Posts By: Karen

Outstanding BC Lawyer Practicing Over 40 Years Receives Highest Honour

The Canadian Bar Association, BC Branch (CBABC) celebrates an exceptional lawyer with bestowment of

the 2018 Georges A. Goyer, QC Memorial Award for Distinguished Service on Terence E. La Liberté, QC.
Mr. La Liberté is a Vancouver-based criminal lawyer and partner at La Liberté Cronin & Co, and he

received the honour at the annual Bench & Bar Dinner on November 7 in Vancouver.

CBABC President Margaret Mereigh presented the award. “Terry fully embodies a spirit of generosity,
true commitment to his profession and selfless dedication to the community,” said Ms. Mereigh. “He is
well-known for his unwavering dedication to clients, many of whom are Indigenous, mentally ill,
suffering addiction and marginalized. It’s an honour to be a part of his very well-deserved recognition.”

Terence E. La Liberté has a compellingly varied past that includes working as a tugboat deckhand, a

police constable and a log scaler in several West Coast logging camps. Mr. La Liberté is of Metis descent
and originally hails from Saskatchewan, but grew up in New Westminster, BC. He received his law
degree from UBC and was called to the BC bar in 1975. In his legal career, he has volunteered an
enormous amount of time with the Canadian Bar Association including acting as President of its BC
Branch in 1990-91.

One of Mr. La Liberté many award nominators is Douglas White, Chair of the BC Aboriginal Justice
Council and President of the Native Courtworker and Counselling Association of BC (NCCABC). He praises Terry’s advocacy for Indigenous people caught up in the criminal system: “The depth of his experience is an immeasurable benefit to all our deliberations and has shaped the important work of the NCCABC.”

Mr. La Liberté has also been an adjunct professor at the Peter A. Allard School of Law for 20 years. As a

trial lawyer, he has acted as Crown and Defence Counsel in hundreds of jury trials at all levels of court.
In addition, he has lectured internationally, most recently in Nepal where he led a number of seminars
on judicial independence and the rule of law.

The Georges A. Goyer QC Memorial Award for Distinguished Service is in memory of Georges A. Goyer
QC, a respected CBABC member who passed away in 1992 after a courageous battle with cancer. The
award recognizes exceptional contributions to the legal profession, to jurisprudence, or to the law in BC.
The Canadian Bar Association is the professional organization representing more than 38,000 lawyers,
judges and law students across Canada with nearly 7,000 members in British Columbia.

PHOTO: Terence E. La Liberté, (left) QC and Margaret Mereigh (right)

All harvesting of George River caribou should cease, says Minister

Lands and Natural Resources Minister Tony Andersen says he’s pleased to see Indigenous groups from Quebec agreeing with the Nunatsiavut Government’s call for a ban on all harvesting of the George River Caribou Herd.

“Caribou is a part of our cultural identity which has helped to sustain our people for thousands of years as a valuable source of food, clothing and tools,” says Minister Andersen. “However, we have reached a
point where the George River herd is struggling to survive and sacrifices have to be made if there is to
be any hope of recovery.”

A census carried out this summer estimates the herd at 5,500 animals, a 38 per cent decline from 2016.
While the Nunatsiavut Government anticipated a decline in numbers, says Minister Andersen, the
census results came as a shock.

“Never did we think the decline would be as much as it was, and we can only attribute it to continued
harvesting activities,” the Minister says.

The Nunatsiavut Government held multiple meetings with the Government of Newfoundland and
Labrador, the Innu Nation and the NunatukKavut Community Council leading up to and following the
release of the census results.

“During all of our meetings we firmly stated that we believe there should be no harvesting whatsoever
from the George River Caribou Herd,” notes Minister Andersen. “We stand by that position.”
In October, the Nunatsiavut Government renewed its call for a zero harvest to members of the Ungava
Peninsula Caribou Aboriginal Round Table (UPCART). Both the Cree and the Inuit of Quebec have since publicly called for all harvesting to cease.

“We are pleased to see other Indigenous nations support our position, and we call on others who have
traditionally harvested George River caribou to follow suit,” says Minister Andersen. “We remain
committed to working with all members of UPCART, as well as the Innu Nation, to create a path
forward that will hopefully see the herd recover to a point where we can all continue to maintain our
cultural connections to this vital resource.”

The Minister is urging all Beneficiaries of the Labrador Inuit Land Claims Agreement to adhere to the
provincial harvesting moratorium on George River caribou. He is also renewing calls for stricter
enforcement measures.

“The Government of Newfoundland and Labrador put the ban in place, but is refusing to enforce it
because it is more concerned about the political backlash it will receive than it is about protecting the
future of the George River caribou.”

Canada implements measures to address Canada – United-States border-crossing issues for First Nations

News release

December 12, 2018 – Ottawa, ON – Crown-Indigenous Relations and Northern Affairs Canada

Border-crossing issues represent a longstanding set of concerns for First Nations, dating back to the creation of the Canada-United States (US) border in the late 18th century.

Acting on recent reports from a Minister’s Special Representative and the Standing Senate Committee on Aboriginal Peoples, the Government of Canada is working in partnership with First Nation communities to address these concerns. In doing so, the Government recognizes that the border can present challenges to the mobility, traditional practices, and economic opportunities of First Nations people and pose obstacles to their family and cultural ties to Native American communities in the United States.

Today, the Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations, and the Honourable Ralph Goodale, Minister of Public Safety and Emergency Preparedness, announced they will be implementing the following measures to address Canada-United States border-crossing issues for First Nations. These measures include:

  • The addition of a machine-readable zone to the Secure Certificate of Indian Status (SCIS) card will help simplify the border crossing process for First Nations individuals using the SCIS as a piece of identification at land and sea ports of entry between Canada and the United-States.
  • The recruitment by the Canada Border Services Agency (CBSA) of more Indigenous border services officers;
  • Enhanced training on Indigenous cultures for CBSA staff; and
  • Strengthened outreach and cooperation by the CBSA with concerned First Nation communities along the Canada-United States border.

In addition to the above measures, the Government of Canada is making a commitment to a longer-term process with concerned First Nations, Inuit and Métis communities to discuss potential solutions to a number of more complex border-crossing issues.

The implementation of these measures draws on the proposals contained in the 2017 Report on First Nations Border Crossing Issues by Minister’s Special Representative Fred Caron.

Mr. Caron’s report was the result of an eight-month process involving 21 engagement sessions with representatives from more than 100 First Nations and First Nation organizations across Canada.

Quotes

“Our Government is committed to achieving reconciliation with Indigenous peoples through a renewed, nation-to-nation relationship based on recognition of rights, respect, co-operation, and partnership. The implementation of measures to address the border-crossing issues for First Nations is an important and long awaited step towards this goal and follows discussions with First Nations across Canada to identify issues and possible solutions together.”

The Honourable Carolyn Bennett, M.D., P.C., M.P.
Minister of Crown-Indigenous Relations

“The implementation of measures to improve services for Indigenous peoples at the border is an important step forward in reconciliation. I am pleased to see this work underway between Public Safety, Crown-Indigenous Relations, and Indigenous partners that will provide a better and more respectful experience at the border.”

The Honourable Jane Philpott, M.D., P.C., M.P.
Minister of Indigenous Services

“Our government is advancing reconciliation through meaningful action across the country. The Canada Border Services Agency is committed to being responsive to the issues facing Indigenous Peoples crossing the border, and will continue addressing them through its new Indigenous Affairs Secretariat. Indigenous Canadians should have positive experiences at the border, based on cultural awareness and respect.”

The Honourable Ralph Goodale
Minister of Public Safety and Emergency Preparedness

Quick facts

  • In December 2016, Fred Caron was appointed as Minister’s Special Representative to examine First Nations’ Canada-United States border-crossing issues. From January to August 2017, he met with representatives from First Nations across Canada to hear about their concerns related to crossing the border.
  • The implementation of these measures to address First Nations’ border-crossing issues involved a number of federal departments and agencies, including Crown-Indigenous Relations and Northern Affairs Canada; Indigenous Services Canada; Canada Border Services Agency; Public Safety Canada; Transport Canada; Global Affairs Canada; and Immigration, Refugees and Citizenship Canada.

Action Required to Address Failings of Thunder Bay Police Service: National Chief Perry Bellegarde

(Ottawa, ON) – Assembly of First Nations (AFN) National Chief Perry Bellegarde said today’s report by the Office of the Independent Police Review Director on the relationship between the Thunder Bay Police Service (TBPS) and First Nations compels immediate action on long-standing and well-known concerns.

“This report is as tragic as it is unsurprising, and it reinforces what First Nations have been saying for years – systemic racism is clearly something that needs to be addressed in a profound and substantial manner,” said AFN National Chief Perry Bellegarde.  “This report helps set direction for immediate action. Obviously, current approaches to investigating the deaths and disappearances of First Nations fail all of us, erode trust and exacerbate already strained relationships.  Sadly, we’re talking about the death of children in too many instances. I lift up the family of Stacy DeBungee and the leadership of the Rainy River First Nation for pushing this review.  The Thunder Bay Police Service must work with First Nations to take action on the recommendations.  This includes rebuilding a relationship with First Nations peoples and leadership based on respect and trust.”

The report “Broken Trust: Indigenous People and the Thunder Bay Police Service” released this morning in Thunder Bay found “significant deficiencies” in sudden death investigations involving Indigenous people “due, in part, to racial stereotyping” and that systemic racism exists at an institutional level.

“Sadly, most of the processes looking at how justice is being delivered when it comes to our peoples have fallen short on making the changes needed,” said AFN Regional Chief Ghislain Picard, who is the AFN lead on justice and policing.  “Much of it relates to a lack of trust and the belief that indigenous peoples will not be treated with dignity when confronted with non-Indigenous police services.”

First Nation citizens and leaders in Thunder Bay and the surrounding region have long expressed concerns about the treatment of First Nations by city police. The review was triggered by the death of Rainy River First Nation member Stacy DeBungee in October 2015.

The Assembly of First Nations is the national organization representing First Nation citizens in Canada. Follow AFN on Twitter @AFN_Comms, @AFN_Updates.

AFN National Chief Perry Bellegarde Mourns Passing of Respected Sagkeeng Anicinabe Elder Elmer Courchene, Chair and Member of AFN Elders Council

(Ottawa, ON) – Assembly of First Nations (AFN) National Chief Perry Bellegarde said the passing this morning of respected Elder Elmer Courchene of Sagkeeng Anicinabe First Nation is a profound loss for First Nations across Turtle Island.

“Elder Elmer Courchene was a proud, sovereign Anicinabe who understood deeply his traditional teachings, values and ceremonies,” said AFN National Chief Perry Bellegarde. “He always took time to share those teachings with young people, with political leaders, and people from all cultures because those teachings held insight and value for all of us. I always valued his words and guidance. Losing Elmer is like losing a part of our history. But his teachings and spirit remain. Today I convey my deepest condolences and prayers to his family and community.”

Elder Elmer Courchene is from Sagkeeng First Nation in what is now Manitoba. He is a respected Elder across Turtle Island and known as a strong advocate for sovereignty, culture and language, and the rights and safety of First Nations women, girls and children. He was strong in his traditional language and, as a survivor of the Fort Alexander Residential School, understood the importance of maintaining and revitalizing First Nations languages and teachings.

“My heart is broken, and I offer condolences to the Courchene family, the Manitoba and Ontario regions and every individual and leader Elmer has guided over the years,” AFN Manitoba Regional Chief Kevin Hart told the AFN Special Chiefs Assembly this morning. “Elmer has a strong spirit and was a true warrior. He gave his life to his people until his very last breath.  This showed in his life’s work.  Elmer’s legacy is in the vision he shared with us for the seven generations ahead and the little ones.  It will continue in all our work going forward as we uphold our sovereignty and nationhood.”

Elder Elmer Courchene became the resident Elder at the Assembly of First Nations in 2005 and first served as Chair of the AFN Elder’s Council under National Chief Phil Fontaine. During that time, he helped advise in the negotiations that led to the historic Indian Residential Schools Settlement Agreement.

“Elders are precious and they have walked a life of teaching and passing on their knowledge to young people,” said AFN Regional Chief for the Northwest Territories Norman Yakaleya. “Truly, Elder Elmer has walked this path and ‘Mahsi’ for your guidance, and on behalf of the Elders Council and Dené Nation we pray for his family at this time.”

As Chair and long-serving member of the Elder’s Council, Elder Courchene provided advice and guidance to National Chief Phil Fontaine, National Chief Shawn Atleo and National Chief Bellegarde. The AFN Special Chief’s Assembly began yesterday with acknowledgement and prayers for Elder Courchene, and a chair and blanket are in place with the Elders as a reminder of his presence and spirit.

  The AFN is the national organization representing First Nations citizens in Canada. Follow AFN on Twitter @AFN_Updates.

First Nations Leaders and Delegates from Across the Country Gather for the AFN Special Chiefs Assembly December 4-6 in Ottawa, Ontario

(Ottawa, ON)― Hundreds of First Nations leaders, Elders, women, youth and other delegates are set to gather December 4-6, 2018 for the Assembly of First Nations (AFN) Special Chiefs Assembly (SCA) taking place at the Westin Hotel on unceded Algonquin territory in Ottawa, Ontario. Chiefs and delegates will gather under the theme “Acknowledging our Challenges, Successes and Opportunities” to assess progress, and set priorities and strategic direction for the coming year.

Prime Minister Justin Trudeau is confirmed to address delegates at 4:15 pm on Tuesday, December 4. Other agenda highlights (note agenda times are approximate, full agenda is on the AFN website):

Day 1 – Tuesday December 4, 2018

  • 8:30 a.m. – Grand Entry
  • 9 a.m. – AFN National Chief Perry Bellegarde Opening Address.
  • 9:30 a.m. – Honouring of Veteran Louis Oakes and the late Chief St-Denis of Wolf Lake First Nation.
  • 11 a.m. – Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations.
  • 1:15 p.m. – Discussion on Rights Recognition.
  • 4:15 p.m. – Prime Minister Justin Trudeau

Day 2 – Wednesday December 5, 2018

  • 8:45 a.m. – Honourable Jane Philpott, Minister of Indigenous Services Canada.
  • Northern Affairs and Internal Trade.
  • 10 a.m. – Updates and Discussion on: Bill C-262, Carbon tax, Cannabis
  • 1:30 p.m. – Honourable Catherine McKenna, Minister of Environment and Climate Change.
  • 3:45 p.m. – Honourable Patricia Hajdu, Minister of Employment, Workforce Development and Labour. ASSEMBLY OF FIRST NATIONS MEDIA ADVISORY/AVIS AUX MÉDIAS ASSEMBLÉE DES PREMIÈRES NATIONS 55, RUE METCALFE STREET SUITE/BUREAU 1600 OTTAWA ON K1P 6L5 (613) 241-6789 telephone / téléphone (613) 241-5808 fax / télécopieur

Day 3 – Thursday December 6, 2018

  • 9:30 a.m. – Updates and Discussion on: Policing, Federal Elections.
  • 10 a.m. – Elizabeth May, Green Party Leader.
  • 10:30 a.m. – Jagmeet Singh, New Democratic Party Leader.
  • 11 a.m. – Andrew Scheer, CPC, Leader of the Official Opposition.
  • 11:45 a.m. – Chief Rudy Turtle, Grassy Narrows First Nation.
  • 4 p.m. – Updates and Discussion on: Moose Hide Campaign, Indigenomics.
  • 4:30 p.m. – National Chief Perry Bellegarde Closing Remarks.

During the SCA, First Nation leaders and delegates will discuss Education, Fisheries, Health, the Environment, Economic Partnerships, Early Learning and Child Care, Rights Recognition, Housing, Policing, Cannabis, federal legislation and other priorities.

The provisional agenda and updates are available on the AFN website at www.afn.ca. The main plenary of the SCA will be webcast on the AFN website at www.afn.ca.

Media accreditation is required and media are encouraged to register in advance through the contacts listed below.

The Assembly of First Nations is the national organization representing First Nation citizens in Canada. Follow the #AFNSCA on Twitter @AFN_Updates.

National Chief Bulletin – Co-Development of Federal Legislation for Indigenous Children and Families

SUMMARY:  
  • On November 30, 2018 AFN National Chief Perry Bellegarde along with Indigenous Services Canada Minister Jane Philpott and leaders of the Inuit Tapariit Kanatami and Métis Nation announced the intention to co-develop legislation that will benefit First Nations, Inuit and Métis children and families.
  • The legislation will respect existing processes, recognize the distinctions between First Nations, Inuit and Métis, and fully respect First Nations inherent and Treaty rights and jurisdiction.

On November 30, I stood with Indigenous Services Canada Minister Jane Philpott, Inuit Tapariit Kanatami President Natan Obed and Métis Nation President Clément Chartier to announce our shared intention to co-develop legislation that will respect First Nations rights, cultures and family structures and affirm the inherent jurisdiction of First Nations to care for our children.

Our children are sacred.  They are the focus and center of our Nations and they deserve every opportunity to fulfil their dreams and succeed.

The work toward new co-developed federal legislation is a response to years of pressure for action and reform.  Decades of underfunding and misguided approaches have harmed our children and families.  Outdated laws and policies have created a situation where our children are grossly over-represented in the child welfare system. Legislation is an important piece of more comprehensive reform across the entire system.

The goal is to apply First Nations law, policies and values with First Nations designing, building and implementing systems that work for their children and families. The aim is to support First Nations in building their systems through their own governance and laws, to keep the circle of community strong, and to protect our children.

These efforts are based on our right to care for our children. A co-development approach to legislation puts First Nations at the decision-making table to lead reforms based on our rights, our teachings and innovative approaches that work for our families.

New legislation must focus on prevention rather than apprehension. It must respect First Nations jurisdiction, inherent rights and our rights recognized domestically and in international law, including those articulated in the UN Declaration on the Rights of Indigenous Peoples. Legislation must be consistent with the Calls to Action of the Truth and Reconciliation Commission.

New legislation will not infringe on any existing agreements or impede existing processes that First Nations are working on, including recent agreements in regions across the country. And the overall approach must recognize the unique and distinct needs of First Nations, Inuit and Métis.

We are committed to working together as quickly as possible for our children.  There is much work we can draw on from many successful First Nations child welfare systems.  We will build on existing efforts and will continue to collaborate and seek direction.

This is truly a new chapter for our children and families – one where we write the laws, policies and values that apply to our children regardless of where they reside. A collaborative effort led by First Nations is the right way to go and the right way to protect our rights and our children.

You will hear more about this work at our upcoming AFN Special Chiefs Assembly December 4 – 6 and we will keep you involved and informed throughout this work.

Like everything we do, this is for our children and our future.

Travel safely on the land!

Start Date: November 23, 2018 End Date: December 22, 2018 Nunavut-wide 65 sec

Are you planning to travel on the land? The Government of Nunavut reminds Nunavummiut to take the following safety precautions:

  • Always travel with an emergency communications device and a GPS that is in working order.
  • Sign out a free SPOT device at your hamlet office, wildlife office or hunter’s and trapper’s organization.
  • GPS devices sometimes fail. Be sure to bring a backup like a compass and maps, and make sure you know how to use them.
  • Always travel with a partner or with a group.
  • Tell family and friends where you are going and when you plan to return.
  • Prepare for 72 hours on the land – bring extra fuel, food, clothing and camping equipment, even on day trips.
  • Plan a time to notify search and rescue if a family member’s arrival is overdue.

If you are the person responsible for calling search and rescue because someone’s arrival is overdue, please contact the Emergency Line at 1-800-693- 1666.

If you get lost, stranded or have an emergency while on the land, remember:

  • Stay with your equipment and your travel companion – do not continue traveling.
  • Press “Help” on your SPOT device if you are stranded or lost.
  • Press “911” on your SPOT device in the event of a serious emergency.

Even experienced travelers sometimes need help. When you make and stick with a travel plan for your excursions on the land, your best experience will be arriving home safely.

Apuiat Wind Project: The Response Must Be Political

Wendake, November 27, 2018 – During the recent Quebec election campaign, the Assembly of First Québec-Labrador (AFNQL) repeatedly asserted publicly and by letter to party leaders that the government-to-government political relationship between First Nations and the province of Quebec was to be revisited and that the essential conditions of this relationship are the backbone to improve community social and economic conditions.

“To this day, even before Premier Legault was formally seized of the Apuiat Wind Project as part of a Nation-to-Nation meeting with the Innu chiefs, the CEO of Hydro-Québec is converting media space into a political arena regarding the future of the project. Apuiat is the perfect example of a dossier suffering from the absence of a clear political relationship”, said the Chief of the AFNQL, Ghislain Picard.

The AFNQL has a duty to remind, among other things, that the development of an economy by and for First Nations shall be reflected through their significant participation in the establishment of the appropriate conditions of partnership at the political level. It is thus up to the Premier of Quebec to answer clearly and directly to the Innu chiefs as to the future of the Apuiat project.

“Although the exchanges between the Chiefs of the AFNQL and the Premier on November 16th announce the beginning of a frank and necessary dialogue between us, it is essential to remind that the relationship must be based on our Aboriginal and treaty rights, nothing less. We remain vigilant. We will have to react to any signal contrary to the openness demonstrated by Mr. Legault on behalf of his Government”, concluded the Chief of the AFNQL.

About the AFNQL The Assembly of First Nations of Quebec and Labrador is the political organization regrouping 43 Chiefs of the First Nations in Quebec and Labrador. Follow us on Twitter @APNQL

CARIBOU GIFTED TO INNU OF LABRADOR SEIZED BY QUEBEC WILDLIFE OFFICERS

OUJÉ-BOUGOUMOU, QUEBEC, NL – Several Innu from the northern Labrador community of Natuashish, including the Grand Chief of the Innu Nation, Gregory Rich, were fined today by Quebec Wildlife Officers in Oujé-Bougoumou, a small town in central Quebec, for possession of caribou from the Leaf River herd. The caribou –a gift from the Chisasibi Cree Nation – were also seized.

The Innu were traveling to Labrador when they were detained earlier this afternoon. Chief Bobbish of the Cree Nation of Chisasibi, had provided a letter intended to support safe passage and declaring the caribou a gift from their Nation to the Innu. However, the letter was not accepted by the Quebec Wildlife Officers, who seized the caribou, rather than allow the Innu to bring the gift back to the Innu communities in Labrador. Grand Chief Gregory Rich said, “The practice of historical sharing between the Cree and the Innu of what is now Labrador goes back to long before the assertion of sovereignty by the Crown”. A member of the Innu Nation who was with the Grand Chief also said “We do not accept that the Province of Quebec can prevent the exercise of this gifting. The Innu and the Cree have many blood relationships and Cree and Innu customary law support gifting of caribou between our peoples.” The Grand Chief agrees, calling the actions of the Quebec government ‘Colonial’. Innu Nation states that this is but the latest attempt to criminalize Innu and that both the Governments of Quebec and Newfoundland and Labrador need to recognize the importance of caribou to Innu cultural and spiritual survival.