Mettre fin à la discrimination dans la transmission du statut: une responsabilité qui dépasse une seule minister

Je réfléchis depuis longtemps à cette question qui revient sans cesse dans les rassemblements des Premières Nations. Comment mettre fin à la discrimination dans la transmission du statut d’Indien d’une génération à l’autre. Cette question a occupé un panel devant les chefs réunis à Ottawa cette semaine. Le projet de loi S-2 avance au Sénat et, pour la première fois depuis des décennies, il semble enfin possible d’éliminer la règle de la deuxième génération. Pourtant, au cœur de ce débat se trouve une figure qui me touche profondément, la ministre Mandy Gull-Masty.

 

Je le dis sans détour. Je la plains. Non pas par condescendance, mais parce qu’elle a accepté un rôle que jamais une personne autochtone ne devrait porter seule. Elle est devenue, malgré elle, l’agente indienne moderne. Elle est devenue celle qui doit défendre un système conçu pour réduire notre nombre. Elle est devenue la voix publique d’une loi qui ne sert pas les intérêts de nos peuples, mais ceux du gouvernement du Canada.

 

Quand Justin Trudeau est arrivé au pouvoir en 2015, plusieurs se demandaient pourquoi aucun député autochtone n’avait été nommé ministre des Affaires indiennes. Après avoir moi-même servi comme député, je comprends mieux. Une fois à l’intérieur du gouvernement, vous passez vos journées à tenter d’équilibrer trop de responsabilités contradictoires. Vous devez appuyer le premier ministre et la ligne gouvernementale. Ensuite, vous devez essayer de répondre aux attentes de votre peuple. Vous portez vos convictions personnelles, vos rêves pour les générations futures, vos obligations envers les ancêtres. Vous essayez de ne blesser personne et vous finissez par vous blesser vous-même.

 

Lorsque j’étais au caucus national, j’ai pris la parole pour dénoncer la règle de la deuxième génération lors d’un débat similaire sur la Loi sur les Indiens dans le cadre du projet de loi S-3 en 2018. On m’a accordé 90 secondes pour expliquer pourquoi cette discrimination détruit nos communautés. Deux ministres se sont ensuite levés pour contredire mes propos et ont parlé pendant 10 minutes. Je me souviens de leur malaise. Je me souviens aussi de mes collègues qui ne comprenaient pas pourquoi deux ministres adoptaient une position si dure. C’était pourtant clair. C’était la position du gouvernement. Ils savaient ce qu’ils faisaient. Ils savaient que le gouvernement protégeait un système qui garde nos peuples divisés et réduit notre nombre à chaque génération. Ils savaient qu’en freinant ces changements, ils refusaient à des enfants le droit de rester dans leur propre communauté.

 

La Loi sur les Indiens sert toujours les intérêts du gouvernement. Elle organise la disparition lente et administrative des Premières Nations. Sharon McIvor, militante infatigable, l’a rappelé cette semaine. Elle affirme que la loi est un document d’extinction. Si la règle demeure, plusieurs communautés n’auront plus aucun membre inscrit. Sans statut, nous perdons nos droits, et nos terres reviennent à la Couronne.

 

Dans ce contexte, Mandy Gull-Masty défend une position prudente. Elle affirme vouloir un chemin différent. Elle souligne que les outils nécessaires pour accompagner les communautés ne sont pas définis. Elle rappelle que les Premières Nations ne sont pas toutes identiques. Tout cela est vrai. Mais cela ne répond pas à la question essentielle. Devons-nous mettre fin à la discrimination maintenant ou poursuivre encore des consultations qui durent depuis des générations.

 

Je crois que si la ministre est crie, alors elle doit être une guerrière. Elle doit lever le poing et être prête à quitter son poste si le gouvernement refuse de reconnaître les droits fondamentaux des enfants de nos nations. Quand elle quittera la politique pour de bon, ce ne sera pas son titre ministériel qui comptera. Ce sera sa capacité à dire qu’elle a accompli quelque chose de valeur pour les générations à venir.

 

Je dis la même chose au député Jaime Battiste. Lui aussi doit écouter les esprits de ses ancêtres. La politique tente souvent de nous convaincre de jouer un long jeu. Mais le long jeu dans la Loi sur les Indiens est simple. Si nous attendons trop longtemps, il ne restera plus personne à protéger.

 

Aujourd’hui, le Sénat propose enfin d’abolir la règle de la deuxième génération. Le projet de loi passera ensuite à la Chambre des communes. Pour une fois, le chemin est clair. Fierté ou honte. Action ou immobilisme.

 

Il est temps que nos représentants aient le courage d’affirmer que le statut ne doit plus être un outil de division. Il doit être le reflet de notre lien vivant avec nos territoires. La ministre doit agir. Les députés doivent agir. Et nous devons rappeler au gouvernement que nos enfants ne sont pas négociables.

 

Quand le soleil se lève, nous offrons nos prières,
Le cœur du guerrier se tient toujours prêt,
Le courage toujours prêt,
Prêt à rencontrer les ancêtres.

https://ici.radio-canada.ca/espaces-autochtones/2135633/droit-naissance-premieres-nations-citoyennete

https://ici.radio-canada.ca/espaces-autochtones/2110788/c-38-reforme-loi-indiens

Ending Discrimination in the Transmission of Status: A Responsibility Larger than Any One Minister

I have been thinking for a long time about a question that comes up again and again in gatherings of First Nations. How do we end discrimination in the transmission of Indian status from one generation to the next. This question dominated a panel before the assembled chiefs in Ottawa this week. Bill S-2 is moving through the Senate, and for the first time in decades, it finally seems possible to eliminate the second generation cut off. And yet, at the heart of this debate stands a figure who touches me deeply, Minister Mandy Gull Masty.

I say it plainly. I feel sorry for her. Not out of condescension, but because she accepted a role that no Indigenous person should ever have to carry alone. She has become, despite herself, the modern Indian agent. She has become the person who must defend a system designed to reduce our numbers. She has become the public voice of a law that does not serve the interests of our peoples, but those of the Government of Canada.

When Justin Trudeau came to power in 2015, many wondered why no Indigenous MP was appointed Minister of Indian Affairs. After serving as an MP myself, I understand better. Once inside government asa Minister, you spend your days trying to balance too many contradictory responsibilities. You must first support the prime minister and the government line. Then you must try to meet the expectations of your people. You carry your personal convictions, your dreams for future generations, your obligations to the ancestors. You try not to hurt anyone and you end up hurting yourself.

When I was in national caucus, I spoke out against the second generation cut off during a similar debate on the Indian Act under Bill S-3 in 2018. I was given ninety seconds to explain why this discrimination destroys our communities. Two ministers then stood up to contradict me and spoke for ten minutes. I remember their discomfort. I also remember my colleagues, who did not understand why two ministers would take such a hard line. Yet it was obvious. It was the government’s position. They knew exactly what they were doing. They knew that the government was protecting a system that keeps our peoples divided and reduces our number with every generation. They knew that by slowing these changes they were denying children the right to remain in their own community.

The Indian Act still serves the interests of the government. It structures the slow, administrative disappearance of First Nations. Sharon McIvor, an indefatigable activist, reminded everyone of this again this week. She argues that the Act is a document of extinction. If the rule remains, many communities will eventually have no registered members at all. Without status, we lose our rights, and our lands revert to the Crown.

In this context, Mandy Gull Masty defends a cautious position. She says she wants a different path. She notes that the tools needed to support communities are not defined. She reminds us that First Nations are not all the same. All of this is true. But it does not answer the essential question. Do we end discrimination now, or do we continue consultations that have lasted for generations.

I believe that if the minister is Cree, then she must be a warrior. She must raise her fist and be prepared to leave her position if the government refuses to recognize the fundamental rights of the children of our nations. When she leaves politics for good, it will not be her ministerial title that matters. It will be whether she can say that she accomplished something of value for those who will come after.

I say the same to MP Jaime Battiste. He too must listen to the spirits of his ancestors. Politics often convinces us to play the long game. But the long game in the Indian Act is simple. If we wait too long, there will be no one left to protect.

Today, the Senate is finally proposing to abolish the second generation cut off. The bill will then move to the House of Commons. For once, the path is clear. Pride or shame. Action or stagnation.

It is time for our representatives to have the courage to say that status must no longer be used as a tool of division. It must be the reflection of our living connection to our lands. The minister must act. MPs must act. And we must remind the government that our children are not negotiable.

When the sun rises, we offer our prayers,
The heart of the warrior is always ready,
Courage always ready,
Ready to meet the ancestors.

 

The Sun Dance: Connecting with the Children (Media and the Great Debate)

A controversy has erupted in Manitoba. The first time since the 1960s a Sundance ceremony has been recorded. There have been many negative and positive comments about this. APTN the Canadian National Aboriginal TV Network did a three part mini series in June 2013. What are some of the reasons against or for sharing the Sundance ceremony?

At the end of the Sundance with my boys

In the 19th century up until the mid 20th century many of the traditional ceremonies were recorded both in word, but visually with photos and later in video. Many of those doing this recording were anthropologists, Indianophiles and in the 1950s and 60s Indigenous peoples themselves. There was a tendency after the 1900s to start hiding the ceremonies because religious officials and government agents would take children during the ceremonies and they had been declared illegal both in Canada and the United States. 

To see the video

Grand Chief Derek Nepinak and (Human) Treaty Rights

On September 18, 2013 the Grand Chief Derek Nepinak of the Assembly of Manitoba Chiefs came to the University of Manitoba to give his vision for treaty rights and relations between First Nations (or Status Indians - there was a whole debate surrounding this term) and the federal government.  GC Nepinak has been very controversial in the past year having very closely aligned himself with the Idle No More movement and has presented a opposing vision of the relations that should exist between First Nations and the Federal government. While some have accused him of trying to destroy the Assembly of First Nations when you hear CG Nepinak speak you hear someone who is concerned that the current system is not working for First Nations peoples and the current approach in dealing with the federal government is in fact not allowing First nations to be strong and self-reliant peoples, but peoples living in dependence. 

GC Nepinak has now set up another national organization of a Treaty Alliance which hopes to bring recogogniztion and respect of the treaties that have been signed by the crown and First Nations. He was introduced by Dr Niiganan Sinclair (UManitoba). He partially addressed the idea that his work is not only so he may challenge for the position of GC of the Assembly of First Nations, but promote greater understanding between Aboriginal peoples and Canadians. He certainly demonstrates that he does not beleive the approach used by current AFM leadership is working. I should note he never actually said he was interested in being CG of the AFN, but there seems to be an undercurrent pushing him to this position.

CG Nepinak is asking for a return to a original understanding of the treaties. It is a very difficult line to walk between building and destruction An Elder said to me it is easier to destroy than to build or we can live in two ways, the path of chaos or the path of the good life. It will certainly be an on going debate for years to come. If the work of GC Nepinak in Manitoba and all treaty territories to change the way First Nation peoples deal in their relations with the federal government and all Canadians starts gaining greater traction, we must remember where it started. 

To Learn More (Video)

http://youtu.be/wUh0pEkp3ek

A Sacred Journey For Future Generations: Marching for Human Rights



Nancy Greyeyes, Winston Wuttunee
& Robert-Falcon Ouellette
Earth Day Celebrations
Thunderbird House, Winnipeg MB

21 April 2013







Nancy Cycil Greyeyes originally a marcher with A Sacred Journey For Future Generations (under the guidance of Bruce McKenzie)  is now walking with another group Journey for Earth going into the populated areas of Ontario. These groups have been marching from Stanley Mission (Saskatchewan) to Toronto to Ottawa; a trek of over 3450 km between March 16-June 21.   



In an interview with Nancy Cycil Greyeyes (Cree) from Muskeg Lake Cree First Nation we talk about why she has put her life on hold to march to Ottawa. She is concerned about Idle No more and the lack of consultation that federal government has used to pass laws which she terms illegal. She feel that there is an illegality in the governments actions in passing Bill C-45 which will lead to the destruction of the environment, because there was no free and informed consent on the part of First Nations people. Nancy talks about how it will be the seven generation who will have it hardest because when the water can no longer be used or you can no longer feed yourself on the land, that generation will have nothing. We had our conversation during the groups arrival in Winnipeg on April 22, 2013 during earth Day celebrations. They had marched from Central Park to the Forks (Oneda Circle for a ceremony) and on to Thunderbird House where a feast was held late into the night. We talked beside Winston Wuttunee (Cree Elder) and Arden Ogg (photo taken Arden).

I asked Nancy about Idle No More (INM) and wanted to know if she felt that INM had made an error in talking about treaty. Many Canadians see the idea of treaty as special rights and some are very opposed to treaty for this reason. I asked should INM have been talking about Human Rights translate the terms into something that the average Canadian can understand. Nancy said "treaty is not just about the land, between men it is between all of creation. We have Treaty with the animals, the moose, the birds, the water, the land. We have broken our part of the Treaties" and we will suffer for breaking the Treaties. This is why Nancy walks.

Why is it that Natives March? Why do they not stay at home and protest, why do they walk thousands of km to go and see the "Great White Father"? As an anthropologist this is perhaps the most interesting aspect of INM. Instead of having a riot and destroying property Natives they walk and bring an angry message based founded on peace about promises that have not been respected and the injustice of the system. In 2010 I walked with Michele Audette and her Marche AMUM (Quebec City to Ottawa) marching for changes in the Indian Act and the rights of women and the children. I have interviewed Leo Bastawang about his March4Justice (2012) and the Indian Act as a colonial piece of legislation or the The Journey of Nishiyuu (2013) from the Cree community of Whapmagoostui walked to Ottawa inspired about INM and Bill C-45. 

As the Indigenous peoples we continue to march and demand justice through action. 



Sacred Journey Walkers
on the banks of The Assiniboine River.
16/04/2013 Idle No More
photo by Nancy Greyeyes



To Learn More (podcast)

http://archive.org/download/NancyGreyeyesASacredWalkForGenerationsApril212013Interview/NancyGreyeyes27June2013.mp3 

Message Lost in Translation: The Indian Act & No Way Forward

This is an interview in french only that (Oct 22, 2012) I did with Radio-Canada about the Indian Act and the motions presented by liberal leader Bob Rae and the conservative Tory MP Rob Clarke in late 2012. Both Parties had presented very opposing points of view about how they see the need for changes to the Indian Act and how these changes should be implemented.

The Conservative point of view is to have a slow incremental changes while the liberal point of view is that the Indian Act should have massive change after consultations with First Nations. The problem is neither is really an adequate solution because the conservative view will modify an imperfect system and make it only more functional, but still imperfect while the liberals are not likely to get much consensus from politicians and First Nations. The proverbial Rock and a Hard place. perhaps we should all move to England and start a fresh.

I think the need for a major overhaul of the Indian Act is long overdue, but as we know the Conservative have no mandate (example Senator Brazeau) and have little chance to bring about consensus. The excuse that consensus will never come so we must impose a solution is also wrong. It is time we spent some long hard hours talking between Canadians about these issues. The issues though must be worded in terms that the average Canadian can understand, Human Rights. If First Nations people continue to use the term Treaty Rights, we will be talking to ourselves. We need to allow the average Canadian the ability to have a reference point something they can grasp.

For most Canadians they see treaty rights as being special rights that they do not have, wrongly or rightly this is the impression. While attending the American Indian Studies Conference in Phoenix Arizona on Feb 7-8 2013 I was in a hot tub with three Canadians and a couple of Americans. there were two parts to our debate the first part was after we each talked I realised we were not sharing the same common language about the issues. I changed my language and we finished the very constructive debate of 2 hours about the idea of human rights to education, housing, food security. The Canadians got it and understood when it was done in these term. Paul Nadasdy wrote a book Hunters and Bureaucrats: Power Knowledge and Aboriginal State Relations in the Southwest Yukon where he talks about how Aboriginal peoples must translate our concepts and understanding into term that average people can understand.

Interview with Radio-Canada about the Indian Act

http://www.youtube.com/watch?v=zSIrDCmJ7UM&feature=g-crec-u 

A friend of mine Leo Baskatawang, who walked across Canada to change and abolish the Indian Act also talks about this issue: March4Justice
http://www.attheedgeofcanada.blogspot.ca/2012/11/leo-basktawang-march4justice-dragging.html

Buffy Sainte-Marie Inspiring Generations of Canadians & Idlenomore



Buffy Ste-Marie &
Robert-Falcon Ouellette
Aboriginal House U of M
29 January 2013



I heard perhaps one of the most important speeches I will hear this year (Jan 29, 2013) by peace activist, artist and Cree woman Buffy Sainte-Marie about her thoughts on Idle no more, Indigenous rights and how we have a positive role to play in improving the lives of those around us. Buffy's message was one where we must stay positive and connect with others to build bridges in a non-violent manner. She discussed her role in the 1960-70s American Indian Movement and how that era has laid the ground work for the current movement to come forward and start addressing these issues and educating Canadians both individually and collectively on the rights of all Canadians to have a decent life based on human values without hierarchy. We each have a role to play according to our skills and desires and we are each important in moving our nation forward. It will not be the leaders who will change the system, but individuals who collectively, one by one, who will bring about improvements in the lives of Aboriginal peoples in Canada.

One of Buffy's words of wisdom related to the idea that European when they first arrived in North America had come from the Spanish Inquisition, they had been engaged in dreadful warfare that had and still was killing millions. When they came here they knew nothing else and simple perpetuated what they had been doing for a thousand years on the Indigenous peoples of North America. While it does not make it right, it makes it easier to understand that they are also victims of themselves and their own culture. We need to help them as well.

“Idle No More is a dream come true for a lot of us across Canada who have been involved with decades of Aboriginal community efforts to make things better,” states Sainte-Marie. “Last week I did a quick iPhone video [of the protests] and it’s gotten tens of thousands of views so that tells you something about the Idle No More team, their expertise in social media, and the many people worldwide who agree with Idle No More. Bill C-45 must not stand” ( The Manitoban).

To Learn More
http://archive.org/details/BuffySte-marieAndIdleNoMoreInWinnipegJan292013 

NEW INFORMATION Thomas King & the Stairwell Interview: The FAKE Indian

THIS INTERVIEW WAS RECORDED WITH THOMAS KING, WHO IT HAS BEEN DISCOVERED IS NO LONGER INDIGENOUS. VERY SAD AND DISAPPOINTING. 

This is an incredible stairwell interview with intellectual Thomas King about his thoughts on those Inconvenient Indians. There are the Indians that are destroying the natural order of things and getting in the way of progress. Civilisation has come the point where it can no ignore the effects of these creatures upon the natural world and its economy. History is full of individuals who have faded from history it is time for something to be done. Thomas King (Cherokee) looks at the history of North America. The book starts as a humorous account while looking at the story of Canada and the United States. As the book progresses you hear the voice of King as it becomes angrier and angrier on the treatment reserved for too many of the Indigenous populations on Turtle Island, it is a true crescendo. For Thomas history is the stories of our past, a past that hold a great power over the present because they exist in the present. History exists today.



Thomas King & Robert Falcon Ouellette
in a dirty old stairwell Nov 2012



The interview was completed during a fire drill at the radio station. We were forced to flee with his wife and his driver Mr Bruce in tow in search of a quiet place to discuss his thoughts and reasons behind his book. We eventually settled on the stairwell of the Pharmacy building. I sat on the floor while Mr King spoke above the din of passing students. It was quite the spectacle and students hushed as they passed realising they should be sending a text message instead of speaking.

To Learn More (podcast & interview)

http://archive.org/download/ThomasKingAndTheStairwellInterviewTheInconvenientIndian/MixdownThomasKingInterviewMain.mp3

Citations

Leo Baskatawang, March4Justice: dragging the Indian Act into the 21st century

Researcher and activist Leo Baskatawang (Anihnaabek) is back to discuss how he has taken applied research to new level. Leo is a Masters student at the University of Manitoba in the Native Studies department. Leo looks back at his March 4 Justice where he marched over 3000 km across the country in his efforts to abolish the Indian Act and replace it with Indigenous Laws that respect Aboriginal people. He marched across Canada from Vancouver to Ottawa.  

 

To Learn more (podcast)
http://archive.org/download/LeoBaskatawangMarch4JusticeAndTheIndianAct/LeoBaskatwangMixdown.mp3

http://archive.org/details/LeoBaskatawangMarch4JusticeAndTheIndianAct

Leo Baskatawang, Applied Research, Marching from Vancouver to Ottawa

Leo Baskatawang is taking applied research to new level. Leo is a Masters student at the University of Manitoba in the Native Studies department. He will be conducting a March (March4Justice) across Canada from Vancouver to Ottawa to discuss and force awareness about the issues surrounding the Indian Act and the inability of the federal government to work meaningfully with First Nations and Aboriginal peoples. Support Leo and his applied research in contacting him as he drags the Indian Act to Ottawa.

APTN Story
http://aptn.ca/pages/news/2012/02/16/iraq-war-vet-set-to-walk-cross-country-for-first-nations-issues/
Twitter
https://twitter.com/#!/march_4_justice
Facebook
http://www.facebook.com/people/Leo-Baskatawang/1172088564#!/March.4.Justice

To Learn more (interview & podcast)
http://archive.org/details/LeoBaskatawangAppliedResearchMarchingFromVancouverToOttawa