Posts By: Saugeen First Nation

Saugeen First Nation, Ontario: Saugeen First Nation has served a summary judgment motion as part of a longstanding lawsuit to confirm Saugeen ownership of Sauble Beach. Both Saugeen First Nation and its treaty partner, the Government of Canada, recognize that Sauble Beach is part of Saugeen Indian Reserve #29, consistent with the terms of a treaty signed in 1854. 

“This is a significant step towards righting a wrong that is older than Canada,” said Saugeen Chief Lester Anoquot. “We are disappointed that it has come to this, but after almost 30 years of litigation, we are looking forward to finally having our day in court.” 

“Out of all our territory, this was the area our ancestors chose to reserve for their families— for us—when the Crown wanted our land for settlers,” said Chief Anoquot. “The 1854 treaty makes clear that this is, and always has been, Saugeen land. But we have so-called ‘landowners’ who were not around in 1854 and are not interested in our treaty who continue to make baseless claims about owning part of our beach. The mayor in South Bruce Peninsula is not interested in being neighbourly and is more concerned with politics than evidence. So we welcome the opportunity to confront the Town and the ‘landowners’ with the evidence and put the facts before a judge, which is what we have done today.” 

The federal government first began litigation on Saugeen First Nation’s behalf in 1990 to address false claims of ownership to parts of the reserve by settlers at the northern end of the Saugeen reserve. Saugeen First Nation filed its own claim in 1995. Both lawsuits state that Sauble Beach is and always has been part of the Saugeen reserve. 

“It is unfortunate in this day and age that some people still refuse to respect our treaty,” said Chief Anoquot. “It is even more disappointing when they refuse to work with us as neighbours. We have been sharing our land for centuries and we should all be interested in making our communities better, more prosperous, and more inviting. Since the Town has not been willing to work with us outside of court, we are bringing this motion to end the false claims to our beach. We never surrendered this land, and the Crown, our treaty partner, agrees. We are seeking recognition of what belongs to us and has, in fact, always been ours.” Traditional Saugeen territory spans over two-million acres and includes the entire Saugeen (Bruce) Peninsula. The lands subject to litigation include a strip of beach west of Lakeview Blvd that extends between 1^st St S and 6^th St N.

In Canada’s North, rising sea levels and thinning sea ice caused by climate change threaten the lives, cultures, and identities of Inuit – and the survival of the species their communities depend on. That is why the Government of Canada is taking action to address these threats, support new economic opportunities for Inuit, and exceed our goal to protect 10 per cent of Canada’s marine and coastal areas by 2020.

The Prime Minister, Justin Trudeau, Premier of Nunavut, Joe Savikataaq, and President of the Qikiqtani Inuit Association (QIA), P.J. Akeeagok, today announced the first step in the creation of a long term protected area in Canada’s High Arctic Basin – the new Tuvaijuittuq Marine Protected Area. They also announced the completion of the Tallurutiup Imanga National Marine Conservation Area through an Inuit Impact and Benefit Agreement.

Together, these areas cover more than 427,000 square kilometres, which is larger than Newfoundland and Labrador. Now, nearly 14 per cent of Canada’s marine and coastal areas will be protected – exceeding our target of protecting 10 per cent of Canada’s marine and coastal areas by 2020.

The Inuit Impact and Benefit Agreement supports Inuit stewardship of Tallurutiup Imanga and Tuvaijuittuq. It also creates economic development opportunities in local communities, including Inuit training and employment, through $55 million in Government of Canada funding.

In addition, the Government of Canada is investing in infrastructure for communities in the Tallurutiup Imanga area. These infrastructure investments – which include funding for the construction of harbours and a training centre – total approximately $190 million over seven years.

The Prime Minister also underlined that the government is committed to upholding Canadian sovereignty in the Arctic. The government has made significant investments in the Canadian Coast Guard and Navy, so we have greater capabilities to defend Canada’s national interests.

The Government of Canada is working to support a healthy Arctic, fight climate change, and advance reconciliation with Indigenous peoples by recognizing their unique relationship with traditional lands and waters and expertise in their management. We will continue to work closely with Inuit communities and Northern partners to determine how best to protect our Arctic marine areas for the benefit of all Canadians.

IQALUIT, NU—The federal government and Qikiqtani Inuit Association (QIA) today announced an historic agreement that finalizes a joint governance model for the long-sought Tallurutiup Imanga National Marine Conservation Area which will protect more than 109,000 square kilometres of biologically rich Arctic waters.

The accord, called an Inuit Impact Benefit Agreement, is a major step toward completion of Canada’s largest national marine conservation area at the eastern entrance to the Northwest Passage, and represents decades of work by Inuit to safeguard a culturally significant region crucial to their subsistence way of life. Large populations of narwhal, bowhead whales, beluga and other marine mammals migrate through these icy waters each year.

“We are thrilled to celebrate the protection of this spectacular marine ecosystem in a way that will benefit Inuit and all Canadians for future generations,” said Christopher Debicki, vice-president of policy development for Oceans North. “This is a sign of Canada’s commitment to conserve its Arctic waters, including other biologically rich regions like the North Water polynya.”

The new national marine conservation area will be co-managed by Parks Canada and Inuit under the agreement. An Inuit advisory board will be established to oversee Tallurutiup Imanga. Ottawa will also invest $190 million in the broader region to support new infrastructure, like small craft harbours, and employment opportunities, including an Inuit stewardship program, for the five Nunavut communities bordering the national marine park.

“Co-management of this area by Inuit and the federal government speaks to the critical importance of having Inuit involved in governance of their adjacent waters,” Debicki said. “We believe this is a very positive development and hope it is a sign that Canada recognizes the value of joint governance with Inuit in the larger Canadian Arctic marine region.”

The final boundaries of Tallurutiup Imanga (also known as Lancaster Sound) are much larger than some of the previous proposals for this area. Three years ago, Shell voluntarily relinquished its oil and gas leases on the eastern edge of this region, paving the way to expand the national marine conservation area and the protection of this critical marine habitat. Oil and gas drilling, mineral extraction and seismic testing are not allowed in national marine conservation areas.

Media Contacts:

Chris Debicki, cdebicki@oceansnorth.ca, 204-890-2580

Ruth Teichroeb, rteichroeb@oceansnorth.ca, 613-233-5989

IQALUIT, Nunavut (July 26, 2019) – Minister of Education, David Joanasie, and President of the Qikiqtani Inuit Association (QIA), P.J. Akeeagok, are very proud to announce that new, Nunavut-developed early childhood education resources are being shared with child care facilities across the territory. 

“Early childhood Inuktut resources are key to keeping our language alive.” said Minister of Education, David Joanasie. “Children learn better when their learning tools reflect their environment, language and culture. These Nunavut-developed resources will certainly enable our young generations to preserve and strengthen their Inuit identity.” 

“I am proud to share these early childhood education resources which reflect our language and culture,” says QIA President, Akeeagok. “These puzzles, toys, and books allow our children to learn, play, and imagine themselves in a world that celebrates our Inuk-identity and mother-tongue.” 

QIA and the Department of Education have respectively invested $700,000 and $1.8 million over three years to develop these resources in a fruitful partnership that reflects Inuit life and culture. 

The QIA-developed resources will accompany the Department of Education-developed resources which are being distributed to 55 licensed facilities, including afterschool and preschool locations. A number of the resources in the spring package were also developed as part of QIA’s Benefit Fund Program.

Wendake, July 18, 2019 – The Assembly of First Nations Quebec-Labrador (AFNQL) is concerned about the situation between the Mayor of the Municipality of Oka and the community of Kanehsatake. “The comments that are reported remind us of the slippages that only exacerbated the tensions between the Mohawk Nation and the Quebec population in the summer of 1990. At this time, it is irresponsible to raise the risk of another Oka Crisis” said Ghislain Picard, Chief of the AFNQL, who appealed for calm and asked all parties to give dialogue a chance.

The AFNQL welcomes the decision by Mr. Grégoire Gollin who, in a spirit of openness and reconciliation, agreed to cede part of the lands that were at the heart of the 1990 “Crisis”. Why condemn the decision of a person who, obviously, like the Mohawk Nation, has become exasperated at the political dead end allowing for a lasting resolution of the territorial litigation of the past three decades?

The AFNQL also wishes to acknowledge the openness of Grand Chief Serge Simon who invited the population of Oka to an information session so that they can be adequately informed of the issues facing the community of Kanehsatake. “In these circumstances, Grand Chief Simon’s opening gesture demonstrates his good faith and must be commended. Engaging the dialogue can certainly prevent the situation from deteriorating. It is about the harmonious relationship that everyone wants between neighbours living on the same territory”, concluded the Chief of the AFNQL.

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

This year will mark the 225th anniversary of Jay’s Treaty. Negotiated between the newly independent United States and Great Britain in 1794, the Treaty averted a war between the two countries over such issues as British posts remaining in the United States after American independence and the peace treaty of 1783, and debts unpaid to British creditors. Most importantly, for the indigenous people of North America, Jay’s Treaty provided for their free movement between the artificial legal boundaries established in 1783, as well as the free movement of indigenous trade goods. Since the Treaty was ratified by the United States Senate in 1794, it has allowed indigenous people in Canada to live and work in the United States. Canada, however, does not recognize the application of Jay’s Treaty.

The Supreme Court of Canada ruled in 1956 in Francis vs. The Queen tha Jay’s Treaty did not apply in Canada because the Treaty was never affirmed by Canada’s Parliament, even if it was ratified by Great Britain in 1794 when Canada was still a colony. Even with the passage of the Constitution Act of 1982, and specifically, section 35 thereof, which emphasized respect for Treaty rights, the Canadian courts have continued to follow the Francis decision of 1956 on the basis that the Constitution Act referred to domestic treaties rather than international treaties.

The free movement of indigenous people between what was in 1794 His Majesties Territories in America and the United States had been demanded by Great Britain to protect the fur trade with its headquarters in Montreal and its supply route throughout much of North America. The fur trade remained important until 1810 when furs were replaced by silk in the manufacture of fashionable hats. Due to the decline of the fur trade, by 1813, the British colonies in North America had stopped recognizing Jay’s Treaty.

The United States, on the other hand, has continued to recognize Jay’s Treaty and the special immigration rights of indigenous people from Canada. In a 1924 test case, a Six Nations ironworker born in Canada named Paul Diabo was ordered deported from the United States by the immigration authorities. This administrative ruling subsequently was overturned in 1928 by the United States Court of Appeals which relied on Jay’s treaty and confirmed in 1927 lower court decision that held that Diabo could freely enter the United States and work there.

The appeal court decision was codified in 1928 by United States legislation which provided that the Immigration Act of 1924 which restricted immigration into the United States was not to be interpreted to limit the right of Canadian-born Indians to enter the United States. At the time of the 1928 U.S. legislation, indigenous rights in the United States were more advanced than in Canada. The Indian Voting Rights Act of 1924 had confirmed the right of Native Americans to vote, while in Canada, First Nation citizens did not have the right to vote until 1960. Since politics in a democracy is based on voting rights, this may explain why Canada did not affirm Jay’s Treaty immediately after the 1956 Francis decision.

The appeal court decision was codified in 1928 by United States legislation which provided that the Immigration Act of 1924 which restricted immigration into the United States was not to be interpreted to limit the right of Canadian-born Indians to enter the United States. At the time of
the 1928 U.S. legislation, indigenous rights in the United States were more advanced than in Canada. The Indian Voting Rights Act of 1924 had confirmed the right of Native Americans to vote, while in Canada, First Nation citizens did not have the right to vote until 1960. Since politics in a democracy is based on voting rights, this may explain why Canada did not affirm Jay’s Treaty immediately after the 1956 Francis decision.

Nevertheless, Native Americans had free entry into Canada under Canada’s liberal immigration laws until 1927. In that year, Canada severely restricted immigration numbers, as well as imposing literacy and financial requirements on immigrants. Jay’s Treaty was intended by Great Britain, in part, to shield indigenous North Americans from the negative economic effects of the division of North America in 1783. Canada, on the contrary, has used Jay’s Treaty as a sword. During what is known as the Sixties Scoop, Jay’s Treaty facilitated the removal of many indigenous children from their families to live with American families, thereby depriving these children of their culture, language, and family ties.

In not affirming Jay’s Treaty, Canada has failed to secure the intellectual wealth of those Native Americans who would immigrate to Canada if they could easily do so. There are many concerns, such as land claims, pollution, and economic development which jointly concern American and Canadian indigenous peoples. There is strength in unity.

The Federal Government’s support of Bill-262 which, if enacted, would be a statute to ensure that all laws in Canada comply with the United Nations Declaration on the Rights of Indigenous People offers hope that Jay’s Treaty will be affirmed by Canada. Article 37 of this Declaration states that “Indigenous peoples have the right to recognition, observance, and enforcement of treaties, agreements and other constructive arrangements concluded with States”. Since this Declaration is international in scope, it would be difficult to argue that the word “Treaties” in the Declaration would not include Jay’s Treaty.

The process of reconciliation between indigenous and non- indigenous people is dependant on correcting many historic injustices. Canada’s failure to affirm the 225 year old Jay’s Treaty, can easily be corrected by legislation.

Update on First Nations Post-Secondary Education

The work and progress in the area of First Nations post-secondary education (PSE) is guided by direction from Chiefs-in-Assembly and the long-standing goal of achieving First Nations control of First Nations Education. First Nations control of First Nations Education means respecting, protecting and enforcing First Nations inherent rights and Treaty rights, title and jurisdiction. It means First Nations education systems designed by First Nations, under First Nations control and supported by direct transfers from the Federal Government.

Consistent with a number of national resolutions, most recently Assembly of First Nations (AFN) resolution 48/2018, First Nations Post-Secondary Education Policy Proposal, the Chiefs Committee on Education (CCOE), National Indian Education Council (NIEC) and the AFN submitted a policy proposal to the Cabinet of Canada that recommended a new way forward for First Nations PSE whereby the jurisdiction would remain with the First Nations.

Prior to that submission, Budget 2019 allocated $327 million dollars over five years to First Nations for the Post-Secondary Student Support Program. This falls far short of the $1.7 billion required to close the gap in post-secondary education.

On June 18, 2019, the AFN was informed that the First Nations Post-Secondary Policy Proposal was approved by the federal cabinet. While the approval did not increase the investments in Budget 2019, it confirmed support for First Nations-led Treaty-based and/or regional based processes to develop models that will best support First Nations PSE. Alongside the approval of Treaty and/or regional based PSE models, Budget 2019 provided $7.5 Million over three years to support First Nations in exploratory discussions, engagement, partnership tables and model design with their members. First Nations will begin to transition from current restrictions in PSE to more holistic approaches that support the unique needs of every Nation.

First Nations can now begin the important and essential work of designing their own approaches to PSE.

In addition to significant changes in First Nations PSE models, further amendments to programs and policies include:

• Residency Clause: Eligible recipients for PSE funding were previously subject to restrictions that included mandatory Canadian residency. New changes amend and broaden eligible recipients to Band Councils, organizations designated by Band Councils, and self-governing First Nations in the Yukon.
• Post-Secondary Partnerships Program: Eligible recipients previously included mainstream institutions that were receiving First Nations funding. New changes amend eligible recipients exclusively to include Band Councils, organizations designated by Band Councils, community based regional bodies and the First Nations University of Canada.
• Eligible Expenditures: The previous conditions contained overly prescriptive language around eligible expenditures in all First Nations PSE programs. New changes amend the prescriptive language and broaden expenditures to allow more flexibility for what each First Nation considers an appropriate expenditure.

While the AFN continues to advocate for Post-Secondary Education to be funded as a Treaty and inherent right, based on the needs of all First Nations post-secondary students, amendments to policies and programs that support First Nations Control of First Nations Education are a welcome change.

We will continue to advocate and prioritize First Nations jurisdiction in education that is reflective of our Treaty and inherent rights. If you would like more information please contact the AFN Director of Education, Janice Ciavaglia, at 613-241-6789 ext. 206 or by email at jciavaglia@afn.ca

(Ottawa, ON) – While premiers and territorial leaders meet in Saskatchewan today to discuss the well-being of Indigenous children, youth and families, a new report released today co-authored by the Assembly of First Nations (AFN) says First Nations children experience the highest levels of poverty in Canada. 

“Canada is not tracking First Nations poverty on-reserve so we did,” said AFN National Chief Perry Bellegarde.  “The findings of this report are shameful and underscore the urgent need to invest in First Nations children, families and communities. Our children face the worst social and economic conditions in the country. They deserve an opportunity to succeed. Canada has not been tracking poverty on-reserve and that’s one reason the situation is not improving. We need a combination of political will, action, cooperation among governments and sustainable investments in water, infrastructure, housing and education to help First Nations children succeed and get a fair start in life. It’s beneficial to all Canadians to close the gap in quality of life between First Nations and Canada.”

The report, Towards Justice: Tackling Indigenous Child Poverty in Canada, available at http://www.afn.ca/wp-content/uploads/2019/07/Upstream_report_final_English_June-24-2019.pdf, was developed in partnership by the AFN, the Canadian Centre for Policy Alternatives (CCPA) and published by Upstream: Institute for a Healthy Society.  It finds that half of all First Nations children on-reserve live in poverty, with even higher numbers in Saskatchewan and Manitoba. Children on reserve are four times more likely than non-Indigenous children in Canada to live in poverty and experience some of the worst social and economic conditions, causing negative effects on physical, mental and emotional wellbeing. The report tracks child poverty rates using the 2006 Census, the 2011 National Household Survey and the 2016 Census.

National Chief Bellegarde is meeting with premiers and territorial leaders today in Big River First Nation, Saskatchewan to instill in leaders the importance of working together with First Nations to urgently address long-standing barriers to closing the gap.  This includes working collaboratively to implement recently passed federal legislation focused on First Nations jurisdiction over child welfare. The meeting, hosted by Saskatchewan Premier Scott Moe, is focused on the well-being of Indigenous children, youth and families and takes place in advance of the Council of the Federation meeting in Saskatoon Wednesday.

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