From The Council of Canadians web site

Chief Spence takes fight against C-45 to the United Nations

Chief Theresa Spence. Photo by Teresa Smith/ Ottawa Citizen

The Attawapiskat First Nation and the International Indian Treaty Council have sought the support of the United Nations to stop C-38 and C-45. They state that the Harper government failed in their Duty to Consult as guaranteed by the UN Declaration on the Rights of Indigenous Peoples and the Canadian Constitution Act.

In their request for consideration under the 'Early Warning/ Urgent Action Procedures' of UN Committee on the Elimination of Racial Discrimination (CERD), they argue in part that C-45 "removed fish habitat protections" and "changed the Navigable Waters Protection Act to a new format called the Navigation Protection Act, removing protection for 99.9 per cent of lakes and rivers in Canada." They also note that, "The Frog Lake First Nation and Mikisew Cree First Nation, through their respective Chiefs, launched judicial review cases in the Federal Court. They are challenging the passage of the Bills C-38 and C-45. However, this form of justice is slow and expensive and inaccessible for many other First Nations or Aboriginal peoples in Canada."

And they request that the UN make six recommendations to the Government of Canada including, "That Canada, as an urgent matter, conduct a comprehensive review and meaningful consultation in regards to Bill C-38 and C-45 to ensure it is consistent with Section 35 of the Constitution Act (1982), and to repeal such aspects of Bills C-38 and 45 which violate the rights of Indigenous Peoples held pursuant to Treaty, the UN Declaration on the Rights of Indigenous Peoples (in particular the right to Free, Prior and Informed Consent), the International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rights and the recommendations of the CERD."

The United Nations CERD, which is based in Geneva, will consider their request on February 26.

Council of Canadians chairperson Maude Barlow has stated, "The Harper government has dramatically undermined the safety, sovereignty and security of First Nations through the omnibus bills C-38 and C-45. The gutting of environmental protections is of particular concern to First Nations as many of the current and proposed new energy and mining projects - now released from environmental oversight by the Harper government - take place on Indigenous lands. These changes were made without consultation with First Nations, despite their court-recognized treaty rights. This also violates the UN Declaration on the Rights of Indigenous Peoples, which guarantees 'free, prior and informed consent' in any matter that touches on resource development on Aboriginal lands."

For more, please see:
Chief Theresa Spence and Attawapiskat First Nation file 'urgent action' with UN committee
UPDATE: Chief Spence ends her hunger-strike, wins commitment to 13-point declaration
NEWS: Mikisew Cree First Nation and Frog Lake First Nation to challenge C-38 and C-45 in Federal Court
NEWS: Water protections lost under Harper's C-38 and C-45

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From the Globe and Mail

UN panel hears natives' complaints against Harper governmentGLORIA GALLOWAY

OTTAWA - The Globe and Mail

Published Friday, Feb. 22 2013

Twenty Canadian first nations have taken to the world stage to accuse the Harper government of violating the human rights of their people and of failing to take action against "racist" media reports.

The communities - most of them Cree - made two presentations before the UN Committee on the Elimination of Racial Discrimination in Geneva on Friday.

The first nations accused the federal Conservative government of introducing a slate of legislation that violates the human rights of first nations.

The legislation includes two omnibus bills that were passed into law last year, as well as bills dealing with first-nations financial transparency, matrimonial rights on reserve, first-nations elections, reserve drinking water, self-government and changes to the Indian Act. All have been the target of demonstrations by the loosely knit protest group Idle No More.

The first nations say the legislation was drafted without their input and they argue that the government's "denial to include us within a democratic decision-making process" violates the International Convention on the Elimination of All Forms of Racial Discrimination.

The second presentation took issue with a number of columns and an editorial, mostly about Idle No More, that have been published in the Sun Media newspaper chain as well as a column in the National Post that they say "perpetuate and reinforce negative stereotypes that belittle and depersonalize first nations and our members based on our race."

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