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NAN Press release from www.nan.on.ca

NAN Deputy Grand Chief to Participate in International Diamond Conference

THUNDER BAY, ON:  Nishnawbe Aski Nation (NAN) Deputy Grand Chief Alvin Fiddler will deliver a statement on fair trade diamonds at the Rapaport International Diamond Conference in New York City, NY Monday. 

NAN Deputy Grand Chief Fiddler is calling on diamond exploration and mining companies to meet basic operating standards based on various supreme court rulings to consult and accommodate First Nations prior to exploration.  He will distribute these standards at the conference. 

Nishnawbe Aski Nation is an Aboriginal political organization representing 49 First Nation communities within the territory of James Bay Treaty 9 and Ontario First Nations of Treaty 5. This area covers over two-thirds of the province of Ontario and is home to approximately 45,000 people. 

The Rapaport Group drives sustainable economic development in the poorest countries of the world and is committed to using economic power and strategic positioning in the diamond and jewellery industry to help artisanal diggers and other disadvantaged groups obtain economic self sufficiency.
                                              
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For more information please contact:

Kristy Hankila
Communications Assistant
Nishnawbe Aski Naton
(807) 625 4902  

OR visit

http://www.diamonds.net/fairtrade/Home.aspx

As the AFN plans their legal options in regard to the appeal, filed in Saskatchewan, between the federal government and the Merchant Law Group, INAC Minister Prentice states in the press release below, "The Government strongly believes that the matter of the verification of the fees payable to the Merchant Law Group need not, nor should not, delay the implementation of the Settlement Agreement."

INAC press release ...

Minister Prentice Provides Update on the Indian Residential Schools Settlement Agreement
 
OTTAWA (January 31, 2007) - The Honourable Jim Prentice, Minister of Indian Affairs and Northern Development, Federal Interlocutor for Métis and Non-Status Indians, and Minister Responsible for Indian Residential Schools Resolution Canada, today provided an update on the progress made by Canada's New Government toward a fair and lasting resolution of the legacy of Indian Residential Schools.

"Since taking office, Canada's New Government has taken all the steps necessary to ensure that the Indian Residential Schools Settlement Agreement is approved and implemented as quickly as possible," said Minister Prentice.

The Settlement Agreement requires the approval of the Courts in nine jurisdictions across Canada, and the Government is pleased to confirm that the Settlement Agreement has now been substantially approved by those Courts. "We anticipate that the formal approval of the Settlement Agreement may proceed in the coming weeks, and that we will in turn move further toward implementation of the Agreement with the commencement of the Opt-Out Period in the next few months," said Minister Prentice.

In recognition of the age of many former students, and in recognition of the length of time required for the approval of the Settlement Agreement, the Government launched an Advance Payment Program on May 10, 2006, for elderly former students who were 65 or older when the Settlement Agreement negotiations began on May 30, 2005. "I am proud to report that the Advance Payment Program, which ended on December 31, 2006, has provided $8,000 to each of 9,938 elderly former students who resided at Indian Residential Schools, totalling $79.5 Million," noted Minister Prentice.

Among other things, the Settlement Agreement provides for a Common Experience Payment to all former students who resided at an eligible Indian Residential School. Applications for the Common Experience Payment will be processed in accordance with the Settlement Agreement, and all applications will be verified against the Government's records. In cases where records are unavailable, other means of establishing the residency of a former student at a particular Indian Residential School will be possible.

The Settlement Agreement also provides for the payment of fees to legal counsel who represented former students in the Settlement Agreement negotiation process, and in many cases for some years prior to the beginning of the negotiations, for their work on behalf of former students. The Settlement Agreement sets out a verification process for all legal fees to be verified and approved by the Courts.

"The Government believes that it is important for all elements of the Settlement Agreement, including the payment of fees to legal counsel, to be subject to appropriate verification and approval by the Courts," noted Minister Prentice.

"Given that former students need to prove that they resided at an eligible Indian Residential School to receive a Common Experience Payment, it is only reasonable and appropriate that legal counsel should have their bills verified as well. Further, this is part of the agreement that the Merchant Law Group negotiated," said Minister Prentice.

Accordingly, the Government recently filed an appeal of the decision by the Saskatchewan Court of Queen's Bench, respectfully seeking that the matter of the fees payable to the Merchant Law Group be verified by the Court in accordance with the Settlement Agreement. The Government strongly believes that the matter of the verification of the fees payable to the Merchant Law Group need not, nor should not, delay the implementation of the Settlement Agreement.

For more information, please contact:

Deirdra McCracken
Press Secretary
Office of the Honourable Jim Prentice
(819) 997-0002

Press release ....

Cree Singer Performs on Hockey Night in Canada

Date: 2007-01-30

On Saturday, February 3rd at 8pm (MST) the National Anthem will be sung in Cree by 13 year old Akina Shirt on CBC Hockey Night In Canada. Show your support by tuning in as she opens the Calgary Flames game against Vancouver Canucks.

For more information on Akina see: www.akinashirt.com. Inquiries about Akina's Music are welcomed at by Jean or Dale at: Phone: (780) 433-9692 or: info@akinashirt.com.

Federal government press release ...

2007 Canada Day Poster Challenge

Each year, students 18 years of age and under are invited to take part in the Canada Day Poster Challenge by designing a poster that illustrates their pride in Canada and in being Canadian. This year’s theme is A Portrait of Canada: Celebrating 140 Years.

The 13 provincial and territorial finalists will win a trip to Ottawa to celebrate Canada Day on Parliament Hill. In addition, the winning entry will become the official poster of Celebrate Canada! which includes:

• National Aboriginal Day, June 21
• Saint-Jean-Baptiste Day, June 24
• Canadian Multiculturalism Day, June 27
• Canada Day, July 1

From June to September, the Canadian Children’s Museum at the Canadian Museum of Civilization in Gatineau, Quebec, exhibits the artwork of all 13 provincial/territorial finalists.

The deadline for submitting a poster, along with an entry form, is February 28, 2007.

Click here to download a print-friendly version of the Poster Challenge brochure.

The 2007 Canada Day Poster Challenge is underway! This year,we have even more reason to celebrate because 2007 is the 140th anniversary of Canada’s Confederation.To mark this special birthday, this year’s theme is A Portrait of Canada: Celebrating 140 years.

We invite you to illustrate how the people, places and events of the past 140 years have shaped our nation. Think about how Canada has evolved through significant social, cultural and historical achievements and technological innovations.There are countless reasons why we can be proud to be Canadian, from our country’s magnificent natural beauty to its unique cultural diversity, from our many national heroes to Canada’s place in the world as a model of democracy and freedom.

So show us what Canada means to you! We challenge you to design an original poster that brings together significant elements from our past and present.You could win great prizes including an exciting 3-day trip to the National Capital Region to take part in the Canada Day celebrations.

Best of all, the winning entry will become the official poster of “Celebrate Canada!”, a celebration across the country that includes National Aboriginal Day, June 21; Saint-Jean-Baptiste Day, June 24; Canadian Multiculturalism Day, June 27; and Canada Day, July 1.

The artwork of the 13 provincial and territorial finalists will be part of a special exhibit from June to September 2007 at the Canadian Children’s Museum located in the Canadian Museum of Civilization in Gatineau,Quebec.

For more information, fun games and activities, and additional resources, visit the Poster Challenge Web site at: www.canadianheritage.gc.ca/affiche-poster

NAN press release ...

Ontario Attacks Aboriginal and Treaty Rights in Kitchenuhmaykoosib Inninuwug (KI) Litigation

THUNDER BAY, ON, Jan. 29 - Nishnawbe Aski Nation (NAN) Deputy Grand Chief Alvin Fiddler and Kitchenuhmaykoosib Inninuwug (KI) spokesperson John Cutfeet are outraged by the Government of Ontario's attack on Aboriginal and treaty rights during Friday's court proceeding in the case of KI vs. Platinex.

"Ontario's legal argument dismisses constitutionally protected Aboriginal and treaty rights based on First Nation culture and spiritual connection to the land," said KI spokesperson John Cutfeet after the third court proceeding since Toronto-based mining company Platinex sued his northern First Nation community for $10 billion after they requested drilling equipment be removed from their traditional territory last Spring. "The mining act is an outdated piece of legislation, whereby the McGuinty government grants permits without consulting the First peoples where lands will be affected by the various impacts of mining. The McGuinty government claims the provincial mining act trumps all constitutionally protected rights recognized under section 35 of the Canadian constitution for all First Nations."

Government of Ontario lawyer Owen Young argued for intervener status in Thunder Bay's Ontario Superior Court Friday January 26, 2007.

"It's clear the McGuinty government has a twisted interpretation of the spirit and intent of James Bay Treaty 9, not to mention sixteen years of Supreme Court decisions that have ruled for consultation and accommodation with First Nations prior to land exploration, let alone drilling," said NAN Deputy Grand Chief Alvin Fiddler.

Despite a community declared moratorium on resource development recent Supreme Court rulings to consult and accommodate, including Mikisew (November 2005), Platinex received permission from the Government of Ontario to drill in KI territory February 2006.

KI brought a constitutional challenge to the Ontario Mining Act June 2006, claiming the Act fails to prioritize Aboriginal and Treaty rights deeming it unconstitutional.

In July an Ontario Superior Court decision halted Platinex from drilling in KI territory until the mining company and Province of Ontario fulfil obligations to consult with the First Nation community. In this decision, Justice Patrick Smith specifically referenced the impacts of mining on not only the right of First Nations to fish, hunt, and trap, but also on impacts to the cultural and spiritual connection to the land.

The next scheduled date for court proceedings is April 2, 2007 in Thunder Bay.

KI is a signatory to the 1929 adhesion of James Bay Treaty 9. The community is located approximately 600 km north of Sioux Lookout.

For further information: Jenna Young, NAN Director of Communications at (807) 625-4952; or John Cutfeet, KI Spokesperson at (807) 627-9062

The Chiefs' Steering Committee wishes to announce the upcoming Leadership Review Meeting about the work completed to date. The meeting will take place on March 20, 21, 22, 2007 at the Travelodge Airlane in Thunder Bay.

Communications Team Bulletin # 8– December 21, 2006

 Completed forty-eight (48) Treaty # 9, Treaty #5 (Ontario Portion) and Affiliated First Nations community visits.

Communities that were visited but were unable to provide an information session:

Moose Factory, Moose Cree, Mocreebec

Communities that were unable to visit are as follows:

Koocheching, Kashechewan

Leadership Review Meeting

March 20, 21, 22, 2007

Travelodge Airlane – Thunder Bay

After 12 years of meetings, Manitoba Chiefs voted this week to abandon existing self-government process as a waste of time with very little being achieved during that time. The chiefs determined that working with the bureaucratics is not going to achieve the government-to-government relationship required for real self-governance to work. See story below ...

From http://www.portagedailygraphic.com/Top%20Stories/283541.html

Chiefs end talks with Ottawa
By Leighton Klassen - The Daily Graphic - Friday January 26, 2007

First Nations in this province have decided to end negotiations to dismantle the Manitoba division of Department of Indian Affairs.

Talks on the subject have been going on for 12 years, but a year-long review by Assembly of Manitoba Chiefs concluded nothing of substance has been achieved.

“Over the years, negotiations became more at the bureaucratic level and not at the First Nations level, so we felt the thing to do was to discontinue,” AMC Grand Chief Ron Evans said yesterday.

The decision was made on Wednesday during the second day of the three-day AMC meeting held at Long Plain First Nation.

The 65 chiefs who were present voted unanimously in favour of the move.

The move was also endorsed by the grand chiefs that represent the northern and southern aboriginal groups of Manitoba.

There has been no progress since an agreement was signed in December of 1994 by the assembly and then-premier Jean Chretien’s government to negotiate the dismantling of Indian Affairs in Manitoba, Evans said.

The idea was its responsibilities would be turned over to aboriginal governments in the province, effectively repealing Indian Act as it applied to Manitoba bands.

These bands would then have the authority and responsibility to administer and deliver programs handled by Indian Affairs and other federal departments such as housing, education, capital projects, band administration and justice.

Evans said the 1994 agreement was a key component to overcoming many of the issues aboriginals face.

“The whole purpose was to turn things around,” he said. “We’re the poorest of the poor, have the highest suicide rates, poorest education .... We need to do this by ourselves and there should be an agreement to take us there.”

Long Plain Chief Dennis Meeches said Ottawa still doesn’t understand First Nations can survive under their own governance. In the future, he wants his people to function in a society where they’re considered a nation, free from the control of Indian Affairs.

“There’s nothing wrong with being a nation within a nation,” Meeches said. “I love this country and I represent it, but I have to stay true to my culture.”

Evans said talks will not resume until the federal government takes the negotiations out of the hands of bureaucrats and initiates a government-to-government process with aboriginal chiefs.

The assembly plans to send a letter to Indian Affairs Minister Jim Prentice explaining its action, he said, adding he hopes Prentice will be willing to restart negotiations in a meaningful way.

Prentice wasn’t available for comment, but his office offered a brief comment on the announcement.

“It’s disappointing anytime negotiations are called off, however, we still believe negotiations are the only way we can achieve anything,” spokeswoman Deidra McCracken said yesterday. “We’re looking to reopen discussions.”

During a speech at the national conference in Calgary of Engineers Without Borders, Gov. Gen. Michaelle Jean, challenged Canadians to address the third world conditions that exist in Canada in aboriginal communities. See the two news stories about the GG's visit to Alberta ...

From http://www.canada.com/calgaryherald

Gov. Gen. calls for action on native poverty

Kerry Williamson kwilliamson@theherald.canwest.com, CanWest News Service - Friday, January 26, 2007

CALGARY - Her eyes opened by her first state visit to developing countries in Africa as well as her travels in Canada, Governor General Michaelle Jean is urging Canadians to focus on their own developing world in the form of desperately poor aboriginal communities.

Speaking in Calgary on Thursday evening, the governor general said Canadians need to ''admit once and for all'' that urgent work needs to be done ''in our own backyard'' and not just in impoverished Third World countries.

'We must not forget that there is a developing world right here in Canada, there are developing communities right here in Canada, that we can no longer ignore,' said Jean, speaking at the Engineers Without Borders national conference.

'Let us admit once and for all that the developing world is closer than we think. There is urgent work that needs to be done in our own backyard.'

Jean - who visited Algeria, Mali, Ghana, South Africa and Morocco late last year - said she was struck by how similar social problems in those countries are to problems on First Nation reserves in this country.

She pointed to aboriginal communities which struggle to provide people with clean drinking water, have high rates of violence against women, have 'desperate' needs for adequate housing and health infrastructure, and a pressing need to improve education.

The Haitian-born former journalist also referred to the marginalization of young people on First Nation reserves.

'I saw situations and needs there that are identical to the situations and needs in Canada,' she said.

A report to the federal government last year deemed 21 reserves in Canada as high-risk health hazards because of their lack of safe drinking water. A further study, released by the International Housing Coalition and sponsored by the Canadian Real Estate Association last June, found that Aboriginal housing on reserve is seriously deficient.

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From http://www.macleans.ca/topstories/news/shownews.jsp?content=n012717A

Canadians must all help fight 'poverty and exclusion,' says governor general - JAMES STEVENSON - January 27, 2007

CALGARY (CP) - Canadians have a collective responsibility to combat the problems of "poverty and exclusion" and not simply rely on government help, the Governor General said Saturday.

Wrapping up a three-day tour of southern Alberta with a graduating class of Aboriginal teachers, Michaelle Jean said all Canadians must help the less fortunate in society.

"The more we are indifferent, the more we will fail some of our fellow citizens and we can't set an example to the world - and the world is looking at us as a country," Jean said Saturday in Calgary.

"I think that sometimes we actually could do more, but if we are indifferent, this will not happen."

Promoting and praising action on native and social issues was a key theme during the Governor General's second official visit to Alberta.

She spent nearly three hours Saturday afternoon listening to the stories of 11 teachers from the Siksika Nation, one hour east of Calgary, who had graduated from a University of Calgary program last year.

Unique to Canada, the Master of Teaching program combines aboriginal language, culture and teaching with mainstream educational practices.

"It's always wonderful to celebrate a good success story," Jean said afterwards.

"It's one thing to be aware of difficulties, of situations that are very troubling, but it is also so important to acknowledge the solutions brought to the problems by the people themselves."

Jean's message reverberates in Alberta where years of soaring oil and gas prices have brought both unprecedented wealth and soaring social problems including homelessness and spousal abuse.

But Jean said social problems that come from poverty and exclusion were not unique to Alberta, and Canadians had a shared responsibility to fix them.

Within hours of arriving in Calgary last Thursday, Jean told a packed room of young engineers gearing up to help promote development around the world that Canadians can no longer ignore the impoverished conditions in their own aboriginal communities.

"Let us admit, once and for all, that the developing world is closer than we think," she said.

The next day, she visited a family shelter on the Stoney-Nakoda First Nation west of Calgary, noting that Alberta had the worst record of violence against women in the entire country.

But again, rather than pointing fingers, Jean said she needed to celebrate the success of the "courageous" women living in the shelter within their own small community.

"They're really making sure that something is happening against that terrible situation of violence against women," she said.

Jean told teachers and leaders of the Siksika Nation on Saturday that she would use her position to "advise, inform and warn" the federal government of their situation.

Siksika Chief Adrian Stimson said Jean's visit was a very historical moment, noting there is a great need for visits like the one the Governor General made to the successful graduates.

"I think it's a very great thing that's happened here today."

Racism, ignorance and hate literature being defended by House of Commons lawyers as a politician privilege (see story below).

From CanWest News Service ...

Former MP loses bid to be immune from human rights law
Janice Tibbetts, CanWest News Service - January 24, 2007

OTTAWA - A former Saskatchewan MP, who is accused of racism against aboriginals for a ''householder'' brochure he sent to his constituents, is not exempt from a human rights investigation, says a federal judge.

Jim Pankiw, who was a member of the former Reform and Canadian Alliance parties before he was ousted for his controversial views, unsuccessfully tried to convince a judge that politicians should be able to express their views without being hauled before the Canadian Human Rights Commission.

Federal Court Judge Francois Lemieux concluded the concept of parliamentary privilege, which has traditionally been used to protect politicians from lawsuits for comments made in the House of Commons, does not extend to handouts distributed by MPs.

''There can be no doubt freedom of expression is the lifeblood or a democratic Constitution such as Canada's,'' wrote Lemieux. ''Having said this, there is always a balance to be achieved because there are limits to free political speech.''

Pankiw took the commission to court after it decided a human rights tribunal could examine nine complaints against him for distributing pamphlets appealing for a halt to ''Indian crime.'' He also condemned ''race-based hiring quotas for Indians'' and a Criminal Code provision that urges judges to use leniency when sentencing aboriginals.

Pankiw, now a Saskatoon chiropractor, said the court decision is a blow to free speech.

''It means that the Canadian Human Rights Commission can censure members of Parliament for speaking their mind about public policy, which means we no longer live in a free country,'' said Pankiw, the former MP for Saskatoon-Humboldt. ''If you can't get elected in and espouse your views, then we don't have free speech, do we? It makes a mockery of our Constitution.''

Pankiw was elected as a Reform Party member in the 1997 and its successor, the Canadian Alliance, in 2000. He joined other dissidents who defected to protest Stockwell Day's leadership, but when Stephen Harper assumed the helm, he did not invite Pankiw back on the grounds he was too confrontational.

The House of Commons, which supported Pankiw in the court challenge, filed an appeal on Friday in the Federal Court of Appeal.

''The question is whether it is appropriate in a democracy for a government agency to be judging the content of what members of Parliament say to their constituents,'' said Steven Chaplin, a lawyer for the House of Commons. ''In our view, the political process should deal with it, that's what elections are all about.''

He noted Pankiw was not re-elected as an independent candidate in the federal elections of 2004 and 2006, when he lost to the Conservatives.

Chaplin said the House of Commons draws the line at the free speech that amounts to criminal hate.

Ailsa Watkinson, one of Pankiw's former constituents who filed a human rights complaint, doesn't buy the argument that politicians should be able to speak their minds and then let the voters decide.

''To have in that position somebody disseminate information and to speak in a way that is promoting hatred, that perpetuates discrimination against a certain group of people, is an abuse of power and privilege,'' said Watkinson, a professor at University of Regina.

Parliamentary privilege has traditionally immunized politicians from lawsuits for comments in the House of Commons. It has also protected them from being called to testify while the House is in session.

There have been numerous attempts over the years to expand the scope of parliamentary privilege.

Lemieux, in his ruling, drew heavily on a 2005 decision in the Supreme Court of Canada which retained a narrow scope for parliamentary privilege in the case of Satnam Vaid and the former Speaker of the House of Commons, Gib Parent.

The House of Commons tried to claim privilege when Vaid tried to take his former boss to the Canadian Human Rights Commission, alleging that he was the victim of a racist firing.

CanWest News Service

Judges and national organizations continue to talk and meet about the residential school settlement as the survivors wait. Now the lawyers are taking over the settlement and further delaying the distribution of few thousand dollars for each survivor while they fight over the millions they are expecting. (see stories below). SHAME, SHAME, SHAME on the government, on the lawyers and on the organizations for making this happen!

Meanwhile, in a few short months Canada announces a $10.5 million settlement for a newcomer to Canada for being wrongfully sent to a detention centre. Residential school survivors, many of whom spent years in these forced school environments, suffering various unacceptable experiences are still waiting for even a little personal justice from Canada.

AFN press release ....

Residential School Survivors are One Step Closer to Compensation Following Judges Meeting in Calgary

OTTAWA, Jan. 26 - The final court approval for the Indian Residential School Settlement Agreement (IRSSA) is one step closer to reality after judges from across Canada met in Calgary yesterday.

"I am pleased to report that yesterday's meeting between the judges, who approved the settlement in principle last month, resolved a number of issues that will allow the administrative process to proceed as quickly as possible," said Assembly of First Nations National Chief Phil Fontaine. "As you know, the AFN was central to discussions with Canada that formed the responses to the judges concerns on the independent administration and related issues."

The judges also agreed to an unprecedented sitting of all the courts, in the very near future, in order to issue the final settlement approval.

"This certainly indicates that our judicial system realizes the urgency in approving this settlement as quickly as possible," noted the National Chief. "I am very pleased that our Elders have already benefited from the Advance Payment Program. To date, 13,400 have received their $8,000 cheques. This means a total of $74.8 Million dollars have been paid out to the elderly. I look forward to all survivors receiving their compensation due them in the very near future.

"AFN's continued involvement in this process will ensure that the IRSSA remains on track to get payments out to survivors as soon as possible," added the National Chief.

In the coming months, a Community Outreach Mobile Plan (COMP) will travel to as many communities as possible to conduct face-to-face information sessions with survivors.

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.

For further information: please contact: Bryan Hendry, A/Director of Communications, (613) 241-6789, ext. 229, cell: (613) 293-6106, bhendry@afn.ca;. Nancy Pine, Communications Advisor to the National Chief, (613) 241-6789, ext. 243, cell: (613) 298-6382, npine@afn.ca.

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From http://www.cbc.ca/canada/saskatchewan/story/2007/01/26/residential-deal.html

Appeal means residential school deal on hold: Ottawa
Friday, January 26, 2007 - CBC News

A multibillion-dollar settlement for aboriginal students who attended residential schools is now stalled, a lawyer with the federal government says.

Earlier this month, the attorney general's office filed an appeal against the deal approved by nine judges across Canada. That appeal was against the $15 million to $40 million in legal fees approved for Regina lawyer Tony Merchant, whose firm represents thousands of former students.

Assembly of First Nations National Chief Phil Fontaine had hoped that the dispute over fees could be separated from the rest of the deal and the long-awaited payouts could proceed.

The situation became more complicated on Friday when Merchant filed his own appeal in Regina that replied to the attorney general's appeal and added other objections to it.

The effect, according to federal government lawyer Catherine Coughlan, is to delay implementation of the compensation package.

Under the law, the settlement is "stayed" during an appeal period, she said.
 
"It means that further steps in the matter cannot be taken unless a party applies to the court to lift the stay," she said.

However, in the cross-appeal he filed Friday, Merchant argued that it was Ottawa's appeal that triggered the stay and he wouldn't have appealed if Ottawa hadn't done so first.

The deal includes $1.9 billion for the roughly 80,000 aboriginal people who attended the schools in the 20th century. There's also more money for students who were abused physically or sexually in the schools, which were typically run by churches under the supervision of the federal government.

Money has also been set aside for memorial projects and various healing and reconciliation programs.

In total, it's estimated the deal could add up to between $4 billion and $5 billion, according to documents filed in a Regina court.