Defending the Land and Protecting the Water North of the Medicine Line By Russell Diabo Keeping the Homefires Burning 40 th Anniversary Event November 10, 2017 We-Ko-Pa Resort, Yavapai Nation
European Contact & Change
Early Peace & Friendship Treaties The Doctrine of Consent
War of 1812
FATHERS OF COLONIZATION First legislative Assembly July 1, 1867
Federal Powers Section 91 Public Debt and Property Regulation of Trade/Commerce Direct/Indirect Taxation Defence Navigation/Shipping Sea Coast and Inland Fisheries Ferries (interprovincial/ international) Currency, Banking /Incorporation of Banks/Paper Money Bankruptcy Patents, Copyrights Indians & lands reserved for the Indians Citizenship, Marriage/Divorce Criminal law, including Criminal Procedure
Provincial Powers Section 92 Direct Taxation within Province Management/Sale of Public Lands belonging to Province Prisons, Hospitals Municipalities Formalization of Marriage Property and Civil Rights Administration of Civil/Criminal Justice Education Incorporation of Companies Natural Resources Matters of a merely local or private nature
INDIAN ACT
1969 WHITE PAPER ON INDIAN POLICY
1969 White Paper Proposals Eliminate Indian Status. Dissolve the Department of Indian Affairs within 5 years. Abolish the Indian Act & remove section 91.24. Convert reserve land to private property that can be sold by the band or its members. Transfer responsibility for Indian Affairs from the federal government to the province and integrate these services into those provided to other Canadian citizens. Provide funding for economic development. Appoint a commissioner to address outstanding land claims and gradually terminate existing Treaties.
CONSTITUTION ACT 1982
Constitution Acts 1867-1982 Sec. 91.24 Sec. 35
Supreme Court of Canada: The Judges
Comprehensive Claims Settlements
Comprehensive Claims & Self-Government Negotiations
Prime Minister Justin Trudeau with Ministers of Indigenous-Crown Relations & Justice
Trudeau s Major 2015 Indigenous Platform Promises Nation-to-Nation Process National Reconciliation Framework Enact the 94 TRC recommendations, including adoption of UNDRIP. Recognize and respect Aboriginal title & rights in accordance with Canada s Constitutional obligations, and further those enshrined in UNDRIP.
Trudeau s Major 2015 Indigenous Platform Promises Undertake a full review of regulatory law, policies, and operational practices, in full partnership and consultation with First Nations to ensure that the Crown is fully executing its consultation, accommodation, and consent obligations, including on resource development and energy infrastructure project reviews and assessments, in accordance with our constitutional and international human rights obligations.
United Nations Declaration on the Rights of Indigenous Peoples
Selected Articles of UNDRIP Article 3 Right to Self-Determination. Article 10 No forced removal w/o FPIC. Article 19 FPIC required before legislation/administration measures. Article 26 Rights to lands, territories, resources. Article 27 Fair process jointly developed to adjudicate rights to lands, territories, resources. Article 32 FPIC required for and development affecting lands, territories, resources. Article 37 Rights from Treaties, agreements, constructive arrangements.
AFN-Canada Memorandum of Understanding on Joint Priorities
Federal Review of Environmental & Regulatory Processes Environmental Assessment Processes CEAA 2012 Fish Habitat Protection Fisheries Act National Energy Board Modernization - Structure, Role, Mandate Navigation [Waters] Protection Act
2017-11-07 INET 25
International Trade Agreements EXISTING: World Trade Organization (WTO) North America Free Trade Agreement (NAFTA) PROPOSED Trans-Pacific Partnership (TPP) Bilateral Trade Agreements 2017-11-07 INET 26
Trans-Pacific Partnership 2017-11-07 INET 27
Purpose of Trade Agreements Give access and benefits to our land to the international corporation Sacrifice State sovereignty to corporate power Make Indigenous rights subject to international trade agreements What can we do? No more free trade with indigenous lands and resources. 2017-11-07 INET 28
Economic Leverage Aboriginal & Treaty Rights Corporate Rights 2017-11-07 INET 29
Jim Carr, Federal Minister of Natural Resources Threatens Force on Pipelines If people choose for their own reasons not to be peaceful, then the government of Canada, through its defence forces, through its police forces, will ensure that people will be kept safe, We have a history of peaceful dialogue and dissent in Canada. I m certainly hopeful that that tradition will continue. If people determine for their own reasons that that s not the path they want to follow, then we live under the rule of law. Dec. 1, 2016
Anti-Terrorism Act 2015 (New Bill C-59) 2. activity that undermines the security of Canada means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada: (f) interference with critical infrastructure; For greater certainty, it does not include [peaceful] advocacy, protest, dissent and artistic expression.
Previous Security-Intelligence Operations on Indigenous Peoples Federal Hot-Spot Monitoring (2006-?) Aboriginal Joint Intelligence Group G7-G20. (2010) Project SITKA. Written in early 2015, the report says Project SITKA was designed by the RCMP to focus on providing a snapshot of individual threats associated with Aboriginal public order events for the year 2014 as well as map out the potential networks among Native groups, identify protesters and events they attended. The espionage network includes the RCMP, the Canadian Security Intelligence Service (CSIS), along with the National Energy Board (NEB), Canada Border Services Agency (CBSA) and departments of Public Safety, Natural Resources, Transport, Indigenous Affairs and Defence. It also involves provincial police, such as the Sûreté du Québec and Ontario Provincial Police (OPP), as well as some municipal police forces.
Conclusion Trudeau government is developing a Canadian Definition of UNDRIP to recolonize Indigenous Peoples with racist, colonial laws and termination policies. Trade Agreements like NAFTA will impact on Indigenous Inherent, Aboriginal & Treaty Rights because of federal interpretations of the constitution. Trudeau government hasn t mentioned lands, territories & resources, federal land claims & self-government policies are written to help the provinces clear Aboriginal Title and place Federal & Provincial jurisdiction over Indigenous Peoples. Indigenous Land Defenders & Water Protectors not only have the burden of proof on them, but section 35 Aboriginal & Treaty rights can be justifiably infringed for development deemed a priority by the Crown, such as Site C Dam in BC and the Kinder-Morgan Pipeline. Past experience shows Security & Intelligence Agencies are Monitoring & Developing Individual Profiles for Future Action.