Trust. Integrity. Reputation. Top News - September - 2002 Make some noise! Sheely Kabatay and Ted Menson cheer on Ontario's Juvenile Girls volleyball team at a tilt against Team Alberta during the North American Indigenous Games held in Winnipeg July 25 to Aug. 4. Photo: Brad Crowfoot Financial institutions act divides chiefs Minister Nault described the four proposed financial institutions: Team spirit and generous hospitality marks games Métis veterans ready for battle We see some smoke but is there a fire? - Editorial No benefit for Canadians - Guest Column Check out Ontario Birchbark THE ENTIRE CONTENTS OF WINDSPEAKER'S SEPTEMBER ISSUE ARE ONLINE IN THE ARCHIVES - ACCESS IS RESTRICTED TO SUBSCRIBERS ONLY. CLICK HERE FOR ONLINE SUBSCRIPTION INFO. Financial institutions act divides chiefs Paul Barnsley, Windspeaker Staff Writer, Ottawa Is it "from us?" Is it part of the governance package or not? If so, why is the national chief supporting it? Those are the key questions First Nations leaders and their political staff are grappling with now that the First Nations Fiscal and Statistical Infrastructure Management act has been made public. The questions, some sources say, could cause an enormous problem for the Assembly of First Nations (AFN) because they point to some impropriety in passing at least two resolutions at recent AFN meetings. A draft of the act was revealed on Aug. 15. Robert Nault, the Minister of Indian Affairs and Northern Development, and Manny Jules, chairman of the Indian Taxation Advisory Board, hosted a press conference to introduce the bill and announce that public consultations would soon begin. Both men spoke strongly in support of the proposed legislation that would create four financial institutions that will expand First Nation taxation powers. "The Fiscal and Statistical Management act is a First Nations-led initiative," said Jules, a former chief of the Kamloops Indian Band. "It is approved and supported by the Assembly of First Nations and the national chief. First Nations collecting taxes and their taxpayers support it, because it will provide more transparency and certainty in the First Nations tax system." The claim the bill is "First Nation-led" is based on a resolution passed in 2001 at the AFN annual general meeting in Halifax. But, "There was a serious procedural problem with the vote on the resolution, " wrote then Grand Chief Larry Sault of the Association of Iroquois and Allied Indians(AIAI) in a letter to AFN-British Columbia Vice Chief Herb George and Manny Jules shortly after the meeting. "A vote was required given the controversial nature of the institutions initiative and its likely effect on rights and jurisdiction (article 2.6 of the AFN Charter). According to article 8(1) of the charter, a positive vote of 60 per cent of the First Nations in attendance was required to ratify the resolution. At the time of the vote, there were at least 121 First Nations in attendance; 68 voted in favor of the resolution, 28 voted against, and 25 abstained. In other words, there was a positive vote of no more than 56 per cent of the First Nations in attendance," Sault wrote. "The chairperson ruled that the fiscal institutions resolution would be suspended or tabled, pending a ruling by independent legal counsel by July 30." Eventually a deal was worked out, one that hinged on a promise that no bill would be passed into law until it was returned to the chiefs-in-assembly for approval. There was no mention of that promise during the press conference on Aug. 15. There has been a curious silence since the bill was unveiled. Chiefs that political observers would expect to hear from on the issue have said nothing. No statement or comment was released by the AFN to mark this significant development. Under promise of anonymity, a couple of sources are speaking to Windspeaker. A former high-ranking AFN official said the national chief has already endorsed the fiscal institutions plan. His lack of comment either for or against it on Aug. 15 is unusual, and is probably linked to an uneasiness about the faulty resolution. An AFN insider said the most vocal chiefs who are aligned against the financial institutions initiative would love to attack the resolution that is being used to sell it as an "Indian-driven" initiative. But they don't want to draw attention to the fact that the Ottawa resolution rejecting the First Nations governance act was also open to question because voting rules weren't followed to the letter. Sault's successor, Grand Chief Chris McCormick, carried on the AIAI's objections to the fiscal institutions bill. "If we're sovereign nations, and we're always referring to ourselves as sovereign nations, how come we're going over to the government to say, 'Can we? . . . Can't you put this through in legislation so we can do it?' To me that's an assimilation process," he said. He repeated concerns that the AFN resolution endorsing the initiative was improper. "The resolution didn't meet the technical requirement of the AFN constitution. It was passed on a decision by the chairman. It was a clear violation of AFN meeting proceedings," he said. He pointed out that the fiscal institutions initiative was discussed at the AFN meeting in Kahnawake in July and the chiefs did not endorse it there. "This was raised at the recent AFN meeting. They were looking for support, but that didn't happen. The chairman cut off the debate because there was no clear support for the report that was done by B.C. regional chief Herb George and Manny Jules. There certainly wasn't clear support for the fiscal institutions initiative. The first time it got through, it sort of slipped through, I guess. But this time it ran into a more solid object," the grand chief said. Jules has argued that First Nations that allow non-Native individuals and businesses to use their land should be free to tax those people. McCormick doesn't think taxation is the only way to deal with that situation. "Why don't they just charge rent? Why does it have to be a tax system? They say you can opt in. But if it's legislated and it's a national act, there isn't any alternative. You either do that or you don't. I don't see why we as sovereign peoples are going to a colonial government to put in place institutions that we have the ability, the knowledge and the human right to do on our own." The minister and Jules believe the bill will be a great thing for Native people. First Nations, Nault said, "need better tools to raise money, to create an economy, and to build their government. They need the powers that every level of government in Canada already has and takes for granted. These powers help build businesses, roads, houses and communities. You can't run a sustainable government without these tools and it is high time First Nations had access to them." Nault has no doubt that the financial institutions act is part of his governance package, something the chiefs-in-assembly have rejected on several occasions. "We recently introduced a First Nations governance act to build a bridge to self-government. The Specifics Claims Resolution act was also introduced in the House of Commons. This legislation will establish an independent claims centre to address past wrongdoings and settle uncertainty over land ownership. This will open the door to more investments from the private sector. The benefits from investments will multiply and mean more job opportunities, more choices, and a better future for the next generation of First Nation children," he said. "Taken together with this package, the four institutions we are announcing today will have the stature, the stability and credibility required for strong fiscal management by First Nations. For First Nation people, the First Nations Fiscal and Statistical Infrastructure act will mean that decisions about where private money comes from, and how it is spent, will be made in the community by the community. The act will pave the road to economic development ... in other words, self-determination." Jules also sees the institutions that would be created by the act to be the key to a more prosperous future for his people. "For the last 130 years, our institutions have been legislated away. And this begins the process of legislating our way back in," he said. "To get to this point, however, we have had to overcome a major hurdle. The fear of change has trapped us in a vicious cycle of poverty, transfer dependency and leads to poor quality services and poor infrastructure. Which leads to little private investment and that leads to low incomes and the need for more transfers. "First Nations are missing something that other governments are so familiar with, that they don't even notice that we don't have them. We are missing what every other government has, our own public institutions. Where would you be if you did not have a good transportation system? Inadequate water and sewer systems? Where would you be if there was no reliable statistical information about you and your community? What would you do-what would that do to the valuing of your property? What you take for granted we are trying to build." During a press conference after the announcement, Jules said "One of the big problems we face continually is the fact that we don't have access to public venture capital. "When you look at reserves and their neighboring communities, the evidence is right before you-lack of sewer, lack of water, lack of proper roads. Without that kind of infrastructure you can't facilitate economic development and economic growth in our communities. Those fundamental institutions are going to be required for us to be a full partner in Canada's economy. That lack of involvement is costing some $9 billion collectively. Four billion because of disservice and poverty and $5 billion because of the under-productivity of this country. That has to change." The Indian Affairs minister rejected suggestions that the federal government is trying to push this bill through so it won't be on the hook for the costs of improving the infrastructure in First Nations communities. "This is not about reducing our fiduciary obligation, it's about giving powers to communities to make their own decisions in order to build governance structures that every Canadian takes for granted as it relates to their own government," he said. The minister said the new institutions will allow First Nations to do more with the money they have. "It's my understanding that it costs about 14 to 15 per cent on First Nation money to go out and borrow money, whereas other levels of government can get the same out in the market bonded at four or five per cent. That's just the cost of doing business in the First Nation because it does not have these institutions that other governments do have." Top Minister Nault described the four proposed financial institutions: "First Nations Finance Authority . . . will provide access to capital markets by allowing First Nations, like local governments, to use tools such as bonds and debentures to finance projects like roads or water infrastructure. Secondly, a separate institution will be created to establish financial standards, promote training and provide the assessment services for First Nations to have access to the capital pool. Good governments need good financial management. Third, a First Nations Tax Commission is needed to further strengthen the First Nations' real property tax system and provide greater representation for taxpayers. This new institution will take responsibility for the existing tax bylaw approval process and help balance community and taxpayers' interest. And finally, a First Nations Statistical Institute is needed to fill the gap in reliable, local demographic data. This institute will help First Nations meet their local data needs while at the same time building linkages with Statistics Canada." Top Team spirit and generous hospitality marks games Yvonne Irene Gladue, Windspeaker Staff Writer , Winnipeg From the opening ceremonies at the North American Indigenous Games in Winnipeg July 25 to the closing ceremonies on Aug. 4, thousands of athletes, volunteers, and spectators shared in the excitement, exuberance and team spirit that dominated throughout the 11-day sporting event. At any time of day, hundreds of First Nations, Métis, and Inuit youth on Winnipeg streets and at the sporting events were made visible by their colorful tracksuits, representing their traditional territories, cultures and sports. More than 6,300 of the best Aboriginal athletes were vying for gold, silver or bronze in 16 sporting events. This is the fifth time the games have been held, and they are recognized as the largest Aboriginal sporting competition anywhere. According to Déne Sinclair, communications manager for the games, the event was immensely successful. "It really completely blew my mind; it exceeded everything that I was expecting. These games are so important for the kids, for them to have an opportunity to come together and to share together not only their cultures, but also in sport. For a lot of them it is the first time they've competed internationally. It was an honor to have them here at my home in Winnipeg, and to see what a success it was," she said. "I would like to say congratulations to all the teams, they've worked really hard to get as many medals as they did. So, way to go. "One of the most popular comments I received throughout the week was how friendly Winnipeg is, that the licence plate saying friendly Manitoba is so fitting. So many people told me that they are really looking forward to coming back to Winnipeg, whether for their own personal reasons or for another event. Winnipeg treated them so well. It makes me proud to be from Winnipeg. Hearing these types of comments from all these participants from all over Canada and the United States is great," said Sinclair. The Forks, a site located close to downtown, was filled with hundreds of people during the cultural and musical entertainment component of the games. A number of other locations in the city also featured musicians and comedy acts. The 16 sporting events were 3-D archery, badminton, baseball, basketball, boxing, canoeing, field lacrosse, golf, rifle shooting, soccer, softball, swimming, tae kwon do, volleyball, wrestling and athletics. There were six competitive age classifications, for both male and female athletes: Bantam, 13 and 14 years old; Midget 15 and 16 years old; Juvenile 17 and 18 years old; Junior 19 to 21 years old; Senior 22 years and older; and Masters, 1952 and older. According to Sinclair, the North American Indigenous Games council is currently looking at Buffalo, New York as the site for the games in 2005. The games were televised on the Aboriginal Peoples Television Network, the official host broadcaster. Top

Métis veterans ready for battle

Cheryl Petten, Windspeaker Staff Writer, Winnipeg

While many Canadian veterans took time on Aug. 19 to commemorate the 60th anniversary of the Dieppe Raid, Canada's surviving Métis veterans had begun the latest battle in their ongoing fight for compensation.

The Métis veterans-some in their 70s, some in their 80s and 90s-are ready to do battle with the federal government in an attempt to win for themselves the compensation they feel they were cheated out of when they returned home from war.

The situation for Métis veterans was very much the same as First Nations veterans when they returned from war-benefits provided to non-Aboriginal veterans were not made available to their Aboriginal compatriots.

"It was for a variety of administrative reasons, we could see how, during the fifties, when these programs were being administered, that the majority of Métis veterans couldn't have and did not know that these programs even existed," explained Bruce Flamont, president of the National Métis Veterans Association. Chief among those reasons was that the Métis veterans on average had a level of less than Grade 3, while the programs were designed so that someone would have to have a much higher grade level to be able to participate. Another was that the federal government used radio, television and newspapers to inform veterans about the benefits programs, media that did not reach into many of Canada's remote communities.

"Why did they design programs that would exclude Métis veterans? Did they believe that it was in Canada's interest? Did they do it out of ignorance? Was it done out of malice? Or was it done, as a lot of people suspect, because we were different, because we were not white?" Flamont surmised.

Even if they did somehow find out about the programs for compensation, Métis veterans were often dissuaded from taking part, Flamont explained.

"Some of our people, they'd ask for assistance to begin a farm, they'd say, 'No, no, no, you've never been a farmer, so therefore you can't participate in the farming program.' And they'd have education programs and our people would go and ask for the education program, and they'd say 'Oh, no, no, you need to have Grade 8 to participate.' And our guys couldn't read or write, they just wanted to be able to read or write when they came back," he said.

The Métis veterans' fight for compensation is a battle that will be fought on many fronts-in the courts; overseas with efforts to gain support from countries that benefited from the wartime efforts of Canadian troops, including Métis soldiers; and here at home, through attempts to win the hearts of Canadians with accounts of how the Métis men who put their lives on the line for Canada were treated when they returned from war.

The battle will also be fought on a political level, said David Chartrand, president of the Manitoba Métis Federation, and the Métis National Council (MNC) minister responsible for Métis veterans.

"I think you're going to start seeing some serious political action happening throughout our country, the homeland of the Métis especially in western Canada," Chartrand said. "I've heard from veterans. I've had veterans in my office here, talking to me about landing in Normandy, and seeing their colleagues and other Métis soldiers fall and being shot to pieces, and a lot of them lived in prison camps and didn't know if they would live or die each day . . . and to find out that they made it to come back and to be treated in this fashion. They didn't even know that there was a process being established by Canada in the 1950s to deal with this process. And a lot of them weren't well equipped in education, so they didn't realize that they could advocate for themselves on these programs, or didn't even know the process of accessing. While, of course, the Department of Veterans Affairs is saying completely different, that the programs were available for everybody, why didn't they apply, blah, blah, blah, and the list goes on. So I think we're going to be looking at that. We've got the national president to write a letter to the Prime Minister, so that's going out, asking him to intervene on this matter, that his minister has definitely missed the boat, and clearly has taken a position that, I assure (Veterans Affairs Minister) Mr. Pagtakhan it's not the position of Canadian citizens in this country to treat their veterans in that fashion," Chartrand said.

"So this campaign is just beginning, and I think you're going to see some great action, some strong action, by the politicians, the Métis people themselves, and I think you're going to see it from the veterans. But you're also going to see if from Canadian citizens as a whole, once they realize what Canada's done."

While the MNC works to develop and implement its strategy on the political battlefield, the battle in the courts has already begun, explained Flamont.

While the Métis veterans are ready to have the compensation issue resolved in the courts, "that does not suggest that we are not wanting to negotiate," Flamont said. "Because on the other hand, you have to understand that, although we are suing the federal government which represents Canada, we believe very strongly that we are Canada, and that this nation is our nation. And that was the reason that we went out to defend ourselves and to defend our land, and what we thought and continue to think is our land, and is our country. So on one hand we're suing the federal government, which purports to represent Canada, but it's with a bit of trepidation, because in a sense it could be argued that we're suing ourselves."

While the court cases have been launched, the Métis veterans have not yet come up with any specific dollar figures for the compensation they are seeking.

"We haven't come to any numbers yet. We're still trying to open the doors, even to talk about that, and that hasn't been available to us," Flamont said. "But having said that, I want to be able to say that we expect nothing less than what was available and offered to white veterans. And so whatever they got, we should be able to get, this is what we're saying."

The veterans' association is also working to determine just how many Métis veterans there are that would qualify for any package that may be awarded, with initial estimates suggesting there could be 6,000 or more Métis veterans to be compensated.

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