Topic: Today’s News

United Nations Human Rights Committee Findings that Indian Act still Discriminates Against First Nations Women, NWAC Urges Federal Government to Act

Ottawa, ON— On January 14, 2019 the United Nations Human Rights Committee (UNHRC) released a decision on Sharon McIvor’s petition claiming registration provisions in the Indian Actdiscriminate against First Nations women, and their descendants, on the basis of sex.

The Committee found Canada failed to adequately protect First Nations women from discrimination. They stated Canada is obligated to remove existing sex-based discrimination from the Indian Act. Canada must ensure all First Nations women and their descendants are eligible for Indian Status on equal footing as First Nations men.

For decades, grassroots Indigenous women, and organizations like NWAC have advocated for the removal of sex-based discrimination in the Indian Act. Sex-based discriminationmeans First Nations women are more likely to be disenfranchised and face barriers in accessing services like healthcare and housing.

Since 1985, numerous amendments try to remove sex-based discrimination from the Indian Act, but none achieved full equality for First Nations women and their descendants.

If implemented, the second phase of provisions under Bill S-3 would remove all of the sex-based discrimination McIvor, and people in her circumstances, face. UNHRC cautioned Canada to ensure similar violations do not occur again.

Canada has180 days to report back on measures taken to fix the issue. The federal government can easily take the necessary actions and set a specific date to implement the second phase of provisions under Bill S-3.

NWAC calls on the federal government to take immediate action. A more expansive approach is required to account for all discriminatory provisions, including the second generation cut-off rule and the burden of proof to establish “Indian parentage”.

This ruling is historic for many First Nations women and their descendants. Indigenous women deserve nothing less than full equality. Canada must act now. Canada must stop discriminating.

NWAC to lead 2019 Ottawa Women’s March with Assembly of Seven Generations

Ottawa, ON – On Saturday January 19, 2019, the Native Women’s Association of Canada (NWAC) will gather on unceded Algonquin territory to participate in the 2019 Ottawa Women’s March. This year, NWAC will lead the march behind drummers from the Assembly of Seven Generations, a youth-led non-profit organization focused on cultural support and youth empowerment, and the Ogimaakwewak Singers.

The Ottawa Women’s March takes place on the same day thousands of people will rally in the streets throughout Canada and the world. The Women’s March is an annual global movement to raise awareness and advocate for legislative and policy changes concerning women’s rights, Indigenous rights, reproductive rights, environmental issues, 2SLGBTQ+ rights, racial equity, and more.

This year, NWAC marches to put an end to violence against women and girls. Due to the history and ongoing practice of colonization in Canada, Indigenous women, girls, and gender-diverse people experience disproportionate rates of violence. This must end.

For decades, NWAC worked to draw attention to the missing and murdered Indigenous women and girls (MMIWG) crisis and advocate to end violence against Indigenous women and girls. Any progress made in 2018 is not enough. There is still so much work to be done to achieve safety and justice for MMIWG and their families.

NWAC acknowledges the interconnected nature of our struggles, and looks forward to marching alongside other organizations, individuals, and allies working to create positive change in their communities.

It’s 2019. It’s time we #StopDiscriminating. It’s time all women are heard. It’s time to march. Join the #WomenOfNWAC in our march for equality.

Commissioner’s Arts Award Open for Nominations

Nunavut Commissioner Nellie Kusugak is seeking nominations for the Nunavut Commissioner’s Arts Award.

The award, a cash prize of $10,000, will be presented to a visual artist who has made a major contribution to the arts.

Candidates must be Nunavut residents and/or Nunavut Inuit who have been working in the arts for more than two years. Candidates must be nominated, receiving the support of three individuals or organizations.

A selection committee will review all nominations. Nominees will be judged on their artistic achievements and the quality and impact of their work.

Nomination guidelines and nomination forms are available from the Commissioner’s office.

Deadline for nominations is February 28, 2019.

First Nations Priorities Must Be Canada’s Priorities – AFN National Chief Responds to Federal Cabinet Shuffle

 

(Ottawa, ON) – Assembly of First Nations (AFN) National Chief Perry Bellegarde responded to today’s federal cabinet shuffle stating continued commitment and progress on First Nations priorities is critical to moving forward and closing the gap between First Nations and the rest of Canada.

“Cabinet positions will change, but First Nations peoples and issues must remain a top priority,” said AFN National Chief Perry Bellegarde. “We will work to ensure the entire cabinet understands that the First Nations agenda is Canada’s agenda. Progress moves us all forward. We’ll be delivering this message to the Prime Minister and his cabinet at our meeting today on First Nations priorities.”

National Chief Bellegarde and AFN Regional Chiefs are meeting with the Prime Minister and senior cabinet ministers this afternoon consistent with commitments under the AFNCanada Memorandum of Understanding on Joint Priorities. The meeting was scheduled prior to the announcement of today’s cabinet shuffle.

National Chief Bellegarde noted some changes to key portfolios dealing with the First Nations agenda.

“I look forward to meeting with the new Minister of Indigenous Services Seamus O’Regan and the new Attorney General David Lametti as soon as possible,” said National Chief Bellegarde. “We lift up the work of former Attorney General Jody Wilson-Raybould as the first Indigenous Justice Minister and her efforts to bring a First Nations perspective to Canada’s legal system. I look forward to our continued work together in her new role as Minister of Veterans Affairs. Justice for First Nations veterans has been a long-standing priority for me and for the AFN. I’m honoured to have worked with the new Treasury Board President Jane Philpott and acknowledge all her efforts as Minister of Indigenous Services. Her openness and commitment to working together is a positive example for all governments.”

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

Anishinabek Nation leadership hopes for a peaceful resolve in Wet’suwet’en Nation

ANISHINABEK NATION HEAD OFFICE (January 10, 2018)— Anishinabek Nation Grand Council Chief Glen Hare issued the following statement regarding the peaceful protest against the TransCanada pipeline project occurring in Wet’suwet’en traditional territory in British Columbia and the law enforcement executed by the Royal Canadian Mounted Police (RCMP).

“I believe that the decision on how to proceed rests solely with all leadership and the citizens of Wet’suwet’en Nation,” stated Grand Council Chief Hare. “It is a decision that will have ramifications that could echo in eternity, so it is not one that can be made lightly and with external influences, interferences, or pressures. The forceful interference, assumed jurisdiction, and mishandling of the situation by the government of Canada and its agents harken to a time all too familiar to us and moves usfurther away from meaningfulreconciliation. True reconciliation requires more than the actions outlined by the recommendations in the report of the Truth and Reconciliation Commission of Canada – it requires efforts to reform the specific and comprehensive land claims processes in partnership with Indigenous peoples. This is a diversionary tactic that shifts the focus from addressing the underlying land title issues. I am confident that consensus will be achieved between all citizens of Wet’suwet’en Nation and will only unify and strengthen their nation.”

The $40 billion liquefied natural gas project planned will see a pipeline by TransCanada subsidiary Coastal GasLink span across northern British Columbia, including the traditional territory of Wet’suwet’en Nation. The 670- kilometre pipeline will be carrying natural gas from Dawson Creek in northeastern British Columbia to a new processing plant on the coast in Kitimat where the gas would be liquefied for overseas export.

Those from the Wet’suwet’en Nation that oppose the pipeline have been peacefully protesting against the pipeline and set up two camps with fortified checkpoints to prevent TransCanada from gaining access to the road to commence work. The protestors assert that the proposed pipeline project infringes on Aboriginal title, an assertion that can be supported by the 1997 Delgamuukw Supreme Court of Canada ruling as the Wet’suwet’en Nation has unfettered title to the land.

The RCMP waslooking to enforce a court injunction, which was granted in December by the Supreme Court of British Columbia, ordering protestors to stop preventing workers from gaining access to a road and bridge. On January 7, RCMP entered the fortified checkpoint at one of the camps where 14 people were arrested in violation of the injunction.

“Canada and its agents have been in violation of the United Nations Declaration on the Rights of Indigenous Peoples as ‘Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas’ – and that is exactly what the people of Wet’suwet’en Nation are striving for,” added Grand Council Chief Hare. “Yesterday, they de-escalated the enforcement issue — it gives me hope for a peaceful resolve as the safety and well-being of all citizens, regardless of where they stand on the issue, is of the utmost importance.”

The Anishinabek Nation is the political advocate for 40 member communities across Ontario, representing approximately 60,000 people. The Anishinabek Nation is the oldest political organization in Ontario and can trace its roots back to the Confederacy of Three Fires, which existed long before European contact.

Reconciliation Will Not Be Achieved Through Force

(Ottawa, ON) – Assembly of First Nations (AFN) National Chief Perry Bellegarde issued the following statement today on the RCMP’s action against the Gidimt’en camp and checkpoint yesterday in northern B.C., set up in support of the Unist’ot’en, both of which are houses of the Wet’suwet’en Nation:

“This use of force against peaceful people is a violation of human rights and First Nations’ rights. Building consensus under duress will make the resolution of the situation in Northern British Columbia very difficult.  Real consensus will be built when the parties, with very different views, come together in meaningful and productive dialogue.  And I am confident that they can do this.

Canada and the B.C. government have both pledged to implement the UN Declaration on the Rights of Indigenous Peoples, but are trying to impose their laws over Wet’suwet’en laws. If this was really about the ‘rule of law’ then governments would be honouring the rights and title of First Nations in their traditional territories, which are recognized by Canada’s own courts. The AFN supports the governance and decision-making process of the Wet’suwet’en leaders. Canada and B.C. should do the same. There is no reconciliation in the actions that unfolded yesterday.”

National Chief Bellegarde has been in contact with the BC AFN office and AFN BC Regional Chief Terry Teegee to stay fully informed of all developments. Reports indicate 14 people were arrested during the RCMP action

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

National Chief Perry Bellegarde Bulletin December 2018

AFN Special Chiefs Assembly

The Assembly of First Nations issues regular updates on work underway at the national office.
More information is available at www.afn.ca.

SUMMARY:

• The Assembly of First Nations (AFN) held its Special Chiefs Assembly from December 4 – 6, 2018, on unceded Algonquin territory in Ottawa, Ontario. Fifty-two resolutions were passed and will be posted on the AFN website very soon.
• The AFN participated in the First Ministers Meeting focused on trade and the economy on December 10, 2018, and brought a strong message on the need for First Nations involvement in this work and full respect for First Nations rights.

AFN Special Chiefs Assembly, December 4-6, 2018

Over 1,700 Chiefs, Elders, youth and other delegates attended the AFN Special Chiefs Assembly (SCA) from December 4 – 6 on unceded Algonquin territory in Ottawa, Ontario. The theme was “Acknowledging our Challenges, Successes and Opportunities”, and it was a chance to assess progress, set priorities, and strategic direction for the coming year.

We began by acknowledging the absence of long-serving AFN Elder Elmer Courchene, of the Sagkeeng Anicinabe First Nation, who could not join us due to illness. On day one of the Assembly, a chair and blanket were placed with the Elders to honour him and remind us of his presence. We were all shocked and saddened to learn the next day of his passing, so we held a special ceremony. During the SCA, we also acknowledged the passing of Chief St Denis, who was Chief of the Wolf Lake First Nation for over 30 years, and the late Wendall Nicholas, who had worked with the AFN Elders. The Chiefs also honoured Veteran Louis Levi Oakes, the last surviving Mohawk code talker, with a blanket ceremony.

Prime Minister Justin Trudeau addressed the Chiefs-in-Assembly on the first day. This is the fourth time he has been to our Assemblies since his election. Prime Minister Trudeau pledged to continue working with Indigenous peoples. He anticipates passing Indigenous child welfare legislation and an Indigenous Languages Act before the House of Commons rises in June 2019. Several Cabinet Ministers addressed the SCA, including Minister Hajdu, Minister Bennett and Minister Philpott. Conservative Party leader Andrew Scheer, NDP leader Jagmeet Singh, and Green Party leader Elizabeth May all addressed the delegates and took questions.

The Chiefs passed 52 resolutions at the SCA. These resolutions provide the mandate for the work of the AFN. All are important, but I can highlight some that deal with new issues. As you may know, 2019 is the United Nations International Year of Indigenous Languages, and one resolution calls on the AFN and the federal government to propose, advocate and support the United Nations in declaring an international decade of Indigenous languages. There were three resolutions on First Nations child welfare, including support for co-development of legislation with the federal government – supporting First Nations rights and jurisdiction in this critical area. A resolution was passed calling for a national heritage strategy to commemorate all Residential School sites based on First Nations’ direction. There were resolutions approving the National Housing and Related Infrastructure Strategy and research in this area, and a resolution mandating an AFN modern treaty implementation group.

One resolution I want to highlight is the resolution on the “Rejection of the Recognition and Implementation of Indigenous Rights Framework and Associated Processes.” This builds on previous AFN resolutions affirming the position that only First Nations can determine their path out of decolonization and First Nations must direct their own approaches to Nation rebuilding. We heard some inspiring words by youth from the Association of Iroquois and Allied Indians, who held a rally on Day 1 and spoke to the Assembly about rights, title and jurisdiction.

There is much more detail available on all of the resolutions passed at the December SCA. The resolutions will be posted shortly on the AFN website along with the SCA 2018 report. A full webcast of the SCA is also available at www.afn.ca

First Ministers Meeting

On December 10, 2018, the day after the SCA, I attended the First Ministers Meeting focused on trade and the economy in Montreal with Quebec Regional Chief Ghislain Picard, BC Regional Chief Terry Teegee, Northwest Territories Regional Chief Norman Yakeleya and Federation of Saskatchewan Indigenous Nations Vice-Chief Morley Watson. The meeting, called by the Prime Minister, included all provincial and territorial leaders.

The AFN stated clearly that attempts to deny or ignore the United Nations Declaration on the Rights of Indigenous Peoples and the lack of recognition of free, prior and informed consent are barriers to trade and development. We reminded the First Ministers that the enormous wealth of this country is primarily generated from First Nations lands. Any decision-making processes for natural resource development projects must involve First Nations from the very outset.

We told the Prime Minister and Premiers that permits and licenses should not be given out by governments until companies can prove that they have developed a positive relationship with the local First Nations, a strategy for First Nations engagement, and opportunities for procurement, employment and revenue sharing.

I outlined a number of ways the First Ministers can improve opportunities for First Nations, including recruiting and retaining First Nations as part of advisory councils, corporate boards, and any decision-making bodies; finding more ways to share in revenue and ownership; consideration of legislation that would require a percentage of procurement be set aside for First Nations businesses and service providers; and improving access to equity.

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.