Manitoba Pipestone - March 2015

Right to impose property tax upheld

The Federal Court has determined that Buffalo Point First Nation’s reserve at Lake of the Woods has the right to tax cottage owners.

Justice Douglas Campbell upheld First Nations’ jurisdiction to enact property taxation laws, and the First Nations Tax Commission’s authority to review and approve these laws.

The Buffalo Point Cottage Owners Association brought the case because they were concerned about the transition from a fee for service arrangement to a system of property taxation. The case dates back to 2010, when the Buffalo Point First Nation first began exploring the implementation of a tax regime.

From 2010 to 2012 the First Nations Tax Commission met with the First Nation and the cottagers several times to explain what implementing a tax regime entailed, to review the procedures set out in the First Nations Fiscal Management Act, and to discuss potential impacts to the taxpayers.

In early 2012 the First Nation passed its taxation laws, and submitted them to the commission to review and approve, which the commission did in June 2012. The case was the first time the FMA, which came into force in 2006, or the commission’s processes have been reviewed by a court.

The FMA is legislation designed to clarify and enhance First Nations’ taxation authorities. The commission was created to support that jurisdiction, to take over the law approval function from the minister, and to reconcile the interests of taxpayers with the responsibilities of chiefs and councils to govern the affairs of the Nation. The cottagers have appealed to the Federal Court of Appeal. A date for the hearing of the appeal has not yet been set.

Ashton named Aboriginal Affairs critic in NDP shadow cabinet

Churchill MP Niki Ashton was promoted to
Aboriginal Affairs critic in the federal NDP shadow cabinet. Ashton, 32, replaces B.C. MP Jean Crowder, who announced last year she won’t be seeking re-election. “I’m pretty excited and very honoured,” said Ashton.

“This has always been an area that is close to my heart.” Ashton, first elected in 2008, was the critic for the status of
women, but has taken on a large role on the Aboriginal file as well. Her riding has the largest population of First Nations of any in the country, and the second-largest Aboriginal population overall.

 Ashton has been outspoken about the need for a national inquiry into murdered and missing Aboriginal women. Ashton said she’ll focus on speaking out for Aboriginal Canadians who have “paid a high price from the Harper government.”

She said the Conservatives haven’t properly addressed poverty on reserves, lack of housing, low education rates and high numbers of kids in child welfare.

MHRC
encourages Aboriginal people to report discrimination

The Manitoba Human Rights Commission is encouraging Aboriginal people who experience discrimination in housing,
employment or treatment that prevents them from shopping or entering business establishments to contact the commission.

“We have reported an increase in complaints based on ancestry and that includes Aboriginal people over the last few years,” said Azim Jiwa, executive director for MHRC. “We are, however, painfully aware that these complaints just scratch the surface of what is happening in our city.”

The mandate of the Manitoba Human Rights Commission is to promote and educate the public about human rights in this
province and to enforce the anti-discrimination provisions of the Human Rights Code.

The commission investigates complaints to determine if there is enough evidence to require a public hearing. The commission also mediates complaints, facilitating voluntary resolutions and remedies between the parties.

Aboriginal home ownership program facing funding cuts

The provincial government has announced plans to end funding to the Manitoba Tipi Mitawa, a program which helps Aboriginal people buy homes. Through the program, the down
payment for a home is covered by the Manitoba Real Estate Association, which contributes five per cent, and the province, which provides 10 per cent.

To qualify, candidates must be Aboriginal and have a steady job and good credit score. According to Harry DeLeeuw, co-chair of Manitoba Tipi Mitawa, 27 per cent of Aboriginal people own a home, compared to 72 per cent of the general
population.

The province has allotted a total of $767,618 to Manitoba Tipi Mitawa, $641,618 of which has been used to put people in homes to date.

“Manitoba Housing is now shifting focus to other projects,” said a spokesperson with the province. “We did provide four years of funding for this program, and the program retains the remaining $126,000 we allocated to put towards remaining
projects.”

Maclean brands Winnipeg as most racist

Macleans magazine has described Winnipeg as “arguably becoming Canada’s most racist city.” The Jan. 22 issue of the
magazine pointed to the huge gap between Aboriginals and non-Aboriginals, as well as the recent high-profile death of 15-year-old Tina Fontaine and the inquest into the death of Brian Sinclair, who died after waiting 34 hours in a hospital emergency room.

Mayor Brian Bowman, who is of Metis heritage, said there is no doubt Winnipeg does have a problem with racism. “Ignorance, hatred, intolerance, racism exist everywhere,” he declared.

“Winnipeg has a responsibility right now to turn this ship around and change the way we all relate.” Bowman’s response to the article was immediate. He called a press conference to address the issue raised and was accompanied by the city’s Indigenous leadership and civic leaders.

Bowman became emotional at the conference, saying Winnipeg had to do better. Winnipeg has the largest urban Aboriginal population in the country.

Compiled by Shari Narine