Chuck Strahl’s DEEP Commitment To Aboriginal People (Cough)
Trying to grasp what implementing a Land Claim Agreement is like?
Imagine this.
For generations your family has owned a fine piece of land in downtown Toronto. You’re approached by a developer, and after lengthy, tough negotiations, you work out a deal you’re both happy with. The contract is signed, you move to the small corner you’ve retained of your original property, and you wait for your payment.
It doesn’t come.
You get in touch with the developer. He informs you that they’ve decided not to pay you. That can’t be, you say. I’ll take you to court.
The developer smiles. “I AM the court”, he says.
Welcome to Canada.
Land Claims Agreements are modern treaties. First Nations or Inuit give up Aboriginal title to their traditional homelands, forever, in exchange for certain rights and benefits. Agreements like the ones recently concluded with the Nisga’a, the Inuit of Labrador or the Tsawwassan First Nation are the result of years of compromise and negotiation. Each is touted as a great step forward; each is celebrated as a milestone in the relationship between peoples. But when the photo ops are over and the bureaucrats have caught their charters back to Ottawa, the benefits negotiated somehow fail to materialize.
The failure is a disgrace shared by three decades of Conservative and Liberal governments alike. That’s not a statement of opinion from a pissed-off observer: it’s an objective fact,confirmed again and again by Royal Commissions, Parliamentary Committees, independent researchers, and a host of studies commissioned by the government itself.
Justice Thomas Berger, the distinguished jurist who led the Mackenzie Valley Pipeline Inquiry in the 1970s, was called on to try to resolve the impasse that arose when Canada failed to meet its obligations to Inuit under the Nunavut Agreement. Addressing the last conference of the Coalition three years ago, Justicer Berger warned that Canada’s abrogation of its duty to treaty holders across Canada was a dishonour to the Crown. In 2007, Auditor General Sheila Fraser took the Department of Indian and Northern Affairs to task for its utter lack of leadership or commitment to meeting federal obligations. And in May, 2008, the Senate Standing committee on Aboriginal Peoples also put much of the responsibility for the failure on INAC, saying it is a department that is “steeped in a legacy of colonialism and paternalism.”
In a twist worthy of Franz Kafka, INAC – the Department that negotiates and signs these agreements, is also the only Department that receives and responds to complaints when the Government defaults on its obligation. There is no other recourse, no higher court of appeal.
The Government has been told for decades by its own experts that the system in broken. At the root of the problem is the complete lack of an explicit Federal policy on implementation, binding the Crown to actually meet its obligations in good faith, and providing for independent arbitration of disputes. It seems silly – why would you need a policy to say you need to actually follow the rules you yourself have set? But the Government of Canada has consistently failed to do exactly that.
So six years, the major land claims groups in Canada formed the Land Claims Agreements Coalition, representing all the major comprehensive Claims. Their goal was simply to encourage the Government to create a policy that said nothing more complicated than:
a) We’ll honour our agreements, and;
b) If we don’t, there’s an arbitration provision that allows for an independent evaluator to decide on a fair settlement.
Sounds reasonable, right?
The Government ignored the request.
So the Coalition took three years, and WROTE a Land Claims Implementation Policy. In March 2009 the Coalition presented the Government with “A Model Canadian Policy on the Full Implementation of Modern Treaties in Canada between Aboriginal Peoples and the Crown.” It sets out an equitable, good-faith approach to implementation that addresses the issues raised by First Nations, Inuit and independent policy analysts for more than three decades. The goal was simply to open discussions.
The Feds never responded. Not a peep. And INAC simply refused to meet with leaders of treaty organizations. However, there were rumblings from senior bureaucrats inside INAC – comprehensive land claims are “new to Canada”, and it “takes time” to “implement these complex agreements”.
Uh huh. Well, while Nisga’a and Tsawwassan may be relatively new, the same cannot be said of the Nunavut Land Claims Agreement, which just passed its 10 year anniversary, or the Inuvialuit Final Agreement, which was signed in 1984, or even the James Bay Northern Quebec agreement, which dates back to 1975. These agreements aren’t “new”. A majority of native people in Canada were born after the signing of the first major comprehensive claim; and yet the Government still says it needs more “time” and “study” before it honours its commitments in areas like education, employment, resource sharing, consultation and a host of other issues.
Time’s up. Aboriginal people have honoured their side of the Agreements. They took the lead in drafting an Implementation policy for discussion with Canada. Their communities and peoples, already disadvantaged and marginalized, are particularly vulnerable to the current economic downturn.
Six months ago the Coalition began to plan a national conference in Ottawa, entitled “Claiming our Future: Implementing Land Claims Agreements for Social and Economic Prosperity.” It was scheduled to occur two months after the submission of the Draft Implementation Policy, so that the Feds would have time to review it and respond. Everybody hoped this would be the first step in getting the implementation of Claims on track. After all, it was only a year ago that Prime Minister Harper promised “…a relationship based on the knowledge of our shared history, a respect for each other and a desire to move forward together”.
And months ago, the Minister of Indian Affairs, Chuck Strahl, accepted the Coalition’s invitation to be their keynote speaker this week.
Well, you’ll never guess what just happened.
Strahl just cancelled. With 300 delegates from all the major Claims groups in Canada already en route to this major policy conference, Strahl’s flunkies notified the Coalition that the Minister had to travel to Whitehorse to make “an important announcement”. But, but, but … the leadership of the Council of Yukon First Nations, along with the leadership of every other Claims Group in Canada, have already travelled all the way to Ottawa to hear the Minister respond to their plea for a Land Claims Implementation Policy. Oh, darn…
I’ve seen Ministers of Indian and Northern Affairs – Conservative AND Liberal – demonstrate their complete and utter disdain and condescension for Aboriginal peoples before. But I’ve never seen anything quite as nakedly contemptuous and cowardly as this. Never.
Oh That’s nothing.
There was a meeting that Robert Nault was at. A group of elders had shown up to ask him to work with them on achieving better governance. Nault (escorted by police–the first Indian Affairs Minister who actually needed police protection) raced to his big black government car. The natives tried to approach the window with their petition,
Nault rolled down the window and threw them a quarter.
“Here’s a quarter – call some one who cares”
Cool huh?
Sorry to see that people who know more than a little about land claims can be stiff-armed by the same bunch responsible for that huge backlog at the land claims office – the PM and his Cabinet (of any stripe) and their lawyers at Indian Affairs and Justice. But I’m not surprised.
This should be a scandal but that depends on our ever-vigilant media who are more concerned about the Heckle and Jeckle show (Mayor Larry OBrian and Brian Mulroney) in Ottawa than Strahl’s no-show at a conference that might actually lead to improvement in lives in Canada.
Which is why there should be a theme song whenever any prime minister of minister of Indian Affairs enters the room, like “Hail To The Chief” is played for the President of the United States.
Here’s one suggestion: Alice Cooper’s “Welcome To My Nightmare.”
And another: J. Geil’s Band’s “Love Stinks.”
Or Richard Wagner’s “Die Walkure” (Ride Of The Valkyrie) (cuz they just love the smell of napalm in the morning)
– and once again the federal government ‘duck, run, and hope they go away‘ Avoidance Plan A kicks into gear.
The media will not cover this unless the LCAC decides to work really (really) hard at making it news – and (unfortunately) even then it is doubtful the legs it grows will be sufficient to lift it above what the media considers to be “news”; swine flu panic, the BC election, Mulroney/Schreiber, and Ruby Dhalla, seem to be at the lead of the line these days.
I checked the LCAC website this morning for their initial statement on Strahl running off to his photo op – there is nothing.
I’m on their mailing list – I received nothing.
I’ve been checking our national propaganda website for the last week for mention of the conference – there is nothing.
I’ve watched our national propaganda station for news segments on the conference over the last few days – there is nothing.
– and I am afraid b that, according to Comrade Google blog search anyway, your post is the only mention of this conference — let alone the federal governments decision to implement Plan A Avoidance
If I was running with this one I would have organized at least one question in the House yesterday (it’s still not to late to do that), if the LCAC doesn’t have some reasonable level of access to, or couldn’t find one single Opposition leader willing to put that sort of question on their list somebody needs to be asked why that is.
If this hasn’t been leaked to the media with some sort of unofficial and controversial spin on it to tweak their interest somebody needs to be asked why that is.
And somebody definitely needs to be asked why the LCAC hasn’t released a formal statement (complete with backgrounder and time line) on Strahl’s recent overwhelming urge to renege on his commitment and visit the Yukon.
You know, its amazing that Conservatives are all about private property and contract law when its their property and stuff, but suddenly don’t seem to understand that Treaties with natives are contracts that must be fulfilled.
[...] the highlights reel on official idiocy in Canada, take a look at the always lovely and talented balbulican’s write up over at the equally [...]
The first nations problem is one of the biggest issues facing the country today. To deal with it we have to come to grips with who we are and what we stand for as a nation.
I’m curious about why you are going back 30 years on this. Are you referring to the most recent round of land claim settlements? And if so, what are the issues or unfulfilled promises related to those. I would have thought that we as a country would be able to live up to current promises.
Rroe, the upcoming conference is specifically about the implementation of comprehensive (as opposed to specific) land claims agreements. Canada first established its modern processes for resolving these claims through negotiation in 1973.
The issues relating to the Nunavut Claim are identified in this report by Justice Thomas Berger.
Here is a report by PricewaterhouseCoopers that makes interesting, if depressing, reading.
See also the various OAG reports on DIAND.
You’d think so wouldn’t you rroe, possibly if the Crown actually had some honour in this respect instead of just talkign abotu it things would be different – but they are are.
The governemnt would like you, and everyone else for that matter, to believe that they have done, or are doing, everything within their power to honour both the spirit and the intent of the various treaties and land claims that have been signed – in practice they do neither, and have little intention of doing so.
What I don’t understand is why our “leaders” don’t get pissed off about it. Oh, I’m sure they’re fuming in their own circles. But I mean pissed right off.
Every time the head of ITK or AFN meets with a government official, they legitimize the delay. Every time the Premier or a Cabinet Minister from Nunavut attends a photo op with a Federal official, they legitimize the delay. Every time NTI asks for the Federal Government’s help on an issue (seal ban), they legitimize the delay.
When our “leaders” continue to compromise (even indirectly), they legitimize the delay. Say what you want about the Shawn Brants and Mohawk Warriors – they managed to focus a spotlight on these issues better than any highly paid lazy-assed “official” aboriginal leader.
Maybe I’m just young and radical – but conventional means are obviously not cutting it. Obviously, Canada is at fault here – but so are aboriginal “leaders” who are afraid to do think outside the box. I’m not calling for roadblocks or standoffs – but I am calling for an in-your-face national effort to draw attention to this issue. Canadian Tamils get it – they did what they had to do to be heard (even though they have yet to be officially heard). They were sick of being ignored, and took action. Now more and more Canadians are becoming aware of the situation in Sri Lanka. Good for them I say – but why haven’t our aboriginal “leaders” done the same?
With the resources and manpower at their disposal, National Aboriginal Organizations, Land Claims Associations, and Band Councils could really coordinate a good ruckus. Why isn’t this being done?
We could always just make more posters though.
[...] Earlier this week we told you the story of the Aboriginal Land Claims Coalition, an Aboriginal council whose lands represent the largest percentage of Canada’s land mass. After six years of futile struggling with the Federal Government to get an Implementation Policy passed, they finally developed one for INAC and submitted it last March. Chuck Strahl, Minister of Indian Affairs, promised several months to act as keynote speaker at their triennial national conference. At the last minute he ducked out, announcing that he had to be in Whitehorse that day. [...]
Throbbin said…”With the resources and manpower at their disposal, National Aboriginal Organizations, Land Claims Associations, and Band Councils could really coordinate a good ruckus. Why isn’t this being done?”…
Exactly,this is a two way street.
Its easy to condemn the the government whether Liberal or Conservative,rightfully so…but that said one can not nor should ignore the complicity and incompetence of the Indian Act Chiefs and their self serving orgs/,such as AFN etc..(government funded)
Where is the talk about the grassroots,Phil Fontaine is a national chief only in name,he speaks for AFN and the Indian Act…period,indeed they legitimize it.Talk about a conflict of interest.
When push comes to shove the Indian Act chiefs back down.After all they know who they serve and,who they are accountable to…and it’s not indigenous peoples.To believe otherwise is to be naive to the enth degree.