Topic: EDITORIAL

Despite decades of strong Indigenous voices demanding that governments honour the Treaties, and numerous court decisions supporting their calls for action, governments across Canada continue to disrespect and ignore their Treaty obligations.

In Fort McKay First Nation v Prosper Petroleum Ltd., the Alberta Court of Appeal has become the most recent Canadian court to highlight the disconnect between governments’ legal obligations to Treaty people and their shameful and continuing disregard for the Treaty relationship.

What it is about

In 1899, predecessors of Fort McKay First Nation entered into Treaty 8 with the Crown. The Treaty was intended to establish a relationship of mutual respect and benefit, and to set the terms by which the Indigenous signatories to Treaty 8 would peacefully share their territory while preserving their own way of life.
In recent decades, lands surrounding Fort McKay have been subject to extensive oil sands development. In 2003, Fort McKay and the Government of Alberta entered into negotiations to develop a plan to address the cumulative effects of industrial activities on Fort McKay’s Treaty rights in the Moose Lake area. The Province promised, as part of the negotiations, to protect lands in the Moose Lake area from further development.
In 2018, before the plan to protect lands in the Moose Lake area was finalized, the Alberta Energy Regulator (AER) approved an application for a bitumen recovery project near Fort McKay’s reserves.
Fort McKay appealed the AER’s decision on the basis that the AER failed to consider the honour of the Crown and should have delayed approval of the project until Fort McKay’s negotiations with the Province were completed.

What the Court said

The Court of Appeal allowed the appeal and ordered the AER to reconsider whether the project was in the public interest, taking into account the honour of the Crown and commitments made by Alberta in the course of an ongoing negotiation process with Fort McKay.
The Court held that the honour of the Crown requires governments act in a way that accomplishes the intended purposes of the Treaty, and that this overarching obligation may give rise to duties beyond consultation, including the requirement to keep promises made in negotiations to protect Treaty rights.
The Court acknowledged that the reality of extensive industrial development may make it increasingly difficult for the Province to keep certain Treaty promises, including the right to hunt. However, the Court emphasized that the Province remains under an ongoing obligation to honourably implement the Treaty, including by taking into account the cumulative effects of development on Treaty rights.
The Court further held that where a regulatory agency such as the AER is required to consider whether a project is in the “public interest,” it must ensure that its decision is consistent with section 35 of the Constitution Act, 1982. In this case, the AER failed to fulfil its responsibility to consider the honour of the Crown and potential impacts of a project on Aboriginal and Treaty rights as part of fulfilling its public interest mandate.

Why it matters

The importance of the numbered Treaties, and the Crown’s corresponding obligations, have been repeatedly and unequivocally confirmed by the Supreme Court for many years. As the Court held in Mikisew (2005), the honour of the Crown is at stake in the performance of every Treaty obligation. The Treaty relationship mandates an ongoing process whereby the Crown, acting honourably, must ensure that Treaty rights remain protected in the face of industrial development.
Too often, however, Indigenous Peoples’ Treaty rights have been sidelined where large-scale resource projects are at stake. This is particularly true in Alberta, where oil sands development has left Fort McKay and other First Nations unable to use large portions of their lands.
The Alberta Court of Appeal’s decision is an important reminder to Alberta, and other provinces, that the Crown’s Treaty promises are to be taken seriously.
The honour of the Crown requires that it take steps to protect a First Nation’s Treaty rights long before those rights are infringed. This includes taking into account the cumulative effects of resource development and promises made in the course of modern-day negotiations.
Government decisions which fail to consider the impacts of a project on a First Nation’s Treaty rights cannot be in the public interest.

Looking ahead

It is a telling comment on the Alberta government’s systemic failure to live up to its Treaty obligations that it was necessary for the Court of Appeal to remind the Province of its Treaty obligations.
Will Alberta, and other provinces, finally begin to take their Treaty obligations seriously? Only time will tell. Importantly, the Fort McKay decision makes clear that courts are prepared to enforce the Crown’s obligations in respect of Treaty implementation.
Alberta needs to accept the fact that disrespecting the Treaties is both contrary to Canadian law and bad policy. The possibility of cancelled projects creates uncertainty for everyone. Certainty, and honour, can only be realized through fulfilling Treaty obligations.

Kate Gunn is a lawyer at First Peoples Law Corporation. Kate completed her Master’s of Law at the University of British Columbia. Her most recent academic essay, “Agreeing to Share: Treaty 3, History & the Courts,” was published in the UBC Law Review.

Bruce McIvor, lawyer and historian, is principal of First Peoples Law Corporation. He is also an Adjunct Professor at the University of British Columbia’s Allard School of Law where he teaches the constitutional law of Aboriginal and Treaty rights. Bruce is a proud Métis from the Red River in Manitoba. He holds a Ph.D. in Aboriginal and environmental history and is a Fulbright Scholar. A member of the bar in British Columbia and Ontario, Bruce is recognized nationally and internationally as a leading practitioner of Aboriginal law in Canada.

First Nation youth are culturally obligated to learn and never forget our past if they intend to create a better future for our people. Our elders, who are living history and rank among our most-valued cultural treasures, are their best teachers. A priceless resource, elders provide language revitalization, cultural identity, and impart general wisdom gained over a lifetime of real-world experiences.

Our elders deserve respect and protection, and during the COVID-19 pandemic, extra-special care and attention. According to Courtney Skye, a research fellow at the Yellowhead Institute in Toronto and member of Six Nations of the Grand River in southern Ontario, today’s health crisis is highlighting one distinction between Indigenous and Western values. “Non-Indigenous young people are still going on spring break, still going out partying. I don’t necessarily see that in our communities as much. Our community understands that collective value that we have and the role that we all play in supporting one another,” says Skye. “Elders don’t just have worth because they are caregivers or because they are knowledge keepers. They also just have human dignity and value themselves as people. For me, that’s a really strong Haudenosaunee value.”

Because First Nation family members visit each other often, Kahnawake Public Safety Commissioner Lloyd Phillips said that our communities are especially vulnerable to a rapid spread of the virus. “We know there’s going to be impacts across the board, we know there’s impacts on individuals, on businesses, and people’s lives, but it’s a requirement to protect the most vulnerable and to protect our elders,” said Phillips. “We have to take extra measures to protect our elders, which also falls in lines with our traditions of ensuring we are respecting our elders.”

Elders at Wikwemikong Nursing Home, whose values are based upon the Anishinaabe people’s Seven Grandfather Teachings, are relying on social media to remind families that it best for them to not visit and keep their distance. This because elders are particularly vulnerable to complications and possible death if infected with COVID-19.

Reinforcing the message of the necessity for social distancing, self-isolating, and handwashing – three key factors in preventing the spread of COVID-19 – the facility, located on the Manitoulin Island north of Lake Huron in Ontario, launched the public awareness campaign after administrator Cheryl Osawabine-Peltier felt people, not just locally but worldwide, were not taking precautions seriously enough.

Physical distancing and self-isolating is not synonymous with not communicating. Since every person, young and old, requires socializing, the Wikwemikong Nursing Home’s campaign includes messages from elders to their loved ones saying, “I know you love me,” and “we can Skype.” Osawabine-Peltier considers all Wikwemikong Nursing Home residents to be her grandparents and treats them accordingly. “As Indigenous people, we always hold our elders to the highest level,” said Osawabine-Peltier.

Peggy Mayo is the president of Golden Age Club in Kahnawake, Quebec. Her facility, like Wikwemikong, were ahead of the curve when they officially limited access to its long-term care facilities well before the provincial government ordered visitor bans. The Golden Age Club’s staff abided by their own rule by ordering employees over the age of 70 to work from home to limit physical contact with elders.

Physical isolation can be troublesome and a difficult adjustment to make for social-minded people, which is why Mayo checks in by phone with her most isolated members and connects them with volunteers who shop for their groceries and pick up prescriptions at the pharmacy. “Every day, I’m on the phone at least five-to-10 times a day, calling various people to see how they are, how’s everything going, thinking of them, and hopefully when this is all over, we’ll get together again real soon,” said Mayo. “It’s very important that we don’t forget about anyone, so they don’t feel alone.”

On December 5, 2019, Her Excellency the Right Honourable Julie Payette, Governor General of Canada, delivered the Speech from the Throne to open the 43^rd session of Parliament and outline the Government’s agenda.

The Speech included, for the first time, a specific section on Indigenous commitments entitled “Walking the Road to Reconciliation.” The section – and other parts of the speech – mirrored many of the priorities set out in the AFN’s Honouring Promises advocacy document, issued prior to the 2019 federal election. The commitments include:

• action on climate change, including a commitment to the target of achieving net-zero emissions by 2050;
• action to co-develop and introduce legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples in the first year of the new mandate;
• new steps to ensure the Government is living up to the spirit and intent of Treaties, agreements, and other constructive arrangements made with Indigenous Peoples;
• continuing work on safe drinking water and eliminating all long-term drinking water advisories by 2021;
• implementation of the Truth and Reconciliation Commission’s Calls to Action and the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls;
• a promise to close the gap in infrastructure by 2030;
• continue to invest in Indigenous priorities, in collaboration with Indigenous partners; and,
• ensure that Indigenous children and youth who were harmed under the discriminatory child welfare system are compensated in a way that is both fair and timely

All of these commitments are important and, where necessary, we will work to get more details on next steps and ensure that First Nations are involved in initiatives that have potential to affect our lands, our lives and our rights.

I am encouraged by many of these commitments. First Nations declared a climate emergency in 2019 and there are many resolutions over the years calling for action on climate destruction. We are the first to feel the impacts, and we are first in leading the way to a cleaner, greener environment and economy. We must be directly involved in developing and implementing Canada’s climate plan.

Legislation on the UN Declaration on the Rights of Indigenous Peoples is a top priority. It will guide our work in so many other important areas. It is unfinished business from the last Parliament. The Liberals, NDP, the Green Party and the Bloc Quebecois committed to it in their campaigns so there is a majority support for legislation. We will get it done. We are already working with all parties in the House of Commons to advance this initiative. Advancing our rights is paramount. We will move on the critical work of giving life to the spirit and intent of the Treaties and our original nation-to-nation relationship of partnership, respect, mutual recognition and sharing.

The commitment on child welfare is something we will watch closely. We want to see a related commitment from Canada to honour the rulings of the Human Rights Tribunal. We will push the government for full support and resources to implement the laws that impact the well-being of our children – the Indigenous Languages Act and the Indigenous Child Welfare Act.  A distinct First Nations approach, as determined by Rights Holders, to implement Bill C92 is the only approach that respects the Inherent Right of First Nations over children and families.

The Throne Speech highlighted some of the past successes of the government, many of which are the result of strong leadership and advocacy by First Nations. These include the elimination of 87 long-term drinking water advisories, more equitable funding for First Nations K-12 education, and the completion of the National Inquiry into Missing and Murdered Indigenous Women and Girls. I commend you for your leadership, support and advocacy.

The AFN outlined its priorities Honouring Promises, which can be found here.

As National Chief, I look forward to working with you as we maintain momentum and progress on an ambitious agenda to make a stronger country for all of us through the implementation of First Nations rights, title, Treaties and jurisdiction.

It’s been 50 years since the Government of Canada tabled the Statement of Indian Policy of the Government of Canada known now as ‘The White Paper’. It’s also been 50 years since the establishment of Indigenous Studies at Trent University. As the government was proposing to repeal the Indian Act and to narrowly interpret the treaties, seen then as historic relics inconsistent with a modern nation state based upon the principles of a just society, Indians, in collaboration with allies throughout Canadian society, pushed back and the policy of extermination and assimilation was withdrawn. 

At Trent University in Peterborough, the newly minted discipline of “Indian and Eskimo Studies” provided a site for a disciplined and passionate discussion of Indigenous rights, culture, tradition and knowledge that would lend support to a new Indigenous political consciousness emerging across North America. The program name was changed to Native Studies, then Indigenous Studies, and has contributed to the development of what I call ‘the New Indian problem.”

I was sixteen years old and living at Six Nations of the Grand River. I remember the fear and anxiety generated when the policy was tabled. My family did not know what would happen; we did not know what the future held; our homes were not secure nor was it clear what would happen to our community. This period was time of great uncertainty. I am constantly amazed at what has happened over the last half century and the foundation that has been built for Indigenous communities. None of the things that I see around me were contemplated at that time.

Since the arrival of Europeans and the establishment of governments in Canada after 1763, government officials have been trying to decide what to do with the Indians: each government over the years has had a particular view of ‘the Indian problem’ as it were.  At various times, the problem was whether or not we were human and had souls; how to make us into good Christians, how to live next to us, how to get our land, how to get us to enter into military alliances, how to civilize us, how to assimilate us, or how to get us to become an ethnic group as part of the multi-cultural environment of Canada. Each of these views of the Indian problem has led to a particular policy solution and a set of actions by government officials.

After half a century of effort to solve the Indian problem, what is the Indian problem at the early part of the 21st century, ie what is the new Indian problem?  Is it a problem of new Indians or a new problem about Indians?

There have been remarkable achievements over the last half century, in politics, in arts, in social services among other areas. And we often forget what we have achieved and how we have achieved it.  It has been achieved by Indigenous peoples speaking, organizing and pushing hard for their own ideas and winning in the public debates of courts, legislatures, policy fora and through the creative use of political allies: Indigenous support groups, Churches, academics, writers, etc. Trent Indigenous Studies’ graduates are leaders in all of these achievements, often at the forefront pushing the boundaries and proposing collaborative decision-making processes.

There is a confident, aggressive, savvy, educated, experienced Indigenous leadership that has emerged over the past two decades who know how to push hard and get what they want.  Behind them are more than 50,000 students who are in post-secondary education institutions across the country and who are moving into positions of leadership in many communities. These people are determined, well-educated, and courageous and want the world to be different for them and their children. 

These leaders and students see self-government within their grasp: they will have experienced aspects of it: in education, in health care, in economic development, in social work, in housing, in cultural programs, in language training and education. These students also understand their own cultures, traditions and histories, are learning their own languages and understand how Canadian society and power work as a result of their university studies. Trent’s embrace of Indigenous Elders and Indigenous Knowledges has contributed to cultural revitalization. 

One of the most difficult challenges will be fostering the development of positive public attitudes towards Indigenous peoples and their governments.  RCAP recommended that there be major public education effort aimed at helping Canadian citizens to understand Indigenous aspirations, cultures, communities and ways of living.

We forget that all the good work that Indigenous leaders undertake takes place within a Canadian context that has had a hard time coming to terms with a continued Indigenous presence, let alone a modern, educated Indigenous one that will challenge it and assert itself and insist upon its own place and possess the legal clout to achieve it. The Indigenous Studies program at Trent has educated more than 10,000 non-Indigenous students on Indigenous issues over the last half century. These students understand Indigenous peoples and the issues that we face and are advocating and working on solutions, oftentimes quietly and out of sight.

A new Indigenous ethos has emerged which I call ‘post-colonial consciousness.’ An individual imbued with this ethos understands what happened, why it happened, the impact of what happened and has the desire and skill to ensure that the damage is repaired and that what happened never happens again.

And so we come to the New Indian Problem.  The problem is what to do with the New Indians.  The New Indians have a post-colonial consciousness and the skills and knowledge to act upon it. Are Canadians ready to deal with the new Indians?

Join us in conversation on February 18 – 21, 2020, when the Chanie Wenjack School for Indigenous Studies will host the 33rd annual CINSA conference celebrating the 50th anniversary of Indigenous Studies; the 20th anniversary of the Indigenous Studies Ph.D. program and the 10th Anniversary of the Indigenous Environmental Studies Program at Trent University. www.trentu.ca/indigenous

Firefighters Without Borders (FWB) has partnered with the Lac Seul Fire and Emergency Services to help improve fire safety in the Northern First Nation Community of Lac Seul, located near Sioux Lookout, Ontario, as part of Fire Prevention Month (month of October).

FWB has enlisted Chris Miller and Jeff Jones, fire prevention officers with the City of Mississauga Fire & Emergency Services, to visit Lac Seul from Oct. 27-30 to help train Fire and Emergency Services volunteers on proper delivery methods of Fire Safety and Prevention information for households and schools.  In turn, the Lac Seul Fire and Emergency Services will then educate the 872 residents (including students) on fire prevention. They will also ensure each household has a functioning smoke alarm. Any alarms that aren’t functioning will be replaced by a First Alert 10-Year Sealed Battery Smoke Alarm.

“October is a time to raise awareness about fire safety in the home and to help ensure you are prepared in case of an emergency. We are very grateful for the volunteers traveling from Firefighters Without Borders to Lac Seul to discuss fire safety with our firefighters and our community,” said Lac Seul First Nation Fire Chief David Gordon. 

Russ Chalmers, Acting President for Firefighters Without Borders, said “Recent studies have shown that residents of First Nation communities are ten times more likely to die in a house fire than those living in the rest of Canada.  To us, this is a vital project, and we’re grateful that these highly skilled fire prevention volunteers from the City of Mississauga are helping to address the dire fire safety needs that exist in First Nations communities such as Lac Seul.” 

“We’re honoured to have these specialized fire prevention officers from the City of Mississauga donating their time to this important project, and to have a strategic partner like First Alert supplying us with much-needed smoke alarms to ensure the safety of all Lac Seul residents,” said Craig Dockeray, vice president of Firefighters Without Borders and project lead for Lac Seul. 

First Alert donated 200 smoke alarms and supplemented its donation with discount pricing to help ensure each resident is protected.

“We always include fire safety training in our projects,” added Dockeray. “However, this is the first large scale project by Firefighters Without Borders dedicated to public fire safety education and a Smoke Alarm Implementation Program.”

“Community risk reduction initiatives such as this are vital in ensuring all areas of the country are better protected from the dangers of fire and carbon monoxide poisoning,” said Tarsila Wey, director of marketing for First Alert. “Partners like Firefighters Without Borders are representative of the dedication we see throughout the fire service community, and we applaud their efforts.”  

This fire prevention education project in Lac Seul is the continuation of a project by Firefighters Without Borders to ensure Lac Seul First Nation is better equipped to deal with both fire prevention and emergency response. Earlier this year, a fire truck was generously donated by the City of St. Catharines and donated to Lac Seul First Nation with the help of Firefighters Without Borders.  In addition to the vehicle, firefighting equipment and vehicle instruction on the operation and maintenance were provided to the firefighters in Lac Seul First Nation.     

About BRK Brands, Inc. 
BRK Brands, Inc. (Aurora, IL), is a fully owned subsidiary of Newell Brands. For more than 60 years, BRK Brands, Inc. has been the manufacturer of First Alert®-branded home-safety products, the most trusted and recognized safety brand in America. BRK® Brands designs and develops innovative safety solutions including Tundra™ Fire Extinguishing Spray, Onelink by First Alert smart home products, a comprehensive line of smoke alarms, carbon monoxide alarms, fire extinguishers and escape ladders to protect what matters most.  Such products are also marketed under the BRK Electronics® brand, The Professional Standard for the builder and contractor audiences.  BRK Brands, Inc. products are found in more than 30 countries worldwide.  For more information, visit http://www.firstalert.com, http://www.brkelectronics.com or http://www.newellbrands.com.  

About Newell Brands
Newell Brands (NASDAQ: NWL) is a leading global consumer goods company with a strong portfolio of well-known brands, including Paper Mate®, Sharpie®, Dymo®, EXPO®, Parker®, Elmer’s®, Coleman®, Marmot®, Oster®, Sunbeam®, FoodSaver®, Mr. Coffee®, Graco®, Baby Jogger®, NUK®, Calphalon®, Rubbermaid®, Contigo®, First Alert®, and Yankee Candle®. For hundreds of millions of consumers, Newell Brands makes life better every day, where they live, learn, work and play. 
Additional information about Newell Brands is available on the company’s website, www.newellbrands.com. 

©2019 BRK Brands, Inc., Aurora, IL 60504. All rights reserved. 
BRK Electronics® is a registered trademark of BRK Brands, Inc., Aurora, IL 60504. 
Nasdaq® is a registered trademark of The Nasdaq Stock Market, Inc.  

About Firefighters Without Borders
Firefighters Without Borders is a registered Charitable organization, dedicated to providing equipment, training, and support to firefighters around the world, including Canada’s remote and northern communities.  For more information, visit our website at www.firefighterswithoutborders.org.

It has never been more evident that we have more work to do as it relates to education about medical cannabis, as well as its potential as a tool to reduce harm in communities. As research trickles in, funding dollars are beginning to be directed towards novel research in cannabinoid therapy. Our focus must first be to our most vulnerable populations. Those living with addiction remain the most stigmatized population challenged by a chronic illness. Can you believe that, in Canada, one person overdoses on opiates every two hours? Let me repeat that: ONE person EVERY TWO HOURS in Canada dies of an overdose.

I am a physician who has worked in the area of addiction medicine providing opioid replacement therapy (ORT), and the adjuvants or “helper “medicines, for patients to access a clean supply of medication dispensed by a trained pharmacist. Patients are able to stabilize their day-to-day lives and maintain their health. The challenge with these programs and protocols is that patients often have a difficult time tapering off or reducing these medicines and, dependent on geography, they are not easily accessible. Ironically, the “helper” medicines can also be misused, or can be potentially fatal, if mixed with alcohol or other sedating medications. Most patients I see are taking more than four medications.

During patient assessments, which may take upwards of one hour to complete, I have found that many were using cannabis from the illicit/legacy market. In reality, many were using it to reduce their withdrawal effects and anxiety, to help with sleep, or to reduce pain. How was this working for them? Was it really working? And in the back of my mind I remember a patient telling me 10 years ago, “Hey, Doc, there’s weed out there that doesn’t make you high”, and I, with head hanging down, admit at the time, didn’t believe her. What I now know is that given that the overdose profile for cannabis is non-existent, I feel it is a safe option for my patients living with opioid addiction, and the science and evidence-informed data is proving this. After much reading of research, and with a few of my patients stable on opioid replacement therapy (methadone/suboxone), I began providing access to legal medical cannabis for these patients with surprising success. The result? Patients were able to reduce opioids and feel like they had more control of their health and of their lives.

Fast-forward to today, with data collected on almost 6,000 of my patients who have been prescribed medical cannabis, more than 80% are able to reduce opiates and other pain and sleep medications. Patients who have drug coverage and/or are able to cover the cost of cannabis do better and are able to maintain their care plan with medical cannabis. However, for those patients living with addiction who do not have insurance, including many of our Indigenous/Status patients and/or those on low or fixed incomes, financial challenge limits their ability to continue to receive the benefits that legal medical cannabis provides .

Professionally, it has proven to be an eye-opening and humbling experience to assist patients in navigating this legal cannabis system, warts and all. It has changed how I practice. It makes me question every single pill I prescribe and has helped me become a better physician. Additionally, it has turned my patients, for the most part, into willing scientists. I tell each patient as they trial cannabis, “We are doing science!” as they sigh and fill out their umpteenth questionnaire. For those patients accessing medical cannabis, a sharp line between the recreational and medical market is required to address accessibility and affordability. Could you imagine someone with diabetes having to get their drugs illegally? If the supply of insulin was not clean? In an environment where our national physician’s governing body does not actively support medical cannabis, and where those of us working on the frontlines see the benefit and possibilities of this plant, there must be more communication and bridge-building regarding its medicinal properties. Our pharmacy partners, who understand the complexities of medicines, must be involved in the care of our patients.

In a system where physicians are now encouraged to de-prescribe opiates and benzodiazepines (BZD’s), but are left with little else to offer the patient, the disconnect is evident. Current drug policy has yet to catch up with the science that supports safe-use sites, access to clean sources of opiates, and the reduction of deaths in communities in Canada. When building resilience amounts to little more than lip service as the resources supporting substance use and mental health services are limited and finite, it becomes challenging to offer and address the underpinnings of addiction. As a result, our efforts are not enough, and we must challenge the status quo. The advocacy work of all those on the frontlines, actively giving care, must be supported through research, and provincial and federal funding. Let us, on the frontlines, continue to do this work. On a broader scale, we all must focus our efforts and work together to drive the accessibility and affordability of medical cannabis for patients – it is promising as a medicine, for many, many patient populations and, most certainly, for those living with addiction.

DR SHELLEY TURNER MD CCFP – CHIEF MEDICAL OFFICER
EKOSI HEALTH CENTRE
Will be a featured Speaker at the national Indigenous Cannabis & Hemp Conference, being held in Kelowna at the Delta Grand Okanagan Hotel. November 26-28, 2019
For more information and registration: https://www.nichc.ca