Feds pressed to define ‘free, prior and informed consent’ in UNDRIP bill

Protesters block a rail line in Edmonton in solidarity with Wet’suwet’en hereditary chiefs, on Feb. 19, 2020. PHOTO BY DAVID BLOOM/POSTMEDIA NEWS

OTTAWA — Federal officials are facing calls for greater clarity on how a bill to harmonize Canada’s laws with the United Nations Declaration on the Rights of Indigenous Peoples could affect future development projects and government decisions.

Opposition MPs studying Bill C-15 are asking why the Liberals have not included a definition of a key article from the UN declaration that would compel Ottawa to obtain “free, prior and informed consent” from Indigenous Peoples on any decisions that affect their lands or rights.

Conservatives have raised concerns that this provision would give First Nations a “veto” over development projects, but Crown-Indigenous Relations Minister Carolyn Bennett says there is “complete consensus” from legal and Indigenous experts that this is not the case.

Pressed today on whether she would personally support a more definitive interpretation of “free, prior and informed consent” in the bill, Bennett says she would “worry” about this move.

Bennett says a consensus would be needed among Indigenous partners co-developing the bill with the government on how to define this consent provision — something that has not been reached to date.

She adds her government is listening to calls from a number of national Indigenous organizations looking for changes to strengthen the bill and ensure their existing land and treaty rights are not frozen or eroded by this new law.

This report by The Canadian Press was first published April 20, 2021.

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Kawartha Nishnawbe block reconstruction work on Burleigh Falls Dam

Burleigh Falls Dam is part of the Trent-Severn Waterway, now a national historic site operated by Parks Canada. The dam was originally constructed in 1912. (Dean Wood)

Group says barricades are over lack of consultation by Parks Canada

Members from an Ontario First Nation continue to block access to a dam reconstruction site because they say they were not properly consulted by Parks Canada.

Nodin Webb, leader and spokesperson for Kawartha Nishnawbe First Nation, said his community isn’t necessarily opposed to the work on the Burleigh Falls Dam, but Parks Canada should’ve involved them in the decision-making process.

Two barricades were erected last week that prevent access to the work site in Burleigh Falls, Ont., 130 kilometres northeast of Toronto.

“We’re out there defending the land until we can get confirmation from Parks Canada that there will be no further construction or demolition until they consult us, a procedure they are legally required to do,” he said.

The Kawartha Nishnawbe have vowed not to move until Parks Canada properly consults with them about the reconstruction. (Submitted by Amber Seager)

The Kawartha Nishnawbe created a community near Burleigh Falls in the early 1900s with five families from nearby Curve Lake First Nation who had lost their Indian status through enfranchisement.

The dam, which was originally constructed in 1912, is a part of the Trent-Severn Waterway, and is now a national historic site operated by Parks Canada.

The Parks Canada website indicates the dam is being fully rebuilt and construction is scheduled to be completed in the summer of 2024.

Indigenous Services Canada said in an email Kawartha Nishnawbe is not recognized as an Indian Act band.

The community’s lawyer, Christopher Reid disagrees and has been exchanging emails with Parks Canada and the federal government.

“They took away status from these people and forced them off reserves, forced them to establish a separate community on their own where they literally cleared the land, built their homes without any assistance and built their community.”

Public safety

David Britton, director of Ontario Waterways with Parks Canada, said in a statement Parks Canada has offered to meet with the Kawartha Nishnawbe on the Burleigh Falls Dam replacement project both in 2016 and more recently to understand their concerns regarding the potential impacts of the project.

Britton confirms Parks Canada has met with Curve Lake First Nation and other Williams Treaties First Nations on the first phase of the project and is working to develop fisheries monitoring and mitigation plans.

Zhaawnong Webb, Nodin Webb and Jack Hoggarth at the blockade near the Burleigh Falls Dam construction site. (Submitted by Amanda Seager)

He also explained that in its current condition, the dam poses a risk.

“A significant void at the base of the dam undermines the dam’s structural integrity, and is cause for concern regarding both public safety, and the protection of properties and species, including an important walleye fishery.”

Webb denied there have been any offers of consultation but in email correspondence provided to CBC by Reid, Parks Canada offered to meet and share its plans with the Kawartha Nishnawbe in three separate messages.

Reid indicated the level of consultation offered by Britton and Parks Canada is different than that received by Curve Lake First Nation.

He said in a statement, “offering to meet is not nearly the same thing as engaging in the kind of consultations which are legally required and which they held with communities which have much less connection to Burleigh Falls than Kawartha Nishnawbe.”

Emily Whetung, chief of Curve Lake, wrote in a statement, “We recognize that the complicated history of the Kawartha Nishinawbe, their relationship to the land at Burleigh Falls, and their assertion with the federal government, and we respect that they have an independent perspective.

“However, the Burleigh Dam is located within the recognized pre-Confederation and Williams Treaties Territory, and we feel a responsibility to protect the environment and species in the area as the reconstruction project moves forward.”

By: Sean Vanderklis, Rhiannon Johnson · CBC News · Posted: Jan 21, 2021.

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Alberta’s Bill 1 Is ‘Racially Targeted’: First Nations Leaders

Alberta Premier Jason Kenney, left, sits with Grand Chief Wilton Littlechild, centre, Grand Chief Arthur Noskey, right, during a meeting in Edmonton with First Nations leaders about increasing Indigenous participation in the economy on June 10, 2019.

The Critical Infrastructure Defence Act bans protests at pipelines, oilsands sites, and railways

First Nations leaders are outraged the Alberta government is rushing to pass Bill 1, which would outlaw protests and other disruptions to “critical infrastructure.”

Arthur Noskey, Grand Chief of the Treaty 8 First Nations of Alberta, said the Critical Infrastructure Defence Act violates Indigenous and treaty rights, calling it a “racialized bill,” and one that will aggravate tensions between police and Indigenous people.

“We knew this bill was enacted because of Wet’suwet’en protests,” said Noskey, referring to the First Nations-led demonstrations that lasted several weeks this year across Canada. The protests drew thousands of supporters, with some blocking highways and railway infrastructure in opposition to Coastal GasLink’s LNG pipeline slated to run through traditional Wet’suwet’en territory in B.C.

“The intent of this bill is racially targeted towards First Nation treaty partners in this country. With all of the racial tension happening today, the [United Conservative Party] government should realize this bill is not going to work,” said Noskey. “Under treaty, we have collective, inherent rights. When people come together to protest, it’s because of their collective rights.”

Hundreds of protesters occupy the Macmillan Yard in Vaughan, Ont. on Feb. 15, 2020 in solidarity with traditional Wet’suwet’en leaders opposed to an LNG pipeline through their territory.

The bill bans demonstrations at “critical infrastructure” areas, described as pipelines, oilsands sites, mining sites as well as utilities, streets, highways, railways, and telecom towers and equipment. Violators who protest, trespass, interfere with operations, or cause damage around that kind of infrastructure will face fines as high as $10,000 or six months in jail or both. Further offences will garner fines of up to $25,000 and jail time.

Bill 1 passed its third reading on May 28 and now awaits royal assent from the lieutenant-governor that would make it a law.

This is a desperate move by Premier Jason Kenney to save a “completely failing economy and energy system,” said Eriel Deranger, a member of the Athabasca Chipewyan First Nation in northern Alberta and executive director of Indigenous Climate Action.

“Bill 1 seems like it’s out of the same playbook as [U.S. President Donald] Trump. It’s fascist, anti-democratic, anti-civil rights and completely annihilates the rights of Indigenous communities,” she said.

“I think people will protest this bill given where we are in the world with the Black Lives Matter movement, and this bill has impacts across the nation. I hope the federal government intervenes and sees the true colours of this unconstitutional move by Alberta.”

Federal government says it remains committed to UNDRIP

The office of the Minister of Justice and Attorney General said in a statement to HuffPost Canada that it wouldn’t be “appropriate to speak to provincial legislation.”

“We remain fully committed to introducing legislation to implement the United Nations Declaration on the Rights of Indigenous People (UNDRIP) by the end of 2020,” it said.

One of UNDRIP’s authors, Cree lawyer, Indigenous rights expert, and former Alberta MP Wilton Littlechild said the declaration plays a crucial role in protecting and upholding Indigenous rights when it comes to Bill 1.

He says the bill is wide in scope and wonders if the Critical Infrastructure Act also applies on reserve and in traditional Indigenous territories.

“Utility lines, roads, railways, pipelines all go through reserves and nothing mentions this in the bill,” said Littlechild. “There’s no mention of us at all. It’s a complicated matter and we weren’t at the table for free, prior and informed consent on these serious issues.”

Jonah Mozeson, senior press secretary to the Alberta Justice Minister and Solicitor General, saidthe province ”will work collaboratively to ensure that input from Indigenous and Metis Albertans are heard and are scheduling additional outreach to receive additional feedback and discuss the concerns being raised.”

Alberta Regional Chief Marlene Poitras, left, stands with activist Greta Thunberg, centre, at a climate rally in Montreal in 2019.

But Assembly of First Nations Regional Chief of Alberta, Marlene Poitras, who has participated in countless demonstrationsf or Indigenous rights in Canada and around the world, said the discriminatory elements in government law-making has to stop.

“We have a human right to voice our concerns. In our case, we have a treaty right and that’s not being respected,” explained Poitras, who marched alongside Greta Thunberg in Montreal last fall to bring awareness to climate change.

“Our people are concerned about the environment. Alberta is deregulating everything and doing whatever it can to open it up for oil and gas development without consulting our people — but our people will respond.”

There’s no chance of reconciliation with the UCP government with this.Arthur Noskey, Grand Chief of the Treaty 8 First Nations of Alberta.

Noskey said he thinks Bill 1 further strains the relationship between police and Indigenous Peoples, mirroring an international narrative that’s dominating headlines. Protests have swelled in the U.S. and around the world against anti-Black racism and police brutality.

“Now, Alberta will be asking the peacekeeping police officers to arrest us. This is anti-racial law. So the racially motivated police in the force will say ‘I can do this’ (arrest and brutalize).”

Last week, his friend and colleague Chief Allan Adam of the Athabasca Chipewyan First Nation told a news conference that he was beaten and his wife “manhandled” during an arrest by RCMP in Fort McMurray. Alberta’s independent police watchdog is investigating the allegations.

Prime Minister Trudeau said he was “deeply alarmed” by the incident and vowed to “do more” to address systemic racism in policing.

As for reconciliation in Alberta, Noskey believes the move by Kenney to implement Bill 1 abolishes reconciliation.

“You’re going to criminalize the First Peoples of this land who agreed to share the lands with foreigners that came in. This impacts our way of life. There’s no chance of reconciliation with the UCP government with this.”

By Brandi Morin, On Assignment For HuffPost Canada

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COVID-19 outbreaks in 23 First Nations prompting concerns

OTTAWA — Federal officials say the next two weeks will be crucial in trying to determine the scope and severity of the spread of COVID-19 in First Nations communities.

Cases of the virus have begun to present within Indigenous communities across Canada, including the first case in Nunavut — something health officials have been bracing for with concern, given the many vulnerabilities that exist among Indigenous populations.

Dr. Tom Wong, chief medical officer of public health at Indigenous Services Canada, says it’s too early to determine the severity of these outbreaks and whether the situation will worsen.

He said health officials are closely monitoring the situations and have jumped into action where needed.

Indigenous Services Minister Marc Miller noted a particular concern over an outbreak in the Dene village of La Loche, about 600 kilometres northwest of Saskatoon.

Conservative MP Gary Vidal, who represents the northern Saskatchewan riding where the village is located, said his concern is personal.

“This is my hometown, this is my area. These are families and kids that I coached in hockey and they’re all friends and connections, so this has become very personal for me suddenly,” Vidal told Miller during a House of Commons committee meeting Friday.

He noted the outbreak includes the deaths of two elders living in a care facility and that there are now also active cases in the neighbouring First Nation communities of English River and Clearwater River Dene.

“It’s too late for reactive measures, now is the time for a major proactive response from (Indigenous Services Canada) in northern Saskatchewan. This has become a very dangerous situation,” Vidal said.

Miller acknowledged he is “very worried” about this outbreak, and that his department has been working with the province and the Northern Inter-Tribal Health Authority to ensure a co-ordinated effort. Health Canada is mobilizing testing capacity, planning to ship personal protective equipment and sending in additional health professionals and medical officers.

As of April 30, there were 131 active cases of COVID-19 in a total of 23 Indigenous communities across Canada, and federal officials are working closely with First Nations leaders, provinces and territories to help slow the spread of the virus.

Some of these outbreaks have been traced to workplaces. This includes an outbreak of COVID-19 at a meat-packing plant in Alberta, which has been identified as the source of new cases in the nearby Stoney Nakoda First Nation, west of Calgary, Wong said.

Health officials are once again stressing the importance of physical distancing and handwashing, and will be watching closely over the next two weeks in the hopes they see the current rise in cases on First Nations begin to curve downward, Wong said.

“What we are hoping to not see is an exponential increase. What we are hoping to see is a flattening of the curve,” he said.

Meanwhile, Miller says the $15 million in COVID-19 emergency funding earmarked to help organizations that service Indigenous urban populations is not “not enough.”

Miller told the committee Friday his department received far more applications to this fund than the 94 proposals that have been approved.

He is now working to secure additional funds to help the vulnerable populations that friendship centres and other urban Indigenous organizations work to support every day.

“I will acknowledge that it is not enough and we are working more to serve these people in very vulnerable situations, and that’s work we will continue to do,” Miller said.

Last month, the National Association of Friendship Centres said their facilities across the country have been on the front lines of the crisis and have been inundated with requests for help as their communities struggle to cope.

The centres have been struggling to function without additional funds from the federal government as they work to meet an increased demand in services, the association said.

Teresa Wright, The Canadian Press, published May 1, 2020.

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‘Our ancestors knew’: Maskwacis Cree enact Treaty 6 Medicine Chest clause over virus outbreak

First Nations enact ‘medicine clause’ to call state of emergency.

EDMONTON — Several Cree First Nations have jointly enacted Treaty 6’s Medicine Clause to call a state of emergency in response to the COVID-19 pandemic.

The chiefs of Ermineskin Cree Nation, Samson Cree Nation, Louis Bull Tribe and Montana Band met Sunday to make the “difficult decision.”

The leaders fear present issues of overcrowding, lack of health care capacity and proximity to Alberta’s largest cities and outbreak centres make their nations particularly vulnerable.

“If the virus were to get into the First Nations communities, it could be devastating,” Marlene Poitras, regional chief of the Assembly of First Nations, said Tuesday at a conference and gathering of the chiefs on Ermineskin First Nation.

“The Maskwacis declaration is unique in that it specifically references the Famine and Pestilence Clause in treaty. Our ancestors knew that these days were coming.”

The Medicine Chest clause is not present in the treaties signed before Treaty 6, according to The Canadian Encyclopedia. Its famine and pestilence clause grants Treaty 6 nations protection from those things.

The chiefs did not expand on what commitment they were looking for from the federal government.

“We’re hoping that the government does their part now,” Samson Cree Nation Chief Vernon Saddleback said.

“They’ve got to follow through and respect their part of the treaty.”

According to Alberta Health, one COVID-19 case has been confirmed in Wetaskiwin County, with which Treaty 6 territory overlaps.

Ermineskin Cree Nation activated its emergency operations centre on March 17, the same day the province of Alberta declared a public health emergency.

The nation has been limiting house service calls to top-priority calls and gatherings to 10 people or less, with physical distancing.

On Tuesday, the leaders pleaded for their youngest members to respect the precautions.

“Young people, you heard your leaders,” International Chief Wilton Littlechild said.

“Listen. Listen to their message that this is a very serious issue and you need to take care of yourself. Take good care of yourself.”

The office of the Confederacy of Treaty Six First Nations was also closed earlier in the month to ensure the safety of workers and minimize community transition, but has remained operational.

AFN Regional Chief Marlene Poitras joined the chiefs of Ermineskin Cree Nation, Samson Cree Nation, Louis Bull Tribe and Montana Band on March 24 to announce their enacting of Treaty 6’s Medicine Chest clause. (Source: Facebook / Ermineskin Cree Nation)

By: Alex Antoneshyn / CTV Edmonton, published March 24, 2020.

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