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Association of Iroquois
and Allied Indians

First Nations of Treaty

Independent First Nations
Nishnawbe-Aski Nation
Political Confederacy
Union of Ontario Indians

Sept. 24, 2003

UPDATE ON THE FEDERAL SUITE OF LEGISLATION CONCERNING FIRST NATIONS
 
 

LIBERALS IGNORE FIRST NATIONS OPPOSITION TO BILL C-19
COMMITTEE SENDS BILL BACK TO HOUSE OF COMMONS WITH LITTLE DEBATE

HOUSE OF COMMONS TO BEGIN C-19 DEBATE OCTOBER 6
 
 
A tense and dramatic situation erupted early Sept. 21, 2003 on Parliament Hill as First Nations’ elected representatives demanded accountability from the Standing Committee on Aboriginal Affairs. The Liberal Chair of the Committee, Nickel Belt’s Ray Bonin, responded by ejecting the five elected leaders who dared to demand transparency and explanations from Members of Parliament for the Committee’s ramming of Bill C-19 through with little or no debate. Security guards were called to escort Roberta Jamieson, Chief of the Six Nations of the Grand River, out of the room and out of the building. Bryan Laforme, Chief of the Mississaugas of the New Credit, also asked for clarification and was tossed out. Dave General, Councillor for Six Nations, interjected with a similar request and was required to leave. Assembly of First Nations Vice Chief for Manitoba, Francis Flett, demanded to know where the Liberals got the right to unilaterally amend and abrogate the Treaties through this legislation. He was forced out too. An Elder and Councillor for Six Nations voiced his concern and was ejected as well.

The five leaders could not sit silent and watch the corruption of democracy happening before their eyes. The two experienced opposition MPs who put up a valiant fight against the despised First Nations Governance Act (FNGA), the NDP’s Pat Martin and the Bloc Quebecois’ Yvan Loubier, were not present that morning to demand answers. The Liberals took advantage of the situation and quickly voted on groups of clauses until none remained and then passed mostly cosmetic amendments. A non-derogation clause, one that says the bill is not intended to harm Aboriginal or Treaty rights, was added.

The expressions of congratulations exchanged between Liberal MPs, paid staff members of the fiscal institutions and Department of Indian Affairs officials stood in marked contrast to the looks of anger and disgust of the remaining observers who supported their leaders for speaking out. Chair Bonin told Jamieson “you want to be kicked out, don’t you.” She responded, “No- I just want answers to what you are doing here, taking advantage of inexperienced and missing opposition members to ram this through with no debate and little regard for our rights and positions.” The people lobbying for the Bill’s passage are in a conflict of interest because they are paid staff of the fiscal institutions lobbying for the legislative protection of their jobs. One institution alone received $2.5 million from Government funds to lobby in support of the Bill.

The next step for Bill C-19 is consideration by the House of Commons at report stage and then third reading. The Government has signaled that C-19 debate will start Oct. 6 and 7. If it passes the House of Commons, it then goes to the Senate for a similar process of three readings. The Senate usually asks one of its committees to hold hearings on bills, similar to the process used by its House of Commons counterpart. But rumours are circulating on the Hill that with time running out on the legislative agenda, the Liberal Government may ask Senators to skip the Committee part of the process altogether. Best estimates are that Parliament will prorogue, meaning it will stop operating for a while and wipe the slate of business clean, on Nov. 7. That gives plenty of time for the Government to continue ignoring our positions and rights and to pass C-19. By placing it on the list of upcoming bills to be debated, it is signaling that it is full steam ahead and damn the consequences.

A few Chiefs, mostly from Ontario and led by Six Nations have been maintaining a presence on the Hill to signal determined opposition to Bill C-19 and Robert Nault’s suite of legislation. More Chiefs are required in Ottawa to share the considerable effort and resource it takes to keep a daily presence on the Hill. Chiefs are encouraged to contact the Chiefs of Ontario office to indicate a two-day period between now and Nov. 6 that they would be available to lobby n Ottawa. A reasonable scenario is to have 2 to 4 Chiefs in Ottawa on any given day. The first group would arrive Sunday evening and lobby for two days and leave for home on Tuesday evening. The second group would arrive Tuesday evening and lobby two days and return home Thursday evening. The COO office can coordinate a schedule to ensure we do not have too many Chiefs in Ottawa on any given day and no Chiefs on other days. Fridays are slow days on the Hill, although there can be an occasional need to have people in Ottawa lobbying.

Bill C-19 is as objectionable and damaging to Aboriginal and Treaty rights, as is C-7/FNGA. It offloads Federal responsibility for funding programs, services and infrastructure onto First Nations. It pushes First Nations to adopt taxation. It treats First Nations as municipalities and the government retains control over most decisions. Its fiscal institutions take authority away from First Nations. The fiscal institutions signal the return of the Indian agent. First Nations can set up their own institutions based on their own authority and without this legislation.

The other Bills in the suite are not forgotten. Bill C-6, the Specific Claims Resolution Act, is undergoing almost daily debate in the Senate. A few Senators are stubbornly championing the call for C-6’s withdrawal. Their resolve is boosted by the daily presence of First Nations representatives in the Senate public gallery. The Government has arrogantly scheduled C-6 to return to the House of Commons on Oct. 10 for debate on Senate amendments expected to be made.

Bill C-7 remains ready for debate on a report from Committee with amendments. Many observers speculate C-7 is finished. However, it is not dead, only dormant.

We cannot and must not let our guard down. We did much good work together last spring, winter and fall to delay C-7. But our job is not complete until Parliament prorogues or the government withdraws the suite of bills. Please call the Chiefs of Ontario office to schedule your tour of duty in Ottawa. Keep sending the faxes, letters and emails to Paul Martin, other MPs and Senators.


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