WHAT IS CANADA’S FIRST NATIONS TERMINATION PLAN?

Presented By

Russell Diabo

Turning the Tables – Self-Determination NOY Termination

August 18, 2014

Pre-European Contact

Our Creation stories place us here on Turtle Island, which is the North American continent.

We were given our original instructions by the Creator on how to live within the natural World on Mother Earth.

Whatever Indigenous Nation we come from we have Inherent rights, pre-existing rights and responsibilities!

Parts of Presentation

Our Common Colonial History What is Termination? What are Termination Tables

& Who is Negotiating? What Can You Do?

Our Common Colonial History

Canada’s Racist Colonial Origins

Canada bases its territorial integrity and assertion of sovereignty over Indigenous (First) Nations by continuing to rely on the racist and outdated notion of the Doctrine of Discovery.

Early European Contact and Settlement

Our first encounters with European explorers, priests, traders and early settlers at forts was the start of the historic colonization process. They referred to all of us regardless of our Indigenous Nationhood or identity as “Indians”.

Because Europeans were greatly outnumbered by Indigenous Nations for the first 300 years in what has become Canada, representatives of European sovereigns negotiated treaties of peace. Friendship, economic and military alliances.

Pre-Confederation Canada: A British Colony

By 1850, settlement was proceeding and “Indians” were increasingly seen as a barrier to development and a burden to the colonial treasury, assimilation and civilization became central to government objectives in early laws.

Increasingly the spirit and terms of the Treaty relationship were contradicted and ignored.

1867-Canada’s First Constitution & Indian Act

At Confederation, the federal government became responsible for “Indians and Lands reserved for Indians” through s.91(24) of the British North America Act, 1867.

Existing Indian legislation was consolidated by the government in the Indian Act of 1876. This Act embodied all of the contradictions of previous legislation-protection vs. assimilation.

THIS IS THE ORIGINAL TERMINATION PLAN!

INDIAN ACT

Chrétien and Trudeau

1969 WHITE PAPER ON INDIAN POLICY

CONSTITUTION ACT 1982

Supreme Court of Canada:The Judges

END OF MEECH LAKE ACCORD 1990

1990 ARMY IN KAHNAWAKE

Liberal Government’s1993-2006

Crown-First Nations Gathering

AFN-PM MEETINGJanuary 11, 2013

What Is Termination?

Constitutional Colonization vs. Decolonization

Canada’s Termination Plan

Termination means the ending of the pre-existing sovereign status & rights of Indigenous Nations through federal Indian Act legislation (as amended), and/or coercion of First Nations into Comprehensive Land Claims and/or Self-Government Final Agreements that convert First Nations into municipalities, their reserves into fee simple lands and extinguishment of their Inherent, Aboriginal and Treaty Rights.

United States Indian Termination Policy

Canada’s First Nations Termination Plan mirrors the United State’s Termination Policy.

“Indian termination was the policy of the United States from the mid-1940s to the mid-1960s. The belief was that Native Americans would be better off if assimilated as individuals into mainstream American society.”

“In practical terms, the policy terminated the U.S. government's recognition of sovereignty of tribes, trusteeship of Indian reservations, and exclusion of Indians from state laws. Native Americans were to become subject to state and federal taxes as well as laws, from which they had previously been exempt.” [Wikipedia]

TERMINATION PLAN

The Harper government is implementing a First Nations Termination Plan through two tracks:

1) a “Modern” amended Indian Act; and/or through;

2) Self-Government/Comprehensive Claims Final Agreements.

TERMINATION PLAN

Getting First Nations consent to the extinguishment (modification) of Aboriginal Title;

Getting First Nations sign-off on the legal release of Crown liability for past violations of Aboriginal Title & Rights;

Getting First Nations acceptance of the elimination of Indian Reserves by accepting lands in fee simple;

Getting First Nations acceptance to removing on-reserve tax exemptions;

TERMINATION PLAN

Getting First Nations to respect existing Private Lands/Third Party Interests (and therefore alienation of Aboriginal Title territory without compensation);

Getting First Nations to accept (to be assimilated into) existing federal & provincial orders of government;

Getting First Nations to accept application of Canadian Charter of Rights & Freedoms over governance & institutions in all matters;

Getting First Nations to accept Funding on a formula basis being linked to own source revenue;

Cash & Land

Cash & Land: The Comprehensive Claims Formula: $25,600 per head 9.3 Hectares (23 acres) per head

What are the Termination Tables & Who Is Negotiating?

Comprehensive Claims Settlements

Comprehensive Claims & Self-Government

Negotiations

Comprehensive Land Claims & Self-Government

Tables

Turning the Tables: What Can You Do?

Getting Started!

You can start by getting directly involved in the Idle No More/Defenders of the Land Turning the Tables Campaign. Self-Determination NOT Termination!

The federal Termination Legislation/Policies will negatively impact on the majority of First Nation citizens, households, communities and nations.

Inform Yourself!

STEP ONE: INFORM YOURSELF. Find out if your community is at a Termination Table.

Find out what position (if any) your Chief & Council, Tribal Chair, Heads of First Nation Organizations, AFN Regional Vice-Chief, has taken on the federal First Nations Suite of Legislation and/or Termination Policies.

Get more information and read it. If you don’t understand it find someone in your community who can help you understand it. Various First Nation organizations are giving out info on the threats these new federal laws/policies pose for First Nations peoples.

Organize Yourself! STEP TWO: ORGANIZE YOURSELF AND

OTHERS. Start networking and dialoging among family members, other concerned community members and other First Nation citizens, communities and organizations about the impacts of the Termination legislation and/or policies.

Form working-groups, distribute the info by photocopying, faxing, e-mail or social media if you have access to it. Think about events to make your views known to the wider public, maybe fund-raisers to cover costs of activities.

Link up with non-First Nations allies/supporters where possible!

Prepare Material for Media & Public

STEP THREE: PREPARE MATERIALS FOR MEDIA & PUBLIC DISTRIBUTION. Try to get someone with media or public relations experience involved in helping to develop materials, or use materials and advice from other First Nations peoples and organizations. Prepare positive messages to counter the negative federal smear campaign underway; monitor and respond to negative and/or erroneous media reports; identify key spokespeople; develop media contacts; hold press briefings/conferences; don’t forget to contact both aboriginal and non-aboriginal media to make yourself heard.

Take Action!

STEP FOUR: TAKE PEACEFUL ACTIONS. Remember your message will be received and perceived better if you don’t resort to violence. Some suggested non-violent actions to take:

Letter writing, faxing, e-mail & social media campaigns Directed to Prime Minister Harper, Minister of Aboriginal Affairs Canada, Bernard Valcourt, SCAANDNR Members, federal Conservative M.P.’s and Senators, with copies to the New Democratic Party, Liberal Party of Canada, and your local/regional First Nation offices, including AFN in Ottawa.

Take Action!

Get your Chief & Council, Tribal Council, Regional and/or Treaty organization to pass a resolution opposing the federal Termination legislation and/or policies. INM-DOL can help prepare sample resolutions and info kits. Send copies of resolutions to the Idle No More Website for compilation and distribution.

Coordinate with local law enforcement while planning peaceful actions involving demonstrations at local federal governments offices, offices of federal M.P.’s and Senators or elsewhere.

Take Action!

Contact the opposition Party Leaders and Aboriginal Affairs critics of the New Democratic Party and the Liberal Party and send them your information.

It’s up to you to turn the tables on Canada’s First Nations Termination Plan!

If the Plan is successful it will be difficult if not impossible to reverse the consequences and impacts on the daily lives of First Nation Peoples for generations to come. This Plan is more devastating than the original Indian Act was-join our efforts to stop it!