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The Congress of Aboriginal Peoples (CAP) is inviting Aboriginal people to complete a very one sided online survey that they say will help shape their position on "Matrimonial Real Property (MRP) On Reserve Lands".

Everyone is invited to share their opinions by clicking here.

From the web site ...

The Congress of Aboriginal Peoples (CAP) has been invited by the Minister of Indian Affairs and Northern Development, the Honourable Jim Prentice, to participate in a national dialogue to resolve the Indian Act's failure to deal with disputes over Matrimonial Real Property on reserve lands (MRP).

Outside of the reserve context, MRP issues are managed by provincial laws that guarantee that real property (land and homes and other assets tied to land) cannot be disposed of by either party to a relationship that is failing or failed without protection for the rights of the other partner. In all provinces, these rights extend to married persons - they deal with who may possess the marital home during a break-up or in the case of family violence, and prevent either partner from selling the home without providing an equal or equitable share in the home's value to the other partner. In some provinces, these rights are extended beyond formally married partners to common law partners, to Aboriginal customary marriages and to same-sex partnerships.

In this questionnaire, we are asking for your advice and input on what you think is the best way to resolve the outstanding gaps in federal legislation regarding matrimonial property rights on reserve lands. The government of Canada is advancing three main options - the adoption of provincial laws (which vary from province to province), the use of provincial laws with the option of Bands to opt-out of those laws where they create their own laws that meet minimum standards, and a new federal law setting basic standards for MRP rights protection, also with the right of Bands to opt-out of the federal model by adopting their own laws meeting certain standards.

Our main question is simple: which option or approach do you think is most likely to close the gaps in the Indian Act and to help those affected by MRP disputes protect their rights and interests? This may seem to be a fairly straight-forward question, but there are complex issues at play. There are so many flaws and gaps in the Indian Act that amending it on any one issue can invite valid demands to reform the legislation to address other and often closely related problems - like the absence of accountability and governance rules, the failure of the Act to provide appeal mechanisms regarding Band decisions, and major issues associated with the Indian Act's membership and status provisions. In addition, ownership of and rights to homes and land interests on reserve often raise treaty rights issues - since about 50% of all reserves in the country were established originally by treaties. Treaty rights are protected by the Constitution from any negative effect or infringement by ordinary legislation like the Indian Act, and so any change to the Indian Act itself can have un-intended impacts on treaty rights.

Articles and press releases on the latest round of court proceedings between Kitchenuhmaykoosib Inninuwug First Nation, Platinex and the Ontario government concerning mining exploration and development on the First Nation traditional territory without appropriate involvement of the community. Unfortunately, some of the reporting demonstrates both the ignorance and prejudices against First Nation positions with statements like the ones the Canadian Press reporter writes (see below - "The province must write a blank cheque ..."

From Wawatay News Online - posted 2007.01.10

Injunction against Platinex remains in place

A Toronto-based mining company remains barred from drilling in Kitchenuhmaykoosib Inninuwug following hours of discussions in a Thunder Bay court Jan. 9.

Representatives for the community, Platinex Inc. and the province of Ontario met in a back room of the court for more than four hours trying to reach an agreement that would lift the injunction, provide the company access to the land and give the community rules of engagement that must be followed, the lawyers said.

“Kitchenumaykoosib’s trust has been betrayed,” said Kate Kempton, who represents the community with nearly 1600 band members. “It’s too risky for KI to proceed without these rules in place.”

Platinex wants to continue drilling on the land to confirm earlier results of platinum in the community’s traditional lands.

But for that to happen, an agreement must be in place.

”It’s still possible to come to an agreement in the next little while,” Kempton said. “We’re still stuck on key issues.”

The matter will return before Justice Patrick Smith Jan. 22 and 26 and April 2 and 5.

Platinex was orginally barred from drilling in the community last summer.

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From http://www.tbsource.com/Localnews/index.asp?cid=90916

Drilling injunction upheld
Tb News Source - Posted: 1/9/2007

A court order stopping Platinex Mining from drilling on Kitchenuhmaykoosib Inninuwug First Nation will continue.

The two sides appeared in Ontario Superior Court Tuesday before Justice Patrick Smith. Justice Smith issued an injunction in July halting exploration work on the reserve.

Kitchenuhmaykoosib Inninuwug claims the province circumvented a Supreme Court decision when it gave permission to Platinex to drill on their land without consultation and six months later, there is still no agreement on how the consultation process should proceed.

The First Nation says they have problems with new proposals brought forward by the province, at what they say is the last minute, and they can not go ahead without resolving these issues.

Later this month the concerned parties will return to the Superior Court to deal with procedural matters. Then in early April, the matter will be argued before the courts. In the meantime, there will be no drilling on the group's traditional lands by Platinex.

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Click here to read the follow MNDM press release online

News Release - Ministry of Northern Development and Mines
January 10, 2007 - 009
 
Ontario Committed To Resolution In Far North Mineral Exploration Dispute - Seeks Intervenor Status In Court Proceedings

SUDBURY – The Ontario Government is seeking intervenor status to participate in injunction proceedings between Platinex Inc. and Kitchenuhmaykoosib Inninuwug (KI) First Nation.  Negotiations on a consultation process continued yesterday at the Ontario Superior Court in Thunder Bay but no agreement was reached. 

“Ontario remains optimistic that a resolution can be reached between the two parties and that is why we are seeking intervenor status,” said Minister of Northern Development and Mines, Rick Bartolucci.  “We believe it’s important to continue to proactively pursue a resolution that is acceptable to all.”

Although Ontario is not a party to the injunction proceedings between Platinex and KI, the Honourable Mr. Justice G.P. Smith’s interim order in July 2006 required a consultation process be developed for the Platinex drilling project and that the Crown be involved.

“The Ministry of Northern Development and Mines, together with KI and Platinex, has worked hard on this issue and we will continue to devote our efforts toward finding a solution,” said Bartolucci.  “It’s only reasonable that all three parties should have the opportunity to move the yardsticks forward. It’s my hope that KI and Platinex will support our request to participate in the proceedings.”
 
One of the outstanding issues is the signing of a technical process agreement being drafted to guide the consultation.  Ministry staff indicated they would be prepared to sign a completed protocol and the minister has written to the Chief of KI offering to sign a Memorandum of Cooperation (MOC). 

“I have signed similar MOCs with other communities in the past, which reflect a broader political commitment to work together to improve the understanding of each other’s responsibilities, requirements, practices and expectations,” said Bartolucci.  “In our experience, these agreements can form the basis for the more technical agreements that follow.”

The ministry recognizes the Crown’s obligation to respect and honour the Aboriginal and treaty rights of communities and that communities have a right to be appropriately consulted and accommodated as set out in recent Supreme Court decisions. The Supreme Court decisions also confirmed the importance of all parties engaging in a reciprocal, constructive consultation process.

The ministry has been working cooperatively with First Nations to support increased participation by Aboriginal peoples in decisions that affect their lives.  It will soon be initiating public discussions on developing mining-related Aboriginal consultation guidelines.

-30-

Contacts:

Laura Blondeau
Minister’s Office – Sudbury
(705) 564-7454

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From http://www.cbc.ca/cp/business/070111/b011189A.html

Aboriginals say Ontario must pay for consultations to end mining dispute
Published: Thursday, January 11, 2007 - Canadian Press: CHINTA PUXLEY

TORONTO (CP) - The province must write a blank cheque for extensive consultations with the Kitchenuhmaykoosib Inninuwug First Nation before any mining activity begins near the community, a spokesman for the remote northern Ontario band said Thursday.

John Cutfeet said the province didn't consult the First Nation when it allowed junior exploration company Platinex Inc. to drill on land 600 kilometres north of Thunder Bay, Ont.

Ontario is holding up negotiations by refusing to pay for a full consultation on drilling on the Big Trout Lake property, he said.

While the proposed mining site isn't on reserve land, it is within the aboriginal band's traditional territory and could contaminate the community's lake, Cutfeet said.

"All we want to see ... is that we have a say in what happens in our territory that's going to have a huge impact on our lives," he said. "The lake is our livelihood. We eat out of there. We drink water out of there."

In the meantime, a court injunction has halted work on the site, and Cutfeet said negotiations have stalled.

The province should not only be paying for a full consultation before any mining activity begins, but that right should be enshrined in law so all aboriginals are consulted before prospectors go in search of gold, diamond and nickel in the north, the First Nation argues.

This case is being closely watched because the band is challenging the Ontario Mining Act on constitutional grounds, which could impact the high hopes many have for unlocking the north's natural resources.

Rick Bartolucci, Ontario's minister for northern development and mines, said he's optimistic all sides will be able to resolve the dispute through negotiation.

While he wouldn't talk about whether the province will pay for consultations with the First Nation because it is part of the ongoing legal dispute, Bartolucci hinted the government won't be writing any blank cheques any time soon.

"Certainly our ministry and the government continues to be very, very responsible with regards to the management of costs of this engagement," he said. "We've made a rather fair proposal to (the First Nation) with regards to the cost they would incur."

Negotiations are continuing and moving forward, Bartolucci said. It's not necessary to legislate consultation with aboriginals into law because the Supreme Court has already handed down a ruling to that effect, he added.

But Anna Baggio of the Wildlands League environmentalist group said it's time the government took a strong stand to protect aboriginal land rights and the province's boreal forest.

The conflict over mining activity in northern Ontario could have been avoided if the province updated its "antiquated" mining act to spell out clear rules on aboriginal consultation and environmental protection, she said.

Right now, there is nothing compelling the province to hold meaningful consultations with aboriginals before they authorize mining activity on their land, she said.

"You can't just have business as usual development. It's failing communities and it's failing nature."

New Democrat Gilles Bisson, who represents Timmins-James Bay, said the government must go beyond simply consulting aboriginals and should legally include them in both planning and revenue-sharing if it wants to exploit the natural resources of the north, he said.

"The First Nations communities don't want to live in poverty forever," Bisson said. "They recognize that developing mining, water and forestry activities are going to be good for them over the long run. But First Nations have to have a say in what happens when it comes to access to their territories."

The Big Trout Lake dispute started last year when protesters blocked an access road and landing strip, arguing the government had no right to grant Platinex a mining permit for their land.

Platinex filed a $10-billion suit and asked for a court order to remove the protesters. The band filed a countersuit and successfully obtained a temporary injunction prohibiting exploration on the land.

Superior Court Justice Patrick Smith gave the band, company and province five months to negotiate. The talks were granted an extension this week.

© The Canadian Press, 2007

First Peoples Child & Family Review 
Volume 3 Number 1 - January 2007

"The latest issue of First Peoples Child & Family Review is now available online. We encourage you to check out our latest articles, as well as our offerings from past issues. If you are interested in contributing to the First Peoples journal, as an author or as a reviewer, information can be found on our website or by contacting the coordinating editor at mbennett@fncfcs.com.. The deadline for the next call for papers is March 31st, 2007."

Excerpts from the Table of Contents of the January 2007 issue:

• Ensuring Knowledge Transmission in the Aboriginal Child Welfare Field
• Keeping First Nations children at home: A few Federal policy changes could make a big difference
• The politics of kith and kin: Observations on the British Columbia government's reaction to the death of Sherry Charlie
• Reflections of a Mi’kmaq social worker on a quarter of a century work in First Nations child welfare
• Promising practice for maintaining identities in First Nation adoption
• Identity lost and found: Lessons from the sixties scoop

Click here to see the latest issue

Table of Contents, Volume 3, Number 1, 2007

4	Foreword Michael Hart
5	Ensuring Knowledge Transmission in the Aboriginal Child Welfare Field Marlyn Bennett
10	Keeping First Nations children at home: A few Federal policy changes could make a big difference Fred Wien, Cindy Blackstock, John Loxley and Nico Trocmé
15	The politics of kith and kin: Observations on the British Columbia government's reaction to the death of Sherry Charlie Gerald Cradock
34	Reflections of a Mi’kmaq social worker on a quarter of a century work in First Nations child welfare Nancy MacDonald and Judy MacDonald
46	Promising practice for maintaining identities in First Nation adoption Jeannine Carriere
65	Identity lost and found: Lessons from the sixties scoop Raven Sinclair
83	Indigenous knowledge and research: The míkiwáhp as a symbol for reclaiming our knowledge and ways of knowing Michael Hart
91	A way of life: Indigenous perspectives on anti oppressive living Robina Thomas and Jacquie Green
105	Here be dragons! Reconciling Indigenous and Western knowledge to improve Aboriginal child welfare Jean Lafrance and Betty Bastien
127	Are rural American Indian adolescents becoming a race of angels? John Courname
133	(A Literature Review) Re-examining issues behind the loss of family and cultural and the impact on Aboriginal youth suicide rates Kristine Morris

Click here to read the following Edmonton Journal story ...

Ont. reserve looks beyond housing, water crises - Deal may be near for improved services at Pikangikum

Steve Lambert, The Canadian Press - Published: Monday, January 08, 2007

PIKANGIKUM, Ont. -- Crammed into a ramshackle 700-square-foot house she shares with eight relatives, Juliette Turtle has resigned herself to a life without a decent roof over her head, a toilet or running water.

"I've just learned to accept it because there's no housing," the 58-year-old says through a translator as she sits on her worn beige sofa beneath a leaky window.

A few steps away, one of Turtle's grandchildren lies in what passes for a bedroom -- a space with three mattresses covering almost every bit of the floor. Clothing is hung on hooks or strings on the wall.

Pikangikum First Nation resident Juliette Turtle sits in an overcrowded bedroom Friday as her grandchildren sleep.

Outside is an outhouse the family members share -- a situation faced by almost every family on the Pikangikum reserve, 300 kilometres northeast of Winnipeg.

When the pit starts to fill with excrement, the Turtles fill it in, dig a new hole nearby, and move their floorless outhouse shack over it.

Also on the property are the gravesites of relatives, including some of the seven children Turtle has lost to suicide.

She's not sure why most of her 12 kids took their own lives, but it's not shocking in a community that has suffered one of the highest suicide rates in the world.

"After all the things I've gone through, I'm hoping my grandchildren don't have to go through the same things," Turtle says.

The community of 2,200 has a litany of problems that start with basic infrastructure.

Half of the 430 homes are falling apart and unfit to live in, yet continue to be occupied. Ninety per cent don't have running water or indoor toilets. Turtle and many other families haul water in jugs from the community's water treatment plant. Some draw water from a lake and boil it to make it safe.

Still, many in the community believe there is hope for the future.

After years of fighting the federal government over funding, a deal may be close at hand to build water and sewer lines, and more housing.

Federal officials and local leaders formed a working group in November to tackle the priority areas, and will meet again this week. Indian Affairs Minister Jim Prentice has promised swift action.

"We've made significant progress at the table," Prentice said last month. "In the new year, people will see us moving in a very tangible, concrete way."

Community residents are cautiously hopeful.

"This is something we've heard in the past," said Dean Owen, who served as chief for 18 months until last fall.

"There is hope . . . that all these things will start happening."

The band has received money to build about 10 new homes in each of the last several years, Owen said, but it's not enough to keep up with a growing population and the need to replace dilapidated houses.

Work to connect homes to the water treatment plant has been stalled since 2001, when the former Liberal government took over the band's finances. The books were in order, but the government felt the band was not addressing the community's social problems, including its alarming suicide rate.

Last September, a regional medical officer of health based in Kenora said Pikangikum's water troubles were putting residents at risk of developing disease. The town's electrical supply -- a diesel generating station -- is so overtaxed that residents were told not to put up Christmas lights this season.

Still, there are signs that life has begun to improve.

Mick Staruck, principal of Pikangikum's school, said the youth suicide rate peaked in 1999, when a half-dozen kids in his Grade 7 class alone took their own lives.

Over the last two years, only two children in the entire school have ended theirs.

Staruck credits a new wave of dedicated teachers recruited specifically from northern areas, along with new after-school programs and sports that have kept kids engaged and off the streets.

The school has forgone new supplies in order to hire its first guidance counsellor as well as several teaching assistants.

NAN press release ...

NAN and Kakegamic Family Disappointed with Decision by Chief Coroner to Deny Appeal

THUNDER BAY, ON, Jan. 4 - Nishnawbe Aski Nation (NAN) Deputy Grand Chief Alvin Fiddler together with Margaret and Isaac Kakegamic are disappointed with the decision of the Chief Coroner to deny the appeal made for an inquest into the death of Max Kakegamic.

"This is just another example of how the system has failed Max and his family at every level. There seems to be a double standard when it comes to applying these laws on First Nations. There is no consistent application of rules," said Deputy Grand Chief Alvin Fiddler who, together with Margaret and Isaac Kakegamic, appealed a previous regional decision to deny an inquest to Chief Coroner Dr. Barry McLellan on March 27, 2006. "This would have been a good case for an inquest."

North Spirit Lake First Nation community member Max Kakegamic was killed on the streets of Kenora October 4, 2000. When the case went to trial January 2004, charges against the only suspect were stayed because of irregularities in the investigation. Kenora Police Services' Lloyd White, Tom Favreau, and Const. Chris Ratchford were cited for police misconduct in the ruling by Superior Court Justice Peter Hambly.

Kenora Police Services confirmed with NAN shortly after the 2004 judgement the investigation into the death of Max Kakegamic was not proceeding.

"We had hoped the appeal would have been approved. We have been waiting for answers for the last six years and we really thought this was going to be our opportunity to get those answers. It's difficult for our family to heal without knowing that justice has been served," said Max's mother Margaret Kakegamic from her home in North Sprit Lake First Nation - one of 49 communities part of NAN.

Among the reasons cited in Chief Coroner Dr. McLellan's letter denying the appeal was that in this case he did not feel a jury would be in a position to make recommendations that would help the avoidance of death in similar circumstances nor did he feel it was desirable for the public to be fully informed of the circumstances of the death through an inquest.

For further information: Kristy Hankila, Communications Assistant, Nishnawbe Aski Nation, (807) 625 4902, (807) 472 9604 (mobile.); Kimberly Murray, Executive Director, Aboriginal Legal Services of Toronto, (416) 408-4041 ext 225

From Heritage Canada press release (for more information about applying to become a Cultural Capital of Canada visit http://www.canadianheritage.gc.ca/progs/ccc/index_e.cfm)

Wendake Designated a 2007 Cultural Capital of Canada

OTTAWA, December 18, 2006 - On behalf of the Honourable Beverley J. Oda, Minister of Canadian Heritage and Status of Women, the Honourable Josée Verner, Minister of International Cooperation and Minister for La Francophonie and Official Languages, today announced that the Huron-Wendat Nation of Wendake, Quebec, has been designated a 2007 Cultural Capital of Canada, in the less than 50,000 population category. Comox Valley, British Columbia; Edmonton, Alberta; Baie-Saint-Paul, Quebec, and Moose Jaw, Saskatchewan have also been named Cultural Capitals for 2007.

"Canada's New Government is dedicated to enriching the lives of Canadians by supporting projects that increase their access to the arts and culture," said Minister Oda. "The Cultural Capitals of Canada Program celebrates the unique character of Canadian municipalities and recognizes the important role they play in highlighting the richness and diversity of our culture."

"I'm proud that this community has been recognized for its commitment to nurturing arts and culture as a part of life here in Wendake," said Minister Verner.

Located 10 kilometres north of the city of Québec, Wendake has a strong sense of place, and this is reflected in its cultural programming. Carrefour des Nations, a festival of contemporary Aboriginal arts and culture, will showcase the First Nations artists and their unique culture. There will also be theatrical productions, exhibitions, literary readings, musical performances, and a traditional pow-wow, which will include exchanges with First Nations from around the world. These initiatives will leave a lasting legacy as a testimony to Wendake's commitment to the arts and culture.

The Cultural Capitals of Canada awards recognize the achievements of communities that demonstrate an ongoing commitment to the arts and culture. Funding is awarded for special projects that celebrate arts and culture and create a cultural legacy for the community. The Huron-Wendat Nation of Wendake could receive a contribution of up to $500,000.

An independent advisory committee, composed of the mayors of the 2006 Cultural Capitals of Canada and experts in the arts and culture fields, unanimously recommended the communities to be designated to Minister Oda.

Canadian municipalities and First Nations, Inuit, and Métis communities can apply to this program. The Department is currently evaluating applications for the 2008 and 2009 awards. The application deadline for the 2010 Cultural Capitals of Canada awards is October 15, 2007.

A list of all applicant communities, a summary of the projects of the designated communities, and the maximum possible funding they can receive can be found on the Department of Canadian Heritage website at www.canadianheritage.gc.ca under Media Room.

Fact Sheet 1 - 2007 Cultural Capitals of Canada

Edmonton, Alberta - Category: Population over 125 000
Maximum contribution: $2 million

"Building Connections" emerges from Edmonton's recognition of the contribution made by culture to quality of life. In keeping with this vision, 2007 will set the scene for a series of projects, which includes a year-long poetry festival. "Nightworks," a series of performances and light displays, will highlight the city's urban landscape. "Edmonton Explorations" will feature visual and media arts productions and exhibits by local artists. The year 2007 will truly be dedicated to "building connections" as Edmonton showcases its cultural vitality and the diversity of its population and strengthens ties between citizens and artists.

Comox Valley, British Columbia - Category: Population between 50 000 and 125 000
Maximum contribution: $750,000

"Land of Plenty" brings together five communities in the Comox Valley, whose name comes from the First Nation word k'omoks, which means "a celebration of creative abundance." From the creation of an original musical theatre production immortalizing local legends to the preservation of Aboriginal cultural traditions and public art installations and performances, "Land of Plenty" celebrates the cultural history and vitality of all five communities and involves residents and visitors in exploring and celebrating the links between these communities' landscape, heritage industries, and creative sector.

Moose Jaw, Saskatchewan - Category: Population under 50 000
Maximum contribution: $500,000

Moose Jaw's commitment to the arts and culture shines through in its "Year of the Creative Person." Celebrations include an art project and workshops to introduce the public to works and techniques of an Aboriginal painter and a sidewalk artist, a summer play exploring Moose Jaw's colourful reputation as the "Chicago of the Prairies," drama camps for children, and song-writing workshops. Moose Jaw's strong sense of community spirit will be highlighted throughout the year as a 2007 Cultural Capital of Canada.

Baie-Saint-Paul, Quebec - Category: Population under 50 000
Maximum contribution: $500,000

"Célébrer le passé, construire l'avenir" features cultural heritage and its place in contemporary times. Among the many projects planned are a contemporary symphonic work based on The Lord of the Rings, screenings of documentaries about the region in store windows, and a publication of quotes by local residents. This community has demonstrated a strong commitment to celebrating the past while focusing on the future. Pride in its achievements is a theme reflected throughout its proposal and a concept embraced by the entire community.

Wendake, Quebec - Category: Population under 50 000
Maximum contribution: $500,000

Located 10 kilometres north of the city of Québec, Wendake has a strong sense of place, which is reflected in its programming. Its artists and unique culture will be at the forefront, with "Carrefour des Nations," a festival of contemporary Aboriginal arts and culture. There will also be theatrical productions, exhibitions, literary readings, musical performances, and a traditional pow wow, which will include exchanges with First Nations from around the world. These initiatives will leave a lasting legacy as a testimony to Wendake's commitment to the arts and culture.

Press Release ...

NAHO Nomination Call for 2007 Aboriginal Youth Role Models

- GET YOUR NOMINATIONS IN! -

We are pleased to announce a "Nomination Call for 2007" for Canada's top Aboriginal youth role models.

What:

Lead Your Way! the National Aboriginal Role Model Program provides an opportunity for Aboriginal youth to be recognized for their achievements, leadership and innovation. Role models may be First Nations, Inuit or Métis youth between the ages of 13 and 30 years old.

Who:

Aboriginal youth (between the ages of 13 and 30 years old) can nominate their role model by filling out the nomination form. The nomination form has various attributes that fit your role model.

When:

Nominations will close on Monday, April 2, 2007.

How:

You can nominate an Aboriginal youth for Lead Your Way! by completing a nomination form. Please download one of the following nomination forms:

1. Nomination Form (MS Word Document)
2. Nomination Form (PDF)

Please mail your nomination form to:

National Aboriginal Role Model Program
National Aboriginal Health Organization
220 Laurier Avenue West, Suite 1200
Ottawa, ON K1P 5Z9

Or fax to: (613) 233-1853

Checklist - Make sure that:

• The role model and nominator must be Aboriginal (First Nations, Inuit or Métis) youths between the ages of 13 and 30 years old.
• The nomination form is fully completed along with signatures (nominator and references).

You have the option of submitting the following:

• A short biography of your role model, 1-2 pages.
• Letters of support from references.
• Copies of other supporting documents.
• Photo of your role model.

For more information please contact:

Karin Kettler
National Aboriginal Role Model Program
National Aboriginal Health Organization
220 Laurier Ave. West, Suite 1200
Ottawa, ON, K1P 5Z9

Toll-free: 1-877-602-4445
Tel: (613) 237-9462 ext. 548
Fax: (613) 233-1853

E-mail: kkettler@naho.ca / leadyourway@naho.ca

Click here to read the following Globe and Mail story online

Revealing new layers of dark history
BILL CURRY - From Tuesday's Globe and Mail - Posted ON 02/01/07

OTTAWA — The painful, personal stories of Canada's residential schools will soon include the perspective of the alleged abusers, as teachers' private journals and thousands of other documents held by churches are gathered and released for the first time.

The massive exercise is part of a five-year project to document one of the darkest chapters in Canadian history.

Called a Truth and Reconciliation Commission, the $60-million project is a key, but mostly overlooked, aspect of Ottawa's residential-schools agreement. The $1.9-billion settlement was officially approved by the courts last month.

The project bears the same name as the six-year commission led by former Anglican archbishop Desmond Tutu in South Africa, where people of all races shared searing personal stories of violence and racism during the country's apartheid past.

The purpose of Canada's exercise is to give former students a formal opportunity to tell their stories and to create a final report that will be Canada's official historical record of the period.

But while the report will focus on the broad perspective, many natives will also want to access the papers and photos to learn about their own experiences and family history, said Phil Fontaine, national chief of the Assembly of First Nations, himself a victim of residential-school abuse.

Seeing the meticulous church records will be an important new part of the story, he said.

“We will learn what transpired on a daily basis — because the officials kept daily journals — and come to understand how they viewed these schools, the children that they were responsible for,” Mr. Fontaine said. “This is an important missing piece at the moment. Because all we've heard is the stories of the survivors, and this is just now coming out. But we haven't heard from the churches.”

Amid widespread claims by former students of physical and sexual abuse, the process presents the possibility that victims could look up the diaries of their abusers.

A statement of principles in the terms of reference states that the commission must “do no harm” and that all involvement must be voluntary, but the process is sure to be difficult for many who take part.

Mr. Fontaine conceded that the process will be painful at times, but he said it will ultimately help natives move on and allow all Canadians to understand the impact residential schools had on native society.

“We have to be prepared to expose the ugly truth of the residential-schools experience because that's part of the healing and reconciliation that has to occur. We know that it's been traumatic for survivors . . . this is not easy because we're dealing with painful experiences. But it's all very important. This is not about causing further harm to individuals. It's really about making things better and fixing things and making sure people understand this experience in a way that will enable us to turn the page.”

Three commissioners will be named to hear from former students and teachers and comb through the historical records currently archived by churches and governments.

The records include thousands of photographs, student profiles, reports by visiting church officials and teachers' personal journals.

Residential schools were originally an extension of the missionary work of European religious settlers who sought to convert aboriginals to Christianity. The federal government became involved in joint ventures with the churches in 1874 and took over the schools completely in 1969. The last residential school closed in 1996.

While specific lawsuits dealing with sexual and physical abuse continue, the $1.9-billion settlement recognizes that all students suffered through loss of culture and language and by being forcibly removed from their homes to live at the schools.

Although the commission will have access to any records it wishes, meetings are under way to determine the level of access extended to individual survivors.

Public release of the records will be subject to the federal access-to-information and privacy laws, meaning that individuals named in the documents will likely have to be consulted. Library and Archives Canada will be closely involved in the effort, but the undertaking is clearly daunting for those in charge of the records.

Nancy Hurn, the national archivist for the Anglican Church, manages the church's records with the help of one part-time assistant.

The church is willing to share whatever is needed, she said, but she is concerned about meeting the volume of requests that are likely to flood her desk. The commission's terms of reference says a report on “historic findings and recommendations” must be produced within the first two years.

“I think that is the one thing in the agreement that gives me concern. One is the timing and the other is how the [access and privacy] legislation is going to be applied,” she said. “We're doing everything we can to make them available.”

An August survey report from Leger Marketing completed for and funded by INAC reveals a high level of ignorance and prejudice among non-native residents of urban centres towards First Nation residents. The two stories below discuss the implementations of this survey with the Macleans' story making Aboriginal issues an election issue for 2007.

Click here to read the following CanWest News story online

Majority of non-aboriginals oppose new urban reserves: poll by Jack Aubry, CanWest News Service and published January 02, 2007

OTTAWA - The majority of Canadians who live near First Nations communities oppose creating new reserves in urban centres such as the one recently recommended for a troubled northern Ontario reserve, saying it would have a negative impact on the surrounding region, a newly released national poll reveals.

The survey of Canadians in eight cities across the country located near aboriginal communities found 51 per cent opposed to the prospect of the federal government creating new reserves in urban centres while 42 per cent were favourable to the idea. Among those opposed, 27 per cent said they are strongly against it while 24 per cent say they are somewhat opposed.

Meanwhile, only eight per cent are strongly in favour of relocating the reserves near urban centres while 34 per cent somewhat favour the idea.

The Department of Indian Affairs and Northern Development is making the poll public after an adviser to the federal government recommended that the troubled Kashechewan reserve in Northern Ontario be relocated near Timmins, 450 kilometres south of its current location on the shores of James Bay.

Indian Affairs Minister Jim Prentice has said it will be up to the community and not the federal government whether they accept the move.

Part of a report prepared by Alan Pope, a former Ontario provincial politician, was a poll of the reserve, which showed a significant majority of residents believed it was in their best interests to move their community closer to an urban centre.

Kashechewan residents have been evacuated three times in the past two years: Twice due to flooding and once last fall due to water contamination.

Pope's report found a bleak existence at Kashechewan with inadequate housing, water supply, school and health system.

Leger Marketing conducted the poll among respondents from Sydney, N.S., Fredericton, N.B., Quebec City, Sarnia, Ont., Winnipeg, Saskatoon, Calgary and Kamloops, B.C.

The Department of Indian Affairs and Northern Development hired the polling firm to conduct a study among non-aboriginal people living near reserves across Canada to better understand their attitudes towards First Nations and their position on creating new reserves.

The poll cost the federal government $67,410.

The poll also found that 46 per cent of the non-aboriginal respondents think the creation of an urban reserve would have a negative impact on the surrounding region, while 41 per cent believe the impact would be positive.

More revealing was the response to the possible benefits for the nearby cities where the reserves would be moved. Forty-four per cent said they believe creating aboriginal reserves will have "limited''benefits on their region while 35 per cent responded it would generate absolutely no benefits. Only 14 per cent said they believe such a move would create any "real'' benefits.

Other noted perceptions:

• 71 per cent believe aboriginals rely too much on governments;
• 61 per cent believe natives are taking measures to become more autonomous towards governments;
• 64 per cent think it is unfair to permit smoking in casinos located on reserves;
• 53 per cent judge that it's fair to allow aboriginal people to build casinos on reserves but unfair that they are allowed to sell products on reserves at cheaper prices;
• 48 per cent do not believe natives are victims of discrimination while 46 per cent believe they are.

The survey's final report, delivered in August to the department, noted one important point: ''Regional differences are the most important factor affecting the variation in responses on these issue areas across Canada.

'Indeed, we have observed that, in general, residents of Sydney and Fredericton have a better perception of aboriginal people, while respondents from Winnipeg and Saskatoon have a poorer perception of the First Nations situation.'

While the report denied that Quebecers had a negative perception of aboriginal people, it was found to be the region with the least amount of sympathy for their plight. ''When it comes to feelings of equity, they are more likely than Canadians in other regions to perceive that aboriginal people benefit from unfair advantages,''it said.

And when it comes to the impact of the creation of new reserves, Quebec and Sarnia residents were the most skeptical ones, with more than 80 per cent of those surveyed saying there would be limited or no benefit to their regional economies.

The report is based on 3,208 telephone interviews between June 26 and July 15 with non-aboriginal respondents aged 18 or older in eight cities from coast to coast. The margin of error for the national results is plus or minus 2.4 per cent, and plus or minus 4.9 per cent for each region, 19 times out of 20.

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Click here to read the following Macleans' story

Not going quietly - Resistance to the proposed move of the infamous Kashechewan reserve could put native issues in the national spotlight
Philippe Gohier, Macleans.ca - January 3, 2007

Their water was filthy. Their community was susceptible to flooding. Their housing was beyond decrepit. And so, for a brief period in the fall of 2005, the sickly, rash-ridden residents Kashechewan found a place in the public consciousness.

Soon, the northern Ontario reserve may return there. And in what might just be an election year, it threatens to bring other native issues with it.

A year after Kashechewan's woes came to light, Alan Pope, a former Ontario cabinet minister hired as a special adviser to the Minister of Indian Affairs, issued a report recommending the community be moved some 450 kilometres south to the outskirts of Timmins. Pope's report considered the alternatives, including leaving it where it is. But in the face of a crumbling infrastructure and a staggering 87% unemployment rate, the last best hope was apparently to shut the whole thing down and start anew.

"The benefits of such a relocation are clear," Pope said. "This will offer the greatest advantage of improved economic and individual opportunities."

But the relocation of native reserves to urban areas raises at least two delicate questions that have become the subject of debate. First, do the residents actually want to leave? And second, do their new neighbours want them?

When the federal government recently commissioned a poll on the latter question, it produced fairly disconcerting results.

The survey, conducted among non-aboriginals in eight Canadian cities located near native communities, found that 51% of respondents were opposed to the creation of urban reserves; only 42% were in favour.

What's more, Kashechewan's deputy chief, Philip Goodwin, told The Globe and Mail that many Kashechewan residents are reluctant to move closer to Timmins and prefer the option of simply moving to higher ground.

"Lately I've been hearing a lot of people [talk] about moving up the river," Goodwin said, contradicting Pope's analysis of local sentiment. "There's not too many people who are interested in going down south, but the answers will be at the end of February."

Those answers will come from the community-wide, door-to-door canvassing the council plans to undertake later this month - which, according to Goodwin, will dictate its formal response to Pope’s relocation proposal.

Should the council reject the proposal, Kashechewan would join two other high-profile native issues that remain unresolved. And combined, they could mark the rare occasion on which a federal government is put on the hot seat for its aboriginal policy.

First, there is the previous government's Kelowna Accord - the implementation of which was made one of the Liberals' top priorities at their recent leadership convention.

Prime Minister Stephen Harper has said his government is committed to the "principles and objectives" of the Accord, which calls for $5.1-billion in targeted funding to reduce the gap in quality of life between aboriginal and non-aboriginal communities. But its absence from the Conservatives’ budget last February has left him open to criticism from its supporters.

Last spring, Canada's western and territorial leaders unanimously endorsed the deal. And this past October, former prime minister Paul Martin - who negotiated the Accord - presented a private member’s bill aimed at forcing the Conservatives to implement it. The vote passed handily - garnering the support of the Liberals, the Bloc Québécois and the NDP, but not the Conservatives.

Then there are last year's clashes over disputed land in Caledonia, Ontario, which invoked memories of Oka and Ipperwash. With 1,000 land claims still outstanding, the possibility looms large that another of them could devolve as Caledonia has.

"Any one of them could trigger the same reaction," Ontario regional chief Angus Toulouse has said. "That's the unfortunate thing - we're going to see much more of that. There is a sense nationally and regionally that there is this frustration."

Native policies have rarely emerged as major election issues, and an expected campaign this year is more likely to focus on the environment, Afghanistan, and – at least inside Quebec - the fiscal imbalance. But the lingering confusion over Kashechewan, along with pressure to implement the Kelowna Accord and the simmering anger over the land claim in Caledonia, could finally push such issues into the political mainstream.

From the Lieutenant Governor's press release

Lieutenant Governor Issues Province-wide Appeal for Books for Aboriginal Children

TORONTO, Jan. 2 - The Hon. James K. Bartleman, Lieutenant Governor of Ontario, is appealing to Ontarians to once again bring the magic of books to Aboriginal children by donating new or gently used books during the month of January. Books can be dropped off at any OPP Detachment across Ontario or at the 17 Toronto Police Services Stations across the Greater Toronto Area.

The Lieutenant Governor believes in the transformative power of books. "Too many native children in remote fly-in communities do not know how to read. Too many lack self esteem. Too many lack hope. Too many believe that no one cares about them. Too many take their lives in despair. And too many do not have ready access to libraries that we take for granted elsewhere in the province." said Mr. Bartleman.

"And without books, the children will never learn to read, will never develop the self-esteem that comes from obtaining an education and will never escape the despair that fuels the suicide epidemic among children and youth that has been raging out of sight and out of mind in the north of our province."

Three years ago the people of the province responded magnificently when the Lieutenant Governor launched an appeal to establish libraries in the remote communities. This time his focus is on obtaining new or gently used children's and teenage books to top up these libraries. Any surplus books will be provided to native communities elsewhere in Canada.

"I am proud that the OPP is once again opening its detachments as book collection sites and that the Canadian Forces, through the Land Force Central Area, the army in Ontario, have again offered their assistance and will help to deliver books. The addition of Toronto Police Services to this second book drive will ensure that residents of Canada's largest city will have ease of access as to where they can drop off books."

Since 2004 Mr. Bartleman has introduced four initiatives to promote aboriginal literacy:

• The Lieutenant Governor's Book Program;
• School Twinning Program;
• Summer Literacy Camps; and,
• Club Amick, a reading club for children in fly-in First Nation communities.