SHAPE-SHIFTING COLONIALISMTRUDEAU’S TWO-TRACK TERMINATION PLAN

KAHNAWAKE PRESENTATION

By

Russell Diabo, First Nations Policy Analyst

June 27, 2017

Liberal Indigenous Platform

Commitments2015 Election

Trudeau’s Major 2015 Indigenous Platform Promises

Nation-to-Nation ProcessNational Reconciliation FrameworkEnact the 94 TRC recommendations,

including adoption of UNDRIP.Recognize and respect Aboriginal title

& rights in accordance with Canada’s Constitutional obligations, and further those enshrined in UNDRIP.

Trudeau’s Major 2015 Indigenous Platform Promises

Immediately lift the two percent cap on funding for First Nations programs, and establish a new fiscal relationship. with First Nations.

Launch a national public inquiry into missing and murdered indigenous women.

Trudeau’s Major 2015 Indigenous Platform Promises

Undertake a full review of regulatory law, policies, and operational practices, in full partnership and consultation with First Nations to ensure that the Crown is fully executing its consultation, accommodation, and consent obligations, including on resource development and energy infrastructure project reviews and assessments, in accordance with our constitutional and international human rights obligations.

Comprehensive Claims Settlements

SCC Aboriginal Rights Test

R. v Van Der Peet (1996)

The right must involve an activity that was a “practice, tradition or custom [that] was a central and significant part of the [Aboriginal] society’s distinctive nature.

The activity must have existed prior to contact with European settlers.

The activity, even if evolved into modern forms, must be one that continued to exist after 1982, when the Constitution Act was passed.

Extinguishment (modification) of Aboriginal Title;Legal release of Crown liability for past violations of Aboriginal Title & Rights;Elimination of Indian Reserves by accepting lands as private property (fee simple);Removing on-reserve tax exemptions;

Respect existing Private Lands/Third Party Interests (and therefore alienation of Aboriginal Title territory without compensation);Acceptance of existing federal & provincial laws;Program funding on a formula basis being linked to own source revenue;

certainty and finality;modified and released; Non-assertion of rights.

14

Cash & Land: The Comprehensive Claims Formula: $25,600 per head 9.3 Hectares (23 acres) per head

Trudeau’s Two-Track Termination Plan

Sec. 91.24 Sec. 35

91(24) - 1867

Maintain (& amend) Indian Act

Legislation Over First Nations (Fiscal Institutions, FNLMA, etc.)

On-Reserve Programs & Services: Infrastructure, Housing & Education, etc. (Budget 2016-2017: $11.8 Billion-5 Years)

Sec. 35 - 1982

Unilateral Aboriginal & Treaty Rights Interpretation (Federal Consultation Policy)

Self-Gov’t Policy (Municipalization)

Land Claims Policies (Denial & Extinguishment)

SCC Decisions/Legal Tests

TRC Calls to Action & UNDRIP Articles (Nat’l Reconciliation Table)

PMJT and JWR have ignored and dismissed Romeo Saganash’s private members’ Bill C-262: A Framework to Implement UNDRIP.

Jim Carr, Federal Minister of Natural Resources said “the government is in the process of providing a Canadian definition to the declaration…The government is currently in the process of providing greater clarity to these definitions…We are going to get there by following a process and a regulatory regime”.

Source: Jim Carr to Standing Committee on Indigenous and Northern Affairs April 21, 2016.

On APTN Wilson Raybould said the government will work with First Nations who are ready to take on self-governance…She said that this could be achieved in a variety of ways, from “sectoral government initiatives” to “bi-lateral self government agreements” to “comprehensively negotiating a treaty under the modern treaty process.” Source: APTN Nation to Nation April 29, 2016

There is a need for a national action plan in Canada, something our government has been referring to as a Reconciliation Framework…And we do not need to re-invent the wheel completely. …Within Canada, there are modern treaties and examples of self-government – both comprehensive and sectoral. There are regional and national Indigenous institutions that support Nation rebuilding – for example in land management and financial administration.” Source: JWR at UNPFII May 9, 2016

“We intend nothing less than to adopt and implement the declaration in accordance with the Canadian Constitution.”

“By adopting and implementing the Declaration, we are excited that we are breathing life into Section 35 and recognizing it now as a full box of rights for Indigenous peoples in Canada. Canada believes that our constitutional obligations serve to fulfil all of the principles of the declaration, including “free, prior and informed consent.” We see modern treaties and self-government agreements as the ultimate expression of free, prior and informed consent among partners.”

Source: Carolyn Bennett to UNPFII May 10, 2016.

Liberal’s “Canadian Definition” of UNDRIP

“adopting the UNDRIP as being Canadian law are unworkable and, respectfully, a political distraction to undertaking the hard work required to actually implement it…Ultimately, the UNDRIP will be articulated through the constitutional framework of section 35.”

Source: JWR to AFN AGA July 12. 2016.

Jody Wilson-Raybould Trudeau’s Salesperson & “Minister of Colonization”

IV. FISCAL RESOURCES

To achieve the purposes of this MOU, Canada will:

1. provide financial support to the AFN and to regional First Nation organizations to support full and meaningful engagement with First Nations, as rights holders, with respect to the objectives of this MOU; and

2. work with the AFN to examine additional needs to achieve full and meaningful engagement of First Nations, as rights holders.

3. work in partnership on measures to implement the United Nations Declaration on the Rights of Indigenous Peoples, including co-development of a national action plan and discussion of proposals for a federal legislative framework on implementation;

5. ongoing work to develop options for consideration by Chiefs-in-Assembly and federal decision-makers for a new fiscal relationship to ensure sufficient, predictable and sustained funding for First Nations governments;

Trudeau’s Nation-to Nation Process = Using AFN & Chiefs

AFN accepted a Joint AFN-Cabinet Committee process on “shared priorities” where Trudeau has a veto on agenda items and process while AFN becomes a rubber stamp because a majority of Chiefs across Canada are coopted and compromised at federal negotiation (termination) tables (Over 400+ of 630). Moreover, the colonized management class of First Nations—from the band office level to AFN—is focused on administering the Federal Budgets 2016 & 2017 with a combined $11.8 billion 5-year new allocation for programs and services.

AFN-Canada NationalReconciliation Table

Trudeau’s Nation-to-Nation Process in Canada

AFN-Canada Cabinet Committee

Federal Minister’s Working-Group

AFN Executive Committee

AFN National Chief

Trudeau’s Nation-to-Nation Process in Quebec

AFNQL Chiefs’ Assembly

AFNQL Regional Commissions

AFNQL Director-General’s Table

Mohawk Council of Kahnawake

United Nations Declaration on the Rights of Indigenous

Peoples (2007)

Selected Articles of UNDRIP

Article 3 – Right to Self-Determination.Article 10 – No forced removal w/o FPIC.Article 19 – FPIC required before

legislation/administration measures.Article 26 – Rights to lands, territories, resources.Article 27 – Fair process jointly developed to

adjudicate rights to lands, territories, resources.Article 32 – FPIC required for and development

affecting lands, territories, resources.Article 37 – Rights from Treaties, agreements,

constructive arrangements.

Bill C-262 sets out the key principles that must guide implementation of the Declaration.

Bill C-262 provides clear public affirmation that the standards set out in the UN Declaration have “application in Canadian law.”

Bill C-262 would require a process for the review of federal legislation to ensure consistency with the minimum standards set out in the UN Declaration.

Bill C-262 requires the federal government to work with Indigenous peoples to develop a national action plan to implement the UN Declaration.

Bill C-262 provides transparency and accountability by requiring annual reporting to Parliament on progress made toward implementation of the Declaration. - The Coalition for the Human Rights of Indigenous Peoples

What Can Kahnawa’kehró:non Do?

STEP ONE: Inform Yourself.STEP TWO: Organize yourself.STEP THREE: Prepare Materials.STEP FOUR: Take Action.

Inform Yourself!

STEP ONE: INFORM YOURSELF. Find out what federal/Quebec negotiation tables the MCK is at.

Find out what position (if any) the MCK, Iroquois Caucus, AFNQL Regional Commissions & Chiefs’ Assembly, AFN Regional Vice-Chief, has taken on the federal First Nations Termination Policies & legislation.

Find out what the Traditional Houses are doing if anything.

Get more information and read it. If you don’t understand it find someone in Kahnawake who can help you understand it.

Organize Yourself! STEP TWO: ORGANIZE YOURSELF AND OTHERS. Start

networking and dialoging among family members, other concerned community members and other Kahnawakero:non, Haudenosaunee communities and organizations about the impacts of the Termination legislation and/or policies.

Form working-groups, distribute the info by photocopying, faxing, e-mail or social media if you have access to it. Think about events to make your views known to the wider public, maybe fund-raisers to cover costs of activities.

Link up with non-Indigenous allies/supporters where possible!

Prepare Material for Media & Public

STEP THREE: PREPARE MATERIALS FOR MEDIA & PUBLIC DISTRIBUTION. Try to get someone with media or public relations experience involved in helping to develop materials, or use materials and advice from other Indigenous peoples and organizations. Prepare positive messages to counter the negative federal or Quebec smear campaign underway; monitor and respond to negative and/or erroneous media reports; identify key spokespeople; develop media contacts; hold press briefings/conferences; don’t forget to contact both Indigenous and non-Indigenous media to make yourself heard.

Take Action!

STEP FOUR: TAKE ACTION. The exercise and implementation of the Kahnawakero:non right of self-determination will likely require some form of reconciliation of the traditional and elective systems of governance.

Questions?