Topic: NEWS

by Xavier Kataquapit

When you take part in a traditional Pow Wow, the first thing you notice is the rhythmic beat of the drum.   It is difficult to miss the deep resounding pulse of the drumbeat.  When it is played, it fills the air with an energy that attracts people to move closer to the sound.  It quiets the noise of everyday life and takes over the environment and demands that everyone listen.  When a traditional group of performers are playing this ancient instrument, the beat is almost hypnotic.  It clears your mind instantly of any thoughts, worries and anxieties.  

    Traditional people describe the drum as representing Mother Earth and it is her heartbeat that is heard when the drum is played.  The traditional drum is also symbolic as the mother, as when we are infants inside a womb, the heartbeat of the mother is the first sound we hear.  The drum is a sacred object that is represented and respected as if it were alive.  It is described as having its own unique voice or sound and it is believed to have its own spirit.  As part of this belief, there are many types of ceremonies performed by different Native groups to ‘awaken’ the drum before it is played.  When the drum is used there are ceremonies and prayers that are given by the drum-keeper and the drummers before an event.  When the drum is not in use it is stored in a respectful manner and it is not treated as an object of admiration or status but rather as a symbol of spirituality.  

    The shape of the drum is also thought to hold great symbolism to traditional people.  The circle is believed to represent a great deal of spirituality as it is seen as a perfect shape.  The circle is represented through numerous traditional teachings such as the circle of life, the cycle of the seasons and the shape of heavenly objects such as the sun and moon.  

    The drum in human history is thought to be one of the oldest musical instruments that has ever been created by man.  This instrument is common in many traditional cultures and it is often one that is rooted in deep history when societies were once closely connected to the land and the elements.  

    In many early cultures the drum was used as a tool of war.  The drum was used a means to drive fear into the enemy and to excite and give energy to a marching army.  It was also thought to be a way of spreading communications in the midst of a noisy battle.  A drum could be heard by everyone and it was used to direct forces to move forward, retreat or conduct other maneuvers.  Through the culture of war and its use as a military weapon, the drum was turned into an instrument of competition and so it developed into newer forms where it could be represented in many different ways.  The English, Scottish, Irish and other European countries developed many types of organized music based on the sound of the marching drum.  

    In other cultures all over the world, the rhythmic sound of the drum or the beating of a percussion instrument is the basis for just about every type of music.  Whenever someone is singing or a group of people are playing several instruments, they are following a single beat in the background that is guiding their playing.  The beat may change or vary but is always there to lead the other instruments.  

    In recent years, the basic drumbeat seems to finding its way back to people from all sorts of backgrounds.  In cities and towns all over, I see groups of people coming together to hold communal drumming sessions in parks or public places.  These sessions are great stress relievers and events that allow people to come together to perform a simple task that is self-satisfying and easy to do.  Physically, the energy that is felt when drumming actually activates natural biochemicals that provide many positive effects to the body and mind of a person.  

    There is nothing like the feeling you get when you are standing near a drum played by a group of traditional First Nation drummers.  When an experienced group is playing, they can move and direct your feelings in so many ways.  At first, it captivates you, then it may surprise you or bring a simple calm to your soul but all the while it leaves you mesmerized and relaxed as the rest of the world diminishes.  

    Sometimes as I fall to sleep, I can hear the pulse of my heart in the silent dark.  It reminds me of the drum and it makes me realize how such an instrument has become so powerful in our lives.  What better way to represent music than by imitating the sound of our own hearts.  It is a sound and an idea we can all relate to.  It is a beat we can all dance to.  In that way it brings us all together.

Author, Shelley Mantei

First Nations, Inuit, and Métis communities across Canada are continuing their efforts in
responding to COVID-19. They are joining ancient and contemporary practices to change the
course of history by surviving and thriving during the pandemic.

As of January 25, 2022, over 86% of individuals aged 12 and older in First Nations, Inuit and
territorial communities have received a second dose of COVID-19 vaccine. Over 43% of youth
aged 5 to 11 have received at least one dose.

Beyond the pandemic’s effect on health, there is often a crisis within the crisis as unequal
distribution of vaccines extends the pandemic further. This is not the case in Canada, where
Indigenous Peoples are included among priority groups receiving the vaccine. This serves as a
way of addressing historical inequities making Indigenous Peoples disproportionately more
vulnerable to viruses.

First Nations, Inuit and Métis have access to vaccines through many clinics across the country.
Plus, if First Nations peoples and Inuit need to travel out of their community to get to their
vaccination or booster appointment, the applicable travel costs will be covered by non-insured
health benefits.

While access to the vaccine is not a barrier, many Indigenous people are still experiencing
vaccine hesitancy most commonly due to confusion with conflicting information. The Circle of
Eagles Lodge Society has created culturally-relevant resources to fully enable individuals to
make informed decisions regarding COVID-19 vaccines.

“We are not here to judge anyone’s choices. We’re here to work with our Indigenous community
to help everyone make informed choices that are right for them,” said Merv Thomas, CEO of
Circle of Eagles Lodge Society.

Circle of Eagles Lodge Society (COELS) operates Indigenous halfway homes in Vancouver, BC
on the Coast Salish territory to assist Indigenous Brothers and Sisters leaving Canadian federal
institutions and those dislocated from society. For over 50 years, COELS has provided supports
to reintegrate them into communities by providing men’s and women’s residences, pre-
employment programming, cultural healing, and life skills.

Their COVID-19 decision-making resources range from education on variants, vaccine
comparison charts, a review of side effects and likelihood, to tips on how to audit trusted
sources to avoid misinformation.

“People can make informed choices about their health and well-being by asking questions,
participating in fireside chats and expressing their feelings about COVID-19 vaccinations, and
leveraging science-driven experts.”

Thomas cautions, “Listen to scientists not social media. Do your own research with trusted
sources and make informed choices that blend education along with lifeways, customs, and
spirituality driven by the ancestral force.”

Some of the best ways to identify trusted sources are to go beyond the headlines, identify the
author, check the date, examine the supporting evidence, check your biases and turn to fact-
checkers.Health experts say Indigenous communities in Canada can be at greater risk than other groups
during a pandemic. Canada wide, Indigenous communities are taking actions such as using
masks, physically distancing, and vaccination to protect their community, Elders and family.
Circle of Eagles Lodge Society resources are available at www.coels.ca/covid-19-2022

Last week we had the privilege of representing the Treaty 8 First Nations of Alberta in their intervention in the Beaver Lake advance costs appeal at the Supreme Court of Canada.  

As we outlined in our earlier post, Beaver Lake will clarify when and under what circumstances courts will require federal and provincial governments to provide funding to First Nations for litigation to protect and enforce their rights under section 35 of the Constitution Act, 1982.

Below is a summary of the points raised in our submissions at the Supreme Court. The full hearing can be viewed here. 
 

Submissions of the Treaty 8 First Nations of Alberta  

First Nations should not have to demonstrate exceptional financial hardship to qualify for advance costs for their publicly important section 35 litigation.  

• Advance costs orders benefit the public as a whole. They ensure that in exceptional cases, an applicant’s financial status will not prevent the court from determining an issue of national importance. 
   
• Advance costs are particularly important in the context of section 35 litigation, where the public has a recognized, vested interest in advancing the process of reconciliation.
   
• The fact that a First Nation chooses to allocate its limited funds to address the needs of its community – including for cultural survival and to fund basic services that most other Canadians take for granted – should not be used as a basis to disqualify the First Nation from advance costs for litigation to protect its section 35 rights.  
   
• If this approach was adopted, cases which raise issues of significant public importance would not proceed simply because the First Nation is unable to demonstrate an exceptional level of poverty.  
   
• The result would be that issues which go to the heart of section 35 and the objective of reconciliation would not be heard.
   
• This is not and should not be part of the test for advance costs.
   
• Instead, the Court should reaffirm the importance of advance costs for the determination of section 35 claims, and reject an approach which would require First Nations to choose between protecting their rights and meeting the needs of their communities.
   

Advance costs should support the resolution of section 35 claims through both negotiation and litigation. 

• Advance costs orders play a critical role in the resolution of section 35 claims by enabling First Nations to obtain guidance from the courts prior to and during negotiations regarding the interpretation of their section 35 rights, and to enforce their rights when and if negotiations fail.
   
• Courts have been clear that negotiation is the preferred means of resolving section 35 claims. 
   
• However, negotiated resolutions can only be achieved when both First Nations and the Crown have the opportunity to seek recourse to the courts to clarify and enforce their positions.
   
• This is because, as this Court recently recognized in R. v. Desautel, it is the duty of the courts to provide the “authoritative interpretation” of section 35. 
   
• Ultimately, reconciliation is achieved through good faith negotiations guided and reinforced by decisions of the courts. 
   
• Requiring a First Nation to exhaust all available funds in order to qualify for advance costs would unnecessarily hinder First Nations from obtaining guidance from the courts.
   
• It would also impair the courts’ ability to provide input on the nature and scope of Indigenous peoples’ rights and the Crown’s obligations under section 35.
   
• The financial means branch of the Okanagan test should be applied in a way that preserves First Nations’ ability to seek guidance from the courts on the interpretation of their section 35 rights, and in turn, supports the process of reconciliation through negotiated agreements between First Nations and the Crown. 

by Xavier Kataquapit 

www.underthenorthernsky.com

Finally Indigenous people all across Canada can feel some hope that Canadians and our governments are taking reconciliation seriously. The history and the proof of what colonization has done to my people all across this country has come to light and there can be no more ignoring the facts of so many horrific acts aimed at getting rid of the original inhabitants of this land. The time has come to deal with it all: the recent discoveries of hundreds of unmarked graves on former residential school sites, the realities of missing and murdered indigenous women and girls, the 60s scoop, residential school abuse history, ongoing systematic racism, failure to honour treaties and the deliberate impoverishment economically and spiritually of Native peoples.

    The National Day For Truth and Reconciliation which has been set aside as a federal statutory holiday by the federal government is a step in the right direction. The legislation to do this was unanimously supported by government in June of 2021. This day would never have happened if not for survivors like my own mother Susan and my father Marius and many, many other survivors who attested to the many wrongs and abuses aimed at assimilating Indigenous peoples and at the worst “getting rid of the Indian problem”.

    The declaration of this special day came out of the work of the Truth and Reconciliation Commission which created 94 calls to action in their final recommendation. The 80th call to action was aimed at the Canadian government along with Indigenous leaders to create a new statutory holiday in honour of the survivors and families of the residential school reality. Happily this has been done but there is a lot more work to do. Most of the remaining 93 calls to action have yet to be met. We still have a long way to go but getting clean drinking water in Indigenous communities and settling treaties would be a good move forward as soon as possible.

    For now we have a day where we can all reflect and discover just what colonization did to Indigenous people in this country. We can thank people like my late parents and thousands of other residential school survivors for sharing their tragic stories. 

    Truth and Reconciliation Day was born from Orange Shirt day which in turn originally came from the sharing of stories by survivors. In 2013 at the St. Joseph Mission Residential School Commemoration Project in Williams Lake British Columbia, survivor Phyllis Jack Webstad shared her residential school story. As a child she was taken from her parents and sent to residential school where she had her new orange shirt removed and never returned. Her little orange shirt had been a present from her grandmother. The memory and image of her childhood orange shirt became a symbol of the terrible history of the residential school era. The date of September 30 was selected as the original Orange Shirt Day because this was the time of year that Indigenous children across the country were forcibly taken from their families to attend residential schools. 

    Alberta, Quebec and Ontario will not recognize the holiday as statutory but the remaining provinces and territories are acknowledging the new holiday but at varying levels of acceptance. The reactions of provincial governments range from Nova Scotia giving recognition to the holiday to that of Saskatchewan which will not officially acknowledge it but instead see its major cities identify the new holiday. The mixed reactions shows that the country is still very much divided in how or if to acknowledge the darker parts of the nation’s history. 

    The fact is that there has been some progress in terms of reconciliation but indifference, racism and ignorance is till alive and well in Canada when it comes to Indigenous peoples. Let’s hope that we keep moving forward in good faith to honour the remaining 93 calls to action. 

    A wonderful start would be for all Canadians to take a little time on September 30 to discover what those calls to action are and why and how they came about. This trail is long and full of challenges but it is also one of hope, justice and healing. 

 www.underthenorthernsky.com