operations and reduce the number of warheads in the national stockpile. The proposal, which could cost billions of dollars, is intended to result in a safer and more reliable system that is cheaper to run. One element of the proposal calls for a new manufacturing site for plutonium, the explosive metal at the heart of nuclear weapons. Nevada Test Site is one of five sites considered for the new consolidated plutonium center. The department closed its former manufacturing site, the Rocky Flats Plant outside Denver, in 1989. Among the benefits of using the Test Site is its relative isolation and existing security systems. Opposition is coming from former leaders of some of the affected sites and from public-policy advocacy groups. The Union of Concerned Scientists is urging people to raise concerns about the proposed changes to the nuclear weapons infrastructure at a government meeting on the environmental issues Tuesday at Cashman Center, 850 Las Vegas Blvd. North. Sessions are planned from 11 a.m. to 3 p.m. and from 6 p.m. to 10 p.m. Robert Nelson, a senior scientist with the group, said the nuclear weapons in the stockpile of about 10,000 warheads are already reliable, negating the need for much of the proposed effort. "The core nuclear warhead components the Energy Department wants to redesign and replace are already determined by the nuclear weapons labs themselves to be essentially 100 percent reliable," Nelson said. "The misplaced obsession with warhead reliability and the rationale for continuing to maintain thousands of nuclear weapons on high alert are part of an outdated U.S. nuclear weapons policy." In a statement released Friday, the group, which has opposed other weapons-related proposals from the Bush administration, quoted former administrators criticizing the proposed changes. "What is the urgency for spending large amounts of money for a new production complex without evidence of degradation in the nuclear explosive package?" said Bob Peurifoy, former vice president and director of weapons development at Sandia National Laboratories in New Mexico. John Duncan, retired Sandia senior manager, echoed the concerns. "My knowledge of science and over 40 years of experience tells me you can't do what the DOE says it is going to do," Duncan said. "The old DOE realized that quality, speed of manufacturing and cost were trade-offs. You can do two but the third will be sacrificed. The new DOE thinks better, faster, cheaper is possible. The labs know better, but no one has the courage to speak up." Thomas D'Agostino, deputy administrator for defense programs for the National Nuclear Security Administration, said in April that the Test Site and its seven sister sites "routinely conduct operations with substantial quantities of plutonium, or highly enriched uranium, or both | As such these are some of the most sensitive facilities in the United States." The other candidate sites are outside Amarillo, Texas; Los Alamos, N.M; Oak Ridge, Tenn.; and Aiken, S.C. http://www.lasvegassun.com/sunbin/stories/lv-other/2006/nov/26/566667976.html General Assembly 61st session United Nations, New York 12 November 2006 U.N. Declaration on the Rights of Indigenous Peoples Human Rights Response: Why a proposal to delay adoption should not be supported 1. Declaration based on core international principles and values. The Declaration is based on core international principles and values that embrace tolerance, peace and respect for the dignity of all cultures and peoples. In particular, the Declaration is described as a "standard of achievement to be pursued in a spirit of partnership and mutual respect". 2. Human rights of all must be respected. Human rights are generally relative in nature and not absolute. Consistent with the U.N. Charter, the Declaration specifically requires that the "human rights and freedoms of all shall be respected". 3. Provisions must be read in overall context. Each provision of the Declaration cannot be read in isolation, but rather interpreted in the context of the instrument as a whole. To do otherwise, would lead to extremist and absolute interpretations that could not be justified under the Declaration or international human rights law as a whole. Regretfully, the CANZUS group - Canada, Australia, New Zealand and United States - continues to interpret the Declaration in this fragmented and erroneous manner. 4. No new rights created. The Declaration does not create new rights. It elaborates upon existing international human rights standards as they apply to Indigenous peoples. 5. Rule of law and other core international principles always considered. Every provision of the Declaration must be "interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith." This allows for both flexibility and balance. The reference to "good governance" ensures that the rule of law within States is fully considered in every instance without exception. As an aspirational instrument, the Declaration does not upend the rule of law domestically or internationally. 6. Broader agreement not possible. As the Chair of the intersessional Working Group on the Declaration has concluded, along with many States, additional time will not lead to any broader agreement. This is in large part because of the obstructionist role repeatedly played by United States, Australia and New Zealand during the Working Group. 7. Re-opening negotiations likely to kill the Declaration. Re-opening negotiations on the Declaration is certain to create serious new divisions and prevent its adoption by the General Assembly. Such an extreme step would be unconscionable. 8. Harmonious and cooperative relations encouraged. The Declaration explicitly encourages "harmonious and cooperative relations" between States and Indigenous peoples. Nine preambular paragraphs and 15 operative articles specify consultations, cooperation or partnership between Indigenous peoples and States. 9. Over 20 years of discussion. There have already been more than 20 years of discussions on the Declaration among States and Indigenous peoples in U.N. Working groups. This makes the Declaration one of the most discussed and studied declarations in U.N. history. All revisions by the Chair were based on prior discussions. 10. Any "procedural" resolution for delay would be highly detrimental. It is shocking and disturbing that there could be an amendment or resolution to re-open negotiations on the Declaration. Such a proposal is not procedural since it could destroy the Declaration. 11. Misleading strategy already attempted at Human Rights Council. Last June, Canada tried and failed with a similar strategy at the first meeting of the Council. In its Statement on June 27, 2006, Canada quoted its Minister of Indian Affairs as saying issues could be resolved by all parties "in a few more months". This claim was knowingly false and misleading. Just the day before, Canada's Prime Minister Stephen Harper indicated in writing the need for a "two-year negotiation mandate". 12. CANZUS group of States politicizing rights in the Declaration. Based on their own domestic agendas, a few Western States are actively encouraging other States to delay the adoption of the Declaration under the guise of seeking "improvements". In so doing, the CANZUS group is continuing to politicize Indigenous peoples' human rights. Such actions severely undermine the Council and current U.N. reforms. 13. For the past 8 months CANZUS group has avoided all consultations with Indigenous peoples. The CANZUS group already had the past eight months to consult with Indigenous peoples within their own respective countries on any State concerns with the Declaration. Yet none of these States engaged in any consultations with Indigenous peoples. None of these States genuinely seek to "improve" the Declaration. 14. Canada violating its constitutional and international obligations. Despite its constitutional obligations to consult Indigenous peoples, Canada has opted to vigorously and unilaterally oppose the Declaration through procedural and other strategies during the past eight months. As a Human Rights Council member, Canada is failing to "uphold the highest standards in the promotion and protection of human rights . [and] fully cooperate with the Council", as required by the General Assembly. 15. Essential for survival, dignity and well-being of Indigenous peoples. The Declaration promotes equality and non-discrimination for all. The Declaration is essential for the survival, dignity and well-being of the Indigenous peoples of the world. 16. Strengthens international human rights system. Adoption of the Declaration by the General Assembly supports the vital work of the Human Rights Council and strengthens the international human rights system as a whole. Issued by the Indigenous Peoples' Caucus - November 12, 2006 FW: URGENT / Update on the "Declaration on the Rights of Indigenous Peoples" and its adoption (?) Original Message----- From: Chris Peters [mailto:cp7gen@pacbell.net] Sent: Subject: Declaration Update Please find below the communique issued Monday by the Indigenous Peoples' Caucus.. This document should be widely distributed. Following the communiqu� is a letter sent to each of the States' Missions to the United Nations, providing reasons why a delay to the adoption of the Declaration would be against the interests of the human rights standard. I attach the document that was transmitted, for your information and wider dissemination. I have also set out the document below in case the attached file does not open. This communique has been prepared following a clear attempt by some States to mislead their intentions to prevent the adoption of the Declaration, by suggesting that a 'consensus' will be achieved through delaying adoption. While Indigenous Peoples' delegations had made it clear during previous meetings that no changes to text was to occur, that no alteration in the meaning or application of the declaration was allowed, and that immediate adoption was a requisite, we took the view, at a meeting of representatives of all regional caucuses of the Indigenous Peoples, that a re-issue of our position in a clear statement was needed. The following communique was issued. ---- INDIGENOUS PEOPLES' CAUCUS UNITED NATIONS General Assembly 61st Session NEW YORK 13 November 2006 COMMUNIQUE The Indigenous Peoples' Caucus held an emergency meeting this morning due to a report that a few States will take procedural actions to derail the adoption of the Declaration on the Rights of Indigenous Peoples. This report is evidenced by the Government of Botswana's statement delivered to the Third Committee on 10 November, which contained a highly inaccurate and prejudicial interpretation of the Declaration provisions. Upon review of this written statement, we note that Botswana has adopted the words and views of the governments of Canada, Australia, New Zealand, and the United States. Their intent appears to threaten the adoption of the Declaration. In contrast, the Indigenous Peoples' Caucus acknowledges the overwhelming state support for the Declaration. Though these many allies and co-sponsors of the Peruvian resolution recommending UNGA adoption of the Declaration (A/C.3/61/L.18) have made repeated, unsuccessful efforts for dialogue with all States, Botswana seems entrenched to do major violence to the text of the Declaration or to defeat its adoption by UNGA. In response to this development, we issue this statement. The Indigenous Peoples' Caucus hereby affirms their global and unanimous support for the Declaration on the Rights of Indigenous Peoples as adopted by the UN Human Rights Council on June 29, 2006. The Indigenous Peoples' Caucus hereby repeats its request that the UN General Assembly immediately adopt the Declaration on the Rights of Indigenous Peoples, which constitutes the minimum standards for the survival, well-being and dignity of Indigenous Peoples worldwide. Such action should take place before the end of 2006. The Indigenous Peoples' Caucus does not support any proposal for extensions of time, establishment of committees, working groups or any other forum for consideration of the illegitimate "concerns" of the governments of Botswana, Canada, Australia, New Zealand and the United States, under any conditions. The Indigenous Peoples' Caucus hereby demands that the proponents (Botswana, Canada, Australia, New Zealand and the United States) of any such proposals cease their self-serving politicization of the United Nations as well as their abuse of the rules of procedures and persistence of double standards in the context of the human rights of Indigenous Peoples. The Indigenous Peoples' Caucus supports the United Nations objective to usher in a new era for human rights within the UN system, to strengthen human rights as one of the pillars of global order, and the Human Rights Council's role to establish a non-political approach to human rights for all peoples and individuals. In light of the appalling human rights records of Botswana, Canada, Australia, New Zealand and the United States in the context of Indigenous Peoples, it is unconscionable that they have chosen to reject one of the first HRC recommendations for the approval of a UN human rights instrument specifically addressing the unique status and rights of Indigenous Peoples. The world community must acknowledge that Indigenous Peoples worldwide have expended over 21 years and immeasurable resources to engage in good faith, transparent, intellectually honest debate and negotiation with States in order to achieve consensus on the Declaration provisions. The result has been a fair and balanced text, which takes into account the concerns of States as well as the rights of others and is consistent with international law, including the Charter of the United Nations. This current State opposition to one of the first recommendations of the new Human Rights Council is immoral and without legitimate or substantive cause. If successful, such action will seriously undermine and potentially deem irrelevant the whole of the UN human rights regime for not only Indigenous Peoples but for all humanity. Finally, the Indigenous Peoples' Caucus notes the irony of State consensus and support for a legally binding Convention [for the Protection of All Persons from Enforced Disappearance] while at the same time in the context of the world's most vulnerable, poverty stricken, human rights victims, that Botswana, Canada, Australia, New Zealand and the United States cannot support a non-binding, aspirational Declaration on the Rights of Indigenous Peoples. ---- Uranium summit to begin Thursday By Kathy Helms Diné Bureau -- Gallup Independent, 11/29/06 [N.M.] WINDOW ROCK - Representatives from Native communities in 14 countries will unite this week in the Navajo Nation's capital to map strategy and organize resistance to new uranium mining. The Indigenous World Uranium Summit begins at 8 a.m. Thursday with opening ceremonies at the Navajo Nation Museum and a traditional blessing by Dr. David Begay, Navajo educator and medicine man. Hazel James of Dineh Bidziil Coalition, principal organizer of the summit, will follow with announcements and the introduction of Navajo Nation President Joe Shirley Jr., who will deliver the welcoming address. Past uranium mining has had disastrous consequences on the people, land and the environment, according to Robert Tohe of Sierra Club. "This gathering will have an international focus with delegates from communities worldwide affected by the nuclear fuel cycle," he said. Those delegates arriving for the summit will be given a tour of former uranium mine sites near Church Rock, including the United Nuclear Corp. abandoned uranium mill and tailings disposal facility, now a Superfund site. The summit continue through Saturday, winding up with a special concert at 7 p.m. Tohe said goals of the summit include: a.. Organize resistance to current and new uranium mining in Native communities; b.. Support enforcement of the Din Natural Resources Protection Act of 2005; c.. Stop nuclear waste dumping on Native lands; d.. Develop national and international collaborations on the nuclear fuel cycle; e.. Promote sustainable development and renewable energy for Native peoples. President Shirley said, "Every day, the Navajo Nation loses more of ourelders and medicine people who were uranium workers to cancers, respiratory illnesses and other diseases resulting from radiation and uranium exposure. "With them, our Nation loses their knowledge, wisdom, songs, stories and ceremonies needed to keep our culture strong. "Every day, radiation exposure compensation is denied to the survivors of these brave men and women and to the victims and families of above-ground nuclear blasts. "Every day, our scientists work with community members to investigate the effects of uranium mining on our lands, waters and the health of the Navajo people. "Still, we have few answers about the causes of the mysterious illnesses that were not seen before uranium mining began in the 1940s," Shirley said. During the conference, Phil Harrison of the Navajo Uranium Radiation Victims Committee, and Southwest Research and Information Center will be given special recognition for their tireless struggles to bring recognition to the Navajo people and their sufferings related to the uranium legacy. In a recent meeting at Sky City, SRIC's Chris Shuey told those attending the Southwest Uranium Caucus of the Western Mining Action Network that it is tough to go around Navajo and find anything "sustainable" from the Cold War-era uranium mining. "What is sustainable are the waste sites, the health problems, the economic dislocation. Half of my work is spent dealing with environmental and health assessments for people affected by the old mining." Shuey said the former mine operators "have used every method they can think of to extract themselves from their moral, legal and ethical obligations." "It makes absolutely no sense to start a new boom with the same empty promises that were made in the 1950s, '60s and '70s here now with what we know and we know much more than we knew then," Shuey said. Sara Keeney, Western Mining Action Network coordinator, said the organization is made up of community activists, indigenous people and other parties interested in mining issues in the United States and Canada. Keeney said the group was contacted this year by individuals in the region who asked them to bring together people in the Southwest to talk about existing and persisting mining issues, as well as the "so-called new uranium boom." Bob Shimek, mining project coordinator for the Indigenous Environmental Network, located in Benidji, Minn., works with tribes and indigenous communities from Mexico to Alaska "and just about every point in between." When communities have questions related to a mining project such as whether it might be a good thing, "we then step into the picture and help them sort out the issues related to whatever the project proposal is, whether its cleaning up abandoned mines of which there are thousands throughout the whole West all the way to new mining proposals." Tribes and community groups have concerns about where new mining projects are going, Shimek said, but their biggest concern is, "At the end of the day, what are we left with?" "We know that answer, but many times our voice isn't heard. The industry comes in, does its thing for 15 or 20 years, and then they're out and we're left with the contamination," Shimek said. "We're left with the death, the destruction, all these different things. We can't let that be forgotten as we look at the challenges of the new uranium boom going on here in the Southwest." For more information on the Indigenous World Uranium Summit, contact Robert Tohe, (928) 606-9420, or visit http://www.sric.org/uraniumsummit/index.html Canadian Press Published: Tuesday, December 05, 2006 Article tools From The Candian Press OTTAWA (CP) - Indian Affairs Minister Jim Prentice was booed and jeered Tuesday as he tried to speak to about 400 native protesters on Parliament Hill. Over shouts of "Liar!" and "Shame!" he tried to explain that his department was not responsible for cutting $160 million meant to preserve native languages. That cash was recently eliminated by Canadian Heritage and replaced with $5 million a year for seven years. But Prentice, the only federal minister to brave the placard-waving crowd as it huddled in a -5-degree breeze, bore the full brunt of its frustration. He was almost drowned out by catcalls. The Conservatives, he said, have committed more funds to aboriginal issues than any other previous government. He defended his government's actions as a growing number of native leaders have openly doubted his true intentions. Phil Fontaine, national chief of the Assembly of First Nations, said the Tory government has left a growing trail of broken promises, including gutting the $5-billion Kelowna Accord to improve health, education and economic conditions. Prentice is being disingenuous, Fontaine said, when he includes in federal spending the $2-billion settlement to compensate former students of native residential schools. "It's not a program or a service," Fontaine told chiefs from across Canada who began a three-day meeting here Tuesday. The Conservative budget actually committed just $450 million in new spending for 630 First Nations, Fontaine said. He reached that figure after subtracting the residential schools settlement along with $600 million promised for off-reserve and northern housing. "Our people are frustrated and angry," he said. "And they have a right to be. "We feel betrayed and we simply can't be silent about this betrayal." © The Canadian Press 2006 This is from First perspective UN delays Declaration on the Rights of Indigenous Peoples November 29, 2006 - by Joseph Quesnel A procedural motion passed on Tuesday at the United Nations could indefinitely delay consideration of the UN Declaration on the Rights of Indigenous Peoples, said Aboriginal leaders recently. The motion, passed in the United Nations third committee, has already been condemned by the Assembly of First Nations, which has sent delegates to New York to ensure the declaration’s smooth passage. "First Nations are deeply disappointed and seriously concerned about the potential impact of today’s vote at the United Nations affecting the UN Declaration on the Rights of Indigenous Peoples," said National Chief Phil Fontaine, in a news release yesterday. Already, these same groups are criticizing what they see as behind-the-scenes deal making over the declaration by those states opposed to to its ratification, including Canada. "This non-action was engineered through the political maneuvering of the African Union, aided by Canada, the US, Australia and New Zealand. Canada should be called upon to account for its role in this action, particularly as a member of the Human Rights Council," said Grand Chief Ed John, an AFN representative who is in New York supporting the agreement. At a press conference last week, officials with the Manitoba-based Southern Chiefs’ Organization alleged that Canadian representatives were enticing African delegates to support the delaying tactic with offers of "expedited contracts." Phil Fontaine added that he felt it was a double standard for the Canadian government to be supporting a recent motion recognizing the Quebecois as a nation, while working to ensure other countries support their opposition to this declaration which recognizes Aboriginal rights to national self-determination. Maritime Chief takes hunting charges to court to test constitutionality November 27, 2006 - by Joseph Quesnel A Nova Scotia chief has been charged with hunting moose without a license, prompting him to use the matter as a test case in the courts. Brian Toney is the chief of Annapolis Valley First Nation. The charges were laid against him while he was hunting moose during the non-Aboriginal hunt season earlier this autumn in the Cape Breton highlands. In other media reports, Toney stated he had heard complaints from other Aboriginals about harassement by natural resources officers. This comes, he said, despite the treaty right to hunt moose on traditional territories. Toney has indicated to Nova Scotia media that he is prepared to bring the case through the courts, up to and including the Supreme Court of Canada, to test the constitutionality of the law. (Comment on this)
Tuesday, November 28th, 2006
4:42 pm	News For the week of 27th 2006 Manitoba gives portion of lottery revenues to First Nations communities November 22, 2006 - by Joseph Quesnel The Manitoba government will be transferring about $20 million in lottery revenue to First Nations communities in Manitoba over the next five years, which will be earmarked for a new economic development fund. The government and First Nations communnities signed the agreement yesterday. The agreement is being heralded as the first of its kind in Manitoba history. According to one media account, the deal has been months in the making, although the province has agreed to the sum in principle this past summer. Operation of the fund will be overseen by a joint committee of provincial and assembly officials. In a CBC news account, it is reported that the provincial agreement is intended to compensate First Nations for not upholding a promise it had made to approve five native casinos, as was recommended in a 1997 report on First Nations gaming policy. The province, it continues, has approved only two such casinos since the report came out. Aboriginal representatives are hoping that the agreement will provide a model for other revenue-sharing programs, particularly in the forestry and mining industries, although a government official has not confirmed if the deal will be copied in other areas. Winnipeg urban group has funding cut off November 20, 2006 - by Joseph Quesnel The Aboriginal Council of Winnipeg has had its federal funding cut off after it was determined that the organization is mired in debt and owes more than $14,000 in federal taxes and penalties. It is also reported that the group representing Winnipeg’s urban Aboriginal community has spent its $20,000 line of credit as well. This is not the first time the non-profit organization has been surrounded in controversy. Recently, some members of the association had contested recent election results alleging voting improprieties. A Manitoba judge, however, overruled the decision by the group’s annual general meeting and allowed the election to stand. Speaking to the Winnipeg Free Press, treasurer Marileen Bartlett said that the council receives about $200,000 in government funding annually, of which $100,000 comes from the province and $100,000 from the federal government. Wayne Helgason, a newly elected member of the council’s board who had served in the past, said that at the present time the Aboriginal Council is not able to spend anything in its financial state. Helgason, in an interview, placed the blame for the financial situation on outgoing president Larry Wucherer who responded that he is being made a scapegoat. Federal money now available to pay part of Caledonia bill, Ontario claims November 15, 2006 - by Joseph Quesnel Despite some initial resistance, the federal government has indicated it may end up shouldering some of the cost associated with the Caledonia standoff in southern Ontario. The confirmation came from David Ramsay, Ontario’s minister responsible for Aboriginal affairs, who has been engaged in private discussions with his federal counterpart, Jim Prentice, minister of Indian Affairs. Currently, the province estimated the land claims dispute has cost Ontario taxpayers about $40 million, which includes policing costs as well as salaries for negotiators. "They've agreed to pursue the cost-sharing aspect of managing the dispute to date and in the future and we're very pleased about that," Ramsay told reporters at a recent press conference. "They've agreed in principle that they will talk to us about that rather than saying no. I think what that means is they're prepared to enter into some cost sharing. What that will be will be decided by our officials." A spokesperson for Minister Prentice, however, declined to confirm any details and insisted that the discussions remain private. Feds must play larger role in Caledonia says Ontario premier November 14, 2006 - by Joseph Quesnel Ontario Premier Dalton McGuinty said recently that the federal government has agreed with the province that it must play a larger role in ensuring that the standoff in Caledonia ends through negotiation, although both are still unsure when the dispute will really end. McGuinty said he received this commitment after he had met with Prime Minister Stephen Harper and discussed the Caledonia issue. David Ramsay, the Ontario minister responsible for Aboriginal affairs, said that the negotiations should move faster now that the province and Ottawa agree more on the need to resolve the issue. The federal government, however, has not shown any indication that it will pick up the estimated $40 million tab for the policing of the situation. McGuinty had said to the media that the province will end up paying "indefinitely" for policing costs as long as the underlying federal land claim dispute remains unresolved. Illegal election investigation forces ouster of chief November 13, 2006 - by Joseph Quesnel A Manitoba chief has been turfed, along with some other band councillors, after being investigated for illegal election activities. The federal department of Indian and Northern Affairs has removed Peter Ross, who was chief of Lake St. Martin First Nation, and has prevented him from running for public office on the small reserve community for six years. Lake St. Martin is located about 200 kilometres north of Winnipeg along Highway 6. Ross, as well as former councillors Earl Ross and Albert Ross, have all been banned by Indian Affairs from running for office, after the RCMP conducted a criminal investigation into allegations of vote buying in the last band election. "It is related to the buying of mail-in ballots," confirmed the spokesperson, to one media source. News of the removal comes on the heels of a recent controversy surrounding events at Rousseau River First Nation in Manitoba where Chief Terry Nelson was widely criticized for allegedly paying band members to vote. Nelson, however, counters that the action was not partisan, but was designed to encourage band members to vote. A Saskatchewan band was also recently exonerated for a similar practice by Elections Canada. Ross and all four of the current band councillors were removed from office in the middle of October through an order of the Governor General, with the expressed approval of the federal cabinet. Officials with INAC have conceded to reporters that the step of removing of the sitting council and banning them from running again is a rare move on the part of the government. In a media report, a director of band governance for Indian Affairs confirmed there were corrupt practices in the June 2005 election. Shortly after the election, Indian Affairs and the RCMP began to receive complaints from individual band members which then triggered an investigation Manitoba RCMP have said that the initial investigation was forwarded to the Crown which has not decided whether to lay formal criminal charges against the chief and council. The governance office with INAC has also received the RCMP findings. A RCMP spokesperson stated that the decision to nullify the 2005 election results and dissolve the current elected council was based on the strength of the report. That report, he said, pinpointed the three individuals involved as invovled in a possible vote-buying scheme. The band itself will not be facing any penalties as the result of the alleged corrupt practices, the report continued. A new election will be held on Lake St. Martin reserve as soon as possible. High court rejects state raid, land claim Tuesday, November 28, 2006 The U.S. Supreme Court refused to hear two Indian law cases on Monday, closing the doors on a contentious sovereignty case and another tribal land claim. In the first case, the justices rejected an appeal from the Narragansett Tribe of Rhode Island. The tribe's reservation was raided by state troopers, who arrested tribal leaders and members, seized tribal property and shut down a smoke shop. In the second, the justices refused to consider the Delaware Nation's claim to 315 acres in Pennsylvania. The tribe, based in Oklahoma, wanted to trade its land for gaming rights in what has become a controversial practice. Narragansett Tribe v. Rhode Island, No. 06-414 On July 14, 2003, television stations nationwide broadcast a violent raid of the Narragansett Reservation. State troopers, acting on orders from Gov. Donald Carcieri (R), went there to shut down a smoke shop that was selling tobacco products without a state tax. The tribe sued the state, claiming its rights were violated. In a May 2005 ruling, a three-judge panel of the 1st Circuit Court of Appeals agreed that the raid trampled on tribal sovereignty but said the state could impose taxes on the reservation, and recommended a compact. After a rehearing, the 1st Circuit issued an even broader ruling this past May. By a 4-2 vote, the court said the state can enforce all of its laws on the reservation, citing a land claim settlement approved back in 1983. The tribe subsequently filed a writ of certiorari with the Supreme Court. Without comment, the justices denied the writ, upholding the 1st Circuit ruling that could set precedent for other tribes in Maine and Massachusetts that signed similar land claim settlements. But the issue could come up again with another case in the 1st Circuit. Land taken into trust outside the Narragansett's land claim area could remain out of reach of state laws depending how the court rules. There's also the open question whether acts of Congress that granted state jurisdiction over Indian Country apply to the actions of tribal governments and not just tribal members. The Supreme Court failed to resolve that dispute in another state raid case back in 2003. Land-into-trust report points to tribe's impact Monday, November 27, 2006 An environmental impact statement released by the Bureau of Indian Affairs on Friday highlights the wide reach of the Oneida Nation on the economy in New York. The tribe lost nearly all of its 250,000-acre reservation through illegal land transactions. But in reacquiring more than 17,000 acres over the past 20 years, the tribe has emerged as a major player in two counties, according to the report. The tribe employs more than 5,000 people through its casino, gas stations and various businesses. These employees paid about $5.6 million in property taxes last year and paid $3.4 million in incomes taxes to the state. Spending by the employees generated another $8.5 million in revenue and taxes for the local economy. As the tribe's casino grows in the coming years, the impact is expected to reach $19 million by 2011. Local businesses also benefit, according to the report. "Multiplier spending" by the tribe and employees generates over $30 million in earnings for the region. But all of this could be wiped away unless the BIA takes land into trust for the tribe. The report outlines several options, ranging from all 17,000-plus acres to no acreage. The last option presents the worst-case for the tribe. The state and federal government would be able to shut down the Turning Stone Resort and Casino because it doesn't sit on Indian land. "This would create an extreme financial burden for the Nation," the report states. "There would be a significant total loss of jobs of 5,451 of which 4,714 are residents of Madison and Oneida Counties, causing related unemployment impacts there," it continues. The report says the tribe would likely lose all of its land due to foreclosure proceedings, some of which have already been initiated by local governments. A federal judge has put them on hold as the case goes before the 2nd Circuit Court of Appeals. On the other end of the disaster spectrum lies the acquisition of all 17,000-plus acres. This covers the casino, the tribe's businesses, tribal housing, important cultural and archaeological sites and agricultural, hunting and fishing grounds. Under this scenario, local governments would feel an "adverse" effect because the tribe won't have to pay property taxes. But the report notes the tribe has made $38.5 million in payments since 1995. Another option would result in a total of 35,000 acres taken into trust. This include the 17,000-plus owned by the tribe plus additional lands that have yet to be specified. But this action could increase the "checkerboarding" of Indian and non-Indian lands. "The New York state and local governments have asserted that this would create an adverse effect on their ability to cohesively plan and to uniformly enforce their zoning, land use, and environmental regulations," the report states. Four other options would require the acquisition of some, but not all of the tribe's land base. But two of these would be "insufficient" while the other two would not be as drastic, according to the report. The tribe submitted its application after the U.S. Supreme Court issued a critical ruling in March 2005. The court said the tribe can't reassert sovereignty within its 250,000-acre reservation without going through the land-into-trust process. The decision prompted local governments to send tax bills to the tribe, some of which have been paid under agreements. Madison and Oneida counties are trying to foreclose on the tribe's land due to outstanding taxes. The decision also led the 2nd Circuit to dismiss another land claim. The state and the counties are now saying the Oneida's claim to 250,000 should be thrown out of court. The environmental impact statement, prepared by Malcolm Pirnie Inc., presents the history of the litigation but doesn't endorse a view held by some state and local officials that the Supreme Court decision outright bars the acquisition of the land. The report also doesn't state whether the tribe must clear up the tax and foreclosure issues before the land is taken into trust, as one Bush administration official has suggested. The BIA is taking public comments on the draft and will hold a public hearing on December 14 in Utica. Authorities are trying to figure out what happened to two brothers who disappeared on the Red Lake Reservation in Minnesota. Tristan A. White, 4, and Avery Lee Stately, 2, were last seen playing in front of their home on Wednesday morning. After a massive ground and air search, there are no clues to their whereabouts. That means it's likely the boys were abducted, according to an expert. But the head FBI special agent said it's possible the brothers are still on the reservation. Agent Paul McCabe told WCCO-AM on Tuesday that the FBI has ruled out abduction by a relative. "We feel fairly confident that no relatives have the children, as we've been able to track down all the immediate family and next-line relatives," McCabe said in an interview. The FBI is offering a $20,000 reward for information about the boys. Anyone with information should contact the FBI at 612-376-3200, or the Red Lake Tribal Police Department at 218-679-3313. Canada's rights stand under fire On wrong side in UN indigenous debate, critics say Nov. 27, 2006. 01:00 AM OLIVIA WARD FEATURE WRITER Canada has historically been a leader in humanitarian issues at the United Nations. But a UN vote on indigenous rights has put Ottawa on a different side of the fence, and, advocacy groups say, the wrong one. The UN Declaration on the Rights of Indigenous Peoples is now before the General Assembly's third committee on social, humanitarian and cultural matters, which must approve it before it is voted upon by the assembly's 192 countries. But Canada, the United States, Russia, Australia and New Zealand are leading the charge against it. "This is terribly disappointing for a country that has a strong record of endorsing human rights," says Victoria Tauli-Corpuz, chairperson for the UN permanent forum on indigenous issues. "If Canada isn't willing to play a good-faith role in such important issues, its ability to intervene in other areas will be affected." A declaration on indigenous rights has been under debate for some 20 years, and the former Liberal government helped to push it through the UN process. Although not legally binding, it is aimed at setting minimum standards for the dignity, survival and well-being of the world's indigenous people, who are the poorest and least advantaged in their countries. But Prime Minister Stephen Harper's government reversed the policy, saying the document was "unclear" and should be renegotiated. Meanwhile, a group of African countries led by Namibia joined the chorus against the declaration and produced their own amendment asking the committee to put off a vote for further discussion. "Canada had hoped to help craft a declaration that more clearly sets out the rights of indigenous peoples and the commitments of states in relation to such rights," said a Canadian policy paper issued in June, when the Harper government voted against the draft declaration at a Human Rights Council meeting in Geneva. "(We) wanted to build a broader consensus on the text so (it) could eventually be adopted and supported by as many states as possible." The turnabout followed a visit to Canada in May by conservative Australian Prime Minister John Howard, whose advisers have been credited with helping Harper win last January's election. Harper shares Howard's reservations about the Kyoto accord, as well as many of his right-wing political views. Both countries are energy-rich middle powers with significant aboriginal populations. The Indigenous People's Caucus, a worldwide forum of aboriginal groups, has accused Howard of persuading Harper to join the anti-declaration lobby, saying "Australia and New Zealand agitate against the declaration in an attempt to make legitimate their own discriminatory policies." But although Howard's government admits to pushing its views on the issue in Canada and other countries, it says the Harper government could have developed different policies from the Liberals without its urging. The Tories have also cancelled the Liberals' $5 billion Kelowna accord to aid aboriginal housing, health care and education, drawing criticism from human rights groups. Earlier this month, a Commons committee on aboriginal affairs adopted a resolution calling on the government to support the immediate endorsement of the UN declaration. The seven committee members representing the Liberals, Bloc Québécois and NDP backed the resolution, while the three Conservative members opposed it. "It's just one more manifestation of the government's disregard for indigenous people," says Liberal Indian affairs critic Anita Neville. The government's objections to the UN declaration focus on crucial issues of land and resources. It questions the leeway indigenous people are given to take control of "traditional land," conserve and protect the environment, and prevent military activities or dumping of waste on their land. And it raises problems that could occur with competing rights of aboriginal people and other Canadians. But says Darlene Johnston, assistant professor of law at University of Toronto, "the government is probably overstating the impact of the declaration. To have a (major) effect it would have to be a legally binding treaty." She says it's "ironic" the Harper government has objected to the declaration's reference to the rights of aboriginal peoples when it has just moved to recognize Quebec as a nation. NOVEMBER 28, 2006 - 14:52 ET Leadership Council Troubled By Today’s Vote at the United Nations Inaction on Declaration on the Rights of Indigenous Peoples Inexcusable Attention: Assignment Editor, Business/Financial Editor, News Editor, World News Editor, Government/Political Affairs Editor VANCOUVER, BC, PRESS RELEASE--(CCNMatthews - Nov. 28, 2006) - After two decades of discussion and development, the slow pace of approval of the United Nations Declaration on the Rights of Indigenous Peoples came to a halt today at the current session of the UN General Assembly in New York. A resolution put forward by the Namibian delegation - in effect, a non-action motion on the Declaration - was supported by a majority with 82 Nation States voting in favour, 67 Nation States voting not in favour and 25 Nation States abstaining. Grand Chief Ed John, First Nations Summit Executive member, who is in New York on behalf of the Assembly of First Nations and working with the Indigenous Peoples' Caucus, stated "Today is a very sad day for the United Nations and a very serious setback for the integrity of the newly formed Human Rights Council who urged the General Assembly to formally adopt this historic document. It now appears that the most likely outcome will be that the United Nations never formally adopts the Declaration. This is a remarkable and bizarre development." "Canada was positioned to play a significant role in supporting the Declaration but Canada chose to actively oppose the Declaration as a member of the Human Rights Council and at the General Assembly," commented BC Assembly of First Nations Regional Chief Shawn Atleo. "We share the deep frustration of all those who worked long and hard to get the Declaration to this point. We sincerely hope that the Declaration is not lost and that we can find a way in which to revitalize this important work." Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, stated "Canada no longer enjoys a 'blue beret' reputation at the United Nations. Canada's disgusting conduct against Indigenous People at both the national and international levels is being noted. It is simply shameful that as a Council member of the Human Rights Council, Canada pretends to espouse the highest standards and protection of Human Rights. It is those countries who have lived with the ravages of colonialism now speak for continuing colonialism for all Indigenous Peoples." The Declaration was adopted by the UN Human Rights Council this past June and was recommended for adoption by the General Assembly. Canada was one of few countries to vote against the Declaration in June. /For further information: Colin Braker, First Nations Summit, (604) 926-9903 or (604) 328-4094; Heather Gillies, BC Assembly of First Nations, (604) 837-6908 / (Comment on this)
Tuesday, November 21st, 2006
4:57 pm	News for the week of Nov, 20th CNW Group LtdGroupe CNW Ltée Attention News Editors: Government wrong to cut $160 million for Aboriginal languages OTTAWA, Nov. 9 /CNW Telbec/ - The Federal Government is wrong to eliminate a $160 million commitment to support Aboriginal languages. "We are puzzled and disappointed with the cut in languages funds because the Federal Government says its priority is to support the improvement of the lives of First Nations children, youth and families," said Chief Keith Matthew, President of the First Nations Confederacy of Cultural Centres (FNCCEC). "Language is at the core of First Nations peoples' identities. Reversing the positive trend of the last few years toward enhanced language programs is inconsistent with the Government's statements." added Chief Matthew. The FNCCEC is reacting to the Federal Government's announcement on November 2, 2006 that it will not follow through with its commitment made in 2002 to allocate $172.5 million to Aboriginal languages programming. The commitment to significant new funds was made after many years of studies, a task force report and lobbying by FNCCEC - all of which pointed to the urgent need for a significant amount of new and additional First Nations language funds. Only $12.5 million of that commitment was ever made available leaving $160 million on hold. The FNCCEC promoted its 87 cultural centres across Canada as the delivery mechanism for the new funds. The First Nations Cultural Centres and the FNCCEC have been developing and delivering language and cultural materials since their inception in 1971. "The $160 million set-back also undermines the Federal Government's often-stated commitment to improving First Nations education," added Chief Matthew. "We were told in 2002 that finally there would be more funds for our endangered languages - languages that are an integral part of First Nations education curriculum and now, it's just another broken promise from the Federal Government," said Chief Matthew. The Cultural Centres are the main suppliers of language materials for First Nations and provincial schools. The FNCCEC acknowledges that at least the pre-existing Aboriginal Languages Initiative funding is being renewed at $40 million. The renewed program, however, is a far cry from the major infusion that the FNCCEC had fought for years to attain. "There is no way the Federal Government can spin this as a positive outcome or that it has a more effective means to retain First Nations languages with much less funding," said Chief Matthew. "It is obvious to anyone that we might have had a better chance to reverse the trend toward the loss of our languages with the initial $160 million commitment rather than the more modest $40 million," added Chief Matthew. The Minister of Canadian Heritage, Bev Oda, says the Federal Government is committed to work with Aboriginal peoples and groups to find an "appropriate way" to further promote and support Aboriginal languages. "The FNCCEC and its Cultural Centres have a long and positive track record on language program administration and we must be at the forefront of any discussions with the Federal Government on First Nations languages," said Chief Matthew. The FNCCEC will continue to press on behalf of its 87 member Cultural Centres for enhanced language and cultural retention program funds. The FNCCEC receives $5 million per year from the Department of Indian Affairs, most of which it distributes to its member Cultural Centres for language and cultural programs. 14.11.2006 18:44:28 write comment Tyendinaga: 1st round knockout The following update was submitted by Kanonhsyonni of Tyendinaga, a Mohawk community near Belleville, Ontario. We are objecting to 8.5 hectares of our land in Deseronto (Mohawk land) being turned into a housing project for non-natives without any right and without our knowledge or consent. We are glad to see that the Ontario government told developer, Tim Letch, to put his shovel away. As some Mohawks said, "What's ours is ours! What they think is theirs is ours!" MNN Ed. MNN Nov. 13, 2006 KweKwe, Today it was confirmed that no development is to take place tomorrow (15th) on the land claim area of the Mohawks. It was decided to postpone the housing development to discourage any further discussions on outside development of the land and to assert our ownership. The women of Tyendinaga will be meeting in the next few days to discuss the next steps. After that we will call a national women's meeting. We will keep you informed. We appreciate the many calls of support. We think that we currently have the situation under control. We will not be having any rally or protest for the time being. The proposed development on the Culbertson Tract Land Claim takes in most of the town of Deseronto. The Kanienkehaka/Mohawk never surrendered this land. In 2003 Indian Affairs acknowledged that no legal surrender had taken place and were willing to negotiate a settlement for the land. The land has been in dispute since 1837. There have been three meetings of the community of Tyendinaga. The initial meeting held on Saturday November 11th was attended by the Longhouse people; the band council; and other members of the community. It was decided that it was in our best interests to put aside any personal differences and work together. We all agreed that the Culbertson Tract is our land and we will not surrender it. We also agreed that there would be no further development on this land -- not one more shovel of dirt. It was an historic day. The first time we had sat down together at the same table in agreement and working for one common cause. The band council representatives reported on their meetings with the federal government; their push to widen the scope of the negotiations process so that it suits the needs of our people. To calm the situation Indian Affairs appointed two people to do some investigative work with the band council, the town of Deseronto and the land developer. They felt confident that no development would take place on the 15th. According to the county land office no building permits had been applied for or granted. The town of Deseronto had a few years earlier enacted a by-law to allow development, which has since expired. The developer has no legal stance from their system nor from the Mohawks to begin any work. The town has been put on notice. If development were to begin, all bets are off. The community of Tyendinaga would not tolerate it. The Longhouse people reminded everyone that the land is the responsibility of the women and that the treaty was made with the Haudenosaunee. This is not Mohawk land, but Haudenosaunee land, in our care. It is our responsibility to let everyone know what is happening with the land and that we would continue to do that. Three areas need to be addressed: Research & Negotiations; Communications; and, Frontline. Several people, representing all groups, volunteered to help with the work in each area. Each would keep the other informed of any new information that becomes available. There is a need for public education within both Tyendinaga and the town of Deseronto on the Land Claim, the historical background, the process and the history of the Haudenosaunee. On Sunday, November 12th, a men's meeting was called by Seth Lefort. He Opened and said that he called the meeting because (he thought) nothing was being done about the Culbertson Land Tract. The men who had been at the meeting on Saturday (Shawn Brant, Band councilor Blaine Loft and others) informed him of all that has been done. We are all working together and have taken on different duties. The men there were told that only the return of theland is acceptable. No pay off will be accepted. Men attended from Akwesasne also. On Monday, November 13th, a general community meeting was called in Tyendinaga. More than 200 people attended. This is more than we have seen at a community meeting. It was apparent that everyone agreed that we will accept only the repossession of our land. A report was made on the Saturday meeting on the band council perspective, the Longhouse people, community groups and members. Akwesasne members were supportive and offered suggestions. They reminded everyone they had to make a choice -- to be Haudenosaunee or to be Canadians and follow the elected band council. There was a committment to meet regularly for updates and to select persons for the negotiation team. Winnipeg urban group has funding cut off November 20, 2006 - by Joseph Quesnel The Aboriginal Council of Winnipeg has had its federal funding cut off after it was determined that the organization is mired in debt and owes more than $14,000 in federal taxes and penalties. It is also reported that the group representing Winnipeg’s urban Aboriginal community has spent its $20,000 line of credit as well. This is not the first time the non-profit organization has been surrounded in controversy. Recently, some members of the association had contested recent election results alleging voting improprieties. A Manitoba judge, however, overruled the decision by the group’s annual general meeting and allowed the election to stand. Speaking to the Winnipeg Free Press, treasurer Marileen Bartlett said that the council receives about $200,000 in government funding annually, of which $100,000 comes from the province and $100,000 from the federal government. Wayne Helgason, a newly elected member of the council’s board who had served in the past, said that at the present time the Aboriginal Council is not able to spend anything in its financial state. Helgason, in an interview, placed the blame for the financial situation on outgoing president Larry Wucherer who responded that he is being made a scapegoat. Canada tries to buy African states at UN to delay UN Declaration on Indigenous Rights November 17, 2006 - by Joseph Quesnel Canadian representatives at the United Nations are attempting to bribe African member states in order to buy their support for a motion to delay final passage of the UN Declaration on Indigenous Rights at the General Assembly in New York, alleged the chief of a prominent Manitoba Aboriginal organization. "We heard of this at a recent international treaties summit. It is unsubstantiated," said Grand Chief Chris Henderson of the Southern Chiefs Organization, at a press conference held in the group’s Winnipeg office. Henderson went on to elaborate saying he was informed that African states were told that their lucrative commercial arrangements with Canada would be “expedited” if they were to support a procedural delay to prevent passage of the declaration. According to the chief, if the motion is delayed it would effectively kill the declaration’s passage. "This is economic blackmail." The federal government opposed the Declaration when it was before the United Nations Human Rights Council, on the grounds that the international document left the term "right of national self-determination" largely undefined and conflicted with domestic Canadian law. Henderson said Aboriginal organizations are already on the ground in New York attempting to drum up support for the declaration as it approaches a final vote, which could come as early as next week. Mohawks occupy Ontario housing development November 16, 2006 - by Joseph Quesnel A housing development project in southern Ontario has been put on hold after a group of Mohawks took control of the land in protest. The occupation took place in the town of Deseronto, a small community about 80 kilometres west of Kingston. One media account said that close to 20 Mohawks from the Tyendinaga Territory particapted in the demonstration as a means to show the government that they were not backing down from their claim that the land was never surrendered. While some feared a situation similar to that of Caledonia, local police sources reassured locals that peace would be maintained. A developer from Kingston had originally planned to begin construction yesterday, but was prevented by the occupation. The businessman has said he will stop work on the land in order to allow the territorial chief to negotiate with the federal minister of Indian affairs. In a CBC news report, the mayor of Deseronto said he hoped negotiations would proceed quickly and development would resume, citing fears that the stoppage will prevent the community’s ability to raise taxes. Federal money now available to pay part of Caledonia bill, Ontario claims November 15, 2006 - by Joseph Quesnel Despite some initial resistance, the federal government has indicated it may end up shouldering some of the cost associated with the Caledonia standoff in southern Ontario. The confirmation came from David Ramsay, Ontario’s minister responsible for Aboriginal affairs, who has been engaged in private discussions with his federal counterpart, Jim Prentice, minister of Indian Affairs. Currently, the province estimated the land claims dispute has cost Ontario taxpayers about $40 million, which includes policing costs as well as salaries for negotiators. "They've agreed to pursue the cost-sharing aspect of managing the dispute to date and in the future and we're very pleased about that," Ramsay told reporters at a recent press conference. "They've agreed in principle that they will talk to us about that rather than saying no. I think what that means is they're prepared to enter into some cost sharing. What that will be will be decided by our officials." A spokesperson for Minister Prentice, however, declined to confirm any details and insisted that the discussions remain private. Feds must play larger role in Caledonia says Ontario premier November 14, 2006 - by Joseph Quesnel Ontario Premier Dalton McGuinty said recently that the federal government has agreed with the province that it must play a larger role in ensuring that the standoff in Caledonia ends through negotiation, although both are still unsure when the dispute will really end. McGuinty said he received this commitment after he had met with Prime Minister Stephen Harper and discussed the Caledonia issue. David Ramsay, the Ontario minister responsible for Aboriginal affairs, said that the negotiations should move faster now that the province and Ottawa agree more on the need to resolve the issue. The federal government, however, has not shown any indication that it will pick up the estimated $40 million tab for the policing of the situation. McGuinty had said to the media that the province will end up paying "indefinitely" for policing costs as long as the underlying federal land claim dispute remains unresolved. Current Music: Ckut Radio (Comment on this)
Tuesday, November 7th, 2006
5:18 pm	News for the week of Nov, 6th, 2006 This is from First Perspective Feds asked to stop development on contested land - again! November 7, 2006 - by Joseph Quesnel A Mohawk chief has asked the federal government to stop development plans for a planned housing subdivision in southern Ontario. No, it isn’t in Caledonia. But, in events similar to the standoff that has lasted in that community since February, another Mohawk community west of Kingston has declared that they never surrendered the nearly 8.5 hectares of privately owned land in Deseronto, Ontario where a developer plans to start building a new subdivision. Much of the land has waterfront access to Lake Ontario's Bay of Quinte. Don Maracle is chief of the Tyendinaga Mohawk Territory and in a media report he called on the federak government to prevent development slated to begin November 15. Maracle contends that the federal government has not adequately negotiated with the Tyendinaga Mohawks over the future of the property. Maracle has said that he does not wish to see any disruption in the community, but would like to see a deal negotiated before development proceeds. The developer said in a media report that he believes the federal government has a responsibility to negotiate with the Aboriginal community, not his company. He also declined to confirm whether he would stop development plans if no agreement is reached.   Majority of growing illegal tobacco trade originates on reserves November 6, 2006 - by Joseph Quesnel The illicit manufacturing and sales of illegal cigarettes on First Nation reserves has grown by leaps and bounds over the past few years thanks in large part to tobacco taxes that have grown as high as 200 per cent in the last four years in some areas, says a spokesperson for a major tobacco manufacturer. "Taxation has a direct impact on the behaviour of consumers who are seeking a cheaper alternative," says Yves-Thomas Dorval, a public affairs official with Imperial Tobacco. "We can easily see that this is more of an issue now than in the past," he says. "What is the reality is that the productive capacity wasn't there before." The announcement comes on the heels of a major study completed by the tobacco company recently that seemed to suggest that over 95 per cent of illegal cigarettes acquired in Canada were manufactured on Aboriginal reserves. The study involved the tracing of over 2,000 adult summers during the summer time. The research revealed that illegal cigarette purchases were mainly being conducted in Ontario and Quebec and that in those provinces, about one in four cigarettes is illegal, likely produced on a reserve. The study also challenged current statistics that point to a decline in smoking. Benjamin Kemball, president and CEO of Imperial Tobacco Canada, said that over 75 per cent of the decline in legal sales is being transferred, in fact, through the illegal market. In a press release, Kemball blamed the increase in illegal on-reserve cigarette sales on high taxes and government inability to enforce existing laws relating to tobacco manufacturing and taxation. In his report, Kemball called on governments to "level the playing field" for tobacco companies and retailers by enforcing the law on reserves. "If the regulations and taxation exists, they should be faced by First Nations people as well," added Dorval. Some government officials were not as convinced by the claims of the tobacco company. In one media report, it was stated by Former Ontario Finance Minister Dwight Duncan that following the latest tax increase on cigarettes in Ontario this year anti-smuggling resources were boosted and changes made to make contraband goods easier to detect. Last year, he said, seizures of contraband tobacco increased five-fold and the province registered 36 per cent more convictions under the provincial Tobacco Tax Act. However, Watson said Ontario's taxes are lower than the national average and the provincial government stepped up enforcement as of last year. Dorval, however, was quick to point out that not all cigarettes sold on reserves are illegal. Cigarettes purchased by Aboriginals with tax exemption status are not illegal, he stressed. Only those which are purchased by Canadians without tax exemption, whether on-reserve or off-reserve, are illegal. "They are so popular because they can get these products at one-third of the price," he said. In both Quebec and Ontario, taxes make up about 70 per cent of the price of cigarette purchases. Dorval also said that although taxes on cigarettes are high throughout Canada, the problem of illegal cigarettes in Ontario and Quebec is higher because of the existence of long-standing cigarette manufacturing and smuggling operations through Aboriginal communities. Most of these cigarettes, he added, are then sold outside of Ontario and Quebec. Attempts to contact First Nation communities particularly affected by illicit cigarette manufacturing, such as Six Nations reserves and the Mohawk community of Kanasetake, were unsuccessful. One spokesperson with the Assembly of First Nations, however, stressed that the issue is more complex as such cigarette sales often can generate revenue for cash-strapped First Nation communities. According to a report by Criminal Intelligence Service Canada, illicit cigarettes are manufactured on reserves near the Canadian border in the United States and smuggled into Canada before being distributed across the country. The RCMP, which investigates organized cigarette manufacturing and smuggling on reserves, was not able to provide comment in time for publication. Dorval added that a significant concern is also the level of safety associated with illegal cigarettes sold from reserves. "Many of these products do not follow current regulations," he said, pointing to clear labels about the amount of toxic emissions associated with the cigarette and a list of ingredients. The illegal cigarettes also do not carry the graphic message on the package required by Health Canada officials. "Many of these cigarettes are sold in zip lock bags," he said. The main reason for the regulations, he said, is to protect public health. "The public health of Aboriginals is just as important as the rest of the population," he said, in stressing that First Nations should face the same regulations.   Métis harvesting rights on trial November 6, 2006 - by Joseph Quesnel A landmark court case in Manitoba involving a Métis hunter may very well determine the future of Métis rights across Canada, argues a lawyer who is defending the man. "It's a very significant case. It's one of the first cases that applies the Powley decision which defined Métis rights," says Jason Madden, a lawyer representing Will Goodon, a Manitoba Métis man who was charged back in 2004 for possessing an illegal migratory bird as a result of not owning a provincial hunting licence. He had killed the bird in the Turtle Mountain area the day before. Goodon is the chair of the Cherry Creek local of the Manitoba Métis Federation located in southern Manitoba. This past October, his trial finally continued in a court a provincial court in Brandon, with the introduction of expert witnesses and members of the Métis community testifying. The trial will resume in the middle of November. Ironically, Goodon says he has charged in a provincial conservation office after seeking clarity from officers over the validity of a Métis harvesting card which was issued by the Manitoba Métis Federation shortly after the Powley decision. The Powley ruling is significant in that the Supreme Court ruled that Métis who could demonstrate connection to a viable Métis community could hunt without a provincial licence in their traditional territories. It also directed provincial governments to work with Métis in ensuring the right is respected. "I never intended to shake that duck in front of them," says Goodon, stressing that he was upset over the lack of clarity regarding Métis harvesting rights. After Powley, Goodon says Premier Gary Doer had assured the Métis community that Métis harvesting cards would be honoured by Manitoba Conservation and that Métis hunters would not be charged. When he spoke to conservation officials in Boissevain, however, he was told that hunters may be fined for not possessing a licence. "I just so tired of the lies and the false promises," says Goodon, adding that he asked one of the officers if he would be charged for shooting a duck without a licence, to which he was responded that he would be charged. He then went to his truck and produced the bird and was charged. The result of the trial, however, could determine the future of all Métis rights-holders across Canada, not just those in Manitoba, stresses Madden. "The main issue that will be tested is the definition of the Métis community," he says. The Powley decision only provided a framework definition, he says. The Goodon case, he adds, will provide a much broader and larger community for the court to consider. The provincial governments, he argues, have taken advantage of the impreciseness of the definition and have tended to limit Métis to small villages and towns, and not take into consideration the larger regional communities that Métis formed. "The provinces have tended to define the Métis community as small dots on the maps," he says. At trial, Madden says Goodon's legal team brought forward a local academic Bret Nickels, who presented studies on traditional Métis land use. "What Dr. Nickels demonstrated was that Métis were very different than the First Nations. Whereas, First Nations developed land use in concentric circles around their reserves, the Métis were much more mobile and harvested in a wider area outside their immediate areas," says Madden. Drawing on a similar case in Saskatchewan, Madden states that the courts have come to a wider understanding of the Métis community and have accepted historical research showing that Métis traditional territories embrace a much wider area geographically than provinces want to admit. In that particular case, Ron Laviolette, a Métis man, was acquitted after being initially charged for fishing out of season. The Crown argued that he was not in his local area, so did not possess the right. The judge disagreed and said he was part of a larger Métis community in Saskatchewan that even extended into parts of Alberta. "It shows that the Métis thought nothing of travelling up to 400 kilometres away from their family to visit friends and harvested in that area all at the same time," he says. In a historic sense, Madden hopes the case will establish the continuity of Métis rights. The Crown, he says, will be taking the position that the original Manitoba Act, in providing land grants to individual Metis, extinguished Métis rights to harvesting. Madden, however, has said that he wants to bring down that argument by showing that the Manitoba Act does not even mention harvesting rights, so it cannot extinguish that which it not clearly enumerate. Closer to home, Madden also says the case will also look at the steps the Manitoba Métis Federation, and perhaps other provincial Métis groups, have adopted in creating systems for "objectively" deciding who is Métis and providing harvesting rights on that basis. In Powley, he said, the decision established that provinces must move towards a system to recognize Métis harvesting rights, which Manitoba has not. "It will interesting to hear what the court says about the system already set up in Manitoba," he says. "Our policy is pretty straight forward. All residents need a provincial hunting licence," says Blair McTavish, a spokesperson with Manitoba Conservation. McTavish stressed that at the moment the province only recognizes First Nation status cards as valid replacements for a hunting licence. "We do not, at this point, recognize the Métis harvesting card." McTavish even concedes that the Manitoba is as interested in the outcome of the Goodon case as the Métis community. "These cases will help clarify that position, such as what is a community right," he says. "Hopefully, the Goodon case will help define these issues." For Goodon, the issue of clarity is paramount. Just recently, some of his friends, who are Metis, who were accompanying him on a goose hunt were not charged by conservation officers even though they only have Métis harvesting cards. Yet recently, he said, some Métis hunters who were hunting chickens for Thanksgiving were charged. This type of inconsistency in the application of the law, he says, is what angers him. "Either the premier doesn't know what he's doing or he has no control over those who are under him," he says. The court decision, he adds, will likely force the Doer government to sit down and negotiate with the Métis to hammer out a harvesting agreement, as exists in other provinces. Lack of clarity over jurisdiction is also something Goodon hopes his trial will help clarify. When he was initially charged, he says, the provincial government attempted to get the federal government involved because a migratory bird was involved. "The federal government refused to become involved because the federal cabinet has a policy to recognize Métis hunting rights," he says. In the meantime, those defending Goodon will be presenting another expert witness, as well as members of the Métis community, to testify in November. The Crown is expected to bring forward its own arguments come January 2007.   Caledonia dispute sets off jurisdiction war November 3, 2006 - by Joseph Quesnel A long-standing Aboriginal land claims dispute in Ontario has set off a jurisdictional war between the federal government and the Ontario government, with no clear end in sight. The Ontario government has asked the federal government to take more of a leadership role in resolving the Caledonia standoff in southern Ontario, as the dispute approaches its first year anniversary. Aboriginals from the nearby Six Nations reserve have been staging the standoff on the contentious Douglas Estates housing development site. Six Nations spokespeople have argued they never surrendered the land to the government, whereas the government has stated it was transferred to them in the 1840s. Premier Dalton McGuinty stated at a press conference in Toronto that the issue will not be resolved until Ottawa “steps up to the plate” and takes a lead role in moving negotations forward. As the chief government body responsible for Aboriginal affairs and land claim matters, McGuinty believes the federal government should assume some responsibility for the resolution and the associated costs of the dispute. Thus far, Indian Affairs Minister Jim Prentice has distanced himself from the dispute and its resolution. Moreover, officials wthin the Indian Affairs beaucracy have recently confirmed that the federal government will not assume any responsibility for the enormous cost of policing the occupation site, which has been used by Six Nations protesters since February. Indian Affairs spokespeople have reportedly been firm in asserting that issues such as policing, and civil rights are areas of provincial jurisdiction, thus it is Ontario's responsibility to take care of the costs. At this point, one of the only occurrences where the federal government has assumed a visible role in the dispute resolution was when the government showed its support for a provincial appeal to an Ontario Superior Court judgment that ordered occupiers off the site and negotiations halted until such time as the occupation stopped. At the end of October, the Ontario government had also announced that is intended to present the federal Indian Affairs minister with a bill for $25 million for the dispute. The dispute has been estimated to be as high as $40 million, which includes overtime pay for Ontario Provincial police officers and salaries for provincial negotiators. Prentice, however, cancelled the meeting at the last minute and accused David Ramsay, the provincial minister for responsible for Aboriginal affairs of "grandstanding." Minister Prentice did stress that he is willing to enter into serious discussions with the province about resolving the Caledonia issue, but said he would not be subject to posturing by the province. Stephen Harper for chief? November 3, 2006 - by Joseph Quesnel A Saskatchewan reserve has put forward the name of Prime Minister Stephen Harper as a candidate for chief in its upcoming band election in order to gain attention. Myrna O’Soup, a member of the Key First Nation in central Saskatchewan, brought forward the name in order to raise awareness of issues on the reserve, including government handling of an ongoing land claim and conduct of band officials. The prime minister had until today to accept the nomination and he has not commented on the decision to put forward his name. The campaign for chief and council on the reserve continues until December 11.   Ombudsman for prisons notes blatant discrimination against Aboriginals November 2, 2006 - by Joseph Quesnel Corrections Canada, the agency responsible for the federal prison system, routinely discriminates against Aboriginal offenders, according to a new report by the Correctional Investigator, the federal ombudsman for prisons. The increasing numbers of First Nations, Métis and Inuit people who are being incarcerated only compounds the seriousness of the Report's findings of pervasive discrimination against Aboriginal inmates at every step in the corrections system. The overall federal prison population declined by 12.5 percent from 1996 to 2004, however, the number of First Nations people in federal institutions increased by 21.7 percent, a difference of 34%. The number of incarcerated First Nations women increased a staggering 74.2 percent over the same period. (Corrections and Conditional Release Statistical Overview, December 2004.) Equally alarming, Aboriginal young people are criminalized and jailed at earlier ages and for longer periods of time than non-Aboriginal youth. In 2000, approximately 1,792 or 41.3 percent of all federally incarcerated Aboriginal offenders were 25 years of age or younger. Experts believe that should the current trend continue unchecked, Aboriginal people could comprise 25 percent of Canada's correctional population in less than 10 years, even though they are less than three percent of the adult Canadian population. "First Nations poverty is the single greatest social justice issue in Canada today. Poverty breeds helplessness and hopelessness, which results in far too many of our young men and women committing crimes of despair," said AFN National Chief Phil Fontaine. "Ten years after the Royal Commission on Aboriginal Peoples concluded that 'the justice system has failed Aboriginal people', we have yet another report highlighting the fact that nothing has improved within the corrections system for our people. "Corrections Canada needs to back its words on paper with real action -- more resources, increased accountability, and an ambitious timetable to produce measurable results," said National Chief Fontaine. "We urge the agency to swiftly implement all of the recommendations in the Correctional Investigator's 2006 report, and to finally act on his longstanding call for a Deputy Commissioner for Aboriginal Offenders." Responding to the report, The Native Women's Association of Canada (NWAC) expressed anger and frustration at the continued lack of progress by Corrections Canada on the key recommendations made over 10 years ago by Madam Justice Arbour, following the commission of Inquiry into Certain Events at the Prison for Women in Kingston. NWAC also underscored the critical need for the federal government to place an increased focus on closing the socio-economic gaps between Aboriginal people and other Canadians. "The over-representation of Aboriginal women in federal corrections has worsened. This is a blatant attack on Aboriginal women and the communities they come from. Poverty, inadequate educational opportunities, unemployment, poor living conditions, alcohol abuse and violence all contribute to Aboriginal peoples, especially Aboriginal women, coming into conflict with the law," said NWAC's President, Beverley Jacobs "Many Aboriginal children in the child welfare system go on to become young offenders, and eventually work their way through the criminal justice system. There is a clear correlation between the poor socio-economic status of First Nations, Métis and Inuit families and the over-representation of Aboriginal people in the corrections system," Ms. Jacobs emphasized. The national organizations also expressed alarm at the over-representation of Aboriginal youth in prisons, highlighting young people in urban centres may be especially vulnerable to recruitment into youth gang activity. "Today's report is a wake-up call for Canadians. Warehousing young Aboriginal men and women in our prisons is counterproductive to the best interests of Aboriginal families and communities and counterproductive to sustaining a competitive and prosperous economy," said Ms. Vera Pawis Tabobondung, President of the National Association of Friendship Centres. "Aboriginal children are the fastest growing demographic in Canada and, at a time when the country faces a possible labour shortage as the boomer generation retires, it's in everyone's interest to focus on positive investments that will reduce poverty and improve high school and post secondary graduation rates for First Nation, Métis and Inuit children and youth," she said. The groups noted the importance of the ongoing support and involvement of elders, Aboriginal liaison officers, community representatives and Aboriginal organizations as key to closing the outcome gaps for First Nations, Métis and Inuit offenders highlighted by the Correctional Investigator, and ultimately improving public safety. These disparities include the discriminatory over classification of Aboriginal offenders, especially women. In September 2006, native women made up 45 percent of federally sentenced women in the maximum-security population, 44 percent of the medium-security population and just 18 percent of minimum-security women. The federal ombudsman's report also found that Aboriginal offenders do not benefit equally from rehabilitative programming intended to prepare inmates for eventual release, and various forms of discretionary conditional release such as temporary absences, work releases and parole. The organizations also stressed their opposition to the federal government's proposal to increase the imposition of mandatory minimum sentences which will exacerbate the already huge over-representation of Aboriginal people in the criminal justice system.   Government blasted for non-support of UN Indigenous Peoples Declaration November 1, 2006 - by Joseph Quesnel The federal government is receiving opposition party flak for its continued lack of support of the UN Declaration on the Rights of Indigenous Peoples, which is set to receive final consideration and possible adoption by the UN General Assembly. This past Tuesday, the House Committee on Aboriginal Affairs adopted a resolution calling on the government to support the immediate adoption of the controversial Declaration. The seven members who supported the motion were all from the oppositon Liberal, New Democratic and Bloc Quebecois parties. The three Conservative members opposed the motion. Canada has been joined with the United States, Australia and New Zealand in opposing ratification of the agreement, as they point to controversial provisions that incude references to an undefined right of national self-determination for Aboriginal peoples. The Conservative government has publicly stated that it would prefer provisions of the Declaration be rewritten before it can support the agreement. The government intends to vote against the Declaration when it comes before the UN General Assembly.   This is Indianz.com   California tribes block development near sacred site Tuesday, November 7, 2006 A coalition of northern California tribes secured a court victory on Monday in their campaign to protect one of their most important sites. The Pit River Tribe and the Native Coalition for Medicine Lake Highlands sued to stop the development of a geothermal plant on federal forest land. The highlands are home to the sacred Medicine Lake, which the Pit River, Modoc, Shasta, Karuk and Wintun tribes use for healing powers and to seek spiritual guidance. After an administrative appeal, the tribes lost at the federal court level in February 2004. A judge said Bureau of Land Management and the U.S. Forest Service complied with environmental and historic preservation laws and did not violate their trust responsibility. But in a unanimous decision issued yesterday, the 9th Circuit Court of Appeals reversed. A three-judge panel rejected the extension of leases that would have allowed Calpine Corporation to develop the geothermal plant. "The agencies never took the requisite 'hard look' at whether the Medicine Lake Highlands should be developed for energy at all," Judge Clifford Wallace wrote for the majority. Wallace also said the agencies, at a minimum, shirked their fiduciary duties to the tribe by violating environmental and historic preservation laws. But the court stopped short of endorsing broader obligations to tribal nations under the trust relationship. And in deciding the case on the lease extensions, which were made in 1998, the 9th Circuit largely avoided a politically sensitive issue for the Bush administration and the Republican Party. At the time the tribes were pressing their case, the White House and Vice President Dick Cheney developed an energy policy that called for more development in the West and expedited review of such projects. Citing the policy, the BLM "unilaterally" lifted an existing moratorium on development in the Medicine Lake Highlands, the court noted. The agency didn't offer any public comment on its decision, made in June 2001 after Calpine filed a lawsuit and engaged in significant lobbying effort of new Republican officials in Washington, D.C. Almost a year later, the BLM again extended Calpine's leases in May 2002 for another 40 years. "No additional environmental analysis was undertaken in connection with this extension," the court said. With the support of the Republican-controlled Congress, the White House eventually won passage of the Energy Policy Act of 2005. The law -- in addition to forcing a controversial study of rights-of-way on Indian lands -- made it harder for BLM to reject geothermal leases. The 9th Circuit ruled that the 2005 act did not affect the Pit River Nation's rights to pursue the case. But the court said its ruling didn't apply to the 2001 or 2002 actions of the Bush administration. At a June 2003 hearing before the Senate Indian Affairs Committee, Gene Preston, a Pit River council member, testified against the geothermal. He said the project will yield very little power at the expense of his tribe's cultural survival. "Where is the equation that says trading our culture is worth the gain?" he told the committee. "The profit is privatized while the impacts become the burden of Native Americans, society, animals and future generations." Calpine has since declared bankruptcy. Last fall, the company began work on the geothermal plant but was blocked by BLM and the Forest Service after the Telephone Flat Geothermal Project Oversight Committee, made up of tribes and local groups, raised concerns.   Current Music: Radio (Comment on this)
Tuesday, October 31st, 2006
4:14 pm	News For the week of the 30th October 2006 From First perspective No bottled water for reserve with water not guaranteed as safe October 30, 2006 Senior representatives with Indian Affairs will not back Health Canada's expert Dr. Courteau M.D. who confirmed, late last week, that the water in Attawapiskat First Nation is safe to drink. The expert opinion of Dr. Courteau was the basis of INAC's refusal to provide the community of Attawapiskat with bottled water. Despite using Dr. Courteau's expert opinion to deny Attawapiskat First Nation's request for bottled water, Senior INAC officials refused to sign a letter assuring the community that the water was safe for human consumption last night at a public community meeting held in Attawapiskat First Nation. INAC also remained steadfast in their refusal to provide bottled water to the community. The Chief of Attawapiskat delivered the report of the First Nations Engineering Services Ltd. on Attawapiskat's water portability to the Minister of Indian Affairs on September 15th. The INAC officials present at the community meeting stated they would not sign a letter confirming the safety of the water because they did not have a copy of the water reports and had not reviewed them. INAC relies on its counterpart, Health Canada, for such expert advice and opinion. The Attawapiskat First Nation is leary of any verbal commitments made by INAC to perform the immediate repairs needed at the water treatment plant in the community. INAC has still to come through with verbal commitments made to remediate an oil spill in the community, to demolish a condemned school and to build a new one in its place. Chief Carpenter explained "With INAC's track record, I have no reason to believe that INAC will come through with any verbal commitment made with respect to this issue. Based on previous experience with INAC, our community's distrust should not be a surprise." Attawapiskat Chief Carpenter stated that he had no choice but to interpret INAC's refusal to sign the letters presented to them by the community's working group on water quality, as a statement that they do not concur with Health Canada's opinion that the water is in fact safe to drink. Mushkegowuk Council Grand Chief Stan Louttit, who was a member of Canada's Expert Water Panel mandated to travel the country hearing concerns about water quality in First Nation communities, stated that he could not understand INAC's reluctance to provide the community with the assurance it needs, "I hear INAC saying the water is unsafe…and I will work with Chief Carpenter and Attawapiskat to find a resolution to this issue." Attawapiskat Deputy Chief Miriam Wesley reminded INAC that many issues were brought to INAC's attention upon the beginning of the Council's term in 2004; "We brought these issues to your attention, INAC asked 'what is it you want, Chief?' Chief Carpenter informed you of the most pressing issues faced by our community. Now we are in our 3rd year and our term ends this summer and still nothing has been done - it's like working with a turtle. We can't wait anymore." The school has been closed due to the community state of emergency declared by the Chief and Council. Immediate repairs of the water treatment plant are required and had INAC signed the letter concurring with Health Canada's opinion that the water was safe, the children of the community would not be at risk of losing their school year. As a result of the impasse of last night's meeting, the Chief and Council felt they had no choice but to uphold the declaration of a State of Emergency meaning the school remains closed.     Police Commissioner admits inability to solve Caledonia crisis. October 30, 2006 - by Joseph Quesnel Ontario’s newly-appointed police commissioner has stated publicly that the Caledonia standoff in southern Ontario is beyond his ability to resolve. Julian Fantino told reporters at a press conference at Ontario Provincial Police headquarters (OPP) in Orillia that the issues involved are too complex to be resolved by police alone. "It doesn't make sense to me that you would hold me accountable for resolving something that is way, way beyond any scope that I could have," Fantino said to those assembled. "The police, I believe, are there, will be there, to preserve the peace," he added. Aboriginals from the Six Nations have been occupying a site on the Douglas Estates in Caledonia since February. Non-Aboriginal residents of Caledonia have been openly critical of OPP officers who have handled the sitation, arguing that they have been lenient on First Nation protesters who have reportedly broken the law. Police recently arrested two non-Aboriginal protesters at a rally. In a media account, it was reported that Caledonia residents had been hopeful Fantino, who has earned a reputation as a law-and-order enforcer in Toronto, would have taken a tougher stance on the issue and changed police policy.   Elections Canada clears Saskatchewan reserve of electoral irregularities October 25, 2006 - by Joseph Quesnel A Cree reserve community located in northern Saskatchewan has been cleared of any electoral wrong doing by officials with Elections Canada. The small reserve community is located in the Desnethé­Missinippi­Churchill River federal riding where a Conservative challenger was defeated by 73 votes in the last federal election. The election irregularities were brought to the attention of Elections Canada, which completed an investigation report on October 25. Band administration officials as well as other individuals with the Ahtahkakoop First Nation were alleged to have engaged in partisan vote-buying activities during the election. During the election, it was brought to the attention of the public that everyone who voted was entered into a draw for a TV, portable stereo and a DVD player. One band officials said that the raffle was not limited to those who voted Liberal and was designed to encourage voting within the community. Elections Canada largely agreed with that reasoning in its judgment. The charge of allowing political material at polling stations on election day was also raised. Elections Canada officials, however, argued that while this was “regrettable,” it did not impact the election or its results in any measurable way. The report also dismissed allegations that a discrepancy between the official electors list and the actual voting turnout. Investigations said this was due to an increase in election-day registrations of individuals who were not on the official list, among other reasons. In its report, Elections Canada said clearly that they found no evidence of direct vote buying on the reserve. "The investigation has shown that the draw was nothing other than a non-partisan initiative to encourage everyone living on the reserve to vote. The draw did not interfere with the electoral process," it reads. "Based on the results of the investigation, the Commissioner has concluded that there was no evidence of wrongdoing that affected the outcome of the vote in Desnethé­Missinippi­Churchill River during the federal election held on January 23, 2006."   Feds tell Ontario no dough for Caledonia crisis October 25, 2006 - by Joseph Quesnel Ottawa will not be providing any compensation for the policing bill associated with the Caledonia dispute, confirmed a spokesperson with Indian Affairs recently. Ontario has asked that the federal government cover some of the costs associated with policing the disputed site that has been occupied by Six Nations protesters since February. The province argues that the federal government should shoulder some of the cost as Aboriginal land claims issues is a federal responsibility. Ontario Premier Dalton McGuinty said Ontario could seek at least $25 million from the federal government to cover the costs of the Caledonia standoff. However, those same sources say the final bill will likely be much higher once police overtime is included in the calculation. One estimate places the final total at around $40 million. According to one media report, Ontario taxpayers are already on the hook for more than $20 million through the government’s controversial purchase of the disputed land, the reimbursement of Caledonia area businesses affected by the standoff and the payment of $1,300 a day to provincial negotiator Jane Stewart.   Aboriginal education system coming to Anishinabek Nation by 2008 October 24, 2006 - by Joseph Quesnel Member communities of the Anishinabek Nation in Ontario are poised to establish their own independent Aboriginal education system by the year 2008, says the grand council chief of the Ontario-based organization. "We've been working on this agreement for the past seven years," says Grand Council Chief John Beaucage of the Union of Ontario Indians. The group acts as the secretariat for the 42 communities that comprise the Anishinabek Nation. Members of the organization met recently for a three-day symposium entitled ""Anishinaabe Kinomaadswin Nongo - Anishinaabe Pane", which translates to "Anishinaabe Education Today - Forever Anishinaabe." At the symposium, Anishinabek educators met and discussed how to implement the Aboriginal education system in Ontario. The deal as envisioned will involve placing the education system under Anishinabek control and will involve the establishment of Ojibway as the official language of instruction at the schools. Most controversially, the agreement will involve placing the system outside of the sections of the Indian Act that deal with education. According to Beaucage, the organization has already signed a framework agreement and an agreement-in-principle with the Province of Ontario. The last stage, he says, will be the inking of a final agreement. This, he says, will be done by the end of this year. A vote on a final agreement by the 42 Anishinabek member communities is expected to take place as early as September 2007. Although the agreement will see the establishment of a final agreement by year's end, the entire process of bringing in a parallel system will take time. "We have a ten-year implementation plan," he says, pointing to the slow establishment of new Anishinabek school boards over 10 years after the final agreement is in place. Moreover, ensuring that the Ojibway language is central will be a challenge, he says. "We do have quite a number of students who are fluent, but teachers who are non-fluent in Ojibway are the majority. We will have to work with the teacher's college on this." Beaucage points to the example of the State of New Mexico in the United States where Navaho Indians were able to secure an agreement with the University of New Mexico to build teacher fluency in their Aboriginal language. While they were developing the agreement, Beaucage says, the organization has been working with its member communities in ensuring their support. So far, he says, 28 communities of the 42 Anishinabek communities have passed band-level resolutions in support of an Anishinabke education system. Beaucage says he is confident at least 10 more communities will come on board once the final agreement is ratified. The communities that have not come aboard, he says, have concerns about the new system being placed outside of the Indian Act. "There is a certain degree of comfort with the Indian Act," says Beaucage. Other communities, he says, are very concerned about how the new Aboriginal school board system will be funded. Beaucage, however, says that the Union of Ontario Indians conducted comparative studies on the proposed Anishinabek system as compared to Ontario's current non-Aboriginal system. The study revealed, he says, that the Anishinabek system would be less expensive to operate because it would involve fewer school boards than in the mainstream Ontario system. At the moment, he says his organization is looking at settinng up seven Anishinabek school boards across Northern and southern Ontario. Any new system, he says, would base its funding model on school size and population figures, as is the case in Ontario. But the parallels with the Ontario system, he says, do not end there. Concerns that the new system would place Anishinabek students outside of the mainstream of Ontario system are also unfounded, says Beaucage. Although the curriculum will include a significant Ojibway element and will emphasize Anishinabek culture and history, it will place the Ontario curriculum at the centre. The aim of the making the systems parallel, he adds, is to ensure that students from the Anishinabek system can smoothly enter the Ontario system if need be and vice versa. "If a Grade 5 student needs to move out of the system, they will be able to move easily into school," he says. For Beacuage and other officials within the Anishinabek Nation, the task of devolution and self-government does not end there. Beyond education, Beaucage says his organization has been working with the province in securing independent governance structures, economy, land and resources, as well as health care. Having their own system, he says, is part of his desire to see the Anishinabek Nation move beyond the confines of the Indian Act. "I have very little use for the Indian Act. If we get rid of it totally, the better off we will be."   From Indianz.com   Tribal trust claims face challenge from Bush Tuesday, October 31, 2006 Tribes with billions of dollars in trust mismanagement claims will face additional challenges from the Bush administration when lawmakers go back to work in a couple of weeks. More than two dozen tribes have filed breach of trust lawsuits in federal courts. Dozens more are considering their own claims over mismanaged funds and assets, such as oil, gas and timber resources. Both types of cases could be wiped away if the administration can convince Congress to implement a set of sweeping trust reform proposals. "If approved, these changes would chip away at the trust responsibility of the federal government to the Indian tribes, and would likely lead to even greater cuts in Indian programs," said Mark Chino, the president of the Mescalero Apache Nation of New Mexico. Chino sounded alarms on the "briefing paper" released by the Senate Indian Affairs Committee last week. He said the proposed changes -- described by staffers as potentially critical in order to pass the bill -- would "relieve" the federal government of its liability and place more burdens on tribes and individual Indians. "Indian tribes must band together in opposition to this very dangerous proposal," he said yesterday. But that's not the only challenge tribes are facing when Congress returns after the November 7 elections. The deadline to file historical accounting claims for mismanaged funds will run out December 31 unless it is extended by law. Congress has easily extended the deadline in recent years in order to give tribes more time to consider lawsuits. The Bush administration was supportive in hopes of encouraging settlement talks. That changed, however, last year. "The administration opposes any further extensions," the Department of Justice said in response to a bill that would have extended the deadline to December 2011. Bush officials say tribes have been given more than enough time to consider the Arthur Andersen reports that were prepared by the now-defunct accounting firm back in the 1990s. "Under these circumstances, we believe that further delay in presentation of these claims is not in the public interest," DOJ said. Paul Little, a council member for the Oglala Sioux Tribe of South Dakota and president of the Great Plains Tribal Water Alliance, said tribal claims potentially run in the "billions of dollars." His organization held a meeting in Rapid City last month to warn tribes about the pending deadline. "It will add insult to injury," if the deadline passes without some form of action, he said. "Tribes have to wake up and defend their people on these survival issues." The Arthur Andersen reports were the first major accounting of the tribal trust accounts, which currently hold more than $3 billion in revenues derived from natural resource development, land claim settlements, leases and judgment or per capita funds. But the project was severely hindered by the lack of records. It only covered the years 1973 through 1992 even though some trust accounts date to the early 1900s. Arthur Andersen also relied on information contained in an outdated computer system that even former Interior Secretary of Interior Gale Norton and other top officials have acknowledged is inaccurate. Even with those limitations, the firm reported $2.3 billion in unaccounted transactions. That has led the General Accountability Office to tell Congress that a full historical accounting is "impossible." That hasn't stopped government lawyers from arguing the project fulfilled the fiduciary duty to account. In the Osage Nation's landmark case, the government tried to bar the tribe from raising certain claims that went beyond the Andersen report, which said the tribe wasn't paid at least $791,046.37 in royalties. Current Music: CKUT Radio (Comment on this)
Tuesday, October 24th, 2006
4:06 pm	News for the week of the 23rd From First perspective news Winnipeg mayoral candidate unveils Aboriginal platform October 23, 2006 - by Joseph Quesnel With two days left until Winnipeg’s civic election, mayoral candidate Marianne Cerilli unveiled her Aboriginal platform today. The unveiling of the platform took place inside the Aboriginal Centre of Winnipeg on Higgins Avenue to an assembled crowd of Aboriginal and media representatives. Pointing to the Aboriginal community as the fastest growing in Winnipeg, Cerilli said she intends to improve the economic standing of the community. In particular, she mentioned five specific priorities for Aboriginal peoples. The first, she said, is to promote the hiring and retention of Aboriginal workers. "We need an aggressive employment equity program to ensure that Aboriginals are represented," she said. Ensuring Aboriginals are represented on advistory boards to the city was also a top priority, Cerilli said. "Every advisory board needs Aboriginal representation," she said, pointing to the police commission as one area that needs a First Nations voice. A local First Nation member, however, even questioned the value of a police commission in helping to prevent police “brutality” against Aboriginals, citing the example of a recent youth who alleged he was rough handled by a Winnipeg police officer. Cerilli said she had spoken to the youth involved and committed to making the commission work. She also mentioned that emphasizing rehabilitation and working with youth as a way to help deal with Aboriginal crime. "You can’t expect the police to solve every problem," she said. In the way of economic development for Aboriginals, she also stressed that one of her other top priorities is to promote Aboriginal economic development zones that will assist Aboriginal entrepreneurs and businesses. One reporter present questioned how Cerilli’s economic development zone idea will be different than that of the other two leading candidates. "I am an activist and I get things done," she said, in reply, stressing her community activist roots. Also of note was a pledge to use all publicly owned surplus land in the City of Winnipeg for Aboriginal economic development. Currently, several First Nations reserves in Manitoba are looking at surplus land in Winnipeg as part of their treaty land entitlement process. As part of her campaign promises, Cerilli also promised to collaborate closely with Aboriginal organizations. In particular, she looked to the Manitoba Urban Native Housing Association as an example of an organization they hoped to work with in addressing housing shortages among Aboriginals. “Aboriginals face an underhousing problem and the housing needs to be improved,” she stressed. When asked about the timing of her the unveiling of her Aboriginal platform, she cited examples of other announcement she has made that pertained to Aboriginals. “We have been making all these announcements throughout the campaign. I am the only candidate who has made announcements about dealing with Aboriginal housing. Six Nations to present evidence of land ownership in Caledonia October 22, 2006 - by Joseph Quesnel Six Nations officials have said they will present evidence very shortly that will prove they never surrendered land that is in dispute in Caledonia. The evidence will be presented at a public forum in early November, according to one media report. At a recent public meeting organized by the Caledonia Citizens Alliance, Aboriginal members associated with the Douglas Estates occupation said the Argyle Street South site in question was not surrendered in the 1840s. Lawyers hired by the federal government, however, also said that they have documents pointing to a surrender of the property. One lawyer indicated that if the evidence provided by the Six Nations is not persuasive, the government will not change its position, which is that the land was legally surrendered in 1844 and can be transferred. At the meeting, federal negotiators were not able to inform local residents when the negotiations would be over or when the occupation of the site would cease. Tories prepare to change First Nation matrimonial property laws October 20, 2006 - by Joseph Quesnel The Conservative government has made its intention known that it will introduce a law this spring to protect the property rights of Aboriginal women in the event of separation or divorce, although some Aboriginal critics are wondering how the government will enforce the law on First Nation communities. "Our objective will be to remove the human rights vacuum existing for Aboriginal women," said Indian Affairs Minister Jim Prentice, in a recent press conference. "This will be about empowering First Nation women." At present, when there is a breakdown of a marriage or common law relationship on reserve, there is no legal provision for an equitable division of the matrimonial real property, that is the family home and the land on which it is situated. The Indian Act, which governs most aspects of reserve life, is silent on the issue. The goal of the consultations is aimed at filling this legislative void and ensuring the welfare and security of families living on reserves. Prentice will be accompanied by Beverley Jacobs, President of the Native Women's Association of Canada (NWAC), and Phil Fontaine, National Chief of the Assembly of First Nations (AFN), as the government launches the second phase of a national consultation process on the issue of the division of matrimonial real property on reserve. During this phase, consultation and dialogue sessions will take place in communities across the country. The consultations are scheduled to end in January 2007, after which, Wendy Grant-John, the Ministerial Representative appointed on June 20, 2006, will provide a final report, with recommendations, to Minister Prentice. Prentice has expressed his confidence in Grant-John to perform the job she was assigned to do. A former BC Musqueam chief and accomplished businesswoman, Grant-John believes that the current move to change Aboriginal matrimonial property rights is the next evolution in a process that began more than 20 years when Aboriginal women were able to re-gain their Indian status after losing it through marriage. "The issue of matrimonial real property on-reserve is highly complex, but its impact on a number of First Nation families has been simply devastating," said Minister Prentice. "This joint initiative with the AFN and NWAC is a major advancement in addressing a situation that is unacceptable. Through our combined efforts, I am confident that we will be able to introduce measures that will reflect real change in First Nations communities across the country." When pressed about enforcement by one vocal Aboriginal activist, Prentice stated that those issues will be dealt with in due course. "Those issues will be addressed throuigh the consultation process," he said, stressing that he has the support of Aboriginal organizations to implement the new legislation. Prentice also dodged questions about the ultimate intention of the legislation. One First Nation reporter questioned whether the legal chance was part of a wider Conservative strategy to bring private property onto reserves and "undermine" collective rights. Prentice insisted, however, that the law stood on its own and that it will "not impact the holdings of property that is collectively held." Prenice stressed that the issue came out human rights committee hearings in the past, but that the current laws aims to actually implement the findings of that committee. "The committee was about whether or not there is an issue. We've moved beyond that," he said. The AFN will conduct dialogue sessions with representatives of over 630 First Nations, NWAC will ensure that the voices of women are heard, and INAC will consult with the provinces, territories and other interested organizations not represented by NWAC and AFN. As Ministerial Representative, Ms. Grant-John will help facilitate these sessions, oversee progress and ensure the sharing of results in the effort to find a solution. "Today marks an important first step towards finding solutions from Aboriginal women and their children who have survived the conditions imposed on them from not having access to their home," said NWAC President Beverley Jacobs. "We need to apply First Nations solutions that are based on our traditions, that accommodate human rights, and acknowledge the traditionally strong role of First Nations women in our communities," said AFN National Chief Phil Fontaine. "The AFN is ensuring that it has the necessary resources to engage in an effective dialogue because resolving this issue means finding solutions that go beyond the mere division of matrimonial real property on reserve." Since the appointment of the Ministerial Representative on June 20, INAC, AFN and NWAC have been working with Grant-John to develop and finalize their respective consultation plans. To date, a consensus has already emerged on the need to settle the issue of the division of matrimonial property on reserves as quickly as possible. House votes to force Tories to pursue Kelowna Accord October 19, 2006 - by Joseph Quesnel Former Prime Minister Paul Martin has won oppostion support for a private member’s bill he sponsored that would call upon the Conservative government to implement the terms of the Kelowna Accord. Martin's bill, which would force the federal government to finance the $5.1-billion aboriginal pact, passed 159-123 this past Wednesday with the support of Liberal, New Democrat and Bloc Quebecois MPs, who have all supported the Accord in the past. Conservative MP, however, voted strongly against the motion. The Conservatives have funded Aboriginal programs in their recent budget, but have opposed the Kelowna Accord, arguing it lacked accountability mechanisms and was an election "gimmick." The agreement involving the federal government, Aboriginal leaders, and provincial premiers was the result of 18 months of negotiations and committed the government to reducing the gap between Aboriginals and non-Aboriginals in several areas, including education, health care, housing and employment. The private member’s bill will now be returned to the all-party Aboriginal Affairs committee for study before returning back to the House of Commons for a final vote. Alberta premier candidate wants to cancel Métis harvesting agreement October 18, 2006 - by Joseph Quesnel A leading contender to replace Alberta Premier Ralph Klein has said that if he is elected Premier of Alberta he will move to cancel an interim Métis harvesting agreement signed by the province in 2004. Ted Morton, a current Member of Legislative Assembly in Alberta, has indicated that he does not support the current agreement as ratified, arguing that it is bad for conservation in the province. In a recent poll, Morton was tied with candidate Lyle Oberg at 17 per cent of support. Jim Dinning is also a leading candidate in the Progressive Conservative race. "By allowing virtually unrestricted year-round hunting and fishing for 28,000 Albertans with Métis ancestry, the IMHA will undermine Alberta’s world-class fish and game conservation policies," he said, in a recent press release. He also said he was opposed to the agreement as it was devised in "virtual secrecy" from the public and was largely unknown after the most recent provincial election. Morton also attacked the harvesting agreement as being racially divisive. "It also introduces a dangerous policy of extending rights based on race, something Albertans have always rejected in favour of equal rights for all, regardless of race, colour or creed." He also contended that since the agreement was ratified, hundreds of complaints have been made about its enforcement. In particular, he pointed to stories of "trophy big horn sheep being shot in their easily accessible winter grazing areas and pregnant cow moose shot alongside roads." As premier, Morton stated he would issue a 60-day notice of his intention to revoke the interim agreement, after which he said he would work to implement a recent MLA committee report that recommended sweeping changes to the agreement. It is widely expected the leadership vote to replace the Progressive Conservative leader will take place on November 25 and a runoff ballot, if necessary, would be held on December 2. Kanasatake may be in for criminal probe for misuse of policing funds October 18, 2006 - by Joseph Quesnel Public Safety Minister Stockwell Day has indicated the possibility of a criminal investigation into alleged mismanagement of public funds between 2003 and 2005 for policing on the Aboriginal community of Kanasatake, Quebec. Day made the comments to reporters when he was questioned about a recent draft audit prepared for his department on money spent on the small reserve community before and after the January 2004 Oka crisis that engulfed the country. At the time, the community’s grand chief, James Gabriel, was reported to have increased its focus on eliminating organized crime. According to the draft report, about $9 million in public funds were mismanaged by the community in its policing pursuits. "We’re very upset with this, very disturbed by the misappropriation that seems to have been going on, and unlike the former Liberal regime, we won’t be quiet about this," said Day, in one media report. A final audit of the costs associated with policing will not be available for another two weeks, after which Day is expected to announce the government's course of action. Ontario investigates cigarette ads near Aboriginal communities October 17, 2006 - by Joseph Quesnel Cigarette billboards close to a Six Nations community could be the new target of a federal investigation. At the prompting of the Ontario government, Ottawa will be looking into the advertising after Jim Watson, the Ontario minister responsible for health, raised the issue at a weekly Liberal caucus meeting. The lighted signs and billboards, which line a highway leading to the southern Ontario reserve near the town of Caledonia, Ont., advertise Aboriginal-made cigarettes for sale on the reserve. The government said the advertising blatatly prompts illicit cigarette manufacturing on reserves. "These clearly, in our opinion, are a breach of the federal advertising law," said Watson, to media assembled. Provincial authorities also took aim at what they saw as a blatant encouragement of youth to take up smoking through the advertising. Watson mentioned in one media report that since Ontario’s anti-smking law does not apply to First Nation reserves, the federal government should take leadership on the issue as they regulate federal tobacco advertising. The government has also indicated that it will be investing whether the First Nation billboards violate Ontario’s Highway Traffic Act. The announcement of the investigation comes after a study indicated that as much as 95 per cent of illegal cigarette sold nationally come from Aboriginal reserves. This is from indianz. com Bush seeks dramatic changes to Cobell settlement Tuesday, October 24, 2006 The Bush administration is proposing sweeping changes to the Cobell settlement bill that would phase out the federal government's trust management responsibilities and force consolidation of Indian lands. Within 10 years, the Interior Department would no longer manage the 54 million acres held in trust for individual Indians and tribes. The goal is to turn the system into a "beneficiary-managed" trust for which the United States cannot be held liable for any damage claims. To facilitate the major shift, the administration wants to consolidate the Indian land base through voluntary and involuntary mechanisms. Highly fractionated parcels would be whittled down to just 10 owners in the next 10 years. And the administration is asking Congress to resolve all tribal trust claims in addition to the Cobell suit over the Individual Indian Money trust. Takings claims, land claims and environmental claims would not be affected. These proposals were contained in a briefing paper released by the Senate Indian Affairs Committee on Monday. Sen. John McCain (R-Arizona), the chairman, and Sen. Byron Dorgan (D-North Dakota), the vice chairman, have not approved the changes. But the leaders are asking Indian Country for their comments on the ideas, which mark the first time in over a year that the Bush administration has responded to the Cobell settlement bill. "To gain support for a multi-billion dollar bill, it may be necessary to incorporate significant changes to the management system for Indian trust assets.  As proposed, these changes would not remove the trust status of Indian lands, but would reallocate significant decision-making authority and legal responsibility from the federal government to the Indian tribes and individuals," the briefing paper states. The document, also called "New Issues for S.1439," did not attribute the proposals to any particular party. But the Cobell plaintiffs tied them to the administration, whose officials have raised similar ideas in the past about the Indian trust system. Jim Cason, the associate deputy secretary at Interior, has advocated for the resolution of all tribal and individual Indian trust claims. David Bernhardt, the recently-confirmed solicitor, has lobbied Congress to limit the liability of the United States. Cason's testimony to the committee on July 26, 2005, also outlined each of the proposals now up for debate as Congressional staff hold meetings across the country to get input on the bill. The first meeting took place in Tulsa, Oklahoma, yesterday. The last will be held November 9 at the Senate Russell Office Building in Washington, D.C. Other meetings have been scheduled in Cabazon, California (October 24); Rapid City, South Dakota (October 25); Albuquerque, New Mexico (October 31); and Bismarck, North Dakota (November 2). Congress returns to work on November 13 after the elections. Lawmakers will dedicate most of their time to passing the appropriations bills that keep the government operating. The outlook prompted one Democratic staffers on the committee to label chances for the bill's passage as "dire." But a Republican staffer was more optimistic when both spoke at the National Congress of American Indians annual conference earlier this month. Either way, McCain and Dorgan have tied the delay to the Bush administration. "I think it's incomprehensible that the administration would not be able to come up with at least a response with what is a product of years of effort on the part of this committee and the interested parties," McCain said in September. Dorgan said Interior Secretary Dirk Kempthorne and Attorney General Alberto Gonzales have been cooperative. "It's the White House and the Office of Management and Budget that have not given us a number," Dorgan said via video at NCAI. The Cobell case was filed in June 1996. The federal courts have affirmed the duty of the federal government to account for billions of dollars that have passed through the system. More than two dozen tribes subsequently filed lawsuits for accounting, mismanagement and related claims. But some cases -- notably the Navajo Nation's $1.8 billion claim -- have been pending in court for years longer than Cobell or the more recent tribal suits Appeals court limits NIGC's role in Class III gaming Monday, October 23, 2006 Efforts to overhaul the $23 billion Indian gaming industry were reignited on Friday with an appeals court decision that limits the role of federal regulators. The National Indian Gaming Commission has been pushing Congress to increase its authority over tribal casinos. Officials want to tell tribes how to operate Class III games such as slot machines, poker and blackjack. But the D.C. Circuit Court of Appeals said the most lucrative form of gaming is regulated by tribal laws and tribal-state compacts. In a unanimous decision, a three-judge panel couldn't find anything in the Indian Gaming Regulatory Act that gives NIGC a role. "Even now the commission concedes that no provision of the act explicitly grants it the power to impose operational standards on class III gaming," Judge A. Raymond Randolph wrote for the majority. The ruling is a major win for the Colorado River Indian Tribes of Arizona. Backed by the largest tribal gaming organization and others around the country, the CRIT lawsuit questioned the NIGC's authority to issue the Minimum Internal Control Standards (MICS), a set of complex and comprehensive rules that address nearly every single aspect of casino gaming. "Today, the federal court of appeals told us what Indian tribes always knew -- it is not the NIGC's job to establish federal regulations that override the sovereign decisions of tribes and states made through Class III gaming compacts," said NIGA Chairman Ernie Stevens Jr. The victory, however, could be short lived as the decision plays into controversial efforts by Sen. John McCain (R-Arizona) to overhaul IGRA. Last fall, he introduced a bill that would grant the NIGC the authority that a slew of judges have said it lacks. McCain, the chairman of the Senate Indian Affairs Committee, has questioned the "logic" of the lawsuit. "The purpose of IGRA was to regulate Class III gaming," he said at a hearing in April 2005. But the D.C. Circuit quoted language from the Senate committee's report on IGRA that contradicted McCain, one of the authors of the law. The report stated "there is no adequate federal regulatory system in place for class III gaming, nor do tribes have such systems for the regulation of class III gaming currently in place." "Thus a logical choice is to make use of existing state regulatory systems," the report stated. The court noted that tribal laws and Arizona tribal-state compact address regulation of Class III games. "Both the ordinance and the compact contain their own internal control standards," Randolph wrote. "The state of Arizona monitors the tribe's compliance with the standards, for which the Tribe reimburses the state about $250,000 per year," he continued. "The tribe's gaming agency employs twenty-nine employees and has an annual budget of $1.2 million." McCain's bill, S.2078, is currently subject to a dozen holds in the Senate. The objections, from all sides of the debate, make passage before the end of the year highly unlikely. But former Sen. Ben Nighthorse Campbell (R-Colorado) said it's possible that the bill, or even parts of it, could be revived after the November elections. "I know the rules in the Senate," Campbell said at the National Congress of American Indians annual conference earlier this month. "That could be attached to anything." The NIGC recently issued a new version of the MICS over tribal objections. NIGC Chairman Phil Hogen has asserted that the litigation only applies to CRIT and that all other tribes must still comply with the rules. The NIGC still has the power to review tribal gaming ordinances and tribal gaming management contracts. Under IGRA, the Bureau of Indian Affairs has the authority to approve or disapprove tribal-state gaming compacts. The MICS were first issued in 1999. The NIGC sought to audit the CRIT Blue Water Resort and Casino in order to determine whether the facility complied with the regulations. The tribe challenged the audit, first before the Interior Department's Office of Hearings and Appeals. An administrative law judge ruled that the NIGC's attempt to enforce the MICS infringed on tribal and state sovereignty. Officials at the NIGC refused to accept the decision, so they fined the tribe. Under a settlement, the tribe agreed to pay the fine but reserved a court challenge to IGRA.     (Comment on this)
Tuesday, October 10th, 2006
5:32 pm	News for the week of October 9th, 2006 Overflow crowd causes delay into residential school hearings October 5, 2006 - by Joseph Quesnel Hearings into a residential school compensation package were delayed today at a Winnipeg courthouse creating anger and frustration among many First Nation survivors who were in attendance. The hearings are taking place today and tomorrow at the Manitoba Court of Queen’s Bench. It is one of nine hearings taking place across the country to discuss the deal. The deal involves a $1.9 billion settlement for individual survivors of residential schools. The hearing was postponed after security quickly discovered that there were too many survivors and relatives in attendance to fit into the courtroom. Security had to allow one in person at a time and many left in frustration. Originally scheduled to begin at 10 a.m., the hearings did not finally get under way under 1 pm. Many of those who were asked to remain outside the courtroom had travelled great distances to get to the hearing. Many came from isolated First Nation communities in northern Manitoba and one woman said she had come from Minneapolis, Minnesota to attend the hearings. Ken Young, a lawyer for the Assembly of First Nations, took the time to explain the agreement to those assembled outside the packed courtroom and answered questions pertaining to the hearing. Some survivors, however, only wanted to be afforded the opportunity to tell their experiences and scrutinize the deal that was made between the federal government and Aboriginal political organizations. "I’m not here to hear the lawyers speak on behalf of me. We’ve been waiting for 10 years on this residential school issue. I want action now. It looks like we’ll be waiting forever or until we die," said Lawrence Smith, a 79-year-old school survivor from Scanterbury, Manitoba. BC First Nation levies own version of GST October 5, 2006 - by Joseph Quesnel Move over GST. Make way for the FNGST. Members of a British Columbia First Nation community will no longer be shelling out the federal goods and services tax to the federal government as the community has replaced the tax with its own levy. Tsawout First Nation brought in the new First Nations goods and services tax (FNGST) on October 1. The FNGST is a six per cent tax on taxable supplies of goods and services on some First Nations lands. The tax applies when a band council of a First Nation passes its own law imposing FNGST. The Canada Revenue Agency then administers the tax on behalf of the First Nation community. Everyone who buys goods or services on the reserve will be subject to the tax. "Tsawout First Nation is the first Band south of 60 to assert tax jurisdiction over all goods and services sold on its lands. I'm proud of our efforts to develop a new fiscal relationship with Canada that will help us support a strong community. Revenues from the Tsawout FNGST will benefit our community and the local economy," said Tsawout First Nation Chief Allan Claxton, in a press release. Band officials estimated the tax would bring in about $1.3 million to the community. To ease the burden of the tax, rebates on the tax will be issued to band members. It has also been assured, said Claxton, that the 500 members, both on and off reserve, will receive about $100 in rebate for paying the tax. Those in government stated that the new tax will go towards economic development, as well as the building of a health centre in the region. Film attempts to capture epic story of Elijah Harper October 4, 2006 - by Joseph Quesnel When CTV production executive Robert Hardy was younger, he was a tour guide at the Manitoba Legislature during the time Elijah Harper staged his famous refusal of the Meech Lake Accord. "It was an exciting time," he says, looking around at the familiar architecture of the building. For him to be involved in the production of a film that chronicles Elijah Harper's rise to prominence is a great honour, he says. "This is really important part of history. It's one of the first times Aboriginal people stood up and had their voices heard. History was made without gunfire, but by someone who stood up with a feather and said no." Hardy is convinced that the production will be successful and that it will teach Canadians about a difficult, but interesting, point in their history. Filming occurred around Winnipeg and included several days of shooting on location at the Legislature. It is expected that taping in Winnipeg will continue until the end of September. The film, which will simply be called Elijah, is being co-produced by Anagram Pictures and Eagle Vision, in working with CTV, and includes involvement with APTN and other organizations. To understand the time being depicted, those in production also went to great lengths to bring authenticity to the words and portrayals. "We had spiritual advice about the production and Elijah Harper himself looked at the script and signed off on it. We also had someone bless the concept of the production, as well as the script itself," said Lisa Meeches, a producer with Eagle Vision. Meeches also said the production was a good opportunity for Aboriginal actors to "upgrade their skills" and they tried to include as many First Nations in every department as possible. Some of the actors involved took their historic roles very seriously in preparing for production. Glenn Gould, who grew up in Nova Scotia, says he had to learn the accent of a central Canadian Aborginal in order to depict Phil Fontaine. "Actually, I originally auditioned to play the role of Elijah Harper," he says. "I had to tape myself and I actually imitated Phil Fontaine for the audition. I tried Elijah's accent, but it wasn't believable." He also mentions that he spoke with some of Phil Fontaine's closest aides in order to understand his character. Meeches also said she was able to sit in on all of the auditions for the major players in the film. For a smaller production, Elijah was able to assemble a well-known cast, including Glenn Gould, who played in Da Vinci's Inquest, as well as Lorne Cardinal and Garbielle Miller of Corner Gas fame. Billy Merasty, a renowned actor and playwright, plays the central role of Elijah Harper. Although the story of Elijah Harper tells an important story in terms of Canada's constitutional history, Blake Corbet, the production's writer and executive producer, says it was the tone of the production that caught CTV's attention and would eventually convince them to produce it. "The executive in charge felt it was a novel approach to an important Canadian story," he says. Here is the unsung hero who is the centre of attention. It's more of a humourous pitch or a Gulliver's Travel type of tale." The satiric and comedic tone of the film, he says, is what grabbed the producer's attention. "The story is told in a very earnest and kitchen's sink and realistic kind of way." Corbet says he wrote the script at a time in his life when he was following Canadian politics more closely. He also says he was a typical adolescent living in Calgary who did not really understand the plight of Aboriginals. "There is an irony in all of this with two white guys talking about two founding nations and an Aboriginal guy comes up the middle saying they weren't the founding nations." Through influences from his mother, who was taking courses that focused on Aboriginal history, and his own influences, Corbet says he came to believe that Canadians were living on "stolen land and that the two founding nations theory was complete bullshit." The most difficult part of producing the script, he adds, was in presenting the story of a time period that included so many different events and personalities. "The concern I had was in finding a point of view to tell the story and to boil down a mountain of information. This could have been a mini-series, " he laughs. "It was a momumental task to exclude so much." For CTV production executive Hardy, however, Corbet has captured the essence of the story that he witnessed as it was played out and has found a balance between historical fact and interesting drama. "It is a beautifully-written script. It's not your typical story about constitutional history, it's very dramatic," he says. This From Indianz.com Authorities identify 13 victims of rapist on Indian reservation Amanda Lee Myers Associated Press Oct. 9, 2006 10:33 PM FORT APACHE INDIAN RESERVATION - A man in a dark shirt and hat emblazoned POLICE has raped 12 girls and a young woman after "arresting" them - a string of attacks that has made people on the reservation suspicious of even the real officers investigating the case. The victim count was increased to 13 from 11 on Monday after authorities tied two attacks in July to the rapist, said Warren Youngman, assistant agent in charge at the U.S. Bureau of Indian Affairs. The exact ages of the victims have not being released because it's part of the investigation, according to authorities. advertisement Residents of the tribal capital of Whiteriver are bolting their doors, walking in pairs and demanding their children are inside by sundown. "It's unsettling," said Gwendena Real Bird, who has a 5-year-old daughter. "It makes you very uneasy. I just can't fathom the trauma those girls experienced." The phony police officer has been attacking victims since March on a dusty trail that winds behind more than 100 homes in Whiteriver. He tells his victims they are under arrest, then handcuffs and rapes them. At first, nine of the 11 victims did not report that they had been attacked because they thought a police officer raped them. Eight came forward only when investigators canvassed the neighborhood recently to tell residents what was happening. Police found another victim after receiving an anonymous call. "It has created an atmosphere of fear," Youngman said. "When we did our neighborhood canvassing, we had people afraid of our officers." Whiteriver, population 5,220, is the headquarters of the White Mountain Apache Tribe. It is the largest community on the Fort Apache Reservation, which covers more than 1.5 million acres in Arizona. The rapes have occurred between 10 p.m. and 2 a.m. on or near a two-mile trail that Whiteriver residents use as a shortcut to travel among six subdivisions - One Step Over, Dark Shadows, Lifesavers, Bengay, Another World and Chinatown. (As for how some of the communities got their names, One Step Over and Dark Shadows are near a cemetery; Lifesavers has brightly colored houses; and Bengay has a large number of senior citizens.) Many of the homes are dilapidated, with sheets substituting for windows and walls cracked with age. Dogs roam the streets. The trail and the thick vegetation serve as a hiding place for teenagers who ditch school, drink and do drugs. Teens commonly walk the trail by themselves at night, either on their way home from hanging out with friends or while visiting family members. Kenny Burnette said that when he was younger, he and his friends used to drink along the trail, because "that was the cool thing to do in high school." Now Burnette said he worries about his nieces, who walk to school alone. "It scares me, it scares my family, and it scares the whole community," Burnette said. "This is the first time this has happened here." Investigators have described the rapist only as an American Indian of medium build, 20 to 40 years old. As far as investigators know, he last struck on Sept. 6. The BIA, which is leading the investigation, has put together a 10-agent task force to investigate the crimes, drawing officers come from Arizona, Oklahoma, South Dakota, Nevada and New Mexico. A $10,000 reward has been posted. "I used to walk on the trail by myself. Now I'm scared," said Raychelle Thompson, a 15-year-old waiting with two girlfriends at a Whiteriver bus stop. Her grandmother, Susie Dunlap, said she no longer allows Raychelle or her other grandchildren to walk alone at night. "I even walk them to school," she said. "I make sure they're in the house at a certain hour, and when they're outside, I check on them all the time. There's no telling when he's going to hit again." White House hit over delays in health care and Cobell Thursday, October 5, 2006 A senior White House official sought to explain the Bush administration's stance on Indian health care and the Cobell settlement amid angry questions on Wednesday. Attendees of the National Congress of American Indians annual conference in Sacramento criticized the administration for its last minute objections to the Indian Health Care Improvement Act. The bill was cleared for passage in the Senate until the Department of Justice, on the eve of consideration, sent a memo that was used by some Republicans to delay action. "What will the White House do to help us deal with this last minute ambush?" asked Rachel Joseph, the chairwoman of the Lone Paiute Shoshone Tribe of California and the head of the steering committee that has been working on the bill for several years. Ruben Barrales, the target of the remark, didn't have much of a response. He indicated that the DOJ memo was as much a surprise to him as it was to Indian Country. "All I can tell you is I have the same question," said Barrales, the director of the White House Office of Intergovernmental Affairs. Linda Holt, the chairwoman of the Northwest Portland Area Indian Health Board and a council member for the Suquamish Tribe of Washington, said administration officials have been given numerous opportunities to provide comments on the measure. She called the DOJ salvo an affront to the federal-tribal relations. "They've never done that and then at the last minute they turn around and say, 'We have these objections,' and the bill is pulled," Holt said. "That is not true government-to-government relations." Barrales defended the administration's handling of the overall talks. "I do have to disagree with you," he said. "We were working in good faith on the issues." But when he appeared to downplay President Bush's role by noting that the his boss has only been in office for five years while the bill expired 13 years ago, former Sen. Ben Nighthorse Campbell (R-Colorado) took the floor. As chairman of the Senate Indian Affairs Committee during the time in question, he laid the blame at the administration's feet. Campbell said former HHS Secretary Tommy Thompson, a Bush appointee, repeatedly told him the administration supported reauthorization. But he said officials kept coming back with piecemeal changes that delayed action for years. "I get the feeling the same thing has been happening again," said Campbell, who called the reauthorization "a matter of life and death for many of our people." In addition to facing fire on health, Barrales acknowledged the White House was behind the delay in the Cobell case. Sen. Byron Dorgan (D-North Dakota), the current vice chairman of the committee, told NCAI on Monday that the administration has failed to provide a response to the $8 billion settlement proposal. "That is absolutely true and we are conscious of that," Barrales said. But he said the settlement is "more than a number." Although he didn't delve into specifics, he indicated trust management going forward was a key concern of the administration, whose officials have called for a bill that addresses land consolidation and other issues. "I think everyone understands that the federal government has not done a good job in terms of its trust responsibility," he admitted. "It's all related," he said of trust management issues. "It's related to the number itself." Like the Indian health care bill, however, the settlement legislation has been on the table for more than a year. On the day before the Senate committee was going to clear the bill for a floor vote, Interior Secretary Dirk Kempthorne and Attorney General Alberto Gonzales asked for more time. "There is one recalcitrant entity here and its' the administration," said Keith Harper, an attorney for the Cobell plaintiffs who spoke to NCAI on Monday. As he has done at past conferences, Barrales repeated his pledge to keep an open door for tribal people. He hailed the creation of an "Indian Country Working Group," composed of federal agencies with involvement in Indian issues, that meets once a month at the White House. He said the administration is working to develop an "Indian Country 101" course for federal employees and appointees to educate them on sovereignty and the government-to-government relationship. But Campbell, in his remarks during the question-and-answer session, said more action is needed. "The message now from Indian Country is we're not going to take it anymore," said Campbell, who now works as a lobbyist. "Indian Country is alive, well and active, and we vote." (Comment on this)
Tuesday, October 3rd, 2006
4:29 pm	News Update! Talk show reprimanded CRTC calls remarks on Tout le monde 'denigrating' Click here to find out more! Article Tools * Printer friendly * E-mail Font: * * * * * * * * KEVIN DOUGHERTY, The Gazette Published: Sunday, October 01, 2006 Quebec's top-rated Sunday night talk show was reprimanded by the Canadian Radio-television and telecommunications Commission last week over racist comments by one of its guests. Canada's broadcast regulator found that Pierre (Doc) Mailloux made comments about blacks on the Radio-Canada program Tout le monde en parle that were "denigrating, insulting and offensive." On the Sept. 25, 2005 program, psychiatrist Mailloux claimed to have studies that "demonstrate that the average intelligence quotient of blacks and American Indians is clearly lower than 100." The CRTC's reprimand came as a National Assembly committee conducted hearings last week on racism and discrimination affecting the seven per cent - or close to 500,000 Quebec citizens - who are classified as visible minorities. Senegal-born professor-turned-humourist Boucar Diouf, who provides a look "at Quebec culture through African eyes" on Radio-Canada's morning radio show in Quebec City, said Mailloux's extreme statements are not an isolated case. "There are lots of Doc Mailloux in the media," he said. "I don't call them racists. They are I-don't-give-a-damns (je-m'en-fou'istes). Because they do it to increase their ratings." Diouf appears on Radio-Canada television's La fosse aux Lionnes and does humorous folk-wisdom capsules on the morning radio show. "My role is to get up on stage to knock down these images," he said. Racism and discrimination have no place in a responsible society, said Diouf, who has been following the National Assembly hearings. "Otherwise we will get to the point where they are in France today with people who were born in the country, who grew up in the country and who absolutely do not feel French.'' Documents prepared for the hearings suggest overt statements such as Mailloux's are only one of the types of discrimination facing visible minorities. They note that while unemployment among Quebec blacks, Arabs, Asians and other visible minorities can be as high as 20 per cent, well above the eight-per-cent provincial average, 22 per cent of visible minorities have university degrees, above the 14-per-cent provincial average. Among black Quebecers, 15 per cent have university degrees, while 32 per cent of Arab Quebecers, the province's fastest-growing visible minority, have university degrees. But Alexandre Boulerice, of the Canadian Union of Public Employees, said repeated public commitments by ministers in favour of minority hiring do not always translate into jobs. "There is an old boys' club," he said. While the Quebec Treasury Board has a goal of 25 per cent visible minorities, aboriginals, anglophones and handicapped, and 14 per cent of recent hirings are from these groups, the average remains near four per cent. Boulerice said the inability to speak French should not stop the government from hiring minorities, suggesting that qualified people should be hired, then taught French. kdougherty@thegazette.canwest.com Jan Wong was misguided, maybe. But why the fuss? Row over story blaming Quebec culture for shooting grabbedattention from real problems Click here to find out more! Article Tools * Printer friendly * E-mail Font: * * * * * * * * HUBERT BAUCH, The Gazette Published: Sunday, October 01, 2006 Jan Wong's version is that, in the wake of the Dawson shooting, she was only trying to be helpful. "I was trying, in a very simplistic way, 30 hours after, I'm trying to look for a pattern, and I'm trying to talk about alienation. So I just put it out there," the Globe and Mail reporter said about her bombshell thesis that the Dawson shooting rampage, and two others that have taken place in Montreal, were motivated in part by the inherent racism of old stock Quebec francophone society, colloquially known as "pure laine" - literally, pure wool. "In all three cases the perpetrator was not pure laine, the argot for a 'pure' francophone," she wrote in her piece's most incendiary passage. "Elsewhere to talk of racial 'purity' is repugnant. Not in Quebec." Wong professed to see a pattern in that the three rampage shooters to which she referred - apart from their common mental instability - were not old stock francophones and had "been marginalized in a society that valued pure laine." The foolishness of her deduction was confirmed by the lack of evidence to support it. In none of the cases - not that of Dawson shooter Kimveer Gill, nor Concordia killer Valery Fabrikant or Polytechnique rampage murderer Marc Lepine - was there even the slightest tangible hint that their actions were spurred by alienation from mainstream Quebec society. Elementary logic suggests that if they were impelled by animus against pure laine society, they would have targeted francophones. This was not the case in any of the cited incidents: Lepine went after women, no matter their mother tongue; Fabrikant had it in for his Concordia colleagues; Gill chose to shoot up an anglo school. In each case the ethnicity factor was purely incidental. The Wong thesis also fails to address the case of pure laine Quebecois Denis Lortie, who went on a shooting spree in the National Assembly in 1984. It was somewhat astounding that such a corrosive bit of nonsense unsupported by any corroboration could find its way into the pages of a journal that prides itself as highly as the Globe, which boasts it is Canada's national newspaper of record. Globe editor Edward Greenspon eventually admitted - a week into the furor over the piece - that the offending passage should have been deleted from the article before it saw print. But not because what Wong said was patent nonsense injurious to Quebecers, but because it was a passage of pure opinion in a story presented as a piece of reportage. "To the extent it may have been used, it should have been put into a separate piece clearly marked opinion." But what's involved here is not just a question of journalistic practice, but journalistic ethics, said Alain Gravel, president of the Federation professionelle des journalistes du Quebec. "Freedom of the press involves important inherent responsibilities," he said, noting that the federation's code of ethics specifies that journalists must "avoid cultivating or entertaining prejudices," something that applies to reporters as well as columnists, who are free to write their opinions. "Journalists and their media enterprises carry a much greater burden when they take a position than ordinary citizens commenting on an event in the course of conversation." "The privilege of a pulpit as prestigious as the Globe and Mail carries responsibilities," agreed La Presse chief editorialist Andre Pratte. More astounding was the sheer dimension of the backlash against what was, after all, simply the disconnected ramblings of a mere journalist, even be it a star hack for "Canada's national newspaper." Not only did every political pundit, editorial page and cartoonist in the province have a crack at Wong - never mind the hotline ranters, letter writers and email bombarders - but in an unprecedented wave of denunciation, even Quebec Premier Jean Charest and Prime Minister Stephen Harper joined in with formal complaints. Then the House of Commons unanimously passed a motion put by Montreal Liberal MP Denis Coderre condemning Wong and demanding an apology. Not just Wong and the Globe found the reaction over the top. Lysiane Gagnon of La Presse, among others, suggested that the involvement of the premier and prime minister in the fray at once lent Wong's article more prominence than it deserved while at the same time diminishing their office by stooping to get involved. "By using their political weight against two paragraphs of a bad report they have given disproportionate importance to the piece." The appropriate person to deliver the Quebec government's response would have been the province's delegate in Toronto. The worst thing about what's being called "l'affaire Wong" is that it makes it more difficult to rationally discuss what is in fact a very real problem, the integration of non-francophone immigrants and visible minorities into the mainstream of Quebec, said Jack Jedwab, executive director of the Association for Canadian Studies and former Quebec regional director of the Canadian Jewish Congress. Racism is no more prevalent in Quebec than anywhere else, he is quick to say. But because of the particular nature of Quebec society and the complications of the language situation, the problem of integrating newcomers is more acute than elsewhere. "They're not being included in the decision-making fabric of Quebec," Jedwab said. "If you look at the nominations process, to boards, committees, to various positions, Quebec has an absolutely abysmal record. Its public service by all standards has the lowest representation of visible minorities of any province or state in North America." The Wong furor also overshadowed a provincial government initiative to come to grips with the issue. Relatively little attention has been paid to a National Assembly committee that began hearings two weeks ago on the very subject of accommodating minorities in Quebec society - unfortunately opening on the day of the Dawson rampage. What the committee has been hearing from minority group representatives is that there are systemic barriers to equal opportunity in Quebec, though no one has made the leap to suggest this drives people to rampage killing. This tends to drive people out of the province and, for that, Quebec is the poorer, said Fo Niemi, director of the Centre for Research on Race Relations in Montreal. He said he repeatedly hears from visible minority university graduates, educated in Quebec at significant public expense, that they can't find jobs to match their qualifications, and leap at the first offer to leave the province. "Many of them feel they will not have the ability to rise to the top echelons of government, business, or even labour, just because of who they are, the colour of their skin, not because of what they know and what skills they have." It is in everyone's interest to get over the Jan Wong distraction and down to the real issue, Niemi said. "It's distorting and stifling any intelligent discussion on the subject of racism. We need to get back to the real agenda and look for constructive and concrete ways to address the very real problems of racial exclusion there are in this province." hbauch@thegazette.canwest.com About Us Contacts Home Advertising Info Employment ads Stories from Caledonia This is from first perspective news. Bribery allegations levied in Manitoba reserve voting October 3, 2006 - by Joseph Quesnel Allegations of bribery are being directed at a Manitoba First Nation community after members of the band were allegedly paid gas money in order to get out to vote in the recent Liberal leadership vote. Chief Terry Nelson of Roseau River First Nation did confirm that the small band community provides financial assistance to cover the travel of members who travel to polling stations, but he insists that this was not intended to show support for the Liberal Party of Canada or any particular candidate, but to encourage members to vote in general. In one media report, sources from several Liberal leadership candidates had notified the Liberal Party that they were concerned about possible "voting violations" taking place on Roseau River First Nation. This is the not the first time the community has been surrounded in electoral controversy, however. Chief Nelson, who is known to be Liberal-friendly, was castigated in the national media for using cash to increase voter turnout on the reserve in the 2004 federal election. The practice of encouraging the vote, he said, started back in 2000 when chief and council agreed to provide a gas credit to band members wanting to vote, rather than driving members back and forth to polls. Major study probes condition of Métis health September 29, 2006 - by Joseph Quesnel Manitoba's Métis community will be receiving a glimpse into the state of their health care needs thanks to the efforts of a major Métis organization. The Manitoba Métis Federation is spearheading the historic research project which will review, for the first time, health care needs specific to the Métis community in the province, announced the organizations' president. "We are facing many of the same challenges as the First Nations," said David Chatrand, pointing to increasing incidents of diseases within the Métis community, including diabetes and higher rates of HIV infection than the non-Aboriginal population. "When you look at the Métis, we live close to many First Nation communities. We're their next door neighbours," he said, stressing the similarities in health issues between Métis and other First Nations. In particular, Chatrand mentioned arthritis as an affliction that is affecting too many Métis elders within rural and isolated communities. The Manitoba Métis Federation, he said, has enlisted the assistance of Dr. Judith Bartlett to head up the study. Bartlett will be heading up a new department within the Federation for her work and will be enlisting the help of two other staff. In a separate media report, Bartlett said that although the Métis fare better in terms of health than other Aboriginal groups they are still less healthy than the average Canadian. The study, she said, will involve the holding of workshops designed to discover what health care issues and needs exist within Manitoba's Métis community. This information will then be forwarded to the Manitoba Government in formulating a Métis-specific health care policy. In the recent past, the Manitoba government had discussed developing a five-year health care strategy involving Métis people. Without the present study, however, this cannot be possible, argued Chartrand. "But, you know nothing about us. You don't know the issues. What are the priorities? It is diabetes, arthritis, AIDS, or even cancer? We have so many Métis citizens dying from cancer. No one has ever done a study." According to Chatrand, Bartlett will also be making use of existing health care data on other First Nation communities. The commitment for the funding, he said, came from the previous Liberal government and has since been reaffirmed as forthcoming by the current Conservative government. That deal involved a commitment of $10 million over four years to Métis organizations. The Manitoba Métis Federation, in particular, will be receiving $1.8 million of that money for the project. The reason other First Nation communities have received more assistance from various levels of government for their health care needs, added Chartand, is the lack of clear responsibility for the Métis Nation. "Who's responsible for the Métis? It's the old issue of the millennium." Conversely, First Nation communities under the auspices of the Indian Act can turn to the federal government, he mentioned, in seeking action on health care issues. Responsibility for the Métis is still largely undefined and shared between federal and provincial governments. The chief task of the study, he said, will be to discover what the needs are in Métis communities. As an example, Chatrand mentioned that diabetes care will likely be one area identified in the study. "A lot of our people cannot afford the cost of accessing dialysis treatments. Many of our citizens are from rural and remote communities and cannot afford to travel to receive these treatments." "If our people can't afford the travel to access the programs that exist, what good are they?" Disease control, however, will not be the only object of study, continued Chartand. He said he also hopes the project will look into the conditions that are giving rise to many of the health problems besetting Manitoba's Métis community, such as overcrowded housing in remote communities. "The Métis are also dealing with conditions where 15 people are living in three-bedroom houses. When sickness arrives, the rate of disease transmission goes up." Addressing these issues now, he added, is essential. Chatrand pointed out that the Manitoba health system should be concerned about the state of Métis health, as should Manitoba taxpayers, as it will likely put more upward pressure on funding and resources. "With a rising population within our community, either you help us now and stem the rising cost of Métis health care services or you pay two to three times the cost in the future. There is no getting around it. Whether you live in Tuxedo or the North End, your children will have to face the cost." The provincial government has indicated that it will look at the results of the study in adopting a health care policy towards Métis people. Kelowna Accord still alive and kicking September 29, 2006 - by Joseph Quesnel It appears the Kelowna Accord has not fallen to the wayside and will have its day come October. Gary Merasty, Liberal Associate Critic for Indian Affairs, tabled a motion today in the House of Commons calling on the Conservative Government to immediately implement the measures agreed to in the Kelowna Accord. Through this measure, he said in a press release, the government will be “forced” to vote in October on the future of the Kelowna Accord. The federal government departed from the framework of the Kelowna Accord, arguing that it did not provide meaningful accountability mechanisms. Since then, the government has committed over $400 million to help improve Aboriginal health and education. The Conservative government hopes to create their own framework for dealing with pressing Aboriginal issues. When the vote comes to the House, all parties will have to reveal how they feel about the accord, he added. "In the past nine months there has been little improvement in the lives of First Nation, Inuit and Métis people," Mr. Merasty said. "Canadians know that education and health indicators prove Aboriginal people are lagging behind the general Canadian population. "This is unacceptable. With a $13.2 billion surplus there is absolutely no reason Aboriginalpeople have to live like this, particularly when Kelowna provided a road map and a consensus for a way forward. This government has a legal, ethical and moral obligation to improve the quality of life for Aboriginal people - this motion forces the government to acknowledge this obligation." The Kelowna Accord, signed November 25th, 2005, aimed to improve the quality of life for Aboriginals by targeting $5.1 billion in new investments in education, housing, water, health care and economic development and was accounted for by the previous Liberal government in its budgets and planning. The Liberals also argued the accord did provide for measurable benchmarks. Cree organization urges final ratification for indigenous rights document September 28, 2006 - by Joseph Quesnel Canadian First Nations organizations have vowed to have the United Nations declaration on indigenous peoples ratified internationally by the end of this year, despite the opposition of the Canadian government, confirmed the leader of a prominent Aborginial political organization recently. "We will be sending our people to New York to get people on board with this," said Bill Namagose, executive director of the Grand Council of the Crees. In late June, the United Nations Human Rights Council voted on the 46-article declaration. Although the declaration was approved, both Canada and the Russian Federation voted against the deal and 12 other countries abstained from voting. The declaration will now go before the United Nations General Assembly where the Grand Council hopes it will receive strong approval. Namagose, however, would not define success would mean for the Grand Council of the Crees. "Well, 100 per cent support would be great," he said, with a laugh. "But, I can't give an exact number of what would be acceptable to us." Although he said he is pleased at the passing of the document at the Human Rights Council, he would have ideally liked to see unanimous support for it. "What we end up with is a much weaker document without the full support." Namagose also said that the Grand Council of the Crees have been working with other indigenous movements in other countries, although he stresses these are not "formal alliance." The Grand Council is not a stranger to working internationally. When the Crees of Quebec were confronted with the realities of the James Bay hydroelectric development plan, they brought their issues to the international stage. Namagose, as well as many others, believes that "it is time" to have the declaration finally ratified. After working on the draft for years, many Aboriginal organizations are hoping their work was not done in vain. "This will enhance indigenous rights and provide a powerful tool for Aboriginal peoples," said Namagose. The government of Canada, however, believes that the declaration could be used as a much more powerful tool than many Aboriginal peoples and their supporters think. The government, in its opposition to the draft agreement, opposed language that it felt was too strong and suggestive of rights to sovereignty. They also opposed clauses that could conflict with Canadian systems of governance. Even the government's own draft policy in dealing with Aboriginal self-government - which was drafted under the Liberals - clearly states self-government arrangements must remain within the confines of the Canadian Constitution and not include sovereignty. First Perspective was not able to reach a spokesperson for Indian Affairs Canada or Minister Prentice's office in time for publication. Namagose said that he does not support the government's interpretation. "We don't agree with the Canadian government when they said it would destroy Canadian sovereignty or that it violates international borders," he said. Namagose stressed that he believed the declaration may even help to strengthen existing borders. He then stated that the declaration only reaffirmed the rights of national self-determination for Aboriginal peoples. "There are many nations within countries," he said. Including an explicit right to self-determination, he said, does not mean First Nations can achieve sovereignty or are even interested in it. "Under international law, nations cannot exercise their sovereignty unless their rights are being violated, such as during a genocide. If that happens, then they have the right to secede. But, that is not the case for Aboriginals in Canada and in the United States." Namagose said the Quebec Crees have a first-hand experience with sovereignty and understand its implications. "Here in Quebec, in the event that Quebec were to separate, we would invoke the right of self-determination. Quebec cannot do the same thing, because there's no such thing as the right to self-determination for a province. There is a French Canada that is a nation that can exercise it, but Quebec is not a nation, it is a province." In the meantime, Namagose said he will be trying to enlist the support for ratification from all over the world. At the present time, the Grand Council of the Crees is circulating a petition in support of adopting the declaration that has received over 3,000 signatures. For more Native issues check out first perspective news! http://www.firstperspective.ca/ Current Mood: accomplished Current Music: Hollywood Undead (Comment on this)
Tuesday, September 26th, 2006
6:33 pm	From first perspective,com Government to establish "No-go zone" in Caledonia September 25, 2006 - by Joseph Quesnel Ontario government officials have announced that future measures will be taken to prevent confrontations between Aboriginal protesters and Caledonia residents at the contentious Douglas Estates development site. David Ramsay, the Ontario minister responsible for Aboriginal affairs, made the announcement that all sides to the dispute have agreed to the erection of a 30-metre "no-go" zone that will be patrolled by members of provincial police force and is intended to prevent anyone from reaching the occupation site where protesters affiliated with the Six Nations community have been situated. Six Nations protesters and non-aboriginal residents of Caledonia have clashed several times over the past several months. Some disputes have involved objects and fists being thrown. In one media account, Minister Ramsay said that there are only about a dozen protesters on the site now and that the government is working on establishing a community advisory group as top level political negotiations continue. Saskatchewan considers funding on-reserve housing September 25, 2006 - by Joseph Quesnel The Province of Saskatchewan is openly discussing the possibility of funding on-reserve Aborginal housing. Currently, the federal government provides funds for housing on First Nations communities. The issue of the province kicking in funding emerged after a Saskatchewan area newspaper launched an extensive investigation into the state of First Nations housing in the province and discovered what they described as “Third World level” conditions. Buckley Belanger, the minister responsible for the Saskatchewan Housing Corporation, stated that the option is being seriously given thought by the government. According to the newspaper investigation, homes on Saskatchewan reserves are twice as crowded as the Canadian average. In many cases, extended families and friends live together, sleeping on couches and floors and toxic black mould is common. Aborigjnal organizations have also expressed support for provincial funding. In one media reportm a top official with the Federation of Saskatchewan Indian Nations said that the move would be welcome, given the amount of taxes First Nations pay to provincial coffers and to corporations. The government, however, has said that they will only initiate funding for reserve communities if the individual community supports it and if the federal government continues its own support and does not view the change in funding as a invitation to stop theirs. Cutting court challenges program would be "devastating" for Aboriginals: program director September 22, 2006 - by Joseph Quesnel Cutting back or eliminating funding for the controversial Court Challenges Program would an enormous setback for Aboriginal equality rights, warned the program's executive director recently. "It would be devastating in the sense that this is the only program of its kind in Canada," said Executive Director Noel Badiou. "We provide funding for test cases and many cases involving Aboriginals would not have gone to court if not for this program. They would never see the light of day." Most recently, concern over the future of the program was raised again after Justice Minister Vic Toews mentioned reviewing the program at a recent meeting of the Canadian Bar Association. Many believe the Conservatives will eliminate the program entirely. One National Post columnist praised the end of the program. The Court Challenges Program was first enacted in 1978 to protect minority language rights in Canada but was later expanded to include equality rights when the Canadian Charter of Rights and Freedoms. These groups would receive funding from the government to test their rights through the court system. The program usually funds test cases that are deemed to be of national significance. However, many conservatives and others have criticized the program, arguing it has now become largely a funding agency for left-wing groups, usually feminist and gay organizations that are looking to bypass the elected legislature to advance their agendas. One academic from Calgary compiled a study that showed just that. The program was eliminated under the Mulroney government, but was revised by the Liberals and eventually became a non-profit autonomous corporation funded by Canadian Heritage Canada today. According to the government, the program receives about $2.85 million annually. Government sources did confirm that the program is being reviewed. "I can you that the program is an arms length agency from the government and that is part of an overall review to ensure transparency and accountability of funding for all programs. It has not been singled out as it is part of this overall review of all programs," said Len Westerberg, a spokesperson for Canadian Heritage. Badiou said that as "historically disadvantaged groups," Aboriginals would stand to lose much if funding was cut off entirely. "As disadvantaged groups, they often do not have the funds. This program provides them with a voice to be heard," he said. Referring to program data, Badiou said that First Nations communities do take advantage of the program. In the year ending 2006, he said, Aboriginal applicants represented 19 % of all applicants received since 1994, or 266 total applicants. Of those, a total of 185 cases were funded by the Court Challenges Program, representing about 21% of all applicants. This is no insignificant amount, he says. Significant cases involving Aboriginal equality rights have been funded through the program, said Badiou, pointing to annual report data. For example, the program funded the Corbiere case where an Aboriginal woman challenged Indian Act provisions that prohibit band members living off- reserve from participating in Band elections. Due to a shortage of land and housing, many members of the Batchewana Indian Band in Northern Ontario often must live off-reserve. Particularly affected by this provision are women and children reinstated under Bill C-31 who have never had the opportunity to live on the reserve. A number of persons in this position challenged the residency requirement as contrary to the equality guarantees in section 15 of the Charter. The court would eventually agree that the band provisions did violate the off-reserve band member's equality rights and the requirement was struck down. In the L'Hirondelle case, a number of Indian Bands had brought a challenge to Bill C-31. This Bill amended the Indian Act to oblige Indian Bands to include in their membership persons who, for various reasons, have been excluded from such membership. The case has tremendous implications for Aboriginal women who were particularly targeted by C-31 when they lost their Indian status and other descendants of band members who had lost theirs. The case has been to trial at least once is still working its way through the courts. Beyond the importance of the case work involved, Badiou also maintained that the program does not represent a large portion of government spending. Many of the critics of the program, he said, are not taking into consideration its small size. To begin with, the program does not fund any provincial cases, which eliminates many important cases, he said. "We know many cases at the provincial level which simply did not go on because of lack of funding." Badiou also pointed out that the $2.85 million is not much funding if one really looks at it. "This is a small sum of money if you look at funding for the entire government," he said. Proceeding through the court system on a test case, he said, is very expensive and the Court Challenges Program does not fund very much of those costs. At the present time, the program funds about $60,000 of legal costs at the initial trial level, $35,000 for each level of appeal thereafter and roughly $120,000 to $130,000 if a case reaches the Supreme Court of Canada. "That's not a lot of money to take to Supreme Court of Canada, but it's vital because it is at least something." First Nations complain over exclusion from softwood lumber agreementAboriginal forest groups call for exemption from agreement September 21, 2006 - by Joseph Quesnel As the federal government prepares to bring its softwood lumber agreement to the House of Commons this fall to receive its stamp of approval, organizations working with the First Nations forest sector are wondering why Aboriginals were not included in an agreement that they say will inevitably impact the Aboriginal forest industry as well as future treaty and Aboriginal rights. "Our view is that First Nations should have been consulted through the negotiation process when the deal was being ratified," said Harry Bombay, the director of strategic initiatives for the National Aboriginal Forestry Association, a non-governmental advocacy group for the emerging Aboriginal forest industry. Bombay said his organization felt that Aboriginals should have been consulted by the government just as intensely as they consulted businesses representing the forest industry through their various associations. The National Aboriginal Forestry Association, he said, did send a letter to David Emerson, the minister of international trade, back in April when negotiations were being made. In it, the organization went over the barriers First Nation forest business face. "Our concern is that Canadian negotiators will not take into consideration, nor adamantly make provisions for, the development and market access needs of First Nations communities and their existing and forest-based enterprises," he wrote. Bombay later explained that there are only about 40 sawmills owned exclusively by First Nations and many involve joint ownership with non-Aboriginals. As new and smaller entrants into the forest industry, Bombay argued that under the old softwood lumber agreement, smaller Aboriginal forest companies were often only granted a smaller amount of export quota for themselves. Those companies not granted quota, he said, often had to enter into partnerships with non-Aboriginal companies. "The greatest negative impact of the agreement for First Nations was the barrier it posed in terms of new business start-ups and the acquisition of processing capacity." In his letter, Bombay outlined a call for Aboriginals to be exempt from the provisions of the new softwood lumber agreement. "From the perspective of First Nations, a significant trade advantage is warranted," he said, and called for Aboriginal-owned forest companies to be either exempt from the entire agreement or at least not be required to pay export charges. The new agreement ratified between Canada and the United States does set regional quotas and imposes an export tax on Canadian lumber if the price for lumber reaches a certain point. To this date, Bombay said his organization has received a response to the "substantive issues" his group raised in the letter. His group also stands by their calls for exceptions for Aboriginal forestry companies. The Union of Indian Chiefs, he said, also made a similar call, but without real response from the government. Through their First Nations Leadership Council, he said, Aboriginal forest companies asked for unrestricted access to the American market, but also called for a First Nations exemption from the agreement and called for the opposing of any new agreement based on quotas, which the new agreement is based upon. But, it is not just the Aboriginal forestry sector that will be affected, said Bombay. He also pointed to the tremendous impact the agreement will have on the resource rights of all Aboriginal communities. The original softwood dispute, he explained, dealt with American opposition to Canadian forest practices. The American lumber industry argued that Canadian lumber producers were unfairly unsubsidized through their system of Crown sale of timber rights. "This is an attack on the entire Canadian system of forest tenure," said Bombay, saying that any change to the forest management system in Canada would affect Aboriginal title and treaty rights. "Our position is that any new softwood agreement should not affect the government's ability to develop domestic forestry policy." Although Bombay and other Aboriginal forestry representatives believe the deal will be ratified by Parliament and put into place, they believe there is still room for First Nations to influence the way it will be implemented and they intend to do so. "We're going to raise the issues. We as well as that the BC Leadership Council will also be raising it and we will be working with them in terms of getting the (Aboriginal) issues acknowledged," he said. "The Aboriginal forest sector is made up of small players, but the impact on resource management is going to be a major concern for the future, and the government is going to have to deal with that." Indian days .com Rights of way report to head to Congress Email this page Print this page Posted: September 22, 2006 by: Jerry Reynolds / Indian Country Today Today's feature article sponsored by WellPoint, Inc.WellPoint, the nation's leading health benefits company, may have just the right career opportunity for you. WASHINGTON - In advance of an end-of-September scheduled submission to Congress of a report on tribal energy rights of way, tribes have done a good job of addressing their concerns with a draft report and of asserting their role in rights of way decisions. The assessment comes from Paul Moorehead, a lobbyist on the issue with the firm of Gardner Carton & Douglas. As chief counsel to former Sen. Ben Nighthorse Campbell on the Senate Indian Affairs Committee, Moorehead had a role in crafting the Indian title of the Energy Policy Act. Section 1813 of the Energy Policy Act of 2005 authorizes the departments of Energy and the Interior to undertake a study of tribal energy rights of way at the behest of energy companies that hoped to gain advantage from it in negotiations to renew such rights of way agreements on tribal lands. The section made it into the law after Campbell, Northern Cheyenne, retired from Congress. Moorehead repeated the key findings of the report, echoing dozens of tribal comments registered with Energy and Interior representatives at August meetings: Tribal energy rights of way, and the negotiations around them, do not raise the cost of energy to consumers and do not inconvenience national energy security. He added that two messages must be impressed on Energy and the Interior before they turn the report in final: ''Harden those two findings; tie them firmly to an unambiguous recommendation that Congress take no action at this time.'' Beyond that, Indian country has already delivered the message that if Congress were to base proposals on the Section 1813 report, it should do so not through amendments or last-minute riders but in ''regular order'' - that is, with hearings, witness testimony, the introduction of a bill and further debate. Interior might be able to secure itself a helpful role in tribal energy rights of way negotiations, Moorehead said. A proper role for Interior would be to put tribes and their negotiating partners over the top in difficult, protracted negotiations - to, as it were, midwife through arbitration the most difficult births in a field where successful partnerships between tribes and privatesector businesses are characterized by creative solutions. Nisga’a Treaty to be challenged in B.C. Court September 21, 2006 - by Joseph Quesnel The historic Nisga’a Treaty in British Columbia is facing constitutional challenge at the B.C. Court of Appeal. The treaty was signed in 2000 and was a landmark agreement as it established that Nisga’a law prevails over federal and provincial law in 14 areas of jurisdiction. This is not the first time the treaty has been challenged. James Mountain, who bears the traditional Aboriginal title of Chief Mountain, is bringing this challenge forward. The case was originally discarded back in 2005 on technical grounds after multiple court appearances. In that trial, however the issue of challenges to Canadian citizenship posed by the treaty was not discussed. The appeal court agreed to hear the case after hearing testimony from Robinson and Mercy Thomas, elders from the community of Kincolith, a B.C. community now governed under the Nisga’a agreement. In her submissions, Thomas stated that the Nisga’a agreement imposes a “dictatorial” form of government and does not provide for any real opposition. One of the major challenges to the treaty is the power is gives to the Nisga’a government to grant or withhold Nisga’a citizenship, even from those of ethnic Nisga’a ancestry. Being as only Nisga’a citizens can vote, they argued, this gives the government carte blanche to choose the population they want to vote. In their hearings, they also cited judicial opinions from sitting Supreme Court justices who believe the Nisga’a treaty violates the Constition by creating an illegitimate third order of government outside of the federal and provincial governments. Opaskwayak player destined for hockey fame? September 19, 2006 - by Joseph Quesnel A young Aboriginal hockey player from Opaskwayak Cree Nation in northern Manitoba will find out later this week if he will be admitted to the New York Rangers. Ryan Constant currently plays for the OCN Blizzards, a Junior A team from the small community. According to one media report, Constant learned about an available spot at the Rangers training camp at the "last minute." He started his training at the camp last Friday. If Ryan Constant is selected to play for the team, he will be the second player from the community to play on an NHL team. Jordin Tootoo just signed a two-year contract with the Nashville Predators. Constant has been a leading defenceman for the team since he was 17, said the media source. His family, including is uncle who one was one of those who founded the OCN Blizzards, said they are all supporting Constant’s in his goals of eventual NHL success. Current Mood: angry Current Music: feeling reserved (Comment on this)
Tuesday, September 5th, 2006
9:50 pm	BNews for the week of september 4th! Alianza, indigenous campaign for border rights (c) Indian Country Today September 04, 2006. TUCSON, Ariz. - Indigenous on the border are battling increased militarization and the violation of sacred sites while their civil and human rights are being violated, according to Yaqui, O'odham, Mayan and scholars speaking during a recent press conference of the Alianza Indigena Sin Fronteras/Indigenous Alliance Without Borders. Julian Hernandez, Yaqui ceremonial leader for Barrio Libre in South Tucson, said Yaqui ceremonial leaders face constant problems crossing the border and border agents are violating ceremonial items. ''Our artifacts for ceremonies are being taken away by border officials. Border officials should be working together with indigenous peoples,'' Hernandez said during the press conference in Tucson Aug. 17. Hernandez said border officials, now under the Office of Homeland Security, are developing policies without consulting indigenous peoples. ''They are not actually involving us.'' Jose Garcia, lieutenant governor of the O'odham in Mexico, said O'odham south of the border live in an area frequented by drug traffickers and that the elderly in remote areas are vulnerable. ''In Mexico, we're not allowed to have guns to protect ourselves,'' Garcia said, adding that O'odham in Mexico are not receiving the support they need from the Tohono O'odham Nation in the United States. Garcia said O'odham people are losing their language, history and ceremonies. ''It is important to know who you are, what your history is.'' Further, Garcia said the international border has been a source of division for the O'odham in communities in the United States and Mexico. ''It still creates division, discrimination and racism. When people on this side speak of O'odham on the other side, they say 'those people.' ''It separates the O'odham, our culture, language. All of this is because of that imaginary line. A border wall will strengthen that idea that we are two separate people,'' Garcia said. During the press conference, the Alianza Indigena sin Fronteras/Indigenous Alliance Without Borders announced the launch of a campaign to establish national policy guidelines for southern indigenous peoples' rights of mobility and passage. The alliance is pressing for environmental protection, the survival of the languages and the prevention of further loss of ancient cultural traditions. Yolanda Broyles-Gonzalez, professor in the Department of Women's Studies at the University of Arizona and an Alianza member, said more than 4,000 people have died crossing the border. ''The loss of human life is so vast,'' Broyles-Gonzalez said. She said the border has also caused a separation for tribes living on both sides of the border, effecting cultural and ceremonial ties. Urging the United States to abide by international laws, Broyles-Gonzalez said the cutting of cultural ties violates U.S. laws, treaties and international laws. International law guarantees the right for indigenous to maintain their cultural and religious ceremonies across the borders, she said. Jose Matus, Yaqui ceremonial leader and Alianza director, said on the northern border the Jay Treaty recognizes the right of indigenous passage and allows First Nations' people to work in the United States. However, those benefits are not available to indigenous at the southern border. Meanwhile, the fight for recognition is not always won with federal-recognition, Alianza members said. Matus said Yaqui became a federally recognized tribe in the United States in 1978, yet many people continued to refer to Yaqui as ''Mexicans.'' Matus said Yaqui have always been a nomadic tribe. ''We are not Mexicans; we are indigenous peoples of this territory.'' Tupac Enrique Acosta, coordinator of Tonatierra community action in Phoenix, said the ongoing immigration stream at the border is no accident. He said this stream has been an economic reality for the past 200 years. ''The infrastructure of Mexico is designed to deliver labor to the United States. Mexican labor is a dispensable commodity in America.'' Enrique said the United States never negotiated with the O'odham, Yaqui, Cocopah, Pima, Apache, Hopi or other Indian tribes when the international border was created in 1848. However, Enrique pointed out that the Jay Treaty in the north recognizes there were indigenous peoples here before Spain arrived and the U.S. government was established. Enrique said, ''The issue is colonization. We have to call for decolonization of this hemisphere. We have to step up to the plate and take it on.'' Sebastian Quinac, Mayan Cakchiquel from Guatemala, said indigenous peoples were divided by the borders when North, Central and South American countries were established. ''We were people with respect, and were respected. We respected our mother earth.'' With borders and the establishment of states and countries, indigenous lands were divided up and human rights were violated, he said. During comments, Dennis Manuel, Tohono O'odham elder in the audience, said O'odham sacred sites are being disturbed at the border. ''We are getting a lot of traffic over our sacred sites.'' Earlier, the U.S. Border Patrol set up camp at the site of Baboquivari, home to the O'odham sacred being I'itoi on tribal lands in Arizona. Now, Manuel said the Border Patrol and military disturb O'odham artifacts, burial grounds and petroglyphs. ''They still continue to drive in through these areas,'' Manuel said. Quinac said building walls is a way for governments to control communities. Hernandez said border walls will increase Yaqui border crossing problems. Broyles-Gonzalez said a border wall is viewed as a quick solution, but is inhumane. ''What is needed is a solution to problems. This would only make the problems worse,'' Broyles-Gonzalez said. Kumeyaay border project brings benefits (c) Indian Country Today August 28, 2006. TUCSON, Ariz. - Kumeyaay in California are reuniting with Kumeyaay in Baja California, Mexico, with exchanges that benefit tribal members on both sides of the border. However, Kumeyaay now face a new threat on the border, since the United States has waived laws to construct the triple-layer border wall, which threatens tribal gravesites in southern California. Speaking at a border workshop in Tucson, Louis Guassac, executive director of the Kumeyaay Border Task Force, said Kumeyaay are opposed to the current plan for construction of the border wall, which would ''plow through'' their ancestors' gravesites. Guassac pointed out that the United States has done away with environmental and other laws that would protect the region and Kumeyaay ancestors in order to build the wall's third layer. ''They can plow right through there without any consciousness of the human remains there. Would they take their grandmothers' graves and bulldoze over them?'' Guassac asked. ''We are against the mistreatment of human remains and plowing them over with a machine,'' Guassac said, pointing out that Patriot Act laws now ''trump'' all other laws. In September 2005, Department of Homeland Security Secretary Michael Chertoff announced he was exercising his authority according to the Homeland Security Act of 2002 and the Real ID Act of 2005, and waived certain legal requirements, including environmental and other laws. Chertoff said it was to ensure completion of the 14-mile Border Infrastructure System near San Diego, according to a statement by Homeland Security. Kumeyaay, however, have lived in the region now referred to as southern California and northern Baja California, Mexico, since time immemorial. ''It has taken 300 years to suppress, divide and separate us,'' Guassac said of the arrival of Europeans in the 1700s and creation of the international border in 1848. His comments came while conducting a workshop on border issues for the Tucson-based indigenous advocacy organization Alianza Indigena sin Fronteras/Indigenous Alliance without Borders at the University of Arizona's Department of Women's Studies. Pascua Yaqui, Tohono O'odham, Pima from Gila River and Yaqui from Mexico were among those who attended Aug. 18. Guassac said Kumeyaay were taken away to boarding schools and forbidden to speak their language during the 1900s. With the Kumeyaay communities divided by the border, it became increasingly difficult to maintain their language, culture and traditions in the United States. The reunion of Kumeyaay from north and south of the border is helping to revive the language and culture in the United States and providing some basic food necessities for Kumeyaay in Mexico. There is, however, no quick fix for reviving language and culture, he said. ''We have to think long-term. There is no short-term fix. We are looking at eight generations down the road.'' Kumeyaay are now seeing more Kumeyaay at ceremonies than they have seen in 25 to 30 years because of the ongoing cross-border efforts. Describing border passage problems for Kumeyaay, Guassac said since the beginning of Operation Gatekeeper in the 1990s, crossing the southern border has been more difficult. After Sept. 11, 2001, security measures at the border made passage even more difficult. The Kumeyaay Border Task Force was entrusted with government-to-government consultations in an effort to obtain short-term border crossing visas for Kumeyaay in Mexico. After years of efforts, the task force developed an informal agreement for Kumeyaay in Mexico to receive cultural visas, known as Laser Visas B1 and B2. The visa regulations include passage for cultural purposes. The visas are now are being used by the Yuman-speaking Kumeyaay and neighboring Pai Pai of Baja, Mexico, relatives of Yavapai in Arizona. Currently, 680 Kumeyaay and Pai Pai have U.S. visas because of this effort. Guassac said the visas are restricted to the issue of ''pass and re-pass,'' a term used for those entering the United States for short periods for family, ceremonial and cultural purposes. Once the government-to-government informal agreement was in place, the first hurdle was for Kumeyaay in Mexico to obtain Mexican passports. The task force transported 50 tribal members from Mexico to San Diego per trip. Kumeyaay chose the border port of entry at Tecate, Calif., for passage, known to be less violent than some ports of entry. Meanwhile, Kumeyaay presented the U.S. Consulate in Tijuana, Mexico, with an orientation on the history and culture of the Kumeyaay. Still, there were many complications. For instance, non-Indian spouses of Kumeyaay in Mexico were not given U.S. visas. However, the United States requires that both parents must accompany children entering the United States or a lone parent must present a written affidavit from the other parent. This issue is resolved between individual parents and border agents. There are parameters as well. ''If there is a smuggling issue or a drug issue, we don't get involved,'' Guassac said. The Laser visas have proven to be secure against counterfeiting. Further, the visa effort resulted in a baseline census that has provided demographic benefits, he said. Each Kumeyaay community in Mexico, where traditions remain intact, decides whether a person is Kumeyaay based on ancestry, traditions and cultural considerations. There is no blood quantum requirement. Now, each Christmas, Kumeyaay in the United States deliver bundles of food staples in a semitrailer to their Kumeyaay relatives and Pai Pai neighbors in villages in northern Mexico. Local Kumeyaay coordinators in Mexico select food items. The month of December was selected because the slowest time for Kumeyaay to obtain work is between November and March. ''It just happens to be Christmas,'' Guassac said. ''The food carries them through April.'' Guassac said the goal is not simply to deliver material goods to their relatives in Mexico. ''We don't want to be fishermen bringing them fish. We want to bring them tools.'' During the border workshop, Fidelia Flores, Yaqui from Bacum Pueblo in Sonora, Mexico, praised Kumeyaay efforts. ''I'm happy for what you have accomplished; it happened because of the good will of the Kumeyaay in the north.'' Flores said most Indians in Mexico whose communities are divided by the international border are not receiving assistance from their relatives in the north. ''The main obstacles are the tribal councils on this side,'' Flores said. Flores, a retired village schoolteacher, said Yaqui in Sonora, Mexico, numbering 25,000 to 30,000, have not had the backing of the Pascua Yaqui Tribe in the United States. Flores said Yaqui in Sonora have relied on Yaqui ceremonial leader Jose Matus in Tucson, director of the Alianza Indigena sin Fronteras/ Indigenous Alliance without Borders, to assist with border passage for ceremonies. Navajo Nation, Cuba negotiate trade agreement (c) Indian Country Today August 31, 2006. HAVANA - The general manager of Navajo Agricultural Products Industries, a member of the first trade delegation to Cuba since Fidel Castro temporarily stepped down, has signed a letter of intent to sell food products to Cuba. ''We are honored that our products will help feed the Cuban people,'' said NAPI General Manager Tsosie Lewis, who oversees the Navajos' 68,000-acre commercial farm located in the Four Corners area near Farmington, N.M. Navajo President Joe Shirley Jr. praised Tsosie Lewis for entering into the agreement, and described it as a trade agreement between two sovereign nations. ''We are a sovereign nation and we need to do everything we can to get back on our feet,'' Shirley said, expressing appreciation for the new source of trade. During the New Mexico Agriculture Trade Mission to Cuba in August, NAPI signed a letter of intent with Alimport, Cuba's state food purchasing agency, to sell yellow corn, wheat, apples, onions, pinto beans and other farm products. If finalized, the cash-only trade agreement could bring millions of dollars to the Navajo Nation, due to exceptions to the U.S. trade embargo of Cuba. Under provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000, Alimport is allowed to negotiate the purchase of agriculture products directly from U.S. suppliers on a cash-only basis paid in advance by Cuba. Since passage of the act in 2000, 35 states have entered into agreements to sell American products to Cuba, resulting in incoming revenues of about $1.8 billion U.S. Rep. Tom Udall, D-N.M., spearheading the New Mexico delegation, said it was the highest-level U.S. delegation to visit Cuba since Castro temporarily turned power over to his younger brother, Raul. Udall said the delegation did not meet with Fidel or Raul Castro. Fidel, 80, ruled Cuba for 48 years and temporarily handed over the reins of power to his brother after undergoing emergency surgery to stop intestinal bleeding July 31. While the binational trade agreement has not yet been approved by the Navajo Nation council, Shirley pointed out that NAPI is already selling millions of tons of beans to Mexico. ''What it means to the Navajo Nation is revenues. It means jobs. It means economic development,'' Shirley said. ''There are grandmas and grandpas over there. They have to eat,'' Shirley said of Cuba. ''There's nothing illegal about dealing with Cuba as far as selling food items.'' Shirley said this trade agreement was another step forward for Navajo Nation sovereignty and its current policy of reaching out. ''I think that is the most important thing that is happening with this agreement. Of course, it has already happened with the country of Mexico and now with the country of Cuba. The recognition of the Navajo Nation as a nation, a nation within a nation, that's just the way it should be.'' Since 1999, NAPI, a long-time producer of potatoes for potato chip companies, has shown a profit. It has been producing the Navajo Pride brand of corn for more than 30 years and is known for its alfalfa, wheat, barley, pinto beans and onions. The Navajo Pride brand of potatoes includes varieties of Russets, Golds and Reds. Dry corn, however, is the foundation of Navajo culture. NAPI, in a statement reflecting the product name, said it takes ''great pride'' in producing more than 16 different varieties of dry corn for a number of uses. ''We purchase our seed from Pioneer Seed Co., Syngenta Inc. and Monsanto, companies producing the best quality genetic hybrid corn seed on the market today,'' NAPI said. Upon returning from Cuba, Udall said he hopes the historic agreement not only means jobs, but new relationships. ''This is a great opportunity for NAPI and other New Mexico farmers who have long sought opportunities to sell their products in new markets. I am hopeful the work done during this trip will continue to grow into fruitful relationship between the Cuban people. ''We are very pleased to return home with a letter of intent between NAPI and Alimport providing for the purchase of yellow corn, wheat, apples, onions, pinto beans and other New Mexico grown products.'' Udall said the agreement could mean millions of dollars for American Indians in New Mexico, since Cuba is already purchasing food from the United States. Udall said the objective of the trip was to promote and facilitate the sale of New Mexican agriculture products with Alimport. Over the course of three days, Udall and the delegation met with Alimport Chairman and CEO Pedro Alvarez Borrego to negotiate potential purchases from New Mexico. Shirley praised the effort of Udall and pointed out a new direction of the Navajo Nation in international ventures. ''I wholeheartedly support what Congressmen Udall is doing for the NAPI program.'' Shirley said this is not the first international agreement Navajos have signed. In November 2005, the Navajo Nation became a member of OCCAM - the Observatory for Cultural and Audiovisual Communication - a United Nations nongovernmental organization to help indigenous nations around the world develops a wireless telecommunications network like that which exists on Navajoland. The First Perspective Comic books address tough Aboriginal issues August 27, 2006 - by Joseph Quesnel Suicide within the Aboriginal community is not just a distant concept for Native comic book illustrator Tania Willard. "The story I tell is a true story told through a child's eyes. An older cousin of mine, who I idolized when I was younger, killed himself," says the British Columbia-based Aboriginal. Willard is part of an initiative started by the Vancouver Coastal Health and the Healthy Aboriginal Network. Willard produced a comic book aimed at Aboriginal youth called Standing Together. One of the stories she wrote and illustrated was based on her personal experience with suicide. "Many of the people who commit suicide don't realize how much their loved ones will miss them." Although suicide is one topic the books tackle, Willard says, they also deal with issues like drug issues, diabetes, stereotypes about Aboriginals, body image, mental health and personal responsibility for decisions. Willard says although the look is a traditional comic book, it is different. "He wanted something that looked like a comic book but told a different type of story. This is not just a superhero story." "I love story telling through comics," she adds. "I think our community needs to reach out in different ways. Clinics need health pamphlets as a way to promote. These are health issues that affect them. These are not facts and statistics, this is something real." Although the stories tackle controversial issues, Willard stresses that they are "positive" because they include healing as a central part of the storyline. "I hope it impacts and starts a conversation." The idea for Standing Together came when the Healthy Aboriginal Network, a non-profit group that promotes health and wellness among Aboriginals, received a grant last year to develop and print the comic book from the Vancouver Health Initiatives Program (AHIP), which funds First Nations health strategies. "The idea came to me from a memory really. I remember reading a comic book as a kid and there was this one kid who always finished reading faster than the rest of us. One day I asked him how he reads so fast and he told him that he doesn't read them, he just looks at the pictures and he understands what's going on," says Sean Muir of the Healthy Aboriginal Network. "I thought of comics because what kids doesn't read comics. Not only are they non-threatening, but many kids seek them out." The organization would then go on to win the grant. "I sold it to the Vancouver Coastal Health on the idea that we would tackle issues that Aboriginal youth identified, not Coastal Health," he says. "At the time, I did not know any Aboriginal youth comic book artists, so I hired Tania Willard and she got other illustrators. She acted as editor and got it all together." Although Willard had not illustrated comic books, she had worked with Redwire Magazine, an Aboriginal youth magazine, and was familiar with youth issues. So, she assembled an all-Aboriginal team of writers and illustrators and embarked on the project. According to the Vancouver Coastal Health, they will be sending out 3,000 copies of the comic book to 15 First Nations communities. Diana Day, a community developer with the Vancouver Coastal Health and the SMART Fund, says they tried to appeal to all Aboriginal groups. "Many of the pictures are urban, but we're also trying to reach out to the remote and isolated communities. Drug use and addiction is a concern. We're hearing more and more about drug problems in rural Aboriginal communities," she says. Although the comic books are mature in theme and generally appeal to older readers, Day believes they will impact younger groups, even if not intentionally. "They are very enticing." She said, pointing to the example of her own daughter who is nine and who has picked up and read the comic books. Will the health organization follow up on the comic books? Day says they will, along with the help of the Vancouver Health Institute and the Institute of Health Promotion Research at the University of British Columbia. "There were some things we had go work out with them, but a survey is ready to go out to five different communities participating in the evaluation. Then, information will be collected and analyzed. " In the meantime, Day says she is optimistic the books will reach more Aboriginal youth and perhaps change lives. "You don't see an Aboriginal person on the cover of a comic book. It's unique. More young people will be interested to pick it up and it will reach a larger audience." Brazil: land barons set up arrests of indigenous leaders Submitted by Bill Weinberg on Wed, 08/23/2006 - 03:58. According to the Indianist Missionary Council (CIMI), a Catholic church-based group which works in solidarity with Brazil's indigenous communities, 15 Tupinikim and Guarani indigenous people and seven non-indigenous people have been jailed since Aug. 9 in the city of Aracruz, in Espirito Santo state. The Tupinikim and Guarani communities have been challenging the multinational corporation Aracruz Celulose over ownership of 11,000 hectares of land in the area. The government's National Indigenous Foundation (FUNAI) has recognized the land as indigenous territory, but Aracruz Celulose has appealed. Brazil's justice minister has until Sept. 20 to make a decision in the case; in the meantime, both sides are barred from entering the disputed area. According to information obtained by Humberto Gomes Serafim, FUNAI's ombudsperson for the states of Minas Gerais and Espirito Santo, private security guards contracted by Aracruz Celulose through the Vigilancia e Seguranca Ltda (VISEL) company called agents of the Military Police (PM) to the area to carry out the arrests. On Aug. 15, Serafim asked the judge to grant the detainees provisional release, but the judge refused and said they will be freed after they are interrogated during the week of Aug. 21. Initial reports claimed the indigenous people were arrested because they were harvesting eucalyptus on the disputed land. But according to information obtained from the Espirito Santo State Human Rights Council, those arrested were in an undisputed indigenous area when PM agents lured them to the disputed land by telling them a PM captain was waiting there to meet with them. When the indigenous people arrived at the site, armed agents from the VISEL private security firm were waiting with cameras to film the "crime." Several PM agents confirmed the detainees' version of events. (CIMI, Aug. 16) From Weekly News Update on the Americas, Aug. 20 Upside Down World Indigenous Community on Hunger Strike in Chaco, Argentina Written by Marie Trigona Tuesday, 22 August 2006 Nine representatives from the Wichí indigenous community have completed over 35 days on hunger strike in Argentina's northeastern province of Chaco. For over two months hundreds of indigenous people from rural areas have camped out in front of the provincial government building to demand land distribution, education and health care for Chaco 's indigenous communities. "Our children suffer here at the camp, we are suffering. The rich people with gold say that we're poor off here at the camp, it's true but we're going to continue to fight" said Eleuterio Gómez, one of the weathered protestors at the camp. In addition, he said that his community is prepared for hardship after 500 years of colonialism. Dozens of improvised tents, clotheslines and pots over campfires scatter the central plaza in Chaco 's capital Resistencia. A group of women prepare fried bread and stew for hundreds of protestors at the 60 day old camp. Food runs short at every meal and many suffice with hot maté. The hunger strikers have been locked in a government office with no windows. The government has refused to allow the hunger strikers visitors and in the first days of protest they were not allowed to use bathroom facilities. The nine strikers sleep on the floor or sitting. One hunger striker had to end his protest because he suffers from a disease called Mal de Chagas. Despite declining health, the hunger strikers continue with their protest. Chaco, the nation's poorest province is home to 60,000 indigenous from the Toba, Mocoví and Wichí communities. The nine on hunger strike and hundreds at the camp demand that Governor Roy Nikisch meet with Wichí delegates to resolve the complaints of improper public land distribution. In the past decade, soy farmers and cattle ranchers have bought much of the government land that should have gone to indigenous communities and small farmers. According to Mártires López, from Union Campesina (an indigenous organization), Governor Nikisch hasn't respected a law protecting indigenous land. "Aborigines have sold their land, which is something terrible. Thousands of hectares have been sold. We're in a bad situation, we don't know how to demand our rights. We have a law, but it's like the law doesn't exist for us," said López. "The law says that the government has to delegate land to communities. But they aren't following through. The children are dying of hunger. There's not a minimal level of health for us in Chaco ." In many cases the Wichí, strapped for resources, sold their land at prices lower than the market value. The Wichí suffer from malnutrition and preventable diseases like Chagas and Cholera. Conditions have been declined for the Wichí people for decades, due to land concentration. However, the protests came to a head after flooding destroyed many communities living in the jungle region called "El Impenetrable." "We are living in extreme poverty because of the lack of resources at the provincial level," says Luis Gonzalez while warming his hands over a campfire. "We don't receive any aid. We are suffering from lack of water. Even if it is true that we own the lots, we can't sell wood because the mountains belong to others. Families make the sacrifice of coming here to the camp with the hope of bringing our families out of death's grip and back to life." The protestors are also calling for the resignation of Lorenzo Heffner, local mayor of Villa Río Bermejito who they accuse of discriminating against indigenous people. In the town of Villa Río Bermejito, schools have been refused bi-lingual teachers and curriculum. They also accuse Heffner of withholding food aid sent to them by the national government. Residents discovered a warehouse of perishable foods close to the town hall in April, which should have been distributed weeks earlier. Heffner has stated in news interviews that the Wichí people don't want to work. Milcíades Mansilla is president of the Red de Comunicación Indígena and has labored as a cotton farmer his entire life. While showing his calloused hands, he says that the aboriginal communities need land to work. "The politicians ask in the media: 'why do the indigenous want land if they don't work?' It's not that we don't work. We want land to develop our indigenous communities because we can grow a ton of crops for our people," said Mansilla. Monica Chalole says that the governor has refused to meet with Wichí delegates for months, leading the hunger strikers to take action. "These communities got tired and said that they were going to do something to change the situation," said Chalole. "According to studies, 3.9 million hectares of public land has been sold to businessmen and politicians. As indigenous people we believe that the national and provincial governments have never seriously considered resolving the issue of the aboriginal people. This is why the indigenous communities are living in horrendous conditions." Only 660,000 hectares out of the 3.9 million hectares of public land in Chaco remain, the rest has been distributed to private land holders. Seven percent of land holders currently own 70 percent of Chaco's land. A large percentage of Chaco's public land and jungles have been cleared to grow genetically modified soy. Argentina is the world's second largest producer of genetically modified soy. Forest fires, flooding and the spread of diseases like cholera and leprosy are just some of the immediate consequences of deforestation. In a report released last December, scientists concluded Argentina will lose half of its native forests in the next few years. Chalole, the sister of one of the hunger strikers adds that the community is worried about the hunger strikers' declining health. "The hunger strike started from the lack of a concrete solution. We tried to hold a dialogue, but the ministers refused to meet with us. Our brothers and sisters went on hunger strike to be heard two months ago, but still the government hasn't offered us a solution," said Chalole. Wichí have set up a camp in front of Chaco 's central offices in Buenos Aires last week. In Resistencia, two months of protesting has taken its toll of the Wichí people. Gonzalez admits his people are tired and hungry, but says they will continue to fight. "We are suffering from lack of economic resources, which is why we ask our brothers and sisters to help us in our struggle. The governor has a heart made of rock, which is why he can't listen to our community. We will not shut up, our people will triumph," said Gonzalez. Marie Trigona forms part of Grupo Alavío, direct action and video collective. She can be reached at mtrigona@riseup.net. For more information about the hunger strike in Chaco, visit www.agoratv.org. Classification of aboriginal woman prisoners challenged Last Updated: Friday, August 18, 2006 | 9:26 AM PT CBC News A B.C. aboriginal woman has launched a class-action lawsuit against the Correctional Service of Canada over the classification of all aboriginal women serving time in federal jails. Tanya Lorraine Neill of the Gitxsan First Nation says she was wrongly sent to a medium security prison last year. She argues she should have been put in minimum security, as she had no previous criminal record. Neill says all aboriginal women sent to federal jails have had the same problem, because Corrections Canada uses a rating scale that's designed for male inmates and is biased against female aboriginal inmates. Her lawyer, John Conroy, says that overclassification on the custody rating scale means aboriginal women serve more time behind bars than other inmates. "Of course, the higher your security classification, the more difficult it is in terms of various types of passes, in terms of parole and these sorts of things." Conroy says federal law requires prison officials to use the least restrictive measures appropriate for an inmate. Neill's statement of claim has been filed in the Federal Court of Canada. Update from Grand River, August 30, 2006 Aug 30 (6 days ago) Good morning! For nights I've been tossing and turning trying for the life of me to figure out what makes politicians tick. and when i think i've got a handle on it, someone else says something totally off the wall and it gets my brain working overtime again. If you're not sure what i'm talking about, it's the statements that have been made in the last couple of days, by politicians close to the heart of our land reclamation. first you have toby barrett, (who even though he is backpeddling now, and saying that's not what he meant), making statements implying that the people on the land reclamation site are being funded by organized crime. well, after a couple nights of that tossing and turning i have a response for mr. barrett. He is absolutely right!!!!!!! CANADA, who ultimately has control of the piggy bank for the CROWN when it comes to our trust money that is being held hostage, ARE THE MOST ORGANIZED CRIMINALS IN HISTORY OF THIS EARTH! And ultimately, that is where our support money is coming from, filtered through the band council, who, while their hands are tied to how much they can support, have been trying their best to support the people at the site. It boggles my mind that there are still people out there who believe that we are a burden on them, and their tax dollars. Ok, lets see, in the simplest of explanations, the British Crown decided to start some businesses, they are called Corporations, and in this case, specifically Canada and the United States. We'll stick to those two to make it simple. Lets say the United States is Coke, and Canada is Pepsi. In order to make their companies work, to build and promote their product, they needed the land base and they needed minerals, oils, etc., all of the resources that once made our earth rich in health. The crown seen them as riches in the name of the dollar bill. so, henceforth began building their little empire. They began by stealing of the land base of the onkwehonweh people, giving unfullfilled promises of lease moneys and this so-called trust account that ultimately built their companies (Canada and the United States) and did nothing to help the Onkwehonweh people. Instead, they handed out pittilances of money, because afterall, according to them (and their indian act) we were not humans, but some ignorant beings that needed to be looked after. Today, their thinking is no different. Caledonia's Mayor Trainer, last night for the world to see, made a statement on national television about us fixing up the houses, and how they (canadians) have strict guidelines to follow and how we (Six Nations) are just going to go in there and finish those houses without any recourse. Basically what she is saying is that we are all ignorant stupid people who can't do anything for ourselves. News for you Marie, the Six Nations have the most well-known and respected carpenters, iron-workers, and tradesman on this continent. And according to the Six Nations Housing Inspectors, the houses that are on the site, don't even meet the building code of Six Nations. Maybe that should have been looked at before the Province paid off Henco. And maybe those people who are upset that they didn't get to buy their dream home, should be thanking us for saving them headaches in the future. This brings me to what is irking me still. These politicians and people who still believe that we are 'wards of the crown' and that they have a fiduciary responsibility. Fiduciary my ass, they have a responsiblity to pay their damn debt, own up to their corruption in the establishment of their corporations, and tell their tax payers the truth.........that WE really are the landlords, that they have been collecting taxes illegally, they have sold them land to which they hold no title, they have used our land base as collateral in the world trade market illegally, and that ultimately, everything that they have built, technically belongs to the Onkwehonweh People because they've built it with our resources and on our land base, and without authority to do so. Remember, they do not have a consitution. They had only 7 years to establish their constitution, and thanks to Mr. Elijah Harper, they were unable to do so. Therefore, We, as the only TRUE SOVEREIGNS, still hold the only true constitution on this earth. The Great Law. Go back to the time when Julius Ceasar brought Celopatra to the senate room, and asked the senate, can you challenge divine right of reign......in other words, The Creators Law. No they cannot, and Canadian Parliament cannot to this day. So Mr. Toby Barrett, next time you talk about organized crime, look in your own back yard and who is funding your government and your so-called country. And as far as people grumbling because we are tax exempt, the trusteeship is in OUR name. They are only pilgrams, standing on the Canadagua Treaty, and they only have a pilgrimage. They are not able to levy a tax. Only a true Soverign can levy a tax, and therefore, again, we being the true sovereigns, are the trustees to all of the tax dollars collected by those corporations, namely Canada and United States. Now mind you, through their trickery and use of our own people, they implement illegal acts such as the Land Repreation Act, which was brought through the Band Council of Akwesasne, which in the minds of those corporations, gave them the right to tax. However, the band councils, who are an arm of the federal government, or state in this case, do not have the authority to enter into such agreements, and again, an Act, is NOT the LAW. Just as the Constitution Act of Canada, is NOT a LAW. Which brings me to where my head has really been the last few months, WHAT exactly are we talking about at the table? The crown, who has commissioned her servants, the provincial and federal government to deal with this land reclamation, needs to clarify exactly what is their mandate. If their mandate does not give them the authority to turn back the land to the Onkwehonweh People, then there is no need for us to be sitting at that table, or perhaps the crown needs to put the people at the table who DO have the authority to do so. Where is the Governor General? Where is the British High Commissioner? Exactly who does have the authority? We know we hold title, that hasn't changed. We know our documentation and our history clearly indicates and maps out the frauds that have taken place since we gave them their foothold here, which ironically was, THE HALDIMAND TREATY!!!!! The table's have now turned. Our people's eyes are now wide open. The Women, who carry the responsibility of protecting the land, no longer have their spirits in bondage, and we are taking our rightful place in Creation. Our Clanmothers are standing strong. Our men are supporting us. We are a Soverign Nation of People who in the name of Peace, are DEMANDING JUSTICE! Justice for the Onkwehonweh, and Justice for Creation. It is not an option. Those guilty of molestation and hindrance against the Onkwehonweh Nations of the World must right the wrongs. The Corporations of the Crown must answer to the frauds they have committed. We are NOT sitting at the table having a tea party, We are at the table prepared to enter into Nation to Nation dialogue............is the Crown? And on that note, Have a Good Day! (Comment on this)