November - 2005
Unity achieved, say numbered treaty groups
By Paul Barnsley,
Windspeaker Staff Writer, Edmonton
The First Nation communities that are party to the numbered
treaties have voted to unify and speak with one voice, and they
intend that voice to be heard at the First Ministers' Meeting
(FMM) in Kelowna this month.
The "Gathering of Treaties 1 to 11" occurred in
Edmonton on Sept. 28 and 29. During that meeting a half-dozen
resolutions were passed by an estimated 120 chiefs. Two of those
resolutions will have a direct effect on the ongoing discussions
involving the Assembly of First Nations, the department of Indian
and Northern Affairs and the Aboriginal Affairs Secretariat of
the Privy Council Office that will culminate at the FMM.
Tsuu T'ina First Nation (Alberta) Chief Sandford Big Plume
was the mover of the "Declaration of unity between the treaty
nations of treaties number one to 11" resolution. Rolling
River First Nation (Manitoba) Chief Morris Shannacappo seconded
the resolution.
Shannacappo told Windspeaker on Oct. 24 that the treaty nations
will demand a seat at the table at the FMM.
"If we can't get a seat at the First Ministers' Meeting,
we're going to run a parallel meeting at the same time with press
conferences outside," he said.
The numbered treaties cover an area stretching from around
Sault Ste. Marie, Ont. to the top of the Rocky Mountains, south
of the 60th parallel.
The declaration of unity created the position of national
treaty spokesman, and Big Plume was appointed. The resolution
also called for the creation of an "interim treaty council
of chiefs" and a "treaty chiefs secretariat."
The secretariat will require a staff and office. Shannacappo
said the "living rolling draft" plan for the establishment
of these entities is not complete. He didn't know where the treaty
office would be located.
"I'm not certain. It may be smack dab in the heart of
Treaty 1 to 11 country or it might be in Ottawa," he said.
Those First Nation leaders who believe a hard line interpretation
of the historical treaties is the only way to negotiate with
the federal Crown appear to be saying through this declaration
that the AFN is not pushing the treaty rights agenda far enough.
Shannacappo was asked if that was a fair interpretation of
the resolution.
"That's exactly what it is. We have treaties that have
to be looked at and worked at," he said.
But setting up a national office with a national spokesman should
not be interpreted as an attempt to reject the leadership of
the national chief, he added.
"It's going too far to say rejection. I'll say that we
want to make sure that we have our treaty status conveyed to
the national chief and to make sure that we're not throwing the
treaties away," Shannacappo said.
"We're trying to make sure that we're working with our national
chief. We're not ousting him. We're not doing anything damaging,
hopefully, not damaging to him. But we just want to alert him
on some of the treaty issues and we want to work with him."
The chiefs held a press conference during the two days of
meetings in Edmonton to announce the unity declaration.
"In the past there's been alliances, organizations put
together to speak on behalf of our treaty people. But it's never
gone nowhere, through funding, through budgets, through internal
problems of our treaty areas," said Big Plume. "But
now we have set all our issues aside and we want to come forward
collectively. There's representation from every treaty area that
has concerns with the national organization and the way our message
is not being taken forward," he said.
He was asked what it would take to satisfy his group during
the FMM.
"We have to be recognized as treaty people. We signed
the documents to allow the sharing of the land. We have never
been heard. We allow organizations to talk on our behalf, talk
program. We don't want to talk program. We want to talk political
process," he said.
Back in March, at a special assembly in Vancouver, the AFN
presented a draft political accord that was to be presented at
a Cabinet retreat a few weeks later. The Alberta chiefs asked
for time to review it and were essentially told there was none.
Sources say there was great anger in the Alberta caucus after
that. Big Plume hinted that that anger played a role in getting
chiefs motivated to start work on unifying the numbered treaty
groups.
"The national organization that we now have representing
us had an opportunity to listen to the concerns, especially of
Alberta. When they went ahead and did not take Alberta's concerns
... and this has gone on in the past, we made very clear we did
not like the process," he said.
Sandford Big Plume denied, however, there was a rift growing
between the Alberta chiefs and the Assembly of First Nations
(AFN).
"No, I have my brother with me, [AFN regional vice-chief
for Alberta Jason Goodstriker] who is representative of the AFN.
If there was, we would not allow him in the room," he said.
Shortly after the Edmonton meeting, the Quebec chiefs met
and discussed their dissatisfaction with the way information
about the many initiatives being pursued by the national chief
and his staff is distributed to the communities. The Quebec chiefs
debated, but did not vote on a resolution that would have stated
they would not be bound by any decisions made at the First Ministers'
Meeting without their explicit approval. The resolution was sent
to committee for more work and may resurface.
First Nation officials in several other regions also expressed
concern that the national chief's office has been slow to include
the regions in decision-making and planning. Morris Shanacappo,
the spokesman for the Treaty 4 nations in Manitoba, said his
fellow chiefs are also feeling out of the loop.
"We're feeling a little bit of that. In fact, we had
discussions last Friday as to some of the goings-on with the
AFN and the FMM and there's a lot of things in the air,"
he said. "The AFN didn't sign treaty on our behalf and they
can't represent us at the treaty table because our ancestors
here signed the treaties."
Shannacappo said the treaty chiefs believe the federal government
is trying to extinguish the numbered treaties and replace them
with an arrangement that is more favorable to the Crown.
"That's where they want to go, I do believe," he said.
He points out that while there is an immense amount of work
being done on what Prime Minister Paul Martin calls the "transformative
change agenda," there is no work being done in Ottawa on
implementing the historic treaties.
"There's no treaty policy," he said. "We still
have to do a treaty audit to see what actually is owing to treaty
Indians."
Attempts to reach National Chief Phil Fontaine for comment
on this development were not successful.
AFN spokesman Don Kelly said the national chief travelled
to Alberta to meet with Treaty 8 chiefs on Oct. 24.
'The national chief has stated many times that treaty issues
are of key importance to the AFN," Kelly said when asked
about the numbered treaty groups' resolution. "Treaties
are central to much of what we do. And the national chief has
also often stated that the AFN is not party to any treaty. Facilitating
a way for a First Nation to get to the table is our role."
Another resolution that came out of the numbered treaties
meeting in Edmonton seeks to stop the off-loading of federal
responsibility to provincial governments. The "Sovereignty,
treaty relations and treaty implementation" resolution is
three pages long and lists a variety of areas that fall under
provincial jurisdiction that the officials working at the federal-AFN
roundtable discussions are looking at.
The resolution then calls for the creation of federal government
processes for First Nations dealing with education, social services,
health and other areas that are considered provincial areas of
responsibility.
The resolution reminds all the parties that the federal Crown
has the fiduciary responsibility for treaty First Nations and
goes on to call on the federal government to spell out clearly
where its legal obligations begin and end. Analysts of intergovernmental
affairs say the federal government continually looks for ways
to force provincial governments to take responsibility for things
the feds have been responsible for in the past. They say the
federal government has quite intentionally resisted clearly defining
its responsibilities because off-loading would then have to cease.
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