Anishinawbe Blog

TORONTO (CP, Nov 28, 2007) – Ottawa’s attempt to clear a backlog of more than 900 aboriginal land and treaty claims won’t diffuse the mounting frustration fuelling blockades and occupations in Ontario, the province’s aboriginal affairs minister said Wednesday.

Michael Bryant said the new legislation introduced Tuesday in Ottawa won’t apply to the vast majority of the province’s aboriginal land claims, including some of its most problematic and high-profile cases, such as the ongoing aboriginal occupation in Caledonia, Ont.

“It’s useful for the very few claims that involve money and only money,” Bryant said. “As it stands, the bill will not address Ontario land claims, like the one affecting Haudenosaunee Six Nations in Caledonia.”

If passed, the federal legislation would create an independent tribunal of six Superior Court judges to make binding decisions on specific claims that were rejected or have dragged on for at least three years.

The province and the federal government have got to come up with a better – and faster – way of settling land claims if they want to avoid future occupations and blockades in Ontario, Bryant said.

The current process of settling aboriginal land claims is “unacceptable,” both for private landowners and for aboriginal communities who feel they have a legitimate claim, he said. Current delays – some as long as 20 years – just increase frustration in aboriginal communities, he added.

“It’s having a highly detrimental impact overall in the relationship and it leads to protests and blockades and the things that are not helpful at all to either side,” Bryant said. “The resolution of treaty claims is the biggest roadblock to the long-term relationship.”

There is little point in bringing in legislation to clear the backlog of aboriginal land claims if it doesn’t address the needs of Canada’s most populous province, said Grand Council Chief John Beaucage of the Union of Ontario Indians.

“If it’s not going to clear up a backlog of claims then why is it being introduced?” Beaucage said. “That concerns me.”

The mounting backlog of claims that take decades to settle is a “contingent liability on every single taxpayer in Canada,” he added.

“It just takes forever. Some people can spend their whole careers on one land claim,” Beaucage said. “The quicker it’s looked after, the better off we all are.”

In the meantime, Beaucage said, Ontario should follow the recommendation from the recent Ipperwash inquiry and appoint a provincial, arms-length treaty commissioner who would help settle federal land claims.

Indian and Northern Affairs Minister Chuck Strahl called the new, impartial process a “powerful new tool” that addresses decades of criticism and recognizes the weaknesses of the current system.

Ted Yeomans, Strahl’s director of communications, said the new legislation could apply to the “lion’s share” of claims in Ontario. About 90 per cent of Ontario’s claims fall under the $150-million cap placed on claims under the new legislation, he added.

Caledonia – Ontario’s most thorny and high-profile claim – doesn’t fall under the new legislation because Six Nations decided to pursue the claim through the courts, he said.

But Bryant said he has already spoken to Strahl about finding alternatives and other ways to speed up Ontario claims.

“The desire by the federal government to work with Ontario to expedite the federal claims is very positive,” said Bryant.

The existing system of resolving land claims was under fire for years – not just because it takes an average of 13 years to settle a case, but because the federal government acts as both a defendant and a judge.

The new bill was co-authored by Phil Fontaine, national chief of the Assembly of First Nations. The bill will now go to First Nations across Canada for review and chiefs will discuss it at a December assembly meeting.

Some estimate it will take more than 12 years to clear the backlog of claims given fewer than 20 cases are settled a year under the current system.

But New Democrat Gilles Bisson said there is plenty Ontario can do without the federal government if it were serious about addressing the plight of aboriginals – starting with sharing revenue generated by mining and other industrial activity on traditional aboriginal land.

“This is what galls me,” Bisson said. “To say what the federal government is doing is not going to fix the problem is one thing but the province is in a position to do a whole bunch of things.”

TORONTO, Nov. 29 /CNW/ – Grand Council Chief John Beaucage attended the Speech from the Throne today at the invitation of Premier Dalton McGuinty. That invitation and the content of the speech didn’t disappoint.

Grand Council Chief Beaucage applauded the initiative of the new Liberal government as something the Anishinabek Nation could support and work with.

The willingness of Ontario to implement the Ipperwash Inquiry Report recommendations and “forge a stronger, more positive relationship” is welcomed by the Anishinabek Nation.

“This is the first time in years that a provincial government in Ontario has given First Nations issues some priority,” said Grand Council Chief Beaucage. “That in itself is worth commending.”

“With these words in the Throne Speech, the direction of this government give us hope, as well as high hopes for the new stand-alone Ministry of Aboriginal Affairs,” said Beaucage. “Now the Premier and Minister Bryant need to work closely with us to make those words reality.”

Despite his encouraging remarks, Grand Council Chief Beaucage made reference to Tuesday’s meeting with The Hon. Michael Bryant. The new Minister of Aboriginal Affairs was greeted coolly by a cautious group of 42 Chiefs at the Anishinabek Nation’s Fall Assembly.

“Our Chiefs continue to be cautious. For far too long, we’ve been let down by politicians and excluded from the system,” said Beaucage. “This is the opportunity for the Government of Ontario to prove themselves and work with us to improve the lives of Ontario’s First Nations people.”

The Anishinabek Nation shares the same priorities with the McGuinty Government with regard to building relationships and enhancing First Nation economies.

Beaucage hopes to be working closely with Minister Bryant and his Cabinet colleagues to develop a self-government negotiating policy to engage the Province of Ontario in the many areas of self-government, including justice, health care, natural resource management, education and economic development.

Other highlights from the Throne Speech include the expansion of economic opportunities for First Nations people on and off-reserve.

“We are calling on the Province to come to the table to discuss equitable agreements for gaming and resource revenue sharing, and a new approach to supporting economic development,” said Beaucage. “With the involvement of Ontario, our goal of developing self-sufficient regional and local economies is just one step closer.”

The Anishinabek Nation incorporated the Union of Ontario Indians as its secretariat in 1949. The UOI is the political advocate for 42 member First Nations in Ontario, and is the oldest political organization in Ontario, tracing its origins to the Confederacy of Three Fires, which existed long before European contact.

OJIBWAYS OF GARDEN RIVER, ON, Nov. 27 /CNW/ – The Anishinabek Nation has a host of allies supporting its call for the Government of Ontario to begin implementing the recommendations of the Ipperwash Inquiry.

Today, Grand Council Chief John Beaucage presented The Hon. Michael Bryant, Minister of Aboriginal Affairs, with thousands of postcards that were sent by church groups, municipal leaders, teachers unions, community members and health professionals in support of the “Era of Action” campaign launched in June 2007. The postcards highlight the major recommendations of the Ipperwash Inquiry final report, including the creation of a Treaty Commission in Ontario.

“This isn’t only a message from First Nations citizens, this is a clear message from all people in Ontario, said the Grand Council Chief. “People all across the province have shown they understand the importance of establishing respectful relationships with their First Nation neighbours.”

Thus far, the Government of Ontario has been proactive in responding to the Ipperwash Inquiry recommendations including the establishment of the first stand-alone Ministry of Aboriginal Affairs.

“The Era of Action supporters have spoken loud and clear that we need to see some resolution of these aboriginal issues and to improve relationships between all people in the province,” said Minister Bryant who addressed the 42 member First Nations Chiefs of the Anishinabek Nation. “It is a significant priority of this government to implement these important recommendations.”

After years of stalling by the previous Progressive Conservative government, it was Minister Michael Bryant in his then-capacity as Attorney General who called the Ipperwash Inquiry into the events that led to the September 6, 1995 death of Anthony Dudley George during a land claim protest.

“Ontario citizens seem to understand the Ipperwash message that resolving treaty and land issues is the key to a harmonious and prosperous future for everyone in the province,” said Grand Council Chief Beaucage.

Commissioner Sidney Linden’s final report of the Ipperwash Inquiry made 100 recommendations including the establishment of a Treaty Commission of Ontario as well as a stand-alone provincial Ministry of Aboriginal Affairs.

The McGuinty government did just that on June 21st, 2007. The Hon. Michael Bryant became Minister of Aboriginal Affairs following the October re-election of his government.

The Anishinabek Nation incorporated the Union of Ontario Indians as its secretariat in 1949. The UOI is the political advocate for 42 member First Nations in Ontario, and is the oldest political organization in Ontario, tracing its origins to the Confederacy of Three Fires, which existed long before European contact.

OJIBWAYS OF GARDEN RIVER FN, Nov. 26 /CNW/ – Chiefs of the 42 member Anishinabek Nation communities have unanimously passed a resolution giving
First Nation councils the authority to rid their communities of drug dealers.

“Just as we have treaty rights and inherent rights, we have a right to demand drug-free communities,” says Grand Council Chief John Beaucage during a special fall assembly of Anishinabek leaders. “Today our Chiefs told their citizens they are willing to go to any lengths to make their communities safe – to use force if necessary.”

“This is what true leadership is about – being prepared to be aggressive, to take extraordinary steps to rid our First Nations of drug abuse, trafficking and associated organized crime,” said Beaucage. “Our war on drugs will employ the same tactic as our struggle to protect our rights, including passing new laws and strictly enforcing them, demanding action by other governments whose citizens are involved in the drug trade – even staging blockades to call nation-wide attention to criminals preying upon our youth.”

The Anishinabek Nation leader said First Nations need cooperation of outside agencies in their ongoing struggle to deal with problems associated with illicit and prescription drug use in their communities. He said organized crime and criminal gangs may be targeting First Nations for drug trafficking since they have inadequate resources to police their communities.

Chiefs at the Grand Council Assembly heard Curve Lake First Nation’s Keith Knott describe his community’s recent attempts to ban the partner of a community resident after he plead guilty to possession of marijuana for the purpose of trafficking.

“The individual, a common-law spouse of a band member, is now seeking a legal injunction to allow him to return to his home in our community,” said Chief Knott, “This injunction could erase the Curve Lake band council’s order banning him from reserve. If this individual should win, what will happen to my community? We are working so hard to get rid of these people.”

The Anishinabek Nation’s war on drugs will include:

-   Developing new Anishinabek Nation Laws to address who can come onto Anishinabek Nation Land, including provisions to forcibly remove drug dealers;

-   Enabling the Ogitchidaa (Warrior) Society and community safety circles to support law enforcement;

-   Seeking removal of opiates (ie oxycontin, percacet) from the First Nations and Inuit Health Benefits approved drug list;

-   Partnering with the federal government to develop a First Nation comprehensive health record to track prescriptions and abuse;

-   Developing youth-specific initiatives, including counselling, recreation, education and community support programs;

-   Lobbying for federal government investment in new prevention programs based on culturally-appropriate values;

-   Developing new programs to provide more support for First Nation citizens recovering from drug addiction.

—–Original Message—–
From: Goulais, Bob
Sent: Monday, November 19, 2007 5:17 PM
To: ‘helen frank’
Subject: RE: Policies

Helen: This topic is a difficult thing for many of our First Nations to understand.  Most First Nations are not used to these concepts of good modern governance.  For so long, our Band Councils operated trying to please everyone, help their friends, or make decisions that will keep them in power.  As you know, this type of approach has led to a lot of criticism over First Nations for poor governance and bad spending. In an ‘ideal’ world, the job of Chief and Council is ONLY political.  You meet to develop by-laws and policy that oversee the administration of programs and services.  It is the job of the Band Staff, under the direction of the Executive Director/Band Administrator, to implement those by-laws and policies.

For example:  If you decide to develop a Housing Policy.  Say you have money to build 10 houses a year.  Chief and Council will meet to develop criteria (without any bias or conflict of interest) and develop that criteria into a Housing Policy.  You don’t decide who gets the houses.  You decide how people are selected to get the houses.  Your administration implements the policy.  That way it is fair.  Everyone is treated equally.

Another example:  if you decide to develop a Hiring Policy.  You develop a policy and criteria on how you do Recruitment (posting, etc.), Application process, etc.  You develop a policy to govern the Interview process, number of questions, keeping score, etc.  You develop the policy on the Selection process based on interview score, suitability score, resume and cover letter score.  When you are done, it will be your Administration that implements the policy to hire people.  That way it is fair. 

Everyone is treated equally. When it comes to spending, a good financial policy sets a budget, a budget process, purchasing policy, spending limits, procurement and contracting policies, audit and reporting requirements, etc.

For example: if you decide to develop a Finance Policy.  The E.D. can have approval to spend in any area that has been budgeted for, to a maximum of $5000.00.  Cheques should all have two signatures on them, the E.D. and the Chief, or Finance Manager and the Chief.  Any amounts outside of the budget, or over the maximum of $5000.00 need to come to Chief and Council for approval.

Once you develop governance policies, financial policies, etc… your E.D. will be responsible for carrying out those decisions.  She will need to report to Chief and Council regularly to ensure she is carrying this out correctly.  That’s how she is accountable.  If she doesn’t adhere to the policy and works outside of them, there needs to be serious consequences. Yes, you are definitely accountable for what happens, but accountable for the policies and the process ONLY. 

You keep control by developing good and fair policies and by making good financial decisions through an annual, transparent, budgeting process.  You shouldn’t be accountable with who gets houses, jobs, etc.   Good governance and a good Band Council maintains an arms-length distance from administration.  But through good policy, they maintain control of their priorities and agenda. Like I said, this is all in an IDEAL world.  Many First Nations do not operate within these principles.

I hope this helps.

Bob Goulais

Chief of Staff &
Executive Assistant to the Grand Council Chief
Anishinabek Nation – Union of Ontario Indians