My Letter to the Chief of my band FEEL FREE TO CUT AND PAST and SEND TO YOUR CHIEF Dear Chief This summer the Supreme Court of Canada made a historic ruling that the Tsilhqotin Indigenous nation in British Columbia holds Aboriginal title to its traditional territory and ensures that First Nations with title have decision-making power. If this court decision can be implemented on the ground, it offers a chance to create a radically more just country. But the Harper government is denying this new reality: in order to push through their tar sands pipelines and resource extraction projects, they are trying instead to accelerate the elimination of Aboriginal rights. In response to the Tsilhqot’in decision, Harper has quietly introduced a newly revised policy to undermine and negate the Indigenous land rights that stand in the way of his agenda. We cant let this happen. Honouring Indigenous jurisdiction would not just pay off Canadas enormous legal and moral debt to First Nations: it is also our best chance to save entire territories from endless extraction and environmental destruction. Canada can seize the opportunity at this historic crossroad, but only if we build massive pressure on the Canadian government to finally recognize and affirm Aboriginal title. I would like you to consider putting forward 4 demands to challenge the current land claims reform process: 1) Disengagement of negotiating bands from the Termination Tables and forgiveness for all loans taken out to finance the process; 2) A fundamental and joint reform of both the Comprehensive Land Claims and Self-Government policies with duly mandated representatives of Indigenous peoples, with the aim of making the policies consistent with both Canadian law on Aboriginal title, Aboriginal rights, treaty rights and inherent Indigenous laws of jurisdiction; 3) Federal and provincial governments must provide funding grants to Indigenous peoples for negotiation processes; 4) Absolute rejection of the unilaterally imposed Eyford consultation process. The current Agreement in Principal MUST now be reconsidered in light of the new ruling. The Comprehensive Land Claims policy undermines inherent Indigenous rights to the land by forcing negotiating bands and groups to make all of the compromises over land and governance while Canada makes all of the gains. The 1981 land claims policy stated that the policy’s objective was “to exchange undefined aboriginal rights for concrete rights and benefits,” calling for the “extinguishment of all aboriginal rights and title as part of a claim statement.” Living off reserve I and many others have not been included in the consultation process and due to current Apartheid like legislation of the Indian Act my voice has not been acknowledged, this consultation process must be changed to INCLUDE ALL BAND MEMBERS to make any land claims lawful. In late September 2014, Canada quietly introduced the first major reform to the land claims policy in 30 years.[5] This policy is not intended to address the fundamental problems with existing policy, it is intended to shore up that policy and expedite extinguishment. The unbelievably short consultation period on the interim policy ends on November 30. Consultation is being led by Douglas Eyford – the author of “Building Partnerships,” known as the “Eyford Report” – that made recommendations to the federal government on West Coast energy infrastructure in 2013.[6] The Eyford report spelled out Canada’s priority: the need to “capitalize” on global energy demands, therefore “to construct pipelines and terminals to deliver oil and natural gas to tidewater.” The “impediment” to an expanded, diversified energy market is that Aboriginal peoples hold constitutionally protected title, rights, and treaties which industry and government must legally comply with. One strategy for obtaining compliance – particularly in British Columbia, where most lands are unceded – is through the land claims policy or through related “non-treaty agreements” that secure access to Indigenous lands and resources for the purposes of extraction and development. So it is no surprise that Douglas Eyford was appointed the Ministerial Special Representative on Land Claims almost immediately following the release of the Supreme Court of Canada Tsilhqot’in decision Eyford is traveling across the country scheduling meetings with First Nations bands until November 30. He is scheduled to release his report and recommendations for policy reform in mid-January 2015. Again I reiterate: those Living off reserve such as I and many others have not been included in the consultation process and due to current Apartheid like legislation of the Indian Act my voice and their voice have not been acknowledged, this consultation process must be changed to INCLUDE ALL BAND MEMBERS to make any land claims lawful. Respectfully yours
Posted on: Thu, 27 Nov 2014 20:22:02 +0000
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