Harperites intend to assimilate all First Nations people

Rights termination plans follow pattern since 1967.

by Russell Diabo

On September 4th the Harper government clearly signaled its intention to:

1. Focus all its efforts to assimilate First Nations into the existing federal and provincial orders of government of Canada;
2. Terminate the constitutionally protected and internationally recognized Inherent, Aboriginal and Treaty rights of First Nations. 

Termination in this context means the ending of First Nations pre-existing sovereign status through federal coercion of First Nations into Land Claims and Self-Government Final Agreements that convert First Nations into municipalities, their reserves into fee simple lands and extinguishment of their Inherent, Aboriginal and Treaty Rights.

To do this the Harper government announced three new policy measures:

• A “results based” approach to negotiating Modern Treaties and Self-Government Agreements. This is an assessment process of 93 negotiation tables across Canada to determine who will and who won't agree to terminate Inherent, Aboriginal and Treaty rights under the terms of Canada's Comprehensive Claims and Self-Government policies. For those tables who won't agree, negotiations will end as the federal government withdraws from the table and takes funding with them.
• First Nation regional and national political organizations will have their core funding cut and capped. For regional First Nation political organizations the core funding will be capped at $500,000 annually. For some regional organizations this will result in a funding cut of $1-million or more annually. This will restrict the ability of Chiefs and Executives of Provincial Territorial organizations to organize and/or advocate for First Nations rights and interests.
• First Nation Band and Tribal Council funding for advisory services will be eliminated over the next two years further crippling the ability of Chiefs and Councils and Tribal Council executives to analyze and assess the impacts of federal and provincial policies and legislation on Inherent, Aboriginal and Treaty rights.

Imposed Legislation
These three new policy measures are on top of the following unilateral federal legislation the Harper government is imposing over First Nations:

• Bill C-27: First Nations Financial Transparency Act
• Bill C-45: Jobs and Growth Act, 2012 [Omnibus Bill includes Indian Act amendments regarding voting on-reserve lands surrenders/designations]
• Bill S-2: Family Homes on Reserves and Matrimonial Interests or Rights Act
• Bill S-6: First Nations Elections Act
• Bill S-8: Safe Drinking Water for First Nations
• Bill C-428: Indian Act Amendment and Replacement Act [Private Conservative MP’s Bill, but supported by Harper government]

Then there are the Senate Public Bills:

• Bill S-207: An Act to amend the Interpretation Act (non derogation of aboriginal and treaty rights)
• Bill S-212: First Nations Self-Government Recognition Bill

The Harper government's Bills listed above are designed to undermine the collective rights of First Nations by focusing on individual rights. This is the “modern legislative framework” the Conservatives promised in 2006. The 2006 Conservative Platform promised to:

“Replace the Indian Act (and related legislation) with a modern legislative framework which provides for the devolution of full legal and democratic responsibility to aboriginal Canadians for their own affairs within the Constitution, including the Charter of Rights and Freedoms.”

Of course “modern” in Conservative terms means assimilation of First Nations by termination of their collective rights and off-loading federal responsibilities onto the First Nations themselves and the provinces.

One Bill that hasn't been introduced into Parliament yet, but is still expected, is the First Nations’ Private Ownership Act (FNPOA). This private property concept for Indian Reserves – which has been peddled by the likes of Tom Flanagan and tax proponent and former Kamloops Chief Manny Jules – is also a core plank of the Harper government's 2006 electoral platform.

The 2006 Conservative Aboriginal Platform promised that if elected a Harper government would:

“Support the development of individual property ownership on reserves, to encourage lending for private housing and businesses.”

The long-term goals set out in the Harper government's policy and legislative initiatives listed above are not new; they are at least as old as the Indian Act and were articulated in the federal 1969 White Paper on Indian Policy, which set out a plan to terminate Indian rights at the time….

Video: Assembly of First Nations news conference January 10 2013

…Given their silence over the Harper government's “results based” “take it or leave it” negotiations approach, it seems many of the negotiating First Nations at the Comprehensive Claims and/or Self-Government tables are still contemplating concluding Agreements under Canada's termination policies. This can only lead to further division among First Nations across Canada as more First Nations compromise their constitutional and international rights by consenting to final settlement agreements under the terms and conditions of Canada's termination policies, while undermining the political positions of the non-negotiating First Nations.

In the meantime, Harper's government will continue pawning off Indigenous lands and resources in the midst of a financial crisis through free trade and foreign investment protection agreements, which will secure foreign corporate access to lands and resources and undermine Indigenous Rights.

Some First  Nation leaders and members have criticised AFN National Chief Shawn Atleo for agreeing to a joint approach with the Harper government, including the Crown-First Nations Gathering (CFNG), but to be fair, the Chiefs across Canada did nothing to pressure Prime Minister Harper going into the CFNG. Instead, many Chiefs used the occasion as a photo op posing with the Prime Minister.

The negotiating First Nations who are in joint processes with Canada seem to be collectively heading to the cliff of the “Buffalo Jump” as they enter termination agreements with Canada emptying out section 35 in the process.

Much of the criticism of AFN National Chief Atleo has come from the Prairie Treaty Chiefs. Interestingly, if one looks at the federal chart of the 93 negotiation tables not too many First Nations from historic Treaty areas are involved in the Self-Government tables, except for the Ontario region where the Union of Ontario Indians and Nisnawbe-Aski Nation are negotiating Self-Government agreements.

As a result of the September 4, 2012 announcements regarding changes to Modern Treaties and Self-Government negotiations, cuts and caps to funding First Nations political organizations and unilateral legislation initiatives, it is obvious that Prime Minister Harper has tricked the AFN National Chief and First Nations by showing that the CFNG “outcomes” were largely meaningless.

One commitment that Prime Minister Harper made at the CFNG – which he will probably keep – is making a progress report in January 2013. The Prime Minister will probably announce the progress being made with all of the negotiating tables across Canada, along with his legislative initiatives.

It appears First Nations are at the proverbial “end of the trail” as the Chiefs seem to be either co-opted or afraid to challenge the Harper government. Most grassroots peoples aren't even fully informed about the dangerous situation facing them and their future generations.

The only way to counter the Harper government is to:

• have all negotiating First Nations suspend their talks; and
• organize coordinated National Days of Action to register First Nations opposition to the Harper government's termination plan;
• Demand Canada suspend all First Nations legislation in Parliament, cease introducing new Bills and
• Change Canada's Land Claims and Self-Government Policies to “recognize and affirm” the Inherent, Aboriginal and Treaty Rights of First Nations, including respect and implementation of the Historic Treaties.

If there is no organized protest and resistance to the Harper government's termination plan, First Nations should accept their place at the bottom of all social, cultural and economic indicators in Canada, just buy into Harper's jobs and economic action plan – and be quiet about their rights. •

Russell Diabo is the Publisher and Editor of First Nations Strategic Bulletin where this article first appeared.

Source

Also see “First Nations Under Surveillance” and “Breaking Down the Indian Act.” More news and analysis of Idle No More.

© Copyright 2013 Russell Diabo, All rights Reserved. Written For: StraightGoods.ca