Trust. Integrity. Reputation.
Trust. Integrity. Reputation.
Top News - July - 2002
Adam Beach and Chester Nez attended the premiere of the newly released movie Windtalkers in Los Angeles on June 11. Beach stars with Nicholas Cage in the movie about the Navajo code talkers who turned the tides of the Second World War in favor of the United States. Nez, 81, was one of the code talkers who fought in the Pacific theatre in 1942. Windspeaker talks one on one with Beach about the making of the movie, and Nez sets the record straight on the real code talker story. See more...
Photo: Larry Gus
Police powers worry critics
Veterans waitWindspeaker Update: Offer made to First Nations veterans
Inspired by true events
Raise the bar please Calgary Herald - Editorial
Burnt Church ready to deal - Guest ColumnCheck out Ontario Birchbark
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Paul Barnsley, Windspeaker Staff Writer, Ottawa
After more than a year of hypothetical discussions about possible government motivations, the First Nations leadership now has something concrete to kick around.
The First Nations governance act was tabled in the House of Commons on June 14. Analysts scrambled to decipher exactly what the legislation means to First Nations people.
National Chief Matthew Coon Come weighed in shortly after Bill C-61 was tabled.
"This legislation is not in our best interests. It serves the interests of the federal government by off-loading responsibilities and trying to entrench Euro-Canadian models, principles and standards on our people," he said.
"It is, in a word, assimilation. It is legislated extinction."
Coon Come even took a shot at the Prime Minister who is believed to be closely involved in pushing the governance act as a legacy issue.
"If this is supposed to be a legacy project, then it is a legacy of more broken promises," Coon Come said.
The national chief was outraged that there is no non-derogation clause, a legal guarantee that no unforeseen effects of the legislation will erode Aboriginal or treaty rights.
"This is the first major piece of legislation for our peoples since the 1982 Constitution Act recognized our rights. So a non-derogation clause is a fundamental requirement," the national chief said. "It's not there. Why? The minister keeps saying this Bill will not affect our rights. Why can't he back up his statements in the actual legislation? If he can't get support for such a fundamental component from his Cabinet colleagues or bureaucrats, then trust becomes a major issue."
In an interview on June 19, Indian Affairs Minister Robert Nault said the non-derogation clause wasn't necessary.
"When the Joint Ministerial Advisory Committee (JMAC) was put together, we had asked them about this whole issue of a non-derogation clause," he said. "There was a lot of debate and a lot of difficulty in arriving in an agreement as to which one was acceptable. The Constitution in Section 35 is the law of the land and it specifically deals with Aboriginal rights so you cannot derogate away from that. So one of the things that I have been suggesting is why do we have to re-confirm in a preamble using a non-derogation clause something that's already very obvious to us all in the Constitution? So for that reason we didn't put it in there because we already believe those protections exist today."
After the summer recess, the Standing Committee on Indian Affairs will travel the country asking for input on improvements that can be made to the act before it is passed into law. Coon Come challenged the committee to "hold hearings in all of our communities" if they are "genuinely interested in hearing about the vision, the hopes and dreams of our people."
Several lawyers and consultants conducted quick reviews of the act for Windspeaker. One source looked at the amount of work that First Nations will have to do to comply.
Bands must devise three new codes-leadership selection, administration of government and financial management and accountability-within two years if they wish to avoid being subjected to INAC's default codes. It's expected to be very costly and complicated given the approval process on reserve-notices sent out to membership, and referenda held.
The default codes are not in the act. They will be spelled out in regulations the government will create after the act is passed. The regulations, however, won't come out until a year after the act is passed, leaving the First Nations with less than a year to develop their codes, our sources say. They also say people may be very surprised by what is in the regulations.
One troublesome part of the act is the sweeping police powers it gives to people appointed to enforce an array of new band laws that councils will be able to pass under the new legislation. It gives enforcement officers authority to inspect homes, garages and other areas of property without a search warrant.
Nault said that's what First Nations have asked for every time a by-law they wished to see passed was rejected by the department under the Indian Act.
"If you read the legislation it basically says that in order for a good government to operate it has to have by-law making powers and enforcement of those by-laws," he said. "I'll just give you an example. Under the Indian Act First Nations do not have the power to have a dog by-law. People giggle when I use this as an example but it's a very serious matter as a parent. When dogs are running loose and your kids are running around on the street and playing in the park, most communities have the right to restrict those pets for the safety of their children. First Nations don't even have the power to do that."
The minister seemed to vindicate the fears First Nation leaders have that the legislation will turn their communities into municipalities.
"In non-Native communities we charge fees for licensing of dogs and things like that. That's what the by-law enforcement officer will do. If you have the power to make by-laws you have to have the power to enforce them. When people don't pay their fees or their licenses or they're fined for traffic violations or something of that nature in a community that will be up to the proper authorities, the police officers who also are involved in enforcing these by-laws," he said, explaining why police powers made up a significant part of the governance act.
The minister also admitted that the act is an example of Section 91-24 thinking. The national chief wants any new legislation to come out of Section 35 of the Constitution (which entrenches and protects Aboriginal rights). Coon Come said Section 91-24 delegates powers within the Canadian Constitution and delegated powers have no place in a nation-to-nation relationship.
"It's an interim measure because we believe that when capacity and negotiations wind their way through the process we will move to the inherent right to self government," argued Nault. "This is not intended to diminish the importance of our treaty relationship or fiduciary obligation or Aboriginal rights. That's why we refer to it as an interim step because it's a true 91-24 delegated authority through legislation from the federal government."
The director of the University of Victoria's Indigenous Governance program, Taiaiake Alfred, knocked the governance act process and the chiefs' response to it.
"It's all just about governance and the Canadian model, either forcing us or enticing us to buy into it," he said. "My only criticism is that people aren't fighting to get our land back and take on the bureaucracy. But if I was a band councillor, I guess I'd be pretty opposed to it too because now people are going to have to follow some rules and open up the books. So I can see why they're opposed to it, but at the same time the band councils that are well run and efficient, they're going to get more power."
Alfred was also concerned about the police powers in the new act.
"The big section in there that nobody's talking about is police powers of band councils. Band councils have the right to put people in jail and fine them $10,000 for breaking band by-laws. That's sick," he said. "So as long as you're a band council that has open books, gets your finances accounted, has a policy on elections, you can take all these new powers that the government's giving you and essentially run your reserve the way you want to run it. And now you have police powers as well, which they never had before. That's something people really have to think about."
Alfred believes there should be an organization or association of traditional governments that speaks for Aboriginal people. Like many traditionally minded First Nation people, he sees band councils as branches of the federal government. He believes the traditional voice has been completely lost in the governance debate, something that serves both the federal government and the elected chiefs.
"Right now they just get steam-rolled by people who take a stand, who rhetorically sound quite radical in the media and they get painted as the traditionalists by the white media and that's a shame," he said. "The whole voice has been lost in the debate."
He showed that he is pulled in a couple of different directions by this process, noting that the forced application of the Charter of Rights and Freedoms that is called for in the act will conflict with traditional ways.
"But this isn't a traditional government we're talking about. It's a band council," he added. "So I would weigh the pros and cons and I'd have to say this is a good thing, within the context of the Indian Act. But then I take my criticism further and say we shouldn't be in the Indian Act anyway. So for those that are thoroughly imbedded and have the whole Indian Act mentality, and not only that, are employed by the Indian Act government, it seems to be something that, you know, the wind came out of the sails to protest it because there's not really that much there that's offensive. Why aren't people questioning the whole darn system? Traditionalism is not a funded program, unfortunately. This is all for power and money within the colonial system."
First Nations groups the country over intend to fight the act. An aggressive action plan was adopted by the AFN during their special chiefs assembly in May.
Saskatchewan chiefs have said they will be filing a lawsuit challenging the legislation.
The same week that the governance act was introduced, the long-awaited independent claims body legislation was also introduced. Nault said fiscal institutions legislation and a bill to shift control of monies held in trust by the Crown to First Nations will be introduced in the fall.
"This summer we will be consulting right across the country with First Nations citizens and First Nation leaders on the Fiscal Institutions act," Nault said. "This particular piece of legislation will be introduced, I hope, early in the fall. This is also a big part of our renewed relationship, of finding the tools to govern. Part of that as you know is the ability to collect other source revenue, taxation structures, fees for services, whatever governments believe they need."
The fiscal institutions legislation will be optional, unlike the governance act.
"We're also looking at a piece of legislation called Indian Monies. Canada holds in trust a little over a billion dollars that belongs to the First Nations communities. We would like to bring in a piece of legislation that allows us to transfer those resources directly to the hands of the First Nations governments and they will make the decisions of how best to spend and/or invest those resources that are presently held in trust here in Ottawa," the minister added.
Cheryl Petten, Windspeaker Staff Writer, Regina
Howard Anderson was 16 years old when he signed up to fight for Canada. Now, at the age of 78, the First Nations veteran is getting tired of waiting to receive the same benefits his non-Native compatriots received so many years ago.
As Grand Chief of the Saskatchewan First Nations Veterans Association, Anderson has been working to get First Nations war veterans and their surviving spouses compensation to make up for what they should have been given when they returned home from the war-the land grants, funding for education or retraining, and loans that were given to non-Native veterans.
The First Nations veterans round table committee passed a resolution in April 2001 to request compensation of $425,000 for each First Nations veteran or estate.
Anderson said the current figures show there are about 800 veterans and about 1,000 surviving spouses that would be receiving that compensation, "but there's probably more than that."
Veterans associations from all the provinces are sending Anderson lists of names so a more complete count can be made.
The veterans have received support in their attempts to reach an agreement for compensation from government representatives at all levels, and from Native organizations. Chief Perry Bellegarde of the Federations of Saskatchewan Indian Nations (FSIN) and National Chief Matthew Coon Come of the Assembly of First Nations (AFN) have both joined Anderson in making the case for First Nations compensation.
Members of Parliament Rick Laliberte and Lorne Nystrom have also been supportive of the attempts. In early June, Nystrom issued a press release calling for the federal government to put forward a compensation package for First Nations veterans by June 21, National Aboriginal Day.
Cliff Chadderton, chairman of the National Council of Veterans Associations of Canada, who was instrumental in getting compensation for Canada's merchant marine veterans, has also given his support to the First Nations veterans, talking to Veteran's Affairs to help make their case.
Despite these efforts, compensation for First Nations veterans has been illusive. During an interview with Anderson in December 2001, he had been optimistic a resolution was just around the corner. Then, in January, a new minster of Veteran Affairs was named, and the process had to start again.
There have been some discussions about dollar figures for compensation with junior ministers from Veterans Affairs, Anderson said, but nothing from the minister, and nothing in writing.
"They're talking to us, they're telling us money, but nothing in writing. That's our problem. You know, they come out and say, 'Well what about this?' I said 'Give it to us in writing so we can do something.'"
According to Anderson, some of the veterans want to go to court to settle the compensation issue, and some don't, so the veterans association is planning to write to veterans and widows of veterans to ask them how they want to proceed.
"Some of them do, some of them don't. And their attitude-and I agree with their attitude-we're too old to wait for court. So we're going to get back to the veterans and say, 'Okay, what do you think?'" Anderson said.
"It's a hard battle. I don't care what you do, once you're working with the government, it's hard. And everybody is getting frustrated. I am too. I've got to try to keep my cool as much as possible because I'm on the wrong end of the stick to be able to go yelling," he said.
"The Prime Minister, people have spoken to him, and he says we're leaving it to the Veterans Affairs. And I said why Veterans Affairs now. That wasn't Veterans Affairs interested 60 years ago when they started this. . . We got letters from Veterans Affairs saying they're sorry and they're still looking into it. And they've been looking into it too long now."
Despite the apparent lack of movement, there are some indications that a settlement might be closer than it appears. Anderson had recently taken a lawsuit against the federal government over the benefits issue out of abeyance, but the judge in the case has asked that the case be put back into abeyance until at least the end of June. Anderson is hoping that more means some sort of announcement will be forthcoming.
When questioned in the House of Commons on June 5, Veterans Affairs Minister Rey Pagtakham said the compensation issue has been one of his priorities since taking over the Veterans Affairs portfolio in January.
"It is a very complex issue," he said. "At the same time, I would like to say to the House that indeed I am very optimistic that we will be able to find a favorable resolution to this very complex issue soon."
A spokesperson for the ministers office echoed those sentiments, saying the minister was personally committed to finding a solution as soon as possible, but no final decision had been made and therefore no specific time line for resolution of the issue could be committed to.
Offer made to compensate First Nations veterans
On June 21, National Aboriginal Day, Veterans Affairs Minister, Dr. Rey Pagtakhan, announced a compensation package for First Nations veterans and the surviving spouses of veterans, but what's being offered falls well short of what the veterans had been asking for.
The veterans, who did not receive the same benefits as non-Native veterans when they returned home from the Second World War and the Korean war, have been fighting a lengthy battle to right that wrong. The package would see a pay-out of a maximum of $20,000 for each veteran or surviving spouse, a far cry from the $425,000 the veterans were asking for.
The compensation would also be payable to the estates of veterans or their spouses if their deaths occurred after Feb. 1, 2000, the date the National Round Table on First Nations Veterans Issues began its work. The total value of the package is $39 million, based on estimates that there are 800 surviving veterans and 1,000 surviving spouses who would qualify for the compensation.
According to a statement released by Veterans Affairs, the dollar figures in the package are in line with packages that have been offered to other veterans' groups.
In February 2000, the department announced a compensation package for the veterans of the Canadian Merchant Navy that gave those veteran compensation of anywhere between $5,000 to $20,000 each, depending on the amount of time they had spent in service. More than 7,000 applicants qualified for payment under the package, bringing the total amount of the package in at $104.5 million.
In a statement issued by the Assembly of First Nations, Grand Chief Matthew Coon Come called the government offer "a first step" towards resolving the ongoing compensation issue.
"Now it will be up to the veterans to decide if they will accept this offer or not." Minister Pagtakhan has written to Grand Chief Howard Anderson of the Saskatchewan First Nations Veterans Association, who chairs the National Round Table, to invite the round table membership to meet with government representatives to discuss details of the package.
