Anishinawbe Blog

January 30, 2008

Fighting for right to banish

Filed under: Anishinabek — Bob Goulais @ 3:28 pm

By Sarah Bissonette
Parry Sound North Star

WASAUKSING – Anishinabek grand chiefs recently reiterated First Nations communities’ right to banish people from reserves.

At the Anishinabek Nation’s Grand Council Assembly in December, the chiefs passed a resolution giving First Nation members the right to ban people after a federal judge determined a man banished from Curve Lake could return to the community, according to the Anishinabek News.

“We, the chiefs, thought that was very disturbing circumstances; historically we’ve always been able to utilize banishment as a form of punishment and to change behaviour,” said John Beaucage, Anishinabek Grand Chief.

Wasausking council has banished two people from the reserve in the nine years Chief Wilfred King has been on council.

The band council uses the provincial trespassing act to prohibit a person from being on the reserve if it is asked by a member of the community to ban them and it passes a resolution. Usually, said Mr. King, it’s used if a complaint is entered about a person with a criminal record for such things as theft, sexual abuse and abuse.

The two people banished in nine years were partners of Wasauksing community members and not members themselves, he said.

“Influence is what really bothers me with drugs. We really need to take responsibility and check who comes into our community from large urban centres” said Mr. King. “Policing them when coming into our community would be ideal, but then again, (how do you without) infringing on rights of the community, because we are a democracy.”

Banishment can be for any length of time, Mr. King said.

Mr. Beaucage said the Curve Lake court decision isn’t precedent setting because it was a lower court ruling.

In a similar case heard in Parry Sound in the summer of 2006, the partner of a Wasauksing member had his banishment overturned when he was acquitted of his July trespassing charge because it fell under the provincial trespassing act and reserves are federal jurisdiction, said Mr. King.

“It really saddened me because here I am trying to protect my community and here the other system doesn’t recognize it,” said Mr. King. “Since some of the banishments aren’t recognized by the system, it’s sort of hurtful to do it again. Why do we do it when it doesn’t work? It’s sort of sad when one government doesn’t recognize another government’s right to protect its community – and it’s all about protection.”

Mr. King said he’d like to make the overturning of the Curve Lake and Wasauking banishments an issue of Anishinabek Chiefs and try to change the current provincial trespassing legislation to one under federal law.

“I just don’t understand either why are we using provincial system (when First Nations) are federal responsibility,” he said.

Having the ability to banish a person from the community is more than for the protection of the community, but is also an important feature the Anishinabek Nation justice system as it works toward self-government, said Mr. King.

The Anishnabek Nation, comprised of 42 First Nations including Wasauksing, is working to step out from under the Indian Act and seek self-governance. Last spring, Mr. Beaucage and the federal minister of Indian Affairs agreed to meet regularly to attain that goal.

The Anishinabek Nation needs to develop a legal system to adjudicate laws in order to deal with “lesser offences” outside of Canada’s legal system, Mr. Beaucage said.

“A First Nation does not have power of imprisonment and we’ve never used that kind of justice process,” said Mr. Beaucage. “If a person is unable to change behaviour to the community, normally they are asked to leave.”

To help a person better their behaviour, First Nation communities have restorative justice circles , said Mr. Beaucage.

First Nation members needing help to solve a problem, such as within the family, or facing criminal charges can take part in restorative justice circles. Those facing criminal charges can go the restorative justice circle route with the approval of the Crown and judge, if they take responsibly for their actions.

“There are two diversion processes that exist for this process; stay-targeted diversion and sentence-targeted diversion. Stay-targeted diversion is a process where the matter is fully diverted to the Wiidookdahwin We-wina Chi B’maadizeyin (Helping each other lead a good life) Process, and is finished in the courts,” said the restorative committee in a written response. “The sentence-targeted diversion process runs parallel to the court system, where the participant is expected to fulfill their legal obligations in the courts, as well as the obligations to Wiidookdahwin We-wina Chi B’maadizeyin Process.”

The Wasauksing restorative justice circle works with about 10 participants a year, and banishment hasn’t been a part of the process, according to the committee.

Through the restorative justice circle, the community works with an individual to help them fit back into the society.

“We have had a number of instances where police officers are part of the justice circle,” Mr. Beaucage said.

Mr. Beaucage said he prefers the restorative justice circle’s route over banishment.

If a banished person wants, they can return and go through the restorative justice system, he added.

January 17, 2008

Government of Canada Reports Substantial Progress in Improving First Nation Water Quality

Filed under: Uncategorized — Bob Goulais @ 3:34 pm

In less than two years, Government reduces the number of high-risk First Nation water systems by over half.

NIPISSING FIRST NATION, ONTARIO – (Marketwire – Jan. 17, 2008) – The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Metis and Non-Status Indians, today released a progress report on the Plan of Action for Drinking Water in First Nations Communities, outlining improvements made in water quality on reserves across Canada.

The release of the report fulfills a commitment, made as part of the plan of action, to report on progress on a regular basis.

“In March 2006, our government introduced a water plan of action that significantly changed the way water quality was addressed in First Nation communities,” said Minister Strahl. “We are committed to ensuring that residents of First Nations enjoy the same protection afforded other Canadians when it comes to drinking water. Since coming to office, we have reduced by over half the number of high risk First Nation water systems.”

This number of high-risk water systems has reduced from 193 to 85. Also in 2006, 21 communities were identified as priorities, which meant that the community had both a high-risk system and a drinking water advisory. Today, only six communities remain on that list.

“The progress we are seeing is because of our government’s commitment to work with First Nations communities and deliver real results,” added Strahl.

The progress report also references a Procedure for Addressing Drinking Water Advisories in First Nations Communities South of 600 (http://www.hc-sc.gc.ca/fnih-spni/pubs/water-eau/2007_water-qualit-eau/index_e.html), developed by Health Canada, in partnership with Indian and Northern Affairs Canada and First Nation stakeholders. It promotes a team approach to addressing drinking water advisories.

“Our goal is to provide communities with the support they need so that drinking water advisories can be lifted as soon as possible,” said the Honourable Tony Clement, Minister of Health. “We are committed to working with First Nations communities to increase their capacity to prevent and respond to drinking water quality issues. This new procedure will be an important tool in achieving this objective.”

Minister Strahl also highlighted several Ontario First Nations who, under the plan of action, have received funding support for water projects that will benefit their communities. Over $61 million went to the following Ontario First Nations in 2006-2007 for upgrading existing and building new water and wastewater systems:

- Nipissing First Nation

- Moose Deer Point First Nation

- Henvey Inlet First Nation

- Biinjitiwaabik Zaaging Anishinaabek

- Mattagami First Nation

- Saugeen First Nation

- Red Rock First Nation

“I’m pleased to see the progress that is being announced today in many of our First Nation communities,” said Grand Council Chief John Beaucage, Anishinabek Nation. “First Nations in Ontario want to work with Canada, not just on the projects highlighted today, but in all possible efforts to ensure a reliable supply of clean, safe drinking water on reserve. Ultimately, we want to improve the living conditions for our people so we have healthy and safe communities.”

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BACKGROUNDER

FEDERAL INVESTMENTS IN FIRST NATION
WATER AND WASTEWATER SYSTEMS IN ONTARIO

Nipissing First Nation – $15.1 million: funding for two water infrastructure projects at Nipissing First Nation’s Garden Village community. One project (worth approximately $14.1 million) involves building new water and wastewater treatment plants, as well as watermains and sewermains. Construction has started and is expected to take approximately two years. Completion of this project will remove the high risk rating of the water treatment system in this community.

The second project, which is already underway, involves the development of an 84 lot subdivision, which includes roads, ditches, watermains and sewermains. It is being cost-shared between the First Nation ($2.6 million) and Indian and Northern Affairs Canada (INAC) ($1.0 million).

Nipissing First Nation, located on the north shore of Lake Nipissing between the City of North Bay and the town of Sturgeon Falls, has approximately 2,100 members, 840 of whom live on reserve.

January 9, 2008

A Few Thoughts from Montreal

Filed under: Personal — Bob Goulais @ 12:48 am

HOCKEY NIGHT IN MONTREAL

We had an amazing night here in downtown Montreal. Grand Council Chief and I attended the Montreal Canadiens vs. Chicago Blackhawk game tonight. I’m not a Habs fan but it’s a sensational thing to be in an arena where the home team wins, late in overtime, by a score of 4-3.

Special thanks for Mr. Francois Cote, Chief Executive Officer of Emergis and my friend Mike Roszak for the great hospitality and the amazing seats. Our meetings in Montreal were fruitful and a great partnership is being built between our respective organizations. Thanks very much.

PRESIDENTIAL PRIMARIES

I just arrived in my hotel room and turned on the TV and was completely surprised by the result of the New Hamshire Presidential Primary. The Democrats in New Hamshire selected Sen. Hillary Clinton as their choice for Presidental Candidate. She miraculously received 39 per cent, after being virtually written off by the pollsters and the pundits. The heavy favorite, Sen. Barrack Obama (who won the Iowa Caucus) obtained 37 per cent of the vote. Obama was favored by a vast majority of the polls, some in double-digits. But Mrs. Clinton ran a courageous, personal campaign instead of relying solely on her advisors including her chief advisor, President Clinton. Her organizers were highly motivated. What a great acceptance speech too. She’s starting to sound like a President. As CNN’s Lou Dobbs said: “Politics, tonight, just got a lot more interesting.”

I’m not a Republican supporter by any means, but it’s nice to see Sen. John McCain win the New Hamshire vote with 37 per cent of the popular vote. He is a respectable and courageous man, and a far cry from the outgoing Republican President. Most of us still disagree with McCain’s position on the war in Iraq. But what the heck is in his cheeks?

I’m quite disappointed in the showing of Rudy Guilianni – who failed to achieved double digits again.

January 7, 2008

The Miracles of Humankind

Filed under: Personal — Bob Goulais @ 8:22 pm

Ahnii-Boozhoo.

I’m sitting at the airport Exchange Cafe at Pearson International Airport, people watching, contemplating life, philosophy, downing a Diet Coke or two. Life is completely amazing. I can put my most personal thoughts on the web, unbenownst to the guy thumbing through his Monacle magazine sitting next to me.

Tonight, for the first time ever, I’m completely paperless and wireless. I checked in to my Air Canada flight from Highway 400 via Mobile Check-In. I printed my own baggage tags and dropped my bags off at the Web Baggage Drop Off. Downloaded my online Boarding Pass and went through security. No paper, no hassle. Incredible!

The miracles of humankind are only surpassed by the incredible miracles of Creation. I’m honoured and blessed everyday for the bounty of Earth and Humankind.

*raises his glass of D.C.* Miigwetch, Gzhemnidoo Anishinaabe bimaadiziwin.

Chiefs right to reject CAP as a legitimate voice

Filed under: Personal — Bob Goulais @ 11:11 am

By Doug Cuthand
Saskatoon StarPhoenix

Friday, January 04, 2008 

In early December, the Assembly of First Nations held a chiefs’ assembly in Ottawa. Among the items of business, the chiefs passed a resolution condemning the Congress of Aboriginal Peoples (CAP), stating that it was not the legitimate voice of the First Nations and were not a representative body.

It was termed ugly politics by some, but I felt it was about time the chiefs stood up and voiced their concerns.

The AFN is the legitimate organization that represents First Nations. Its membership is composed of the elected leaders. The Metis National council and its provincial member organizations consist of a system of locals that represent people at the community level. CAP consists of a dubious membership made up of non-elected individuals.

For the Federal government to recognize CAP is akin to the provincial government dismissing SARM and SUMA in favour of a self-appointed, non-representative group. The hue and cry against doing so would be tremendous.

For the Harper government to recognize the unrepresentative CAP organization over the legitimate elected leaders is a denial of our political rights.

The system of chiefs and councils is a governance system that our people have used for years. It predates the treaties and European contact. When the treaties were negotiated and signed, the government of the day chose to enter into the agreement with the chiefs and their “headmen.” When they wanted to assign blame following the Northwest Rebellion they sought out the chiefs and sent them and their followers to jail. In a perverse way they recognized the authority of the chiefs.

For much of the 20th century, many First Nations in Saskatchewan didn’t have a chief or they had a lifetime chief. The Indian agent ran the show and didn’t tolerate local leadership or dissent.

The early political organizers had to work with the local people to get elections and reinstate the chief and council system. The fact that the then Department of Indian Affairs fought against local control is an indication of the potential and power of legitimate First Nations government.

When the provincial organization, the Union of Saskatchewan Indians was formed, it was the chiefs who drove it. Later they evolved it into the Federation of Saskatchewan Indians and reconstituted it in the 1980s into a legislative assembly known as the Federation of Saskatchewan Indian Nations. In all cases, the chiefs drove the process.

There are some who are legitimately critical about their elected leaders. All democratic institutions must be able to face dissent. It’s a natural part of governance.

How many times have we heard of someone or some group critical of city council, the members of the legislature or Parliament? Criticism is part of democracy, so do we scrap the system because someone is critical of it? Why should a historic and legitimate system for First Nations be any different?

So why has CAP become the national voice of the aboriginal people? First, AFN national chief Phil Fontaine had strong ties to the Liberal party. In the partisan bubble Stephen Harper lives in, anything “Liberal” is a bad thing. Also, the AFN is a strong voice for First Nations people and the Conservative government would rather deal with a compliant and weak group. It prefers a vassal state to an independent voice.

The National “chief” of CAP, Patrick Brazeau, has made a series of policy statements that are naïve and lack substance but have currency with the federal government. For example, he wants to see the Indian Act scrapped but fails to provide an alternative that would strengthen First Nations.

He supports the proposition that the 600 First Nations be reduced to 60, but doesn’t explain how. He has fallen in line with every Conservative policy, including the scrapping of the Kelowna Accord that would have provided much needed resources for First Nations infrastructure, health, education and economic development.

This is music to Harper’s ears and his proven strategy is to drive wedges between groups. Whether it’s farmers, the provinces, West verses East or First Nations, his strategy is to rule through division. Nation-building has to take a back seat.

It is said that a statesman works for the next generation while a politician works for the next election. Harper has proven that he sees only the next election, with the damage he inflicts on the country being immaterial.

Historically, nations are built on institutions and not individuals. Nations that build around individuals are doomed to have turmoil, as new individuals vie for supremacy. Nations built around institutions have stability and processes that absorb the vagaries of politics.

We need to strengthen our First Nations governments with our eyes on the long term and avoid straw men and their shallow opportunism.

DISCLAIMER: The opinions expressed in the Anishinawbe Blog is solely the personal opinion of the author and does not reflect, in any manner, the opinions and position of his employer, community, family or associates.

NOTICE: The Anishinawbe Blog is copyright (c) 2009 BobGoulais.com, Nipissing First Nation, Ontario Canada. All Rights Reserved. Any reproduction, distribution, electronic transmission or unauthorized use, without the expressed permission of the author, is strictly prohibited.

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