By Lloyd Dolha

The Chiefs of Ontario are calling on the McGuinty government to reverse substantial cuts that have caused a budget crisis among First Nations child welfare agencies. A few months ago, the Ontario Ministry of Children and Youth cut funding to child welfare agencies by approximately $23 million; nearly $4.25 million was taken away from four Aboriginal child welfare agencies. “When one considers the challenges that First Nations children and youth are experiencing in many of our communities, this situation clearly does not make sense,” said Ontario Regional chief Angus Toulouse. “The reality is that these cuts translate into cutting back services for vulnerable children and families that truly need the support, while the government has squandered millions with little to no accountability in other areas.”

In the Ontario legislature, NDP leader Andrea Horvath called on Premier McGuinty to place a moratorium on these budget cuts. “There is a real crisis facing Ontario’s Native children and youth, but this government is shamefully reducing the resources that serve these vulnerable and disadvantaged young people,” said Horavth. Horvath said Tikinagan Child and Family Services lost $2.1 million, Paayyukotatno James Bay Family Services lost $1 million, and Weechittewin Family Services lost $941,522. She also criticized the government’s failure to support a key group, the Association of Child and Family Service Associations of Ontario, which was on the brink of closing in the first week of October.

“New Democrats are not prepared to stand by while vulnerable First Nations communities and children are abandoned by this government,” Horvath added. “Adequately funding First Nations child welfare services is an obligation that must transcend jurisdictional squabbles between the provincial Liberals and federal Conservatives.” Horvath pointed out that social problems such as substance abuse, family violence, sexual abuse, and youth suicide are much more prevalent among First Nations, and as such, more resources—not fewer—must be devoted to First Nations child welfare. According to a 2006 report from the Kenora Crown Attorney’s Office, the youth suicide rate in northwestern Ontario is 398 out of every 100,000, while the national average is barely 13.

Grand Chief Randall Phillips, holder of the child welfare portfolio of the Chiefs of Ontario and Grand Chief of the Association of Iroquois and Allied Nations, said that funding for First Nations agencies was already inadequate and the new cuts were “incomprehensible.” Phillips said First Nations leadership in Ontario would not sit quietly while vulnerable and marginalized Aboriginal children become victimized again. “Children and youth in our communities are in crisis,” said Chief Phillips. “Enough is enough. How can the government justify cutting funding to where it is badly required? Our leadership is very disturbed by this and are considering our options to ensure this funding is restored as quickly as possible.” Chief Toulouse agreed the situation is unacceptable. “The First Nations leadership of Ontario are calling on the government of Ontario, and Premier McGuinty, to reverse these cuts as soon as possible,” he said.

By Bernie Bates

I remember this story well because my Dad would never let me forget what happens to liars. To this very day when the weather turns colder and the leaves begin to wither and die- I recall my Dad saying how little Gordy Issac could lie to the devil and swear to God in the same breath. But all of Gordy’s lying came to an end one dark halloween night … and he was never seen again.

I was about ten years old; school had just started when Gordy disappeared. Everyone knew everyone in our town, but no one knew what happened to Gordy. His family hoped that he had just walked away. But most people figured that Gordy slept with the fishes.

Gorgeous Gordy, as he was known in Westbank, was slim but very strong for his size. He had jet black hair and these piercing blue eyes that could look straight through a person. All the girls were drawn to his bad boy image, and young Gordy played the part to perfection. It was kind of weird how I used to admire him, and at the same time I was scared of him.

The one and only time that I had any contact with Gordy, was the same day that he vanished. Some of my friends and I were playing hide and go seek. I was running around a corner when I ran smack into Gordy. We both went for a tumble, and in a flash he grabbed my by my coat and jerked me to my feet. He glared into my eyes, then he threw me into a bush and ran away. I was unhurt but I couldn’t move. It was as if I were frozen stiff. Two heart beats later two men came running around the corner and just as quickly they too were gone.

Suddenly the school bell rang and it seemed to bring me back to my senses. As I crawled out of the bushes I came face to face with the two big men. One of them growled at me, “Did you see Gordy?” “No, sir,” I stuttered. They were much bigger and scarier than Gordy, but I keep my mouth shut. I think it was the way Gordy looked into my eyes. It was as if he told me all that I needed to know with just one look.

Later that night as I was putting on my Halloween costume I found two scraps of paper in my coat pocket. One of them read, “ I can’t take it any more.” All of my lying will end here tonight on this bridge. Signed, Gorden Issac. The other note read, “My dear Briget. When I announced that I didn’t love you, I was lying. And when I said that I wouldn’t marry you today, next year, or even in ten years, that was also a lie. The truth is, I’ll love you for eternity Briget. P.S. Please don’t tell your two brothers of these circumstances. Unfortunately my destiny and my fate is our fortune.

I too kept a secret that Halloween night, and I also told a lie. Or is it a lie if you don’t say the truth out loud? While I was out trick or treating with my friends that night, I played a trick on them. I told them “My tummy hurts, I’m going home.” But I didn’t go home. I went to the bridge and I taped one of the notes to the railing.

Winter came and went with no sign of Gordy. Halloweens came and went. Then years flew by and still no sign of old Gorgeous Gordy. Eventually I grew up and moved away.

Tonight is the first time that I’ve been back to this bridge in ten long years. It’s another dark Halloween night. And at the stroke of midnight I find myself standing at the end of the bridge. In the middle of the bridge is the silhouette of a woman leaning over the railing. She’s crying out into the darkness, “I love you. I’ve always loved you.”

Then out of the fog a huge yacht appears and a slight man yells, “Jump! Jump! I’ll catch you in my arms.” Then the silhouette slipped over the edge into the darkness … never to be seen again.

THE END

By Clint Buehler

EDMONTON – The Alberta Metis battle to maintain their Aboriginal hunting rights in the province have been given another boost with a Provincial Court judgment.

Judge Brian Hougestol dismissed illegal hunting charges against an Alberta Metis hunter who refused to produce genealogical records to prove to provincial wildlife officers that he was Metis.

In his ruling released at the end of September, the judge said that moose hunter Dion Lizotte proved his ancestry when he produced a card identifying him as a member of the Paddle Prairie Metis Settlement, and no further proof was required.

The ruling is just the latest development in the ongoing battle between the Metis and Alberta Sustainable Resource Development (SRD)—and particularly SRD Minister Ted Morton—over Metis hunting rights. At the heart of the dispute is disagreement over who should determine who is Metis, the Metis themselves or “nameless bureaucrats” in SRD, and where in the province they should be allowed to hunt.

In his judgment, Hougestol ruled that when the province passed the Metis Settlement Act in 1990, it set out a comprehensive framework for determining membership, which suggests that the people of Alberta trusted Metis settlements to determine for themselves who was Metis.

Hougestol wrote in his judgment that “the Crown wants to create a parallel world of unnamed bureaucrats to analyze Metis genealogical records and second-guess the work of the settlements. This is inconsistent with the act, and with common sense.”

Lizotte, who is a member of his settlement’s governing council, shot a large bull moose on September 21, 2007 in the forest about 70 kilometres south of Paddle Prairie. (According to current SRD rulings, Metis living on settlements can only hunt within a 160-kilometre radius of their communities.)

He says the 6,000 members of Alberta’s eight Metis settlements should not be charged as long as they have their membership cards. “I’m a fifth-generation Metis living on the settlement. We shouldn’t have to go through this,” but some Metis say they are harassed by wildlife officers when they exercise their rights and are fearful of hunting off the settlement after he was charged and the moose he shot was seized.

“I feel a lot better that I don’t have to be scared to feed my family anymore,” he said after the judge’s decision, but that the case should never have gone to court. “We’re a land-based settlement. This should have been negotiated at the table, not in court. It would have saved a lot of people a lot of money.”

Commenting on the Lizotte decision, Gerald Cunningham, president of the Metis Settlements General Council, said “Mr. Lizotte and the Metis Settlements have won an important hunting decision for Metis settlement members.”

“We’re very pleased,” said Lizotte’s lawyer, Sean Beaver. “Ultimately we wanted the Metis people—at least those on settlements—to be able to hunt without questions about their right to do so.”

A lawyer for the Metis Nation of Alberta, said the decision challenges Morton’s approach to dealing with Metis and will help the court cases being fought by Metis who don’t live on settlements.

“We take it as a win for all Metis,” he said, and will be helpful for southern cases as well. The MNA is defending two ongoing illegal hunting cases in southern Alberta in its bid for reinstatement of IMHA policies that allowed Metis to hunt anywhere in the province.

Judge Hougestol declined to rule on the larger issue of whether Morton’s policy is valid or whether the province has failed to accommodate Aboriginal rights.

The Lizotte decision is the latest turn of events in the efforts of Alberta Metis to establish harvesting rights after the Supreme Court of Canada ruled in the Powley case in 2003 that Metis have constitutionally protected harvesting rights.

Following the Powley decision, the Metis Nation of Alberta negotiated with then Alberta Aboriginal Affairs Minister Pearl Calahasen—herself Metis—and her officials and they entered into an Interim Metis Harvesting Agreement (IMHA) to accommodate Metis hunting practices throughout the province.

That agreement worked for two and one-half years—until a change in government leadership. When Ralph Klein resigned as premier, he was replaced by Ed Stelmach. One of Stelmach’s rivals for the leadership was Ted Morton who, among his campaign promises was one to the Alberta Fish and Game Association, which had strongly objected to the IMHA, that he would revisit the agreement.

When Stelmach dropped Calahasen from cabinet and appointed Morton minister of Sustainable Resource Development—which includes fish and wildlife—Morton acted quickly, implementing a unilateral and arbitrary Metis Harvesting Policy where SRD officers now attempted to determine who is Metis in Alberta, and also excluding Metis in most of central and southern Alberta.

In August of 2007, the Metis Nation of Alberta Annual Assembly unanimously rejected Morton’s new policy and adopted its own Metis laws of the hunt, and has been defending Metis harvesters abiding by Metis laws who have been charged by the Alberta government. To date, more than two dozen Metis harvesters, including mothers, Elders and entire families have charged from across Alberta.

In April 2008, the Provincial Court of Alberta appointed one case management judge to oversee all of the Metis harvesting cases in the province.

On December 2, 2008, the Metis Nation of Alberta (MNA) launched a historic legal action against the Alberta government in the Alberta Court of Queen’s Bench. The action seeks a series of declarations that Metis in Alberta have the right to harvest throughout Alberta, and that the province’s current regulatory regime is unconstitutional in its application to the Metis.

The MNA decided to file the claim because the recent actions of the provincial government, including the termination of the IMHA, the unilateral implementation of a restrictive Metis harvesting policy and the laying of 25 charges “have created a repressive climate in Alberta that is deterring the Metis from exercising their right to harvest. This climate undermines the ability of the Metis to enjoy their way of life, maintain their relationship to the land and pass on their customs, practices and traditions to future generations.”

By Lloyd Dolha

A Kitamaat Chief Councilor says the recent shipping accident in the Douglas Channel confirms the Haisla’s worst fears about the proposed Enbridge Northern Gateeway project. Chief Councilor Delores Pollard of the Haisla First Nation reacted quickly to the news that a large ship leaving Kitimat, BC had struck the shore, causing significant damage to the ship. “This confirms our concerns around the Enbridge Northern Gateway project and the need to address the ‘real’ risks involved to our livelihood,” said Pollard.

On October 1st, a 187-metre 40,000 ton Bahama-registered freighter named the Petersfield suffered a catastrophic steering failure while running at full maneuvering speed in the Douglas Channel just south of Grant Point (approximately two hours south of Kitimat). “We are thankful that no one was hurt and that no oil or other contaminants were spilled, but this accident clearly demonstrates why northern First Nations and communities require a more adequate process to address the risks involved with shipping of any potential contaminants that will detrimentally affect our way of life,” said Pollard.

In a letter to the Canadian Environmental Assessment Agency and Enbridge, the Haisla First Nation expressed their objections to the plan for a new twin pipeline system from the Edmonton area to a marine terminal in Kitimat, stating “the potential impacts of oils spills associated with the proposed project are of significant concern.” Pollard said the Haisla have not been meaningfully engaged in the review process and have concerns regarding Enbridge’s ability to safeguard the environment. The letter also indicated the Haisla “will take every necessary step, including resorting to the courts, to continue to protection of our people and our rights.”

The Petersfield accident is reminiscent of the of the BC ferry that struck Gil Island three years ago and sank. “This is exactly why the citizens of Hartley Bay don’t want tanker traffic going through our area. This is the most obvious foreshadowing we have had,” said Gitiga’at First Nation Councilor Cameron Hill. “If that freighter had hit any harder, it could have spilled its fuel, and it would have been catastrophic for our area.” The Gitiga’at Nation is still dealing with the effects of the Queen of the North sinking.

The Enbridge Gateway pipeline would transport 700,000 barrels of oil and condensate between Alberta and Kitimat, requiring use of about 225 ships annually. Steve Greenway, Enbridge VP of Public and Governmental Affairs, said safety measures would be in place if the proposed terminal in Kitimat were realized. Greenway said an escort tug would be tethered to the tanker to maneuver vessels in situations similar to the Petersfield accident.“The tethered tug model isn’t going to be cheap, but it’s absolutely critical, and we wouldn’t consider moving tankers up the Douglas Channel without that,” he said, adding that their tankers would be double-hulled.

A number of First Nations have rejected the Enbridge plan already and are threatening court action as well. Referring to the demand for a public inquiry by other First Nations and community groups, Pollard stated, “The risks of shipping oil through our territories are real, and the impacts of an accident or an oil spill would be devastating to us all.” The Transportation Safety Board is investigating the Petersfield accident.

By Lloyd Dolha

Prime Minister Stephen Harper stunned First Nations leaders and mindful Canadians when he proclaimed that “we [Canada] have no history of colonialism” during the G-20 Summit in Pittsburgh on September 25, 2009. Hosted this year by U.S. President Barack Obama, the G-20 forum encourages economic dialogue between industrial and emerging-market countries. Harper was in the Steel City to join leaders of the top 20 developed and developing economies in the world to address the global credit crisis. The prime minister made his unfortunate remarks during the closing G-20 news conference.

Chief Ghislain Picard of the Assembly of First Nations of Quebec and Labrador said Harper’s statement denying colonialism was insulting and injurious to all First Nations and Indigenous peoples of Canada. “We cannot remain silent when such false statements are made. In fact, society has a responsibility to denounce such misleading statements,” said Chief Picard. “Denying the history of colonialism in Canada is like denying the holocaust.” Chief Angus Toulose of the Chiefs of Ontario called on the prime minister to immediately retract the inaccurate statement, and added that “clearly Canada does have a history of colonialism and for many years forcefully imposed assimilationist policies on First Nations in this country.” Chief Toulose further noted that First Nations communities across the country continue to feel the devastating effects of those policies.

Both leaders pointed out that Harper’s statement contradicted his earlier apology to First Nations regarding the Residential School System and completely ignored the nation’s colonial past during which the Native inhabitants were made wards of the state with no rights of citizenship. They added that legislation created by the dominant settler population and its government (such as the Indian Act) and policies of registering Aboriginal people for the purposes of control have established a long-standing colonial relationship of a racist, exploitive, and coercive. Internationally, Canada has been widely condemned in United Nations reports for its treatment of Aboriginal peoples and is one of only three nations in the world that has refused to sign the United Nations Declaration of the Rights of Indigenous Peoples (created September 2007).

The prime minister’s office said the comments were taken out of context and misunderstood. “It was in response to a question from Reuters about Canada’s voice and role in the international financial market. Basically, the prime minister was giving some context and saying that unlike past global empires, Canada does not have a history of colonialism with respect to the financial market,” said spokesperson Sara MacIntyre. “Past global empires have implemented policies that are colonial in nature. It was really focused on the international financial scene.”

Conservative senator Patrick Brazeau, former leader of the Congress of Aboriginal Peoples, agreed the statement had been taken out of context. “It is important to consider the context of [Harper’s] comments last week,” he said. “The prime minister sought to differentiate Canada’s history with that of past global empires with histories of colonialism. [Harper’s] apology for the tragedy if Indian residential schools last year clearly acknowledge the wrongdoings and racist policies of Canada’s past.”

AFN National Chief Shawn Atleo disagreed, calling the prime minister’s comments “shocking, confounding, and wrong.” Chief Atleo stated, “The Prime Minister must be held to the highest standard especially when speaking to the international community. There is no room for error.” He added, “The current line of response from federal officials that the prime minister’s remarks were taken out of context is simply not good enough for someone in his position.” The AFN leader said he has spoken to the Minister of Indian and Northern Affairs and urged both him and the prime minister to meet with First Nations leaders to address the matter.

By Clint Buehler

EDMONTON – A new collaboration between the Alberta government and Alberta First Nations, Metis and Inuit (FNMI) in creating Education Partnership Council has established a First Nations, Métis and Inuit Education Partnership Council to guide the future direction of FNMI education in Alberta.

The Partnership Council’s mandate is designed to identify and complement the work already being done in FNMI education in the province and is Alberta’s next step stemming from discussions at the Summit on Aboriginal Education hosted by the Council of Ministers of Education, Canada (CMEC) earlier this year.

“First Nations, Métis and Inuit children and youth are integral members of Alberta society and are critical to Alberta’s future. They must have access to all the opportunities available to other Albertans,” says Alberta Education Minister Dave Hancock. “This Partnership Council will work to foster in every FNMI community a belief in education as a foundational value necessary for the success of their people. As leaders in our province, we commit to instilling in our communities the importance of education, and we will strive to close the achievement gap between Aboriginal and non-Aboriginal learners.”

The Partnership Council’s membership will include the Alberta Ministers of Education, Aboriginal Relations and Advanced Education and Technology; Grand Chiefs of Treaties 6, 7 and 8; and the presidents of the Métis Nation of Alberta and Métis Settlements General Council. The ministers and the Aboriginal leaders have invited eight community representatives with knowledge of and experience in First Nations, Métis and Inuit education to participate on the Council.

“The FNMI Education Partnership Council fully supports our Treaty 7 education and cultural goals of improving and achieving higher educational success for all First Nation learners,” says Treaty 7 Grand Chief Charles Weasel Head.

Council members will work together to identify and co-ordinate strategic actions to which the partners can commit, individually and collectively, to align programs and services to meet the needs and unleash the full potential of FNMI learners in the province.

“We look forward to working with the FNMI Partnership Council,” says Gerald Cunningham, president of the Métis Settlement General Council. “This is a positive direction that will support our strategies in improving education initiatives and goals for our Métis learners.”

Hancock and Gene Zwozdesky, Alberta minister of Aboriginal Relations, along with Alberta’s Aboriginal leaders, attended the Summit on Aboriginal Education, hosted by CMEC in February. CMEC and FNMI leaders agreed that although some educational improvements have been made, there is still a significant gap in education achievement between FNMI and non-FNMI students across the country.

“Addressing barriers to education is a critical part of achieving broader successes for Aboriginal students,” says Gene Zwozdesky, Alberta minister of Aboriginal Relations. “Creating this Council is a very positive step toward developing even stronger relations with our Aboriginal partners.”

The CMEC Summit participants also raised issues such as the need to focus on early learning opportunities, the education funding gap between Aboriginal and non-Aboriginal learners, the limited participation of FNMI peoples in postsecondary education, and the shortage of quality school infrastructure on reserves. Participants also underlined the need to ensure that curricula reflect Aboriginal perspectives.

“Access for all Albertans to quality post-secondary education is a priority for this government,” says Doug Horner, minister of Alberta Advanced Education and Technology. “The Council will give us a forum to focus on the common goals that unite us, such as strengthening student achievement, improving graduation rates, and ensuring smooth career transitions.”

This initiative supports Alberta Education’s goal to ensure Success for First Nation, Métis and Inuit Students. Alberta has the third-largest FNMI population in Canada, and the Alberta government recognizes the need to develop specific strategies to meet the education needs of FNMI students.

In addition to the Ministers of Education, Aboriginal Relations and Advanced Education and Technology; Grand Chiefs of Treaties 6, 7 and 8; and the Presidents of the Métis Nation of Alberta and Métis Settlements General Council, the following community representatives were selected to participate on the Education Partnership Council, based on their knowledge of and experience in First Nations, Métis and Inuit education.

Elmer Ghostkeeper Elmer Ghostkeeper is a member of the Buffalo Lake Métis Settlement. He has participated in various provincial education boards in Alberta. He was Regional Manager of Aboriginal Health Services for the Capital Health Authority in Edmonton where he developed a unique program to help people live with and manage diabetes. His formal post-secondary education includes a diploma in Civil Engineering Technology from NAIT, a Bachelor of Arts from the University of Alberta, Department of Anthropology, and studies for a Masters of Arts Degree in Anthropology at the University of Alberta. He was also a Native scholar for Aboriginal awareness on subjects taught through McGill University (1998).

Mike Beaver

Mike Beaver is member of the Bigstone Cree Nation. He is a former chief and was most recently elected as a council member. He was an Elder member of the Native Education Policy Review Advisory Committee which assisted in the development of the FNMI Education Policy Framework. Mike is also a Traditional Land Use Study liaison for Bigstone Cree Nation.

Lewis Cardinal

Lewis Cardinal is a Cree from Northern Alberta. Currently he is the Vice President of the Board of Directors for Aboriginal Voices Radio (AVR), Canada’s first and only national Aboriginal radio network. He is a PhD candidate in Indigenous People’s Education at the University of Alberta. He was a 2007 recipient of the National Aboriginal Achievement Foundation Award for Public Service as well as the recipient of the Alberta Centennial Medal for his work in the area of Human Rights and Diversity. In addition to serving on the Board of Directors of the John Humphrey Centre for Peace and Human Rights, he also holds the position of Chair of the Circle Alberta Project. He has worked on various committees and been involved with the City of Edmonton Urban Aboriginal Accord.

Thomas Erasmus

Thomas Erasmus is originally from Lac La Biche and has strong ties to Alberta’s north and to the province’s Aboriginal community. He currently works as an Aboriginal affairs consultant liaising between Aboriginal stakeholders, government and corporations. His previous experience focused on offering support services and assistance to Aboriginal youth and Aboriginal communities in the areas of health, public education, and adult education. He has served as Chair of Portage College Board of Governors and on the Campus Alberta Committee Board of Chairs. He was also a representative on Alberta’s Commission on Learning.

Inier Cardinal

Inier Cardinal is a member of the Gift Lake Métis Settlement. He is currently Chair of the locally-elected school board and is a member of council and part of their education committee. Inier also serves as a Trustee of Northland School Division #61. His formal post-secondary education is a Bachelor of Education degree in 2004 from the University of Alberta. He is a proud father who is passionate about improving the quality of education for the Aboriginal community.

Jeannette Hansen

Jeannette Hansen is a member of the Métis Nation of Alberta and currently sits on the Board of the Métis Nation of Alberta Local Council #8 as President; Métis Nation of Alberta Region 3 as Secretary; and the Medicine Hat Métis Trading Company Society as Treasurer. She has been the Executive Director of the Miywasin Society of Aboriginal Services in Medicine Hat Alberta since 1997. Jeannette has been working, volunteering on various boards in the Aboriginal community for the past 18 years.

Evelyn Good Striker

Evelyn Good Striker is of Lakota/Dakota ancestry. She was born at Fort Qu’Appelle, Saskatchewan and raised on the Standing Buffalo Reserve. Evelyn received her early education on reserve and in the public school system. Her formal post secondary education included a Bachelor and Master of Education from the University of Lethbridge. Evelyn recently retired from her position as director of Alberta Education’s First Nations, Métis and Inuit Services Branch where she helped build strong relations, supports and services for FNMI children in Alberta.

Dr. Leona Makokis

Leona Makokis is a member of the Kehewin Cree Nation and has been president of the Blue Quills First Nations College since 1992. With her doctorate in Educational Leadership, Dr. Makokis has dedicated herself to supporting the growth of programs that balance traditional indigenous knowledge and language with contemporary experience. She has received several awards recognizing her contribution and commitment to advancing indigenous education, most recently being honoured by the University of Alberta Alumni Association and Athabasca University.

By Lloyd Dolha

On September 14th, an historic human rights case came before the Canadian Human Rights Tribunal in Ottawa accusing the federal government of discriminating against thousands of First Nations children in the country’s child welfare system. Filed by the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (FNCFCS) two years ago, the case asserts that successive federal governments have discriminated against Aboriginal children in care by underfunding First Nations child welfare agencies compared to their provincial counterparts. As a result, First Nations children and families on-reserve do not have access to the same preventative services offered to off-reserve Aboriginal children or non-Aboriginal children.

Today, there are over 27,000 First Nations children in-care. Of these, about 9,000 are in First Nations care and the remainder are in provincial childcare services. Aboriginal children come into care primarily because of neglect due to poverty. “At its heart, this issue is about caring for the most vulnerable members of our society. Our children deserve the same care afforded to other children in Canada. We hope all parties work together to address the inequities in the system,” said AFN National Chief Shawn Atleo. “We look forward to the fair and independent process offered by an independent Human Rights Tribunal as a step toward solutions that are urgently needed.”

The origin of this inequality is evident in the history of First Nations child welfare agencies. In the 1950’s, the provinces began to deliver child welfare services on reserves in Canada. By the early 1970’s, thousands of First Nations children were adopted out of their communities in what came to be known as the Sixties Scoop, a process that severed the children’s ties to their communities and their cultures. Throughout the 80’s, First Nations demanded greater control and jurisdiction over their own child welfare services to combat the growing trends of substance abuse and suicides among Aboriginal adoptees. By 1990, the federal government approved a First Nations child welfare policy with the goal of providing culturally sensitive child welfare services that were comparable with provincial services. Under that policy, federally funded First Nations child welfare agencies received provincial mandates and provided child welfare services in accordance with provincial standards and legislation. Today, First Nations child welfare agencies receive approximately 22% less funding than provincial agencies.

A May 2008 audit conducted by the Auditor-General of Canada (AOG) and a March 2009 report issued by the Standing Committee on Public Accounts found that the funding formula used by Indian and Northern Affairs Canada is outdated. The formula assumes that each First Nations agency has about 6% of on-reserve children in care; however, the actual percentage of on-reserve children in care ranged from zero to 28 % in 2007. The current formula provides only minimal funding for prevention services and other less disruptive measures such as in-home support. The formula does not take into account agency size or differences in community needs. Moreover, there are significant differences in reported child maltreatment among First Nations versus non-aboriginal children. The 2003 Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-2003) provides reliable data regarding child maltreatment investigations in Canada. Several reports based on the CIS-2003 data have found that neglect is the most common cause for investigations involving First Nations children. In contrast, exposure to domestic violence is a common cause for investigation regarding non-Aboriginal children.

Housing arrangements is another factor driving the overrepresentation of First Nations children in-care. In 79%of substantiated investigations involving First Nations children, the family lived in rental accommodations. Investigating workers described 24% of these housing conditions as unsafe or overcrowded. Nearly half of those investigations involved families whose primary source of income was unemployment insurance or other social benefits (such as welfare). Studies also found 55% of female and 74% of male caregivers abused drugs or alcohol. These findings underscore the need to make more resources available for on-reserve child welfare agencies, not less.

According to INAC figures, the number of status Indian children entering child welfare care rose 71.5 % nationally between 1995 and 2001. In 2005, INAC and the AFN commissioned the FNCFCS to oversee a team of over 20 researchers to develop an affordable and evidence-based solution to the problem of inadequate funding. Their solution confirmed the findings of a 2000 National Policy Review report that found the federal funding formula was inadequate. Overall, the report found that the federal government must invest an additional $109 million in First Nations child welfare agencies in the first year of a seven-year funding cycle to achieve equality among services available to all other children. To date, INAC has yet to implement the solution. The department has provided funding to partially alleviate the inequity in Alberta, Saskatchewan, and Nova Scotia. However, these deals do not alleviate inequities experienced by children in other parts of Canada.

The AFN and the FNCFCS chose to launch the human rights tribunal hearing only after Canada failed to commit to the solution. Only the Canadian Human Rights Tribunal has the authority to determine whether or not discrimination has occurred and order a remedy that is enforceable in federal court. Immediately after the complaint was filed, the federal government applied for a judicial review, challenging the tribunal’s right to hear the case. Canada argues that funding of First Nations child welfare agencies is not a service and is thus not subject to the Canadian Human Rights Act. Both the AFN and the FNCFCS say that without federal funding, there would be no First Nations child welfare services, plus the federal government imposes significant child welfare practice and policy requirements in order to receive the funds; therefore, it is a service.

Witnesses to be called include the INAC minister Chuck Strahl and long-serving Auditor-General Sheila Fraser, as well as a host of academic experts and First Nations agency directors. “A year after the apology for the wrongful removal of First Nations children from their families (i.e. residential schools), the federal government is spending thousands of taxpayer dollars to derail the Canadian Human Rights Tribunal from hearing all the facts instead of using that money to help children on reserves stay safely with their families,” said Cindy Blackstock, CEO of the First Nations Child and Family Caring Society.

Shane Yellowbird

It’s been a busy time for Shane Yellowbird.

In October alone, the Cree country singer-songwriter, who grew up in the Indian community of Hobbema, south of Edmonton, performed at the 11th annual Native American Music Awards at the Seneca Entertainment Centre in the Seneca Casino & Hotel in Niagara Falls, New York, backed by the legendary Eagle and Hawk Band.

He returned to that stage a short time later to receive the Country Recording of the Year Award for his debut album, Life is Calling My Name.

Less than two weeks later, he was releasing his sophomore album, It’s About Time, described as “an exciting new collection of tunes, true to the calibre of music that Yellowbird fans have come to appreciate. Two years in the making and a true labour of love, this new album explores a new side of this talented artist not yet seen.”

In just a few short years, Yellowbird has gone from quietly pursuing a fine arts degree at Red Deer College to becoming a budding country music star, with a hot selling record, major awards and nominations, and two Top 10 radio hits and videos to his credit.

After less than five years on country music radar, Yellowbird can boast an amazing list of achievements and awards, including number one songs, albums and videos.

He won three consecutive Aboriginal People’s Choice Awards for Best Music Video: “Beautiful Concept” (2006), “Pickup Truck” (2007), “I Remember the Music” (2008).

In September 2007, he was recipient of the prestigious “Chevy Rising Star Award” at the Canadian Country Music Association Award Show, which included a $50,000 pickup truck, a suitable recognition of his “Pickup Truck” hit song.

Two months later, after performing at the 2007 Aboriginal People’s Choice Music Awards, he won the Aboriginal Entertainer of the Year Award, as well as Best Country cd and Best Music Video for “Pickup Truck.”

A month after that, Yellowbird struck again as the big winner at the Canadian Aboriginal Music Awards as Best Male Artist, as well as Best Country Album and Best Album of the Year for “Life is Calling My Name.”

Among his memorable appearances over the past year are nationally televised performances on Canada Day from Parliament Hill in Ottawa, at the National Aboriginal Achievement Awards and the Canadian Country Music Awards, as well as appearing at the Grand Ole Opry in Nashville.

Growing up in Hobbema, Yellowbird was a typical cowboy. His parents participated in the rodeo circuit and their son learned early on to rope and ride, fully embracing the cowboy lifestyle and accepting that it would one day be his future.

A strange twist of circumstances, however, put Yellowbird on the country music path. Born with a severe stuttering problem, he began seeing a speech therapist who suggested that he sing his sentences to help him speak clearly. The technique proved successful and also instilled a budding love of music in Yellowbird.

After entering several singing contests and winning, it seemed life was calling the young cowboy to fulfill another dream, that of a country music artist.

Spotted by O’Reilly International, Yellowbird signed on with the management company who had directed the successful careers of Brad Johner and Patricia Conroy.

“We knew Shane could sing and song write. But when we talked to him about his speech impediment and realized what he had overcome to get this far, we knew he had the drive and determination you need in this industry,” says Louis O’Reilly president of the company.

“Life is Calling My Name” features radio-friendly tracks in the traditions of George Strait or Garth Brooks and showcases Yellowbird’s amazing voice.

Yellowbird chose each track on his album much as he does everything in life – with thoughtful care.

“There’s no break up songs or unhappy songs,” Yellowbird says. “The whole album is positive. It’s about having fun, being in love. I wanted the first album to be positive.”

Close to his heart, the album’s title track “Life is Calling My Name” talks about the freedom to just be oneself.

“This song really hits home for me,” explains Yellowbird. “Life is before you, leave your problems behind.”

He adds, artists like Mel Tillis – known for his noticeable stutter – serve as a role model.

“(Tillis’s stutter) was part of who he was,” says Yellowbird. “And people liked that about him. It made him unique and didn’t stop him from having a successful music career.”

Yellowbird hopes to inspire others to pursue their dreams. Wherever you come from, whatever obstacles you face, your dreams can come true – something Yellowbird knows firsthand.

Yellowbird is proud of his country roots and still breaks horses and competes in calf-roping whenever he can. But given the exceptional early fan response to his songs, Yellowbird’s future seems destined to deliver more outstanding country music.

By Lloyd Dolha

On Saturday, September 26th, a member of the Gitxsan First Nation community in Kisega’as in northwestern BC was fatally shot by police. Rodney Shane Jackson (age 35) and his brother Sonny were seen with rifles that day, and the RCMP, an emergency response team, and a dog squad converged on the area to attempt an arrest. One of the arresting officers shot Rodney, who later died at the New Hazelton Hospital.

According to the RCMP, Rodney was wanted on five arrest warrants for minor criminal acts including relationship assault, uttering threats, obstructing a peace officer, trafficking of controlled substances, and failure to attend court, in addition to one warrant on a family court matter. “Our understanding of the grave situation is that Mr. Jackson did not fire a shot or run,” said Gitxsan treaty negotiator Bev Clifton-Percival (Gwaans). “It is public knowledge that the RCMP are far behind in executing such warrants, as they lack manpower and funds. We are concerned that the RCMP is no longer accountable to the province of British Columbia or its citizens.” She said that policing is a community matter and stated, “We are troubled that our chiefs were not contacted before this young father of four lost his life.”

Clifton-Percival said leaders are still discussing the possibility of an independent investigation with the RCMP. Grand Chief Ed John says, “First Nations confidence in the ability to provide impartial police services in the region have obviously been damaged in the past few months. The only way confidence will be restored is to have a completely impartial investigation into the shooting, without participation by any policing body.” Summit executive Doug Kelly said, “We are also extremely disappointed the RCMP chose not to invoke the BC First Nations-RCMP Safety Cooperation Protocol, which calls for full and open communications with First Nations leaders, especially in crisis situations that could lead to the personal harm of a community member.” He added, “We will be seeking a meeting with senior RCMP officials to discuss this breakdown in protocol.” Jim Angus (Simogyat Wii Elast) said, “We will not accept police investigating such police activity in our territory,” adding that professional counseling would be made available to the deceased’s family.

The RCMP E-Division Major Crimes Unit was sent to Hazelton to investigate the shooting. An inspector from the Delta police force is leading the investigation. Nelson Kalil of the Commission for Public Complaints (CPC) said his organization also sent a team member to Hazelton. “Our observer oversees the impartiality of the investigation,” he said. “We will look at the appropriateness of the actions of the officer and the adequacy of the investigation.” Back in August, the CPC had urged the creation of an outside body to handle police-involved complaints. The RCMP and the BC Association of Police Chiefs (BCAPC) have also previously suggested creating a civilian-led unit to investigate cases involving in-custody deaths or serious allegations involving RCMP.

By Lloyd Dolha

The Tahltan Nation of northeastern British Columbia has responded positively to a request form Environment Minister Barry Penner who will send his Assistant Deputy Minister (ADM) to the Tahltan territory to discuss wildlife management issues in their traditional lands. The Tahltan Council wants to stop what they call “open season” on moose in a popular hunting area south of Dease Lake in the northern reaches of the Skeena hunting area known as Region Six. “We hope the meeting with the ADM will lead to concrete and tangible outcomes,” said Anita McPhee, chairperson of the Tahltan Central Council. “We are expecting the ADM to have a full mandate to commit to real resolutions in the short and long term.”

Tahltan protesters set up blockades on September 24 along the Klappan Road off Highway 37 and the Telegraph Creek Highway. They warned hunters to expect more blockades until concerns over extensive moose hunting in the area are addressed. “We call them Wildlife Management gates. We’re just asking hunters to leave,” said McPhee. She said the area currently has the longest open season on moose hunting in the province, running from August 1st to November 15th. “We have hunters coming up from the (United) states and Vancouver Island because of the hunting restrictions [in those areas],” said McPhee.

The Tahltan are concerned that the moose population that they depend upon in the region is at risk. In other parts of the province, hunters have to enter into a lottery to win a ticket that allows them to hunt moose. “Moose are our most important food source,” said Chief Rick McLean of the Tahltan First Nation. “We have a sacred trust to protect the moose population for our future generations. We can’t just sit by and watch the moose in our area get pushed to the brink of extinction due to the mismanagement of the province.”

The Tahltan want limitations on the length of the season and the number of moose taken, as well as more reliable data on the exiting moose population. Provincial biologists say the moose population in the area is healthy. “We’re not wanting to take away people’s right to hunt,” said McPhee. “We’re just trying to have limited hunting regulations implemented and the length of the season shortened, and this hasn’t happened,” said McPhee in a CBC interview.

The Tahltan have been pressuring the ministry for years to address wildlife management issues in their territory to no avail. Over the last several weeks, members of the Tahltan set up wildlife management gates at a number of different places in their territory to discourage hunters. The minister had requested the gates be taken down prior to meeting with the Tahltan as an expression of good faith and refused to meet with the Tahltan until the blockades come down.

Stikine MLA Doug Donaldson took the Environment Minister Penner to task in an address in the legislature over the conflict in the area. Donaldson said poor moose population statistics and diminished funding for the Environment Ministry was a big part of the problem. He blamed the B.C. Liberals for cutting the Environment Ministry’s budget by 30% last year. “As we speak, members of the Tahltan Nation in northwest B.C. are restricting road access on their traditional territories to moose hunters from all parts of the province,” said Donaldson in the legislature. “This is an area of high unemployment. Many Tahltan depend on moose meat for food. If it wasn’t for the moose meat in the freezer, people would go hungry.”

McPhee said that no comprehensive studies have been done on moose populations since the 1980’s. The Ministry of the Environment said it has conducted random block studies of moose for the Klappan Valley in 2001 and the Spatsizi Plateau Wilderness Provincial Park in 1990. The Tahltan now await confirmation of a date to meet with the ADM. “The ball is in now in the province’s court,” said McPhee. “After many years of inaction, it is time for the province to take our concerns seriously and collaborate with us on real change.” She added, “Our elders have led the way on every step of this matter and our people will be watching very closely.”

Email: editor@firstnationsdrum.com