Multiple Points of Light

Grounds for Optimism

in the Situation of First Nations in Canada

Purposes

• Not ‘public relations’ for DIAND. Rather:

• To offer encouragement to - students - practitioners (incl. public

servants) - educators - the public

• So as to counter despair, pessimism, fatalistic resignation, “compassion fatigue”, and the self-fulfilling prophecies that arise from them.

Focus

• Positive developments in the over one thirdof a century since the 1969 White Paper

• On- and off- reserve First Nation population

• Not exhaustive

• No attempt to provide balance or an overall assessment of the net effect or probable net outcome of the interplay between positive developments and countervailing forces

Criteria for Selection of Points - - Relevance to:

Organizational Structures

Capacity Of Opportunity

Self

Resistance Determination

Demographics:I. Births and Deaths

• Infant mortality rate has plummeted

• Life expectancy gap has narrowed• Demographic transition is largely complete

low birth rates = increased access to opportunity for women

• Rectangularization of population pyramiddeclining youth dependency ratio permits increased

standard of living

• Size: some economic & political ‘clout’

Demographics:II. Migration and Population Growth

• Inaccuracy of Stereotype of Transience - only the off-reserve pop. is in a state of flux- only 2% of R.I. pop. reported more than 1 change of residence in 12 months prior to 1991 A.P.S.

• Stemming of Pop. Loss: Net inflow to the reserves– contributes to critical mass needed for increasing

institutional completeness, economies of scale, and on-reserve entrepreneurial activity

– contributes to cultural preservation (Incubator Effect)

Human Capital Development:I. Education

• Drop-out / push-out rate: dramatic decline• Post-secondary Participation Rate: -

pronounced increase (25,800 enrolled in 2001-02)

• Educational Attainment- Degree holders (2001): 8% of pop. aged 25-64 (increases about 1200-1400 persons per year)

- Post-Baccalaureate Degrees: about 190 per yr- Greater dispersion among disciplines- Penetration of professions- Emergence of a new middle class

Human Capital Development:II. Healing

• Healing Funds: $350 million +• Federal Statement of Regret• Empowering Examples: publicized by RCAP

• Breaking the Silence re: Abuse- residential schools

- family violence

• Increase in Self-Esteem, Personal Pride, and Cultural Pride

• Residential Schools: Acknowledgement, Validation, Vindication & Moving on

Human Capital Development:III. Cultural Revitalization

• Language preservation and language training

• Repatriation of artifacts from museums

• Reclaiming of traditional songs, dances, stories, and drumming

• Spiritual development and re-discovery

• Flourishing of First Nation authors and artists- # -

Economic andEmployment Development

• Kamloops Amendment (1988)

• Creation of First Nation banking institutions

• Economic Development provisions of land claim settlements

• Burgeoning professions and entrepreneurship

• Cultural tourism and eco-tourism• Employment Equity Act

• Locational advantages

Responsibility and Trust

• Exhortations from leaders to “buy into” an ethic of personal responsibility

- e.g., Monture-Angus, Crowfoot, Alfred

• Grassroots challenges to nepotism and fiscal mismanagement

• Reassertion of agency by FN women (taking on added responsibilities, incl. chief

pos’n)

• Erosion of some factors creating distrust

• Tribal Councils: Extending trust beyond the boundaries of family and nation

Politics and Policy:I. Policy and Legislation

• Constitutional Recognition of Aboriginal Rights, 1982vs termination policy of 1969 white paper

• Comprehensive Land Claims Policy & Settlements• Institutional Accommodation

e.g., Employment Equity Act, Aboriginal fishery on Fraser River, sentencing circles

• Devolution of Administrative Powerse.g., Indian control of Indian educ’n; child

welfare • Statement of Reconciliation, 1998• Kelowna Accord (and political will behind it)

Principles in Supreme Court Decisions

• Treaties cannot be unilaterally extinguished.

• The honour of the Crown is at stake.

• Treaties must be liberally construed and ambiguities resolved in favour of the Indians.

• The fiduciary relationship is still in effect.

• Unextinguished title carries aboriginal rights.

• Even eighteenth century treaties are still valid.- # -

Politics and Policy:II. Supreme Court Decisions

• Marshall, 1999

• Delgamuuk’w, 1997

• Sioui, 1990

• Guerin (Musqueam), 1984 and

• Calder (Nisga’a) 1973- # -

Public OpinionPublic Opinion

• Now more supportive than in mid-1980s e.g. - majority support for Nisga’a Treaty (even in B.C.), ‘apology’, healing fund, special cultural protection, & compensation in comprehensive claims - improving views on the capability of aboriginal leaders and governments

• Only about 10-15% of Cdns are hard-core opponents of aboriginal people.

• Sensitivity to aboriginal peoples’ special relationship with the land

Resistance

• Numerous Examples: e.g., Anicinabe Park, blockades, Lubicons, Elijah Harper, Oka, Old Man River Dam, hunger strike, James Bay Crees, Burnt Church, Jay Treaty, www

• Effects: - constrained fed. govt’s use of power (e.g., smuggling)

- created political will for change among non-Native politicians (concern re: radicalization of youth)

• Resistance to Local Corruption (Actual or Perceived)

• Resistance to Paternalism & Family Violence e.g., Native Women’s Assoc’n re: accountability of chiefs and councils under self-government

Legitimacy and Recognition

• Charlottetown Accord• R.C.A.P Discourse Moves Goal Posts

- “third order of government” - inherent right to self-govt in Sec. 35

(including own criminal code) - nation-to-nation relationship - expanded land base - recognition of traditional knowledge

• Supreme Court Rulings ->• International (e.g., U.N. & European Parl’t.)

Conclusions

• Transformation of Sociological Landscapei.e., gradual opening & expansion of structures of opportunity; increased self-government; increased organizational capacity; and recurrent resistance

• Pattern Initial government resistance to FNs’ claims gives way to token recognition, which is followed by enhanced legitimacy through judicial & parliamentary/political recognition, after which come more meaningful concessions which open the door to substantial reforms by the most assertive FNs.