Private sector needs to be shown the way

An Alberta lawyer and an Ontario economics professor are saying First Nations have more control over revenue resource sharing than they may be aware of.

A winning legal streak, an impressive national chief in Shawn Atleo, and resources wanted by Canada, all add up to power, said lawyer and strategist Bill Gallagher at the Special Chiefs Assembly on Dec. 4.

“What the research shows is that you have embarked on a sophisticated, strategic, compelling, winning streak, the biggest legal winning streak that this country has ever seen. You could even call it off. You have won at the Court of Appeal level in every industry on every major project in this country,” he said.
Gallagher said First Nations may want to rest on the legal front at this point because the law on duty to consult and accommodate “are clearly clarified.”

Fred Lazur, economics professor at the Schulich School of Business at York University, agrees with Gallagher.

The federal government is not consulting and accommodating First Nations, he said, but there is no reason why First Nations cannot get that consideration from the private sector.

“Highlight the economic consequences of confrontation and legal action,” said Lazur, and then point out the economic risks and uncertainty industry faces if they don’t work with First Nations.
Assembly of First Nations National Chief Shawn Atleo was supportive of Lazur’s stand.

“We can leverage the fact that there is $650 billion in natural resources activity being proposed in this country right now,” said Atleo.

Lazur also suggested that First Nations could exercise their authority by organizing rolling blockades, rallies and protests that would interrupt business.

“The private sector will go screaming to Ottawa to do something,” he said.

First Nations have wielded that power before, said former National Chief Georges Erasmus, pointing to the 1990 Oka protest, which occurred while he headed the AFN.

“Our people were absolutely united with what was happening to the Mohawks,” he said. “At that time it was very, very obvious we could bring the country to a stand-still if we wanted to…. That’s kind of like the dark side of our power…”

And that kind of power has to be used wisely, he pointed out.
“You do not want to create fear in the Canadian public but I think what (the Canadian public is) mainly after is trying to figure out how they can be supportive,” said Erasmus.

He added that First Nations needed to be pro-active and assert themselves effectively by leading the changes they want to see.
“I believe we do have the solutions,” said BC Regional Chief Jody Wilson-Raybould, noting that work is being done at the community and regional levels as well as the national front.

“We are in a tremendous period of transition in this country as nations as we seek to move beyond the Indian Act and rebuild our nations,” she said.

Perry Bellegarde, grand chief of the Federation of Saskatchewan Indian Nations, said resource revenue sharing was the key to First Nation success and that economic certainty and economic independence led to sovereignty.

“We’ve got to start challenging,” he said.