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AFN Special Chiefs Assembly Executive Report – December 2015

on January 5, 2016

National Chief’s Report

To my fellow Chiefs and First Nations Leaders: 

As we reflect on our progress over the past year, I want to begin by noting the important role First Nations electors played in helping to elect a Government that is expressly committed to rebuilding the Crown’s relationship with our peoples on a foundation of rights recognition. The Right Honourable Justin Trudeau has expressed his Government’s intentions in the mandate letters addressed to Cabinet Ministers and released on the Prime Minister’s website: “No relationship is more important to me and to Canada than the one with Indigenous Peoples. It is time for a renewed, nation-to-nation relationship with Indigenous Peoples, based on recognition of rights, respect, co-operation, and partnership.”   

This is a good time to reflect on how we got here. Following the release of the AFN’s election priorities document in August (Closing the Gap: 2015 Federal Election Priorities for First Nations and Canada), AFN leadership pressed all federal parties to commit to take action on a wide range of First Nations issues as a national priority.  

In the spirit of non-partisanship, our Closing the Gap priorities document was shared with all federal party leaders. The Leaders of the Liberal Party of Canada, the New Democratic Party and the Green Party each responded. Each of these parties also accepted our invitation to address the AFN’s Election Forum, held in Edmonton on October 7th.  At this event, First Nations citizens and leadership had an opportunity to hear presentations from the Hon. Thomas Mulcair (Leader of the NDP), Carolyn Bennett (then critic of Aboriginal Affairs) and Brenda Sayers (Green Party candidate), and to ask questions of the speakers. This event was webcast and was a huge success. In the end, each of these parties included key elements of our Closing the Gap priorities in their party platforms. Requests to the Conservative Party went unanswered. 

Members of your AFN Executive and I were very pleased to provide these opportunities for discussion of First Nations elections issues and priorities. Throughout the 2015 Federal Election, we witnessed a very high level of engagement and voter participation by First Nations in all parts of Turtle Island. With the impressive efforts of many independent “rock-the-vote” initiatives by Indigenous activists and volunteers, it is fair to say that engagement and turn-out by First Nations people in Election 2015 reached unprecedented levels. 

A record 10 Indigenous Members of Parliament were elected on October 19th, and we congratulate each and every one of them. We are all especially proud that Jody Wilson-Raybould, a former Regional Chief for British Columbia, is now Canada’s new Minister of Justice. 

As National Chief, I will work with the AFN Executive to build relationships and ensure the new government meets its commitments to First Nations. Our message has been clear – the rights agenda and the development agenda of all First Nations are equally important and must be addressed.

Much work lies ahead to support all First Nations in securing the full respect of our fundamental rights and to advance our respective development priorities. All of this will be carried out in accordance with mandates from Chiefs-in-Assembly.  

The new federal government has committed to many significant actions such as the full implementation of the Calls to Action of the Truth and Reconciliation Commission. Many have long been on First Nations’ agendas:

 

  • Implementation of the United Nations Declaration on the Rights of Indigenous Peoples
  • Establishment of a national inquiry into Missing and Murdered Indigenous Women and Girls
  • A review of federal laws and policies to ensure respect of First Nations’ fundamental rights
  • A lifting of the 2% cap on annual funding of essential services to First Nations and movement towards “sufficient, predictable and sustained funding for First Nations communities”
  • Increased funding for First Nations’ education
  • An end to boil-water advisories on First Nations reserves within five years 
  • Support for Indigenous languages.

 

At this AFN Special Chiefs Assembly we will again discuss the areas in which First Nations wish to work to support one another.  We also will continue our work together respecting Nation Building and AFN Renewal.

I have been energized and inspired by each of the events and gatherings I have had the honour to attend over the past year as National Chief. These have provided treasured opportunities to engage in ceremony and dialogue with many of you, for which I am truly grateful.

I am buoyed by a renewed sense of optimism as I consider the great work we have to do in the year ahead. I am committed to working in the spirit of respect and integrity that our ancestors have taught us. I look forward to receiving your counsel and your wisdom in the days to come. Together, we will, Close the Gap in well-being and secure the fullest implementation of our fundamental rights as nations and peoples.

Thank you.

Perry Bellegarde
National Chief, Assembly of First Nations

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rdbrinkhurstAFN Special Chiefs Assembly Executive Report – December 2015

National Chief Bulletin July 2015

on July 27, 2015

Update on the AFN 36th Annual General Assembly – July 7-9, Montréal, Québec

The Assembly of First Nations 36th Annual General Assembly (AGA) took place July 7-9, 2015 in Montréal, Québec. More than 1,000 delegates and observers gathered in Haudenosaunee (Mohawk) territory to discuss key issues and plan strategies and a path forward to advance First Nations priorities. Hundreds more followed the proceedings online through the AGA webcast.

The Assembly heard from federal party leaders Thomas Mulcair (New Democratic Party) Justin Trudeau (Liberal) and Elizabeth May (Green Party). The leaders made important public commitments to Close the Gap and to eliminate the 2% cap, which we have long known is really a cap on prosperity and opportunity for First Nations and Canada.  It is a failed policy that holds all of us back. All three leaders also agreed to support many of the ideas First Nations are putting forward, including a high level Cabinet table to deal with any laws or initiatives that affect our people; a mandatory review of any new or existing laws or policies to ensure they are consistent with our rights and Treaties; and commitments to honouring the UN Declaration on the Rights of Indigenous Peoples.  Each party leader put forward approaches for working in partnership with First Nations. The key for all of us is to hold the parties and their leaders to the commitments made to First Nations.

The Importance of Political Engagement in the Federal Election

After the Assembly opening ceremonies, we began an important discussion on mobilizing the First Nations vote for the upcoming federal election, scheduled to take place October 19.  A wide range of views were expressed. One thing was clear. There is widespread agreement that First Nations peoples can play a powerful role in choosing the direction of the country. There are 51 ridings in which our votes can make the difference in who will be the federal representative in Ottawa. 51 ridings in which we can have make our voices clear and we can cast a ballot for a government that will meet its obligations to our people. We will be talking about this much more during the next two months.

Other Business

During the AGA, Chiefs-in-Assembly passed 42 resolutions.  These include a commitment to convene a National Indigenous Energy Forum. Other resolutions provide support and direction on Full Implementation of the Truth and Reconciliation Commission of Canada’s Calls to Action, Revitalization of Indigenous Languages: Concrete Actions to Support Indigenous Language Teachers and Cultural Centres, Missing and Murdered Indigenous Women and Girls, and Canada’s Obligation to Develop with Indigenous Peoples a National Action Plan for Implementation of the UN Declaration on the Rights of Indigenous Peoples.  These and all other resolutions are available at www.afn.ca.

Delegates also discussed strategy and action on priorities including AFN restructuring and nation-building, action on the report of the Truth and Reconciliation Commission, First Nations and energy development, and First Nations education.  There were focused dialogue sessions on a range of issues including ending violence against Indigenous women and girls, Indigenous languages, Treaties, land rights and claims, child welfare and more. 

We come out of this Assembly strong and united.  Once again we are standing together and standing up for our people – standing together and committing to action to Close the Gap.  I thank all those who participated in the Assembly, who viewed it online and who expressed their views and opinions on the direction forward. 

Update on the Council of Federation – July 15, Happy Valley-Goose Bay, Labrador

Shortly after the AGA, I attended the meeting of Premiers and National Aboriginal Leaders in Happy Valley-Goose Bay, Labrador on July 15, 2015.  This meeting is a regular event prior to the premiers’ Council of the Federation meeting.

My message to the premiers is that all governments – including the federal government – must work together collaboratively with Indigenous peoples on real action and outcomes that will close the gap in quality of life between First Nations and the rest of Canada. I highlighted priority areas for action, including energy and the economy, education, revitalization of Indigenous languages, ending violence against Indigenous women and girls and the overrepresentation of First Nations children in the child welfare system.  I also urged premiers to ensure First Nations are fully included in the development and design of any National Energy Strategy.  A strategy will only succeed with the involvement of First Nations as full partners.

During the meeting, I was able to recognize the efforts by Alberta Premier Rachel Notley to implement the UN Declaration on the Rights of Indigenous Peoples in her province, calling this an example of positive and constructive action that premiers can take to advance reconciliation and close the gap.  I am also pleased to note that all 13 premiers expressed support for the calls to action in the Truth and Reconciliation Commission report.

A key area of discussion was follow-up to the February 2015 National Roundtable on Missing and Murdered Indigenous Women and Girls.  Manitoba has agreed to host the second Roundtable in 2016 and Ontario will provide coordination for tracking and furthering outcomes and commitments.  Alberta will lead development of a socio-economic action plan for Aboriginal women.

The absence of the federal government was noted throughout the meeting and premiers committed to communicating directly with the federal government to outline their actions and approaches and to call on the federal government to fulfill its responsibilities.

The AFN’s submission at the meeting – “Closing the Gap: Seeking Reconciliation, Advancing First Nations Well Being and Human Rights” – can be viewed at: http://www.afn.ca/uploads/files/closing_the_gap_-_seeking_reconciliation_advancing_first_nations_well_being_and_human_rights_fe.pdf

In Closing

Finally, I want to close by offering our thoughts and prayers to all those affected by the fires in Saskatchewan and elsewhere in the western regions. A blanket dance was held during the Assembly of First Nations 36th Annual General Assembly and more than $12,000 was raised in donations for those affected by the fires. Please keep all those affected by the fires in your thoughts and please donate or support them in any way you can.

We will continue to keep informed of all developments over the summer months.

National Chief Perry Bellegarde,
Assembly of First Nations

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rdbrinkhurstNational Chief Bulletin July 2015

National Chief Bulletin June 11, 2015

on June 11, 2015

Truth and Reconciliation Commission Closing Events:  May 31 – June 3, 2015 

Last week the country’s attention was on Truth and Reconciliation.  We heard the stories of survivors of Indian Residential Schools. We listened as former students bravely shared the experiences that shaped this country.  These are the experiences that must never be forgotten, must never be repeated, and must transform the way we relate to one another. 

As National Chief of the Assembly of First Nations, I was humbled and honoured to take part in Truth and Reconciliation Commission (TRC) closing events in Ottawa May 31 to June 3, to walk with those who believe in reconciliation, to stand with survivors, to hear from the Commissioners and to help lead the way forward. 

The Assembly of First Nations helped to bring to Ottawa more than 100 survivors from across the country who participated in the Walk for Reconciliation, education and awareness panels, the release of the findings and a moving ceremonial close at Rideau Hall. 

On June 2 TRC Chair Justice Murray Sinclair and Commissioners Chief Wilton Littlechild and Dr. Marie Wilson released a summary report of their findings.  This included 94 ‘calls to action’ in the areas of child welfare, justice, education, health and more.  The full final report is expected to be released later this year and includes testimony from more than 7,000 survivors. 

The calls to action will help guide the work ahead.  An apology requires action, and today now seven years after Prime Minister Stephen Harper and all of Parliament rose to apologize, we continue to urge change.  Our children must grow up safe and healthy in their own homes and home communities. Addressing the over representation of First Nations children in the child welfare system is essential.  We know that if we do not act, we will lose our Indigenous languages, the jewels of this land. 

I welcome the call by TRC Commissioners to the parties of the Indian Residential School Settlement Agreement for a new Covenant on Reconciliation to ensure the work of reconciliation continues.  AFN’s commitment to reconciliation remains strong, and we know that reconciliation requires work across a range of issues rooted in the impacts of the Indian Residential School system.  We must close the persistent, wide and unacceptable gap in the quality of life between First Nations and other Canadians.  I commit to doing the work required to get this done –  and will continue to press at all levels for the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.  This would be a tangible and essential step toward reconciliation in all areas of our lives affected by colonization and the attempt at cultural genocide. 

Canadians stood with us last week.  They continue to support our efforts to  set out and implement solutions.  Part of the reason for this is that more Canadians are learning for the first time their true history.  We agree with the call to action to ensure more efforts to educate Canadians about the residential schools as well as First Nations peoples, rights, laws and Treaties. 

Reconciliation involves all of us.  It means repairing and restoring our relationships.  We know that when First Nations win the entire country wins.  Our goal is healthy, thriving peoples and communities. The closing event of the TRC is not the end.  It is only the beginning.  We are ready to act. We are ready to transform this country. 

As a leader, I see myself as a helper—in Cree, ‘oskapewis’— and I promise to honour the faith that has been placed in me.  We will further review the calls to action and dialogue with the other Parties to the Settlement Agreement, Indigenous leaders and Canadians alike to bring about the transformative change we all want for our peoples.  We will do so in honour of the former students, the survivors, and their families. 

 

Mahsi cho,

 

National Chief Perry Bellegarde,

Assembly of First Nations

 

To view National Chief Bellegarde’s statement following the release of the TRC findings visit: http://www.afn.ca/index.php/en/national-chief/highlights-from-the-national-chief/response-of-assembly-of-first-nations-national-chief-perry-bellegarde- 

For more information on the TRC and to view findings visit: http://www.trc.ca/websites/trcinstitution/index.php?p=890 

To view National Chief Bellegarde’s statement on the anniversary of the Apology offered by Parliament for residential schools visit:  http://www.afn.ca/index.php/en/news-media/latest-news/assembly-of-first-nations-national-chief-marks-the-7th-anniversary-of-

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rdbrinkhurstNational Chief Bulletin June 11, 2015

6/2/15 Response of Assembly of First Nations National Chief Perry Bellegarde to the Findings of the Truth and Reconciliation Commission

on June 2, 2015

June 2, 2015
Ottawa, ON

Motivated by courage, the survivors of the Indian Residential Schools sought justice and recognition from Canada through court cases that set us on a course toward truth and reconciliation.  To the former students – the survivors – I honour you and I thank you.  I am humbled to be before you.  On behalf of the Assembly of First Nations, one of the parties to the Settlement Agreement, we thank the Commissioners for your strength, courage and heartfelt approach to the important work of truth and reconciliation. 

The Assembly of First Nations commitment to reconciliation remains strong.  Reconciliation means so many things as we move through the aftermath of the Indian Residential School system, one that we know was designed to rid Canada of ‘Indians’.  In its aftermath, we are left with the gap – a persistent, wide and unacceptable gap in the quality of life between First Nations and other Canadians.  We commit to doing the necessary work to close the gap. 

The calls to action describe and remind us of the work that lies before us – our children must grow up safe and comfortable in their own homes and home communities, so addressing the over representation of First Nations children in the child welfare system is essential.  We know that if we do not act, we will lose our Indigenous languages, the jewels of this land.  Only three Indigenous languages are predicted to survive, the two First Nations ones being Cree and Ojibwe, so revitalizing and preserving our 58 remaining languages is an imperative as they are the heart of who we are.  Committing to implementation of the United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation is an essential first step to guide reconciliation in all areas of our lives affected by colonization and the attempt at cultural genocide launched by the Indian Residential School System. 

We welcome the Commissioners’ call to the parties of the Indian Residential School Settlement Agreement for a new Covenant on Reconciliation to ensure that the ongoing work of reconciliation continues.  For the past number of years, we have met many challenges and made progress.  We thank you for your willingness to face the truth and work together.  Continuing in that spirit will create the reality that we want for all peoples in the future: healing, peace, justice and the quality of life that we all deserve. 

Education and awareness leads to understanding which in turn leads to action and ultimately reconciliation.  The call to teach the history of the residential schools in schools in Canada is one that I will continue to support. 

As a leader, I see myself as a helper—in Cree, ‘oskapewis’— and I promise to honour the faith that has been placed in me.  We shall further review the Calls to Action and dialogue with the other Parties, Indigenous leaders and Canadians alike to bring about the transformative change that we all want for all of our peoples.  And you, the former students and your families deserve nothing less than that.

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rdbrinkhurst6/2/15 Response of Assembly of First Nations National Chief Perry Bellegarde to the Findings of the Truth and Reconciliation Commission

04/29/15 Canada 2020 – First Nations, Fiscal Equity & Resource Sovereignties: The Path to Closing the Development Gap

on May 8, 2015

National Chief Perry Bellegarde

Assembly of First Nations

Canada 2020
Key Note Address 

April 29, 2015
Chateau Laurier, Drawing Room
Ottawa, Ontario

 

Click here for the pdf version

CHECK AGAINST DELIVERY

We are a couple of years away from Canada’s 150th anniversary. What change could come about between now and 2017 for First Nations, and for our relations with Canada, to make that occasion one First Nations can truly celebrate? 

Our relationship with Canada has been challenging and the path forward more difficult than it needs to be, but there is always hope and opportunity for positive change. 

When things look rough, hope and determination allow us to find that overlooked opportunity, that new way of looking at a situation, and ways to connect with activists, visionaries and leaders to make things happen for those most in need. 

As First Nations people come out of the shadows of the residential school experience, we look forward with anticipation to the report of the Truth and Reconciliation Commission. First Nations know that we are at an historic turning point. 

As a national leader, I see a path to hope and well-being for First Nations children and youth; and I see a path to positive change in relations with Canada. 

The positive change we are driving towards is closing the gap between First Nations and the rest of Canada on all the important indices of social and economic development. 

To win that change, First Nations are daily asserting our fundamental rights as peoples in our territories. 

We will use the resources we have – our people, our languages and cultures, our values, our hard work and our lands and resources – to get what we need, to sustain ourselves and to prosper once again. 

To be a part of that change, federal and provincial governments also have work to do. 

Fiscal Equity and Closing the Gap 

My first point focuses on the gap in well-being between First Nations and the rest of Canada, and what needs to be done about it. 

The work that lies ahead for First Nations – the first order of government – and our younger Treaty partners, the federal and provincial governments requires a common understanding of our Treaty relationships. 

The spirit of our Treaty relationships is one founded in the equality of peoples, not the domination of one people by another. That spirit is now reflected in international human rights law which expresses the connection between human rights, development, land, resources, security and equality between peoples. 

We need to renew the spirit of equitable sharing and caring for one another that is the essence of the Treaty relationship. A first order of business is to create the fiscal mechanisms that will implement the sacred commitments Treaty partners undertook as peoples to share this land. 

Fiscal transfers between federal and provincial governments, between regions and between First Nations and the Crown are part of the bond that holds us together in Canada, which binds us as peoples sharing the benefits and resources of this land and respecting one another. 

At the moment, these systems do not result in equity for First Nations – far from it. 

Unlike the fiscal base for services provided to people living off reserve, First Nation governments must manage many core services from health to infrastructure and to education and child welfare through discretionary program funding that has no legal protections. 

Since 1996, Finance Canada has maintained an arbitrary 2% cap on spending increases for core services. This is one‐third of the legislated 6% increase that most Canadians will enjoy through the Canada Health Transfer for example. Since 2006, provincial governments have, on average, increased their investments in their citizens by 4 to 10% annually. The significant gap in development outcomes for First Nations relative to Canada overall is therefore not surprising. 

The First Nations chapter in the Alternative Federal Budget[1] captures the problem well: “Current transfers to First Nation governments are conditional, inflexible, inadequate, unpredictable and arbitrary.” 

We are caught in a system that has First Nations administering our own poverty. And when our people flee this entrenched fiscal discrimination, to live in urban centres, the results of decades of fiscal and economic oppression are visible for all to see; and the responsibility of the federal government is downloaded to provincial governments. 

The statistics reveal the results of decades of fiscal inequity:

  • One in four children in First Nation communities live in poverty. That’s almost double the national average.
  • First Nation children, on average, receive 22% less funding for child welfare services than other Canadian children.
  • Suicide rates among First Nation youth are five to seven times higher than other young non-Aboriginal Canadians. 

In the face of this reality, the 2015 Federal Budget is clearly another costly and missed opportunity to develop a comprehensive approach to closing the gap between First Nations and other communities in Canada. 

In 2011, the Auditor General expressed profound disappointment that “a disproportionate number of First Nations people still lack the most basic services that other Canadians take for granted”.  

The Auditor General went on to note the negative impacts of current unstable funding arrangements in these words: “The use of contribution agreements to fund core government services and ongoing program obligations (such as health care or education) leads to poor stability from year‐to‐year for planning and program delivery; creates problems in timing of release of funds and its continuity; inhibits accountability to First Nation citizens; and leads to onerous reporting.”[2] 

There are two basic problems: first the status quo of chronic, conscious underfunding regardless of need or equity; and second, First Nations governments are funded like NGOs rather than governments that are part of the constitutional fabric of this country. We should be as much a part of intergovernmental transfers as provincial and territorial governments. 

The result is a lack of certainty for planning and ongoing social crises fuelled by chronic underfunding. Inadequate, inappropriate funding arrangements have created systemic inequalities. The development gaps between Canada and First Nations will continue so long as the current fiscal arrangements continue. This is the essence of the equality rights case made before the Canadian Human Rights Tribunal by the Assembly of First Nations and the First Nations Child & Family Caring Society of Canada. A decision from the Tribunal is expected any day.

Child welfare services is just one example of how progress on social and economic development for First Nations is blocked by the lack of fiscal capacity to allow proper long-term planning and implementation of those plans. Put at its simplest, the 2% cap represents a lock on First Nations poverty. 

The international community is taking note of Canada’s structural inequalities in its relations and treatment of First Nations. Respected human rights bodies are drawing the connection between gross socio-economic disparities on the one hand and grave human rights violations on the other. 

We saw this in March of this year, when the UN Committee on the Elimination of Discrimination Against Women concluded that Canada is committing grave human rights violations in failing to address the systemic discrimination that maintains entrenched poverty; and these human rights failures are a key factor fueling the ongoing tragedy of missing and murdered Indigenous women. The Inter-American Commission on Human Rights came to similar conclusions a few months prior. 

For those who cannot relate to the fact that the rule of law absolutely requires the implementation of our rights in ways that closes the gap, then I urge you to consider the business case. 

Maintaining First Nations in poverty is a situation where ‘cheap’ is expensive over the long term. If we close the education and employment gap between First Nations and other Canadians, First Nation workers would add $400 billion to Canada’s GDP by 2026 and Canada will save $115 billion in government expenditures. 

So – what must we collectively do? 

Establishing an equitable relationship of sharing requires the federal government and First Nations to work on fiscal arrangements that will ensure all First Nations communities have basic government services on par with other communities in Canada. This is a fundamental human right and obligation in a country as rich as Canada. 

Good governance requires the delivery of essential government services such as infrastructure, education, health services, potable water, child welfare services, fire and policing services to ensure healthy and safe communities. First Nations communities do not have access to anything near the level and quality of government services that other Canadians enjoy. 

Many Canadians may not realize that the federal government has the same responsibilities for the delivery of essential services to our communities that provincial governments have for theirs. Unfortunately, there is no overall federal strategy or plan to work with First Nations to close the gap in living conditions and well-being – as we saw again in Budget 2015. 

In recent years, the United Nations Human Development Index has ranked Canada as high as 6th or 8th in the world for living standards, while First Nations would fall to a rank in the neighbourhood of 63 or lower. The government’s own community wellness index reveals that the comparative position of First Nations to the rest of Canada has barely changed in over 30 years.[3] 

Almost two decades of underfunding has created living standards that remain well below the average that Canadians enjoy. It is First Nations children who pay the highest price of this fiscal oppression from the day they are born; and that must stop. 

A new fiscal arrangement must acknowledge that the current starting point for most of our communities is way behind other Canadians in terms of well-being and general living standards. 

A new fiscal arrangement must include significant catch-up investments with escalators that have a relationship to the realities of population growth, geography and other relevant factors. 

We must end the punitive and discriminatory underfunding of First Nations communities.

Treaty, Revenue Sharing and Resource Sovereignties 

My second point is that renewing the Treaty relationship in a broad sense means advancing progress on resource benefit agreements and on revenue sharing arrangements between the Crown and First Nations in each Treaty and Aboriginal title Territory. 

The first constitutional documents are the Treaties that began before Canada was created and which remain sacred commitments to share as equals. 

To establish a country that includes First Nations as equal partners will require fiscal arrangements with provincial and territorial governments that reflect the spirit of the Treaty relationship – whether expressed in the older Treaties or the newer agreements on land and self-government. 

Adhering to the spirit and intent of Treaty means that Canada cannot unilaterally renege on its commitments in modern “land claims” and self-government agreements. Lately it has been doing so in the most blatant way by imposing legislation that contravenes constitutionally protected rights to engage in joint decision-making through jointly designed and agreed-to mechanisms. 

In the case of older Treaties, resolving issues of Treaty interpretation will require some common sense re-ordering of Crown attitudes, a recognition that the extinguishment clauses (written in English and typically sent after the verbal discussions and Treaty were made) are a fraud. 

The very notion of extinguishment is a violation of our fundamental human rights as peoples. And let me clarify – there was no extinguishment of our land rights. No one would say – here take my land and give me next to nothing to live on. 

International human rights law recognizes the fundamental rights of all Indigenous peoples to sustain ourselves and to use our resources to prosper in our own lands. Our right to govern ourselves as peoples and to benefit from the resources in our lands is a fundamental human right. It cannot be extinguished. 

Many of you have probably noted the mounting number of victories by First Nations in the courts. These are all the more impressive because we have accomplished this in a system our governments don’t even control. That says a lot about us that is good; and a lot about Canada that is good. 

There has been much discussion, but also fear, in response to our victories in cases like Haida Nation and Tsilhqot’in. I am going to speak to that fear today. 

There is a recalibration of power that is taking place, a shift in power relations that is seeing First Nations restored to a place of equality as peoples with both pride and sovereignty. 

That change is nothing to be afraid of. It is an opportunity. It is an opportunity to take the hand we have extended in peace for generations and join us in re-building our communities. 

At the international level, there is guidance about what it means to work in peace with Indigenous peoples as equals, rather than as threats or as peoples to be dominated. 

The United Nations has confirmed that under international human rights law First Nations as Indigenous peoples hold a right to self-determination that includes development rights in our traditional territories. 

Article 32 of the UN Declaration on the Rights of Indigenous Peoples says, in part: “Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.” 

Our inherent rights as peoples have been confirmed by the UN – not created or granted – but rather recognized as existing human rights that are collective, pre-existing and non-extinguishable. 

So what does all that mean? 

The legal landscape tells us that Canada cannot have the development it seeks without us. Trying to contain this conversation within unilaterally designed federal and provincial regulatory frameworks does not work. It is also clear that Crown efforts to design policies and machinery of government to manage its consultation and consent obligations are insufficient. Governments are still trying to align themselves with the requirements of the 11 year old decision in Haida Nation. Policy and operational practices continue to be a good decade or more behind the jurisprudence because the Crown continues to try to manage us as clients rather than negotiate with us as peoples. 

For the benefit of all Canadians, federal and provincial governments will have to recognize the reality of 2015 – that there is shared sovereignty in this land – shared between First Nations and federal and provincial governments. Shared sovereignty, shared resource benefits, shared resource revenues. 

We are not a third order of government or a municipal form of government. We are the first sovereign peoples of this land and we continue to be the first holders of this land.

Shared sovereignty means we will no longer tolerate being treated as “claimants” in our own lands. What we hold is what the Creator gave us. We do not hold “grievances”, we hold this land. 

The 638 communities and the more than 50 nations encompassed by the Assembly of First Nations have seen the worst and are ready and primed to roll back the tired old ways of thinking.

We are resuming control. We are re-asserting jurisdiction over our lands and resources.

We are ready for meaningful consultation with the Crown on major policies and legislation. The obligation of the Crown to consult with First Nations on major pieces of legislation affecting our rights as peoples was recently confirmed by the Coutoreille (Mikisew Cree First Nation) decision of the Federal Court. Our environmental values and our notions of how to balance development and environmental protection and sustainability are part of this country and it is time we were listened to.

We are ready to do business with the business sector and we are ready to work with federal and provincial governments at all ministerial level tables – energy tables, economic development tables and education tables.

Canada needs to get this right – First Nations need to get this right! First Nations are no longer willing to sit on the side of the road watching rocks, minerals, forests, and other natural resources taken from our territories while our communities struggle. Ensuring all opportunities and benefits of resource development are fully shared with First Nations is a theme whose time has come.

Canada has suffered an economic depression a few times in its history – measures were taken to help alleviate the pressures of those times. Most recently we saw programs to promote economic stimulus. First Nations have been in a long-term economic depression that has left most of our communities in a state of poverty. The foot print it has left in our communities is unmistakable – the gap is felt by our very young to our elderly. 

Canada, provinces, territories, and First Nations need to come together to build a more inclusive Canada and a strong and honourable future for this country. To be successful, we need to work together on systems, policy, and new agreements, and to consider how revenues are shared, and how resources are developed. 

There is also important work to do to build capacity and educate our young people. This brings me to my third point. 

Education, First Nations Development and Hope 

What must First Nations do to advance our development agendas – at the national level and in each Treaty and title territory? 

We must instill hope in our children and youth that things can and will change; that we can make change happen through collective and individual action; and by being who we are. 

We are the entrepreneurs, the teachers, the environmental and resource managers who care for the land, the Elders and spiritual advisors, the activists, the hunters, the medicine people. 

The resurgence of First Nations culture and political activism is as high as it has ever been since we first experienced colonialism. 

A critical part of this change is being brought about through the education of our children and our youth, by First Nation teachers. 

Our Treaty rights and our right to self-determination include the right to develop, manage and maintain our own education systems. “First Nations Control of First Nations Education” remains the foundational principle supporting First Nation Education and it is the litmus test by which we assess any education proposal. 

Since the 2% cap on education funding was first implemented in 1996, it has created an historical funding shortfall totaling more than $3 billion for First Nations across Canada. 

This inequity is holding us back and must be addressed by a new fiscal framework accompanied by standards and accountability – but not with management or oversight by the Department of “Aboriginal” Affairs. 

The fact that a political agreement to address education reform fell apart does not mean that Canada and First Nations should stop trying. 

We must re-engage; and there must be a process that recognizes and supports regional and local diversity and that respects our Treaty rights and our inherent rights as peoples. 

Over the past six months or so, the National Indian Education Council (NIEC) and the AFN Chiefs Committee on Education (CCOE) developed a First Nation Education Work Plan. 

In December 2014, Chiefs-in-Assembly approved, for further discussion and development, a framework for a federal act for funding First Nation Education and for advocacy on First Nations education issues. 

The draft Framework is restricted to defining what the Federal responsibilities are in relation to funding First Nation Education. 

First Nations understand the need for education reform and that standards and accountability mechanisms are tied to funding. First Nations are doing this work. What First Nations won’t accept is for crucial elements to be dictated by a federal department with no First Nations education expertise. 

Where adequate resources have been provided to First Nations, great work has been done in places like Kettle and Stony Point First Nation as well as the Mi’kmaw Kina’matnewey in Nova Scotia. First Nations students have proven that if they are given equal resourcing and the quality of education provided other students in Canada they can achieve at the same or even exceed provincial rates. 

While success isn’t only about money, funding is absolutely crucial for First Nation Schools to offer a quality education that values our cultures and languages. One only needs to look at the funding level for provincial French minority language schools which receive more on average than their English counterparts to see what appropriate funding levels are required when a language is under threat. The vital role of First Nations culture and language in the curriculum is evident in the success stories in First Nation education such as that of Akwesasne. 

When discussing education and the need for a broader understanding of First Nation issues we need to work with provinces and territories to ensure curriculum includes First Nation culture and history. I would like to acknowledge those jurisdictions that have already embarked on this very important work. In partnership with Manitoba, First Nations have developed an education toolkit that is being aligned with Manitoba curriculum. The roll-out is planned for the fall. 

Conclusion 

As National Chief, one of my key priorities is to close the gap in well-being and living conditions that exists between First Nations and the majority of Canada. It is obvious that without significant investments in First Nation education and other critical supports such as housing, potable water and viable effective child protection programs, closing the living standards and wellness gap will be elusive. 

Fiscal funding inequities are a cap on First Nations’ potential; and therefore on Canada’s potential. 

When defining economic development objectives on reserve, or off, meeting the education needs of First Nations children and youth must be included in that discussion. Without educated citizens and an educated work force, our communities will continue to struggle to realize their economic development objectives. 

The path to change, to healthy, vibrant First Nations communities lies in holding up our First Nations youth. Instilling hope in their futures lies in rebuilding within our own communities. That is the responsibility of First Nations leadership. 

Rebuilding the relationship between First Nations and Canada, including fiscal relations, is a joint responsibility. 

Our young people are eager and waiting, our Elders and teachers are ready to lead, our entrepreneurs and our land managers are ready to work. 

We reach out our hands to our Treaty partner and say – let’s get to work and build a stronger Canada for all of us!


[1] The First Nations chapter of the Alternative Federal Budget (Canadian Centre for Policy Alternatives) was developed with the support of the Assembly of First Nations. https://www.policyalternatives.ca/projects/alternative-federal-budget 

[2] June 2011 Status Report of the Auditor General of Canada, http://www.oag-bvg.gc.ca/internet/English/parl_oag_201106_00_e_35368.html 

[3] Aboriginal Affairs and Northern Development Canada, The Community Well-Being Index: Report on Trends in First Nations Communities, 1981-2011 (April 2015) https://www.aadnc-aandc.gc.ca/eng/1345816651029/1345816742083  (“The CWB gap between First Nations and non-Aboriginal communities is substantial. In 2011, the average CWB score for First Nations communities was 20 points lower than the average score for non-Aboriginal communities. This gap is the same size as it was in 1981.”)

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rdbrinkhurst04/29/15 Canada 2020 – First Nations, Fiscal Equity & Resource Sovereignties: The Path to Closing the Development Gap

NATIONAL CHIEF BULLETIN May 2015

on May 4, 2015

Federal Budget 2015

The Conservative government tabled its federal budget on April 21. This Bulletin provides an initial assessment and analysis and a brief overview of the budget items of interest to First Nations. 

The bottom line is that this federal budget is a missed opportunity – a missed opportunity to develop a comprehensive approach for change for First Nations and Canada.  There is no significant investment and no plan to close the gap in the quality of life between First Nations and Canadians.  For First Nations, this budget is mainly re-announcements and minimal renewals, most at reduced funding levels. 

This is a status quo budget and the status quo is unacceptable.  We know first-hand the urgent needs: more than 120 First Nations communities that do not have safe drinking water, on-reserve high school graduation rates of only 35%, more children in state care than at the height of the residential schools, over-crowded housing and the need for more than 130,000 housing units on-reserves. 

We are attaching a summary of the announcements and areas that require further analysis.  I do want to provide some information on First Nations education. 

Funding for First Nations Education

You will recall that in February 2014 the Prime Minister announced $1.9 billion for First Nations education.  The funding, however, was tied to Bill C-33, the so-called First Nations Control of First Nations Education Act.  First Nations overwhelmingly rejected that flawed legislation, but we all agreed that investments in First Nations are urgently needed.  In November 2014, the government confirmed $500 million over 7 years for First Nations schools.  This amount comes from that original $1.9 billion, leaving $1.4 billion earmarked for First Nations education.  This federal budget announces as well the renewal of $200 million over 5 years, starting in 2015-16, in the Strong Schools Successful Students Initiative. 

The AFN pushed to ensure the $1.4 billion for First Nations education does not get re-allocated or re-profiled to other departments or for other uses.  Federal officials did confirm to AFN officials that the amounts budgeted for First Nations education are still in place and can still be invested in First Nations education. 

I will be meeting with Minister Valcourt in the coming month to urge him to do the right thing and resume discussions with the AFN about a mutually acceptable approach that will ensure the release of these much needed resources for First Nations schools. We are all fully committed to ensuring First Nations control of First Nations Education and an appropriate legal framework to support that goal in keeping with the direction of Chiefs-in-Assembly. I will keep you informed through all steps of this urgent matter. 

In the wake of the 2015 federal budget, my overall message to the government and Canada is this: First Nations were not meant to be poor in our own homelands.  This same government issued the apology for residential schools but, as we approach the final events of the Truth and Reconciliation Commission, we are seeing no action to give life to those words.  We are calling for action, investment and collaboration on a real strategy for change.  We will continue to push for change and progress with the public sector, the private sector and non-governmental organizations. 

United Nations Permanent Forum on Indigenous Issues, April 20 – May 1

I attended the fourteenth session of the United Nations Permanent Forum on Indigenous Issues (UNPFII) on April 27-28 (the UNPFII ran from April 20 – May1).  While there, I had the privilege and responsibility to deliver a statement on behalf of a wide range of Indigenous peoples’ organizations and human rights groups from across Canada and around the world. 

The statement calls on all countries, including Canada, to ensure that their laws and policies are consistent with international human rights standards set out in the United Nations Declaration on the Rights of Indigenous Peoples.  We spoke the hard truth that too many states, including Canada, claim to respect Indigenous rights while putting in place laws and policies that undermine those very rights.  We called on all States to uphold the UN Declaration on the Rights of Indigenous Peoples and to work with Indigenous peoples to ensure all laws are consistent with the Declaration. 

The full statement is available on the AFN website at:

http://www.afn.ca/index.php/en/news-media/latest-news/permanent-forum-on-indigenous-issues-assembly-of-first-nation

We will continue to keep you informed on the outcomes of the UNPFII and all developments that our peoples and our Nations.


 

 

2015 FEDERAL BUDGET – INITIAL SUMMARY OF INVESTMENTS FOR FIRST NATIONS

  • (renewal) $215M over five years to Skills and Partnership Fund, and $50M ongoing
  • (new) $33.5 over five years for “administrative support” for Aboriginal labour market programs and to launch a pilot on-reserve labour market survey
  • (new) $30.3 million over five years for the expansion of the First Nations Land Management Regime to create further opportunities for economic development on reserve
  • (renewal) $200 million over five years, starting in 2015-16, in the Strong Schools, Successful Students Initiative to help support First Nations to achieve better education outcomes, including building partnerships with provincial school systems 
  • (renewal) $12 million over three years to Indspire to provide post-secondary scholarships and bursaries for First Nations and Inuit students.
  • (ongoing) $2 million per year ongoing for mental wellness teams in First Nations Communities.
  • (~11M new) $33.2 million over four years starting in 2016–17 to support the Surveys on Aboriginal People (of which $22.3 million will be provided from existing AANDC, ESDC and HC funds)
  • (ongoing) $170 million per year will be provided to First Nations to support the construction, rehabilitation, and renovation of affordable housing on reserves and to enhance the management of the housing stock through Canada Mortgage and Housing Corporation and Aboriginal Affairs and Northern Development Canada


$ amounts in millions

2014-15

2015-16

2016-17

2017-18

2018-19

2019-20

Total

Aboriginal Labour Market Programming

20

57

57

57

57

249

Investing in Aboriginal Communities

44

61

63

56

59

283

First Nations Land Management

 

2

4

5

8

11

30

Improving First Nations Education

 

40

40

40

40

40

200

Indspire

 

2

5

5

 

 

12

Sustained Support for Mental Health Services in First Nations Communities

 

 

2

2

2

2

8

Surveys on Aboriginal People

 

 

10

11

7

6

33

 

AREAS WITH IMPLICATIONS FOR FIRST NATIONS REQUIRING FURTHER ANALYSIS 

  • $150 million over four years, starting in 2016-17, to allow cooperative and non-profit social housing providers to prepay long-term, non-renewable mortgages held with Canada Mortgage and Housing Corporation without penalty.
  • Federal Support for Affordable Housing: reaffirms the Government’s commitment to ensuring low-income families and vulnerable Canadians in need have access to affordable housing options.
  • Contributing to the Safety of Energy Transportation Infrastructure: $80 million over five years, starting in 2015–16, to the National Energy Board for safety and environmental protection and greater engagement with Canadians.
  • $135 million over five years, starting in 2015-16, to continue to improve the efficiency and effectiveness of project approvals through the Major Projects Management Office Initiative.
  • Affirms the Government’s intent to provide accelerated capital cost allowance (CCA) treatment for assets used in facilities that liquefy natural gas.
  • $34 million over five years, starting in 2015-16, to the Canadian Environmental Assessment Agency to continue to support consultations related to projects assessed under the Canadian Environmental Assessment Act, 2012.
  • $210 million over four years, starting in 2015-16, to support activities and events to celebrate Canada’s 150th anniversary in 2017.
  • Enhance support to Child Advocacy Centres across Canada for youth victims of violence.
  •  $75 million over three years, starting in 2015-16, to continue to support the implementation of the Species at Risk Act to protect Canada’s diverse species and secure the necessary actions for their recovery. 
  • $2.0 million in 2015-16 to the Pacific Salmon Foundation to support the Salish Sea Marine Survival Project.
  • $10 million per year for three years, starting in 2016-17, to the Recreational Fisheries Conservation Program to support the conservation of recreational fisheries across the country.
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rdbrinkhurstNATIONAL CHIEF BULLETIN May 2015

Presentation to The Standing Committee on Public Safety and National Security – Bill C-51

on March 12, 2015

Bill C-51 is the subject of a great deal of commentary and controversy.  First Nations have a long history in this country of dealing with laws that threaten our rights so we are always on guard against any legislation that could affect our rights, our citizens and our traditional territories. 

The key issues at stake in Bill C-51 are the State’s power to place individuals or groups under surveillance, to monitor their everyday activities, to create criminal offenses that affect our ability to exercise our legally recognized rights, and the overall relationship of State power to fundamental human and Indigenous rights. 

On these issues, First Nations have expertise and hard experience to offer this Committee, the government and Canadians as a whole. 

First Nations people are often forced to take a stand against actions or initiatives by governments that refuse to respect or protect our rights.  These activities are often deemed “protests” when in fact we are only calling on Canada to obey its own laws, which include the recognition and affirmation of inherent Aboriginal rights and Treaties in Canada’s own Constitution. 

So at the core of this discussion for First Nations is the unfinished business of balancing federal and provincial laws and authorities with the inherent jurisdiction and sovereignty of First Nations.  At its core, this discussion is about reconciliation – reconciling Canada’s claims to sovereignty with our pre-existing rights, title and jurisdiction, and Canada’s Treaty obligations. 

We need to finish that work.  It is the way forward.  But until we do, First Nations as individuals and as nations will assert our fundamental civil and political rights.  We’ve had to do this many times in the past in the face of a history of imposed, oppressive laws – laws that we are always told are good for us and good for Canada.  But in fact they were outright attacks on our identity and our rights. 

We have suffered under laws that banned our cultural and spiritual practices, laws that denied our right to vote, laws that prevented us from going to court to fight for our rights, laws that gave the State the power to steal our children and assault their minds and bodies, to try and kill our languages and traditions.  We have been subjects of surveillance and suspicion, and seen as a threat for as long as this country has existed.  Why?  Because our cultures, values and laws place a priority on protecting the lands and waters, they place primacy on sharing and sustainability.  Canada knows that our existence as peoples and nations qualifies and calls into question its claims to absolute sovereignty.  But our people survived and prevailed over all the assaults against us because our ancestors and Elders stood up for our people and our rights. And this generation is not going to forsake our ability to protect our lands and territories and rights that has ensured our survival. 

We will continue to assert our inherent sovereignty and sacred responsibility to protect the land and the waters.  We have the right to be decision-makers in any activities that affect our lands and territories.  Our laws and legal traditions embrace a balanced view of security, development, environmental protection and fundamental rights.  We have deep and strongly held traditions that respect individual autonomy, freedom of speech and how to balance these for the collective good. Canada can learn from this. 

That is the history and perspective we bring to this Bill.  We believe in the right to safety and security but the federal government’s rush to ram this legislation through is undemocratic and it violates our individual and collective rights. 

We have many concerns with this legislation.  First, the proposed Security of Canada Information Sharing Act sets out an overly broad definition of “activity that undermines the security of Canada”.  We see this as a euphemism for an “excuse to spy on” First Nations when they exercise their collective and individual rights.  Our people could find themselves under increasing surveillance because of the broad, vague concepts and activities covered by this phrase. It clearly goes way beyond the current Criminal Code definition of “terrorist activity.” 

The ‘for greater certainty clause’ that excludes “lawful” advocacy, protest, dissent and artistic expression is not adequate to deal with complexities of the ongoing task of reconciling First Nations law and jurisdiction with Canada’s asserted sovereignty. 

This government often invokes the rule of law. We would like some rule of law that respects our constitutionally protected rights and our fundamental human rights. The days are gone when absolute parliamentary supremacy trumps human rights and First Nations rights.  But we still see this government struggling to accept the Constitution Act of 1982 – both Part 1, the Charter, and Part II which recognizes and affirms our Treaty and Aboriginal rights.  Both sets of rights are at stake in Bill C-51. 

First Nations maintain that Bill C-51 will infringe our freedom of speech and assembly, our right to be free of unreasonable search and seizure, our right to liberty, our fundamental rights as peoples under section 35 of the Constitution Act, 1982, our Treaty rights and our right to self-determination.  Our right to self-determination— recognized in the United Nations Declaration on the Rights of Indigenous Peoples— includes the right to protect and make decisions about activities and laws affecting our lands and waters.  But there is a balance between rights and security and we can find it through dialogue with one another as nations.  Unfortunately, the process for developing this legislation did not meet the federal government’s duty to consult and accommodate and on that point alone is subject to challenge in the courts if the government tries to impose it on us. 

Bill C-51 sets up conditions for conflict by creating conditions where our people will be labelled as threats – threats to critical infrastructure or the economic stability of Canada – when asserting their individual or collective rights as First Nations citizens. This is not an abstract argument for our people.  We’ve been labelled as terrorists when we stand up for our rights and our lands and our waters.  We can see how First Nations have been lumped in with terrorists and violent extremists when they are asserting their fundamental rights and jurisdiction as in the recently leaked RCMP memo entitled “Criminal Threats to the Canadian Petroleum Industry”.  I am submitting as part of this presentation. 

First Nations have an unmatched record as peaceful peoples in the face of the most appalling human rights abuses, which is particularly exceptional when we remember the unrelenting assaults on our values, laws, jurisdiction and fundamental human rights. 

We are peace-loving peoples but we will push back against assaults on our most basic liberties.  We stand with the many other Canadians who are not willing to forfeit their fundamental rights and freedoms, who are demanding that this government engage in more careful crafting of important legislation.  Canada must do better and must do more to meet its constitutional and Treaty responsibilities to First Nations. 

I leave you with a statement directed not just at this Committee but to all Canadians.  First Nations know better than anyone how easy it is for government to ignore, erode and eradicate our most basic human rights and freedoms until you barely recognize the land you’re living in

First Nations deserve better, Canadians deserve better.  We cannot turn our backs on our hard won human rights and we cannot turn our back on the Indigenous rights, Treaties and title on which this country was founded.  We can do better and we must do better. 

First Nations will vigorously oppose any legislation that does not respect and protect our rights.   First Nations will stand up for the rights of our people and our responsibilities to our traditional territories.  

 We make the following recommendations: 

1)   That the Government withdraw the Bill and consult properly with First Nations about its impacts on our rights.

2)    That the Government discuss with First Nations options for a review process to examine all federal legislation that can impact the assertion of our section 35 rights. 

 

Appendices 

RCMP Memo

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rdbrinkhurstPresentation to The Standing Committee on Public Safety and National Security – Bill C-51
Assembly of First Nations
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