Aboriginal People’s
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Are Aboriginal People Pro Development or Pro Conservation?
Wednesday, November 30th, 2011Are Aboriginal People pro-development or pro-conservation? I’m often asked this question in my workshops. My answer is, “It depends.” There are two consideration that come into play in evaluating a communities views on development or conservation – belief structures and socioeconomic conditions.
To begin this discussion one must consider the history of Aboriginal communities in North America. Many scholars, until recently, believed that the Aboriginal Peoples who populated North America did so by way of a land bridge that stretched across the Bearing Sea. The land bridge theory considers a single wave of migration from Asia at the end of the last ice age as being responsible for the population of North and South America. Mention the land bridge theory to Aboriginal communities and ask them if they crossed a land bridge and their response would likely be, “No.” Aboriginal communities generally believe that they came to these lands through creation not a land bridge. This belief is supported by their respective first ancestor stories or creation stories.
Creation is an important belief in trying to determine if an Aboriginal community is pro-development or pro-conservation. From the point of view of creation, Aboriginal communities were given lands by the Creator. These lands were to be used and protected for the Aboriginal communities benefit and are required for their long term cultural survival for the next 10,000 years and beyond. It is this ability for cultural and individual survival that Aboriginal communities use as their measure of sustainability in an ideal world and suggests a pro-conservation belief.
Unfortunately, it is not an ideal world. A look at current socioeconomic conditions in Aboriginal communities is the second consideration to explore. What are the key indicators of a community showing? Is there high or low unemployment? Are there high rates of suicide and violence because of a lack of economic opportunities? What health issues is the Aboriginal community facing? If a community is wrestling with poor socioeconomic conditions, and many, but not all are, they may be more inclined to address short term socioeconomic issues through natural resource development. Put another way, the need to survive culturally in the short term can push Aboriginal communities to be more pro-development. It is not development at any cost though. Aboriginal communities will still weigh their development decisions against long term cultural survival.
First Anniversay of United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Wednesday, November 16th, 2011
Two key articles contained in the Declaration are 18 & 19 which provide in part the right of Indigenous people to participate in decision-making matters that affect their rights and for state to consult and cooperate in good faith with Indigenous people to obtain free, prior and informed consent.
Craig Benjamin, a human rights advocate and representative of Amnesty International, was in Williams Lake last week to participate in a discussion about the Prosperity Mine project located close to Williams Lake. Benjamin was concerned that Canadian governments act as though Aboriginal rights and title doesn’t exist until forced by court judgments or a treaty settlement. This is despite constitutional recognition of aboriginal rights and title in the Canadian Constitution.
“While the case is still in the courts the federal and provincial governments feel they have no need to protect Aboriginal rights to land,” Benjamin said. “It’s business as usual like the right hasn’t been established and therefore they (government) do not need to act to protect that right.”
There remains no incentive for governments or businesses to undertake meaningful consultation in Canada until required. Until government and businesses see that building relationship through consultation and accommodation works to secure everyone’s interests there will remain uncertain economic consequences.
AFN National Chief Shawn Atleo, marked the anniversary by stating, “The UN Declaration compels both states and Indigenous peoples to work together in mutual partnership and respect.” “This creates a new context and the opportunity and conditions for First Nations Peoples in this country to realize their full potential in all areas including education, health and the economy.”
In marking the anniversary the Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development, issued the following statement: “… Canada is strongly committed to furthering a positive relationship with First Nations, Inuit, and Metis people based on our shared history, respect and desire to focus on delivering tangible results.”
Let’s work together so that the future continues to take steps to building successful economic relationships.
Halalt triumphs in Court of Appeal – Aboriginal Rights to Drinking Water
Saturday, October 15th, 2011This pdf provides some background on the water from wells issue between the District of North Cowichan and Halalt First Nation. The main legal issues are Aboriginal Rights, Title and Aboriginal consultation and more specifically the aboriginal right to drinking water. Click on the link below to learn more.
Smart Meters Well Received on First Nations Reserves
Monday, October 10th, 2011The installation of smart meters in First Nations communities throughout the province is progressing rapidly with nearly 1,300 smart meters installed on homes on 11 reserves as of September 22. Another 4,300 smart meters are being planned for installation on First Nations homes on 41 reserves in October.
“It’s been very well received. First Nations believe in conservation and the reception to the Smart Metering Program has been quite good virtually across the board,” said Darrell Mounsey, Aboriginal Smart Metering Program Lead.
Of the installations to date, almost half, 632, have been on homes on the Tzeachten (Chak-tum) First Nation reserve and another 382 have been on the Skowkale (Skow-kale) First Nation reserve, both near Chilliwack. Almost 120 smart meters have already been installed in homes on three First Nation reserves in the north: Lheidli T’enneh (Klate-lee-Ten-eh) 42 homes, near Prince George, Nadleh Whut’en (Nad-lay-woten) 11 homes, and Stellat’en (Stell-at-in) 66 homes, both near Fraser Lake.
“Roughly four per cent of all First Nations homes in British Columbia have smart meters,” said Darrell.
Besides conservation, Darrell said the automatic detection of power outages is another appealing feature of smart meters to many First Nations households.
“A lot of First Nations are located in rural areas. Their lifeblood is their freezer for storing game and other food and if there’s an extended outage they could lose thousands of dollars in supplies. So automatic outage detection means they could get their freezer working again that much faster,” said Darrell, who is also a member of the Secwepemc (She-whep-m) from the Simpcw Nation.
Prior to the installations, BC Hydro hosted Smart Meter First Nation Liaison Training sessions in three communities, Chilliwack, Prince George and Victoria, with at least 15 more regional training sessions planned.
Following completion of the training program, the First Nations liaisons accompany the Corix installers during the on-reserve installations where they can answer basic smart meter questions and support Elders and other Band members if they need help to re-set electric appliances and radio clocks, etc.
Above: Corix installer Rob Pepin and Nadleh Whuten First Nation Community Liaison Eleanor Lowe, prepare to install a smart meter on a home.
“There are 177 First Nation communities that are BC Hydro customers and we’re providing training for a liaison in every community for the installs,” said Darrell.
Some prominent First Nations leaders have indicated their support for BC Hydro’s Smart Metering Program.
“With development in our community, we are looking at innovative ways to support new technology, improving efficiency and reducing waste, while maintaining safety and service for our people. The Tk’emlúps Indian Band looks forward to the installation of smart meters,” said Chief Shane Gottfriedson from Tk’emlúps (Kamloops) Indian Band.
“Smart meters will provide faster outage notification and repair times, which will reduce inconvenience to First Nations community members and band operations. The smart meters will also provide enhanced energy consumption data that can develop higher levels of awareness on the part of First Nations Hydro consumers that could, in turn, lead to more efficient use of electrical devices in and around their homes,” said Chief Nathan Matthew from Simpcw First Nation in Barriere.
Upgrading to a smart metering system is a key first step in modernizing BC Hydro’s overall electricity system. By providing more measurement points throughout the electricity system and the ability to measure electricity to and from customer homes and businesses, a more modern grid will enable the large-scale accommodation of electric vehicles, customer generation and microgrids, which will help communities throughout British Columbia become more self sufficient.
Secret of rare ‘spirit bear’ revealed by First Nation community
Thursday, September 15th, 2011Published 15 September, 2011 11:10:00 Living on Earth
Hidden amidst the Great Bear Rainforest of western Canada lives one of Mother Nature’s best kept secrets: the spirit bear.
Known also as the Kermode bear, this rare subspecies of American black bear is found only in British Columbia, where about 500 specimens live among the coastal islands. Having lived virtually undisturbed in the largest stretch pristine rainforest in the world, the spirit bear and its habitat are now threatened by the Northern Gateway tar sands pipeline project.
The proposed pipeline will stretch 700 miles across western Canada from Alberta to a port on the coast of British Columbia, where the refined oil would then be shipped to China and Japan, and perhaps California. The port would be built right in the heart of the Great Bear Rainforest.
Spirit bear advocates and residents of the area “aren’t so much worried about the pipeline, but their major concern has to do more with the oil tankers that would be winding their way through these islands at a rate of about 250 per year,” said Bruce Barcott, a journalist who wrote a story about the spirit bear and its plight for the August issue of National Geographic.
“Some of the tankers that would go through that area are about as long as the Empire State Building is tall,” Barcott said. The tight passageways between the islands that make up the Great Bear Rainforest paired with the high density traffic make the area ripe for a disaster on the level of the Exxon Valdez oil spill.
Most of the residents of Great Bear are First Nation peoples who gain most of their sustenance off the coastal waters: from seaweed to migrating salmon to herring spawn. The First Nation suffers from nearly 90 percent unemployment, and although bringing the oil trade to this region could boost the local economy, the First Nation residents of Great Bear are still against the pipeline. Full Story
The Métis Nation – Saskatchewan congratulates Audrey Poitras on her historic sixth victory as President of the Métis Nation of Alberta
Friday, September 9th, 2011September 7, 2011
Nowhere in the annals of Métis history has a Métis woman won 6 consecutive terms. As such, President Poitras is a trail blazer for Métis women and for Métis citizens in general.
President Robert Doucette, stated that “It has been my honor to work with such a distinguished Métis leader over the years as President Poitras has consistently provided great advice, strong leadership and a stable Métis government that citizens in Alberta and Canada in general look to with admiration and respect.
I also want to congratulate the other Métis citizens who took the time to run for regional positions and were successful. We look forward to working with all Métis leaders in Alberta with the goal of advancing the position of Métis people in the larger society.
Again, congratulations to President Poitras on her record breaking sixth term and the new Métis Nation of Alberta leadership. God bless you and your families.
If you have any questions regarding this news release please call Fiji Robinson at (306) 343-8285.
Inuit to Gather on Parliament Hill to Mark World Suicide Prevention Day
Friday, September 9th, 2011Media Release
Media are invited to join the Inuit community and friends for an “Inuit Embrace Life” event to mark World Suicide Prevention Day.
Jennifer Watkins, President of the National Inuit Youth Council (NIYC) will lead the event, along with National Aboriginal Role Models Martin Lougheed and Heidi Langill
Mary Simon, President of Inuit Tapiriit Kanatami, is scheduled to speak and Inuit songstress Susan Aglukark will perform, as well as Inuit throat singers.
Date: Friday September 9, 2011
Time: 12:15 – 1:30 p.m.
Location: Parliament Hill Lawn by the Centennial Flame
Contact: Stephen Hendrie, Director of Communications
Tel: 613.277.3178, hendrie[at]itk.ca
British Columbia: Lake Babine First Nation Revives Fishery Taken From Them In 1906
Wednesday, August 31st, 2011Saturday, 27 August 2011
Yesterday’s opening of a smokehouse in the community of Tachet on the shores of Babine Lake marks the revival of a salmon fishery taken from the Lake Babine Nation over a century ago.
For thousands of years, the Lake Babine people operated traditional salmon weirs on Babine Lake and the Babine River, harvesting in excess of 750,000 sockeye a year. But in 1906, the Canadian government banned their traditional fishery, devastating an entire way of life.
Now, the Lake Babine Nation has re-established its traditional fishery in cooperation with Fisheries and Oceans Canada and regional conservation organizations.
“These fisheries are very important to the Lake Babine people who suffer from high unemployment and poverty,” explained Lake Babine Nation’s fisheries manager Donna Macintyre. “Some of the participants live on less than $200 per month, so this income is a major boost to their ability to support themselves and their families.”
“Hearing fishers singing traditional Carrier songs with huge smiles on their face really says it all,” she added.
More than 60 people are now employed to selectively harvest salmon from the Fulton River using beach seines. A second fishery located on the Babine River near the community of Fort Babine is employing an additional 20 people. This fishery uses the DFO salmon counting fence, which was constructed in 1946 at the same site Lake Babine Nation’s largest traditional K’oonze (the Carrier word for weir) once stood.
“This is such a great news story for the Lake Babine Nation. Not only are they bringing significant benefits to their communities, but they are showing the world that these fisheries are sustainable and economically viable,” said Greg Knox, executive director of SkeenaWild Conservation Trust. “Their location and harvesting techniques allow these fisheries to intercept strong runs while allowing smaller, weaker populations to reach their spawning areas. They are some of the most sustainable salmon fisheries in the world.”
Yesterday, a celebration is took place in Spirit Square in the community of Tachet to officially open the community’s new smoke house, gathering site, and campground. Funds for this project came from LBN’s Forestry Department’s Economic Initiatives. “Harvesting natural renewable resources economically and for sustenance is critical to the health of the Nation,” explained Chief Wilf Adam. “This project provides an important opportunity to express our aboriginal right to commercially sell our salmon, and bring benefits back to our communities”.
“We are hoping to start using profits from our fisheries to build more infrastructure in our communities, which have struggled for a long time” said Donna Macintyre.
The smoke house will provide a facility for everyone in the community to smoke their own fish, and will provide food for elders and community members who do not have access to fish and smoking facilities. The campground will provide revenue to the community from tourists and fishermen who frequent the area during summer.
The fisheries also have the potential to add value to the fish being caught. Often overlooked in the past, salmon caught near their spawning areas are leaner, making them suitable for unique products. The Lake Babine Nations is currently working with Vancouver-based Raincoast Trading to develop new product forms and markets, and is looking to expand future operations to include on-site processing of salmon roe products for the caviar market in Japan and Europe.
It’s Not Just Culture. It’s a Constitutionally Protected Right
Sunday, July 31st, 2011This article was originally published in BC Forest Professional in the September – October 2010 edition.
The landscape for the average forestry professional has changed dramatically in the last few decades with respect to regulation. As we have moved from the pioneer days of no to low regulation to today with more regulation than ever one of the primary issues influencing forestry regulation today, along with environmental protection, are Aboriginal issues like land claims and self government.
We have seen everything from blockades, negative media campaigns, and legal action all which have far reaching consequences for the forestry industry. Part of the response from government has been to introduce or change regulation designed to address Aboriginal Peoples and their cultures.
Before discussing balancing regulation with culture I think it is important to know what culture is. The Merrium-Webster dictionary describes part of the definition of culture as “the integrated pattern of human knowledge, belief, and behavior that depends upon the capacity for learning and transmitting knowledge to succeeding generations and the customary beliefs, social forms, and material traits of a racial, religious, or social group.”
The problem with this definition of culture is that comes across as non threatening concept. It makes people think that culture is language, dancing, and crafts. One might think, ” Why should I, or the government for that matter, be worried about culture? We live in a society that allows people to be who they are by providing freedom of religion and all manner of other freedoms.”
This in turn can make forestry consultants think, “It will be easy to balance their culture with regulation and the regulators will be happy with me. I will get my permit and things will proceed as planned.” However, this is not the case and is a total underestimation of what we are actually dealing with.
To get to the root of what we are dealing with we need an equation. Culture equals something? Culture in the case of Aboriginal Peoples equals constitutionally protected legal rights. These legal rights are the leverage that Aboriginal Peoples have to protect their cultures. Below is Section 35 of the Constitution of Canada. Be sure to pay particular attention to section 35(1).
RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
Recognition of existing aboriginal and treaty rights
35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
Definition of “aboriginal peoples of Canada”
35. (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
Land claims agreements
35. (3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
Aboriginal and treaty rights are guaranteed equally to both sexes
35. (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.(96)
There is a lot of meaty stuff in section 35, but from the perspective of regulation and culture section 35(1) says it all. It states that the existing aboriginal and treaty rights of the aboriginal peoples in Canada are recognized and affirmed.
What does this mean? It means that, from a federal and provincial government perspective, governments have to recognize and affirm rights and not take them away through regulation or subsequent activity or activities. There is a legal principle from the Sparrow decision (R. v Sparrow, [1990] S.C.R. 1075) that states that any proposed government regulation that infringes on the exercise of Aboriginal rights must be constitutionally justified.
Further, the Delgamuukw and Gisdaway Supreme Court decision of December 1997 stated that Aboriginal Title and rights exist and governments must design regulations to avoid infringing on constitutionally protected rights. Keep in mind that from the courts perspective the discussion about whether Aboriginal rights exist is closed. The Supreme Court of Canada has required the government to shift their focus to a process of defining those existing Aboriginal and treaty rights through regulation, consultation, or treaty and reconciliation negotiations.
It follows then that Aboriginal Peoples for the most part look at the world through section 35 glasses and ask themselves a simple question. Does this regulation and subsequent activity, forestry, for example, infringe on the exercise of our constitutionally protect rights? If the regulation or subsequent activity does infringe then they have legal remedy not available to other peoples or their cultures.
One potential remedy is to go to court and seek judicial reviews challenging permits usually on the basis of lack of consultation. Such judicial reviews can tie projects up for lengthy periods of time incurring huge project delay costs as well as associated legal fees.
What then can you do to balance culture with regulation? Change the focus from culture to constitutionally protected legal rights and do whatever it takes to avoid infringing on constitutionally protected rights. The key is to work effectively with Aboriginal Peoples early and often, avoid infringing, seek accommodation and don’t assume that by simply fulfilling legal and regulatory requirements that projects will proceed as you wish. Lots have tried this approach and many have failed.
Robert PC Joseph is the President of Indigenous Corporate Training Inc. an Aboriginal company committed to providing training geared specifically at helping individuals and organizations to work effectively with Indigenous Peoples. www.ictinc.ca
