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January 9, 2003
Newsletter on First Nations Governace Act / Bill C-7
Winter 2003 – Issue I
 
This newsletter is available for download in Word and PDF format.
 
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Greetings from Ontario Regional Chief Charles D. Fox

My best wishes to you in 2003. May you be surrounded with all the Blessings of Wellness, Happiness and Good Health from our Creator.The Chiefs of Ontario want to keep you informed. This is the first of our series of Newsletters that we will be publishing in the coming months. The next few weeks will be crucial as we move forward to mobilize ourselves to implement the newly revised National Action Plan that is now ‘the Action Plan on the Proactive Strategy on the INAC Suite of Legislation’. Please feel free to copy and distribute this newsletter to our First Nations members and non-members alike. It is important to educate and keep our people informed of issues, especially when it concerns our Inherent and Treaty Rights.There is a big challenge ahead of us within the coming months. We must continue to work together in the united front for the mutual benefit of our people we serve.

MEEGWETCH
 
Opposition Against FNGA Hard Lined During AFN Confederacy

The vast majority of First Nations in Ontario remain firmly opposed to the FNGA as outlined in Resolution 02/06 – Bill C-61: Ontario First Nations Position. It was further reinforced at the AFN Confederacy of Nations held in Ottawa from December 10-12, 2002. AFN Resolution 35/2002 was unanimously carried making another urgent call for a proactive strategy against the INAC Suite of Legislation including Bill C-6 and Bill C-19.

The AFN Proactive Strategy contains two major objectives. First, to call on the Federal Government to withdraw the suite of legislation and pursue our own alternatives according to the recommendations made in the 1983 Penner Report, 1996 RCAP Report and current case laws including Delgamuukw and Marshall Decisions. Secondly, the AFN is mandated to immediately create a Command Control Centre (CCC) in Ottawa to coordinate opposition to and withdrawal of the suite of legislation. Overall, the intent is to defend, protect and advance the inherent right of all First Nations members in Canada. 		 
  Strength in Numbers - Gathering of Drums Rally Against the FNGA, August 19, 2002, drew in close to four thousand First Nation members. Rally took place in the home riding of Minister of Indian Affairs Robert Nault. Despite an advance formal invitation, the Minister did not attend.
 
Reject INAC’s $5,000 Offer for Information Sessions on FNGA

To maintain consistency in our opposition to the FNGA and to prevent any compromise of our rights, First Nations and organizations are encouraged to reject INAC’s offer to hold Information Sessions on the FNGA.In a letter dated October 8, 2002 to all Chiefs from the A/Regional Director, the department offers $5000 to First Nations who would like to hold information sessions on the FNGA/Bill C-7. The Bill focuses mainly on leadership selection, administration of government and financial management and accountability. The department states these sessions are not for consultation, political debate or legal discussion. However, First Nations are cautioned. The Information sessions may be used by the department to validate the already fundamentally flawed consultation process conducted in Phase I.
 
Current Status of Bill C-7 / FNGA

The First Nations Governance Act / Bill C-7 was re-tabled in the House of Commons on October 9, 2002 for the first reading in the House of Commons. Bill C-7 was then referred to the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources (SCAA). This is according to the INAC Plan, the second consultation phase for the FNGA. The Committee will hold hearings in Ottawa starting January 27 to February 14, 2003. Hearings will also be held in different parts of the country from February 17 to March 28, 2003. The Committee will then refer the Bill back to the House of Commons for combined report and Second Reading Stages possibly in April 2003. Presumably amendments to the FNGA recommended during the hearings will be considered in the combined report. Based on other legislative experiences very little or any changes have been made during the Committee phases. The Phase 3 consultation will be held when regulations are developed after the bill becomes law.
 
Increased Opposition Activity on Bill C-7 is Critical: Action is NOW

Given the federal governments plan to use their majority to ram legislation affecting First Nations, we must move forward with our opposition to Bill C-7 and implement the Proactive Strategy on the INAC Suite of Legislation. We must all call for financial and political accountability of the federal government regarding the ministerial misuse of power with funding, interference with First Nations governments and processes. The contravention of our democratic and human rights must be communicated to appropriate venues, within and outside Canada.
 
COO Participation in the SCAA Hearings

By letter, COO has encouraged the Committee to conduct hearings in the First Nations Communities. However, this request should in no way be construed as a validation of the fundamentally flawed process and content of the FNGA that the government plans to unilaterally impose on First Nations. COO will not propose amendments to Bill C-7 because it is too flawed to amend. Rather, we will take this opportunity to convey a positive message that there is a better way of doing business with First Nations through meaningful and genuine partnership rather than continued colonial, paternalistic and unilateral means.
 

Background on Ontario Position The Chiefs of Ontario position on the First Nations Governance Initiative is outlined in Resolution 02/06 – Bill C-61: Ontario First Nations Position

  • To condemn the Bill as a violation of our inherent right to self-government
  • To explore every avenue, step and action to ensure First Nation voices of opposition are heard
  • To call upon the Government of Canada for a respectful bilateral process on rights and issues based on the principles of the Royal Commission on Aboriginal Peoples Report
  • To oppose the bill in the strongest possible terms based on the National Action Plan
  • To oppose the Bill through the Standing Committee on Aboriginal Affairs and by means of appropriate court action, preferably in coordination with the Assembly of First Nations
 
STANDING COMMITTEE HEARINGS ON BILL C-7

On December 5, 2002, the SCAA announced they would hold extensive hearings across the country to seek views of First Nations members, leaders and organizations.

Invite the Standing Committee to Hold Hearings in Your Community

You can use the draft template on the right to invite the Standing Committee on Aboriginal Affairs to hold a hearing in your community and to request time for a presentation to the Standing Committee:

PROPOSED HEARING SCHEDULE

January 27 until February 14, 2003 – Ottawa, ON
February 17 to March 28, 2003: The schedule for Hearings in the locations listed below has not been set yet.

ON: Toronto, Sudbury, Thunder Bay
NS: Either Halifax or SidneyNB: Fredericton
PQ: Montreal, Sept-Iles, Val d’Or
MB: Winnipeg, Thompson
SK: Regina, Prince Albert, North Battleford
AB: Red Deer, Slave Lake, Fort McMurray
BC: Prince Rupert, Prince George, Nainamo

DEADLINES

If you are interested to appear before the Committee, you must submit in writing to the Committee Clerk by January 24, 2003.

If not selected or unable to appear before the Committee, you can also make your views known by either through a written or taped submissions and forward to the Clerk no later than February 14, 2003.

The Committee Clerks Address is shown in the Sample Letter on the Right. Letters and Submissions can be faxed to 613-996-1962 or emailed to AANR@parl.gc.ca.

Please send copies of your letters and submissions to the Chiefs of Ontario.
 

SAMPLE LETTER

January __, 2003
Elizabeth B. Kingston, Clerk
House of Commons
Room 632, 180 Wellington
Ottawa, ON K1A 0A6

Chair & Co-Chairs of the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources

Dear Sirs and Madams:

RE: SCAA HEARINGS ON BILL C-7 / FIRST NATIONS GOVERNANCE ACT

On behalf of __(First Nation)____________, I, _(Name)__________________hereby submit this formal request in advance to appear before the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources (SCAA) when the hearings are held on Bill C-7 / First Nations Governance Act. Also, I wish to bring upfront our urgent request and recommendation for the SCAA to immediately consider and implement in regards to the overall conduct on the upcoming hearings on Bill C-7.

First and foremost, the proposed First Nations Governance Act will have a major impact on every First Nation member in my community. It is imperative for the SCAA to conduct a hearing in (First Nation) which will allow the SCAA to hear first hand our concerns. At the same time, our First Nation will be provided an opportunity to be heard directly in a democratic process. This is especially important given First Nations leadership and their administrations do not have adequate funds to travel to such hearings. While I understand the concerns related to increased travel time and funding, the SCAA needs to fully appreciate the ever-present travel challenges that we face, posed by the geography and vastness of Ontario, in the course of our business on a continuing basis.

Given how Bill C-7 has been re-introduced in the House of Commons regardless of great concern and resulting opposition by First Nations despite the democratic and partnership principles that the Government of Canada is based on. Due diligence must be exercised by First Nations who will bear the brunt of the impacts that this Bill will surely impose if it is rammed through parliament by the machinery of Government. Thus, it is important for First Nations members to be given an opportunity to be heard directly from the Standing Committee regarding their first hand concerns of the potential legislation that will severely impact their Treaty and Inherent Rights.

Our request to make a presentation to the SCAA should in no way be construed as a validation of the fundamentally flawed process and content of the FNGA that has been unilaterally imposed by the Minister of Indian Affairs and his officials.

We look forward to your positive response by immediately implementing this important request and recommendation.

Sincerely,
 
Lobbying on the Hill during the AFN Confederacy of Nations

Political Lobbying and Legislative Briefings are part of the Action Plan on the INAC Suite of Legislation. Many First Nations leaders took the time to lobby against the Suite of Legislation with MPs, Opposition Critics as well as Aboriginal Senators during the AFN Confederacy of Nations held in December.

Since Bill C-7 is now before the Standing Committee on Aboriginal Affairs. More lobbying activities will be scheduled to keep up the pressure and momentum when the House resumes on January 27, 2003. Check for more details for follow-up in our next issue.		  
  Ontario Regional Chief Charles Fox, UBCIC President Chief Stewart Philip and AIAI Grand Chief Chris McCormick at the AFN Confederacy last month.
 
Work Continues with the National Committee on the Protection of Treaty & Inherent Rights

The National Implementation Committee on the Protection of Treaty & Aboriginal Rights consisting of leaders from across the country continue to work together in opposing the FNGA and the Federal Suite of Legislation. The Committee, with its Rights-Based Agenda has been instrumental in developing a series of documents including the National Action Plan, a common elements document, a communication kit, analysis of legislative agenda. Chiefs of Ontario continues to work actively with and provide support to the Committee.

The Committee held a Press Conference on December 11, 2002 in Ottawa to reaffirm their Rights-based Agenda.		  
  AFN National Chief Matthew Coon Come, Six Nations Chief Roberta Jamieson and Manitoba Southern Chiefs Organization Grand Chief Margaret Swan at a Press Conference last month.
 
What You Can Do – Implement the National Action Plan

Political Lobbying & Legislative Briefings: Organize teams of leaders, community members and technicians to lobby with Cabinet, MPs, PC Party, Liberal Caucus, etc. Send the alternative national and regional First Nations plans to MPs and government officials.
Coordinate letter campaign to MPs and government officials.

Communications Internal: Engage community dialogue to ensure full understanding of the FNGA by First Nations members. Obtain ongoing feedback and direction. Continue distribution of information to our members.

Media Relations: Conduct a positive National public campaign to counteract the government smear campaign. Retain professional PR person to lead media strategy national/regional. Identify key spokespeople, ie., sovereignty champions. Arrange/coordinate media briefings, press conferences, etc.

Public Education: Share information with key institutions ie., schools, municipal associations. Gather support from general Canadian public – Canadian organizations/groups.

Direct Action/Assertion of Right: Coordinate direct actions and small peaceful rallies or sit ins at Parliament Hill, MP offices and federal buildings for awareness and support for our rights.

First Nations Solidarity: Establish First Nations network for unity. Participate in AFN and other regional assemblies pertaining to protection of Treaty & Inherent Rights. Focus on consensus building at all political levels. Participate in the Implementation Committee on the Protection of Treaty & Inherent Rights.
 
All photos by Rosie S. Mosquito
 
FOR MORE INFORMATION CONTACT:
Rosie S. Mosquito, Senior Policy Advisor, Chiefs of Ontario: Phone 807-626-9339 or Sara Neuert, A/Executive Director, Chiefs of Ontario: Phone 519-750-1016
 
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