INAC must provide documentation of exclusive deal; must also prove Duty to Consult

Indian and Northern Affairs Canada (INAC) has been stopped in their tracks in their efforts to divert Aboriginal funds to favoured non-Aboriginal banking institutions – at least until they come up with proof that they fulfilled their Duty to Consult with First Nations Organizations.

Alan Park, Chief Executive Officer of TWCC, said the Order represents a major victory for TWCC and all 57 Aboriginal Financial Institutions (AFIs) operating in First Nations, Métis and Inuit communities across Canada.

“We are particularly gratified that the Court is demanding the government produce documents that show Aboriginal organizations were consulted. We believe this is required under Section 35 of the Constitution Act.”

This will be a sticking point for INAC as all indications are that no such consultations ever took place.

The Federal government (and other provincial governmental bodies) appear to demonstrate a standard policy of ignoring and/or consciously violating the “Duty to Consult” requirement. The most egregious transgressor of this policy is INAC, supposedly charged with facilitating federal aboriginal affairs, positioning itself as the agent most closely associated with opposing the social, cultural, and economic growth and independence of Canada’s First Peoples. By excluding Aboriginal Financial Institutions, INAC is saying that Aboriginals are indeed second class, that they must remain under the yoke of non-aboriginal domination. This is despite the fact that aboriginal economics is outstripping and out producing the mainstream marketplace.
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Vic Toews, who was President of the Treasury Board at the time of First Nations/Kapyong Barracks ruling, now hopes to redact history and falsely blame First Nations for the lack of progress on negotiations and development. In an effort to manipulate the social protest group, Raging Grannies, on June 21, 2010 (1) he deflects government responsibility by stating “Maybe the Raging Grannies should go talk to the lawyer for the First Nations,”

Even though The Raging Grannies don’t really have a dog in this hunt, the question of why the land continues to remain dormant does have merit – in regard to the rights of First Nations people.

“Highly respected judge Douglas Campbell, who has a solid track record of well-reasoned court rulings, completely rejected any and all arguments by the federal government that First Nations did not have entitlement and a right to be consulted concerning the development of the Kapyong Barracks.” (2)

Toews has now taken the opportunity to falsely target First Nations for the governments own delaying tactics, which can only foment a further increase in public anti-aboriginal sentiment. Using political smoke and mirrors he fails to be truthful and admit that he was actually the one blocking any efforts to bring the situation to the negotiation table.
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Pukatawagan, like many First Nation and aboriginal communities are slowly strengthening themselves in the face of withering conditions placed upon them by non-aboriginal governments and business organizations. But the obstacles are huge and entrenched by 300 years of government policy.

Just as in the Steinbeck novel “Grapes of Wrath” many reserves are operated as “company towns” with the residents limited to buying from non-aboriginal owned businesses effectively subsidized by the “company” – which in this case is the federal government. In the novel, the workers are required to buy all of their needs on credit at the company store. The company guarantees payment out of their salaries. The purchases are priced high enough that outstanding debt exceeds their salaries. In other words, ….

Stop me if you know where this is going.

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While still battling their way through the jungle of examinations, most university students are also looking ahead to summer or post-graduate employment. They are well aware of a need to manage finances for the summer and beyond. At The same time strong companies know that summer offers an opportunity to mine the employment market for bright new talent.

The ideal is a career-related position and those may not be that easy to come by. Aboriginal communities and companies are also aware that some of their best future talent will be available and this is a valuable opportunity to sample that resource pool.

Among the opportunities are companies such as Tribal Wi-Chi-Way-Win Capital Corporation (TWCC) whom each year also contributes to the other side of student financial equation. As in the past they are now currently seeking a summer student to fill their Golf Tournament Coordinator position. (See PDF: Golf Coordinator Closing Date: Friday April 30, 2010) Read more on this Article!

Tom Flanagan has discussed private land ownership on Treaty Lands (1). Ostensibly his ideas would “help cure the abject poverty that plagues First Nations” but these definitely need to be analysed in depth. This proposal comes from a man who in his previous book described aboriginal peoples as merely the “first immigrants” and as such do not have any more claim on the lands than those who subsequently came ashore 10,000 years later. (Ordinarily people lose the status of “immigrant” after one generation in a country but Flanagan uses a form of logic that is very selective – leaving aboriginal peoples without full resident status indefinitely). Keeping that in mind, taking his new proposal on aboriginal rights at face value requires some circumspection.

The proposal is a minefield for First Nations – and they know it. It is vital that treaty rights be honoured in whatever course of action taken in broadening ownership. There is no question that aboriginal peoples favour improved land use and development opportunities, including home ownership, as long as they remain within the domain of aboriginal peoples and preserve and extend treaty rights. The Flanagan proposal, applied blindly, could cause aboriginal peoples to potentially lose existing treaty and property rights by enabling non-aboriginal interests to gain control. The chiefs and aboriginal communities are aware of this and must handle the matter carefully. Read more on this Article!