Open Letter to Prime Minister Justin Trudeau

(with copies to Grand Chief Cindy Woodhouse and all concerned parties)

Dear Prime Minister Trudeau,

I write to you in these final days of being Prime Minister, with a new Liberal leader soon to be chosen on March 9th and a general election likely to follow. It has been a remarkable nine years, but time is running short, and there is an urgent matter that must be fully resolved now, rather than left to the uncertainties of a new government. That matter is the long-overdue resolution of the First Nations child welfare dispute—a cause that has persisted under your leadership, with First Nations communities and, above all, their children still awaiting justice.

Much progress has been made, yet despite a potentially historic $47.8-billion proposal to overhaul on-reserve child welfare services, the process remains tangled in legal and political challenges. The Assembly of First Nations (AFN) Chiefs rejected the initial proposal and established the National Children’s Chiefs Commission (NCCC), chaired by Chief Pauline Frost of Vuntut Gwitchin First Nation, to reset negotiations. Canada, however, refuses to meet with the NCCC. Minister of Indigenous Services Patty Hajdu has stated there is “confusion” around the roles of the AFN and the NCCC. Meanwhile, the AFN insists it has clearly communicated that the NCCC should lead negotiations. This standoff directly harms children, families, and communities.

As Elders have often counseled me, kisēwātisiwinihk—speaking and acting from the heart—must guide our decisions. When I served as an MP under your leadership, I received a call from your office during the 2019 election, asking me not to speak publicly about the lawsuit involving First Nations children. I was assured it would be resolved as soon as the election ended. Yet another five years have passed, prolonging injustice. I pray I was not wrong. 

Meanwhile, the Canadian Human Rights Tribunal (CHRT) continues to uphold its 2016 finding that Canada’s child welfare system is discriminatory. Some chiefs, like Derek Nepinak of Minegoziibe Anishinabe, want an “opt-in” clause; others support the new NCCC. Even AFN National Chief Cindy Woodhouse Nepinak faces criticism from regional chiefs who question her closeness to your government.

Amid these political and legal disputes, we risk losing sight of who matters most: the children. They face the damaging consequences of an underfunded, inequitable system—conditions reminiscent of the tragedies once perpetuated by residential schools. Rather than cooperation, letters and legal motions circulate among your ministers, the AFN, the NCCC, and the First Nations Child and Family Caring Society. When the only real mandate should be the well-being of First Nations children, we see endless conflict.

With a leadership transition looming, and a possible new government on the horizon, we cannot assume a Conservative administration would uphold this settlement. If we wait, these children will remain entangled in legal battles instead of receiving the support they deserve—another tragic echo of past injustices. After nine years of litigation, the time to finish this work is now. I know you are busy with President Trump and trade disputes, but the AFN’s office is within walking distance—close enough for face-to-face conversation. The chiefs did not reject your proposal out of personal dislike; they carry decades of distrust toward government. They need a legally words written on your official paper as witness that First Nations peoples have full responsibility for their children.

A lasting solution demands compassion and humility from all sides. While details are important, Elders remind us not to be paralyzed by the quest to be “100% right.” Instead, we should honor kisēwātisiwinihk—acting from humanity and justice. It is time to address systemic inequities.

We may not, at this moment, eliminate the Indian Act or guarantee clean water for every First Nation. Yet we can take a decisive step by concluding this settlement now—before your term ends. Let it stand as a testament to reconciliation in action. If your chapter of leadership is closing, end it with clarity and respect, ensuring First Nations children receive the fairness they deserve. When historians reflect on your final days, let them see you standing up and saying every child matters.

Sincerely,
Robert-Falcon Ouellette
Former Member of Parliament

cc:

• Grand Chief Cindy Woodhouse (National Chief, Assembly of First Nations)
• Chief Pauline Frost (Chair, National Children’s Chiefs Commission)
• Cindy Blackstock (First Nations Child and Family Caring Society)
• All Concerned Parties

 

Residential Schools, Courts, Structual Violence, Today's Federal Government & an Electric Chair to Shock

MP Charlie Angus has penned a blog on the Residential Schools about the abuse suffered at St-Annes Residential School in Ontario and a current court case. Apparently the federal government through its lawyers has withheld key documents from the court and survivors that they are legally bound to disclose. While normally I would not deal with an issue like this I feel that this is so important in demonstrating the structural violence that Indigenous peoples are exposed to within the legal system, governments, justice system (police). While some might feel that this is a form of retroactive complaining, when the cause of justice is involved the Canadian Human Rights Act, the Universal Declaration of Human Rights should serve as guiding principals for all people involved in the administration of justice. I fail to understand how lawyers could, day after day stand in court, lie and present false information unless they understand that this is their environment (habitus) and their fields of influences are stronger and more powerful than the plaintiffs and there are zero to no consequences for their deeds except possible promotion and the fees they are paid with a holiday at a beach resort.

It should be remembered that when the Ontario Provincial Police investigated in the 1990s they found children were beaten, raped, sexually assaulted and even tortured in a home made electric chair for the entertainment of the staff. The police gathered thousands of pages of witness testimony that resulted in numerous criminal convictions. Is the current Truth and Reconciliation Commission really bring about reconciliation when the federal government does not seem part of the process, not even a disinterested by-standard.

Let the words of the court convince you.Justice Perrell's January 14, 2014 ruling was damning: "Canada's failure to produce the OPP documents about St. Anne's has compromised the IAP and denied the Claimants access to justice." The Ontario Court ruled that the Conservative government had clear legal duties to "search for, collect and provide a report about the persons named in the Application Form as having abused the Claimant... as well as any allegations of physical or sexual abuse committed by such persons, where such allegations were made while the person was an employee or student." (Ruling paragraph 134).

Charlie Angus writes "Justice Department lawyers shrugged when it came to explaining why they had presented a false evidence narrative stating "It must have been human error." This seems like a pretty weak explanation for such a major breach in legal duty. I wrote twice to Minister Justice Mackay on this subversion of legal duty. He waited over six months to respond with a letter full of vague platitudes. However, he did admit they were legally obligated to prepare an accurate narrative."

http://www.huffingtonpost.ca/charlie-angus/residential-schools_b_4920746.html?utm_hp_ref=email_share

Perceptions of Aboriginal Students (Radio documentary)

Summary: Albee, Kamila, and Kurt look the perceptions of aboriginal students through research, interviews, and our own opinions.  Included is an interview with Verna Kirkness, Manfred Hildebrandt, and Questions and Answers with Albee and Kurt.  This 25 minutes radio show incorporates some trendy Aboriginal electric music fused with intriguing theory’s behind the perceptions of Aboriginal students.

Producers Involved: Albee Eisbrenner, Kamila Cecelon, Kurt Hildebrandt

Songs Used:

A Tribe Called Red – Electric pow wow drum

A Tribe Called Red – Look at this

A Tribe Called Red – Electric Instrumental 

To Learn More (Radio Documentary)

https://archive.org/details/RadioDocGroup4Mixdown
https://archive.org/download/RadioDocGroup4Mixdown/radio%20doc%20group%204%20mixdown.mp3

Canadian Indian Residential Schools as “Cultural Genocide” (Radio Documentary)

This is a 30 minute independent radio documentary Canadian Indian Residential Schools as “Cultural Genocide.” We will look at how cultural genocide is defined and how various experts in the field would justify using the term genocide to describe the terrible tragedy that is a part of Canadian history. 

Article 2 of the Genocide Convention states that "genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

From these criteria, we see that the Indian Residential School system could easily be classified as a type of cultural genocide. We also explore the intergenerational effects of the Canadian Residential Schools. It is clear that being removed from your family and placed in these institutions could have a negative impact on your life and on the lives of your children. In addition, we provide the views of some everyday people on the issues surrounding Canadian Indian Residential Schools.  Finally, we offer some suggestions for moving forward from here, such as the promotion of aboriginal culture and awareness of past events.

Sources:

http://www.cbc.ca/news/politics/paul-martin-accuses-residential-schools-of-cultural-genocide-1.1335199

http://en.wikipedia.org/wiki/Cultural_genocide

http://www.huffingtonpost.ca/bernie-farber/canada-genocide-first-nations_b_4122651.html

http://www.huffingtonpost.ca/2013/10/18/genocide-first-nations-aboriginals-canada-un_n_4123112.html

http://www.wherearethechildren.ca/en/exhibit/impacts.html

http://www.macdonaldlaurier.ca/on-comparing-genocides/

http://caid.ca/

Songs:

Red Revolution by Robert Ouellete as sung by Ila Barker

The Road Before Us by Peter Kater

Inuit Stand Up by Susan Aglukark

Voices of the Wind by Alice Gomez

Pocahontas - World Championship Song 96 by Clayton Chief as performed by Melsin Stone

Produced by: Nicole Buhler, Keirston Smith, Cara Fehr, Sara Pirch

To Learn More (Radio Documentary) 
https://archive.org/details/RadiodocMixdownGroup2 
https://archive.org/download/RadiodocMixdownGroup2/radiodoc_mixdown%20group%202.mp3

Investigating the Child and Family Services of Manitoba: A History of State Parenting

Manitoba Liberal Leader Jon Gerrard came to the University of Manitoba on Oct 17, 2013 to speak about his new report on the child welfare system in Manitoba. While speaking to the teacher candidates in the Aboriginal education class he talked about his long journey in gaining greater knowledge of many of the faults of system in Manitoba. It seems that while there are many caring individuals within the system the state as the final decision maker within our institution makes for a very poor parent. It seems that state can never be a loving or caring parent to the actual parents. The current CFS system is quick on the gun not taking due process to assess families and simply just removes the child. It is a poor parent indeed. 

Replacing  apprehension with support; Replacing adversarial interventions with partnership and collaboration; Replacing fear with hope. A proposal for change to Manitoba’s child welfare system. 

Jon Gerrard and Robert-Falcon Ouellette

 

While listening to Jon Gerrard presentation I was struck by the number of children currently in care. There are very few in Manitoba who will not say the child and family services model is broken. When a child is taking into custody they could be moved 15 times in a 7 year period. While this is certainly due to a number of reasons some being the child was returned to the parents a number of times and the placements in foster families was of a short duration. Other nations have similar problems, but they are experimenting. England is doing something completely different in the providing of services to families and ensuring the protection of children.

Some English Child and Family workers instead of having large case loads will only be assigned a few families. The working day will often begin at 7 AM when they arrive at a family’s home and consist of getting the children out of bed and packing them off to school. The workers must be tough because some parents will tell them to f*&^* off. They will also video tape the going on in the home and replay what transpired to the parents in order to find better actions to different circumstances such as when kids are screaming and parents are having trouble coping. We need a Grandmother program here in Manitoba someone to demonstrate good parenting and help keep people on track at home and in looking for working and education. Manitoba currently has over 9 700 children in custody. They have become an industry in and of themselves. These children have been removed either voluntary or forcibly from the custody of parents who are unable to ensure the basic needs of their children. The great majority of children move from short term to short term placements. The system has become a self-perpetuating machine that is unable to innovate or change.

While in many cases the removal of children from biological parents care may be the best course of action for the long term interests of the child. This is especially true if they can be placed in caring foster families on a long term basis. The province though is a poor substitute for the love of a parent. Due to the nature of bureaucracy little long-term human love is given these children and the provinces becomes like a cold parent or worse a dead-beat parent.  People need to learn how to be a parent from a Grandmother. Manitoba should institute a similar program as found in England and as talked about in your presentation the Nisichawayasihk Cree Nation. Families should not be forced into the program, but many who are eligible will surely gladly sign-up for the extra help in the fight to keep their children. Families should sign a contract about certain behaviors. The English experience finds that only 15% of families will break the contract forcing the government to proceed with the removal of the children. This is a stark improvement over current rates. Too often families will meet with bureaucrats a few times in a year as we are learning in the Sinclair enquiry. We need programs that develop a sense of relationship with not multiple agencies, but one individual who allows them to better understand what actions they need to take in order to keep their children.

As we continue to maintain a system which creates a class of people that are locked into perpetual poverty and dependence upon the state, many are asking for a different way of managing child and family services. The role of the province in the daily lives of people should only be in extreme circumstances, but their role should be insuring that people have the tools and are able to get back on track. As the families are better able to perform in their personal and social responsibilities they gradually should see less of the provincial grandmother, but some parents need the chance to learn those parenting skills and the role of the state is to provide the tools so the individual can create the life that all human being deserve.    

The principal problem is that often statistics are difficult to find and to compare between jurisdictions. It is quite easy to find the information for countries such as England. When a child has been in care of the state they are 50 times more likely to not finish school. Children are also likely to repeat the same patterns of behavior with their own off spring. They are 66 times more likely to see their children taken into custody. The cost for each child in custody is 67 777$. I suspect the statistics are the same here in Manitoba, but that is difficult to ascertain. There is an enormous amount of money being spent by CFS. Sometimes you ask would be better off cutting a check to each parent in order to vanquish the poverty of the family. 

To Learn more (video)

http://youtu.be/BTdcG6V4ON4

The Prison in the Minds of Manitobans and Kings Dream: 50 years on

Open Letter concerning the Minister Eric Robinson and Osborne House Case -Racism as published in the Winnipeg Free Press August 30, 2013.

It is ironic that all too often we are still at the same points we were 50 years ago. The movements of liberation that swept the world; challenging old world orders in Africa, Asia, South America, North America and even Manitoba have become unachieved dreams. We have come along way, but the case of Minister Robinson and Osborne House show us that too many still live in prisons of the mind and this is true of everyone. The 1963 march on Washington by the American Civil Rights movement and the address of Martin Luther King Jr to the 250 000 people amassed 50 years ago demonstrate we must still work for the human rights of every individual even today. The dream that King held that his four children “will not be judged by the color of their skin, but by the content of their character” is true for every human being and for all citizens of Manitoba. Should Euro-Canadians or “white people” have a role to play in the terrible conditions that plague too many Aboriginal peoples; of course, for we live together and the issues that affect my neighbour affect me in some small way. We are all connected. The issues though affecting Aboriginal people must have strong leadership by the Aboriginal community, but if a need is not being met, someone must fill the void. The issues affecting Osborne House concern all citizens, because violence against women is an example of the breaking of the dream of King. We need more “do good white people” and we also need strong Ministers like Robinson. Debate is good and we need more of it in society. There are too many fundamental truths that we have not been addressing in Manitoba, preferring ignorance of current injustice. I too dream when my five young children will be able to travel across our city without fear of violence; I dream they will not live in a prison of the mind shacked to past oppression and injustice, but facing the future full of hope and confidence. I dream that in another fifty years we will fulfill King’s vision and proclaim that we are “Free at last! Free at last! Thank God Almighty, we are free at last.”

Traditional Aboriginal Customary Adoption: A Collective and Individual Human Right

Perhaps one of the most ignored Indigenous and Human Rights issue facing Aboriginal communities and individuals is the lack of recognition for something we as Indigenous peoples have always practised and that has served our communities well in protecting our children; Traditional Customary Adoption. There are researchers like the Canada Research Chair Dr Ghislain Otis who is attempting to address this issue. Dr Otis (University of Ottawa) has written a new book L’adopition coutumiere autochtone et les defis du pluralism juridique about Aboriginal Customary Adoption within a pluralistic legal framework within Canada and more specifically Quebec. In the interview that I conducted with Dr Ghislain Otis (see below) there are two basic reasons why Dr Otis decided to edit and author this book:

1)                 There is a fundamental trend in international legal research concerning the need for better recognition of Indigenous legal traditions around the world and in Canada. There has been an increase in demands of Indigenous peoples for this recognition as we can see with the international protest movements like Idle No More. There also seems to be a general agreement by many that we must challenge these old colonial systems currently used by many nation-states.

2)                 Indigenous peoples had their own legal system that were sophisticated and well adapted to their own needs and circumstances. These systems have survived despite the attempts to eradicate them or the continued indifference by nation states. This indifference has manifested itself by the non-recognition by nation states that these Indigenous legal systems do exist. Nation states like Canada have responsibilities for Indigenous peoples and to protect their Human Rights. These responsibilities must be acknowledged and supported by state apparatus; and if you acknowledge these systems you must be have a better understanding and research this area of prime importance. Dr Otis asks “How can you have these systems work together?”

Customary adoption is an ancient form of adoption that has evolved and changed over time. It is a practice by which biological parents give their children to another set of adoptive parents. There is a wide variety between Indigenous legal systems in the matter of customary adoption. Some will create a complete break between the parents and child; other systems will maintain some form of relationship between parents and child. There are many variations between. According to the research of Dr Otis these are legal systems that create rights and obligations for Indigenous peoples and all Canadians.

Currently only the Northern territories have statues which recognize Indigenous customary adoption and only one province. British Columbia’s law though is ambivalent, because it leaves it to judges to decide if customary adoption meets the definition of what Aboriginal customary adoption is. This is a problem because this interferes with Indigenous law and legal systems making customary adoption the same as western adoption. This leads to the assimilation of the traditional forms of adoption and the Indigenous legal system into the Canadian state adoptive apparatus.

The Province of Quebec is presently debating customary adoption in the Quebec National Assembly. They have had a heated debate about customary adoption for the past 5 years. Currently there is a wide consensus towards the recognition of customary adoption. A working group was created with representatives from political parties, the government and First Nations. On April 16, 2012 they produced a report entitled Report of the Working Group on Customary Adoption in Aboriginal communities. A Bill has also been tabled that would recognize customary adoption in the civil code. This is a major change in constitutional law because it would not only recognize the two current forms of legal systems like common law and civil law, but it lays the beginning in Canada of recognition for Indigenous law as a separate but integrated legal system.

There is a great need for customary adoption within Aboriginal communities because children have multiple issues related to lack of parental right for the adoptive parents. There are issues related to this both individually and collectively. Individually because a child’s fundamental rights are not being protected; what is in the best interest of the child to stable and loving relationships. Should the child exist moved about between foster families and used as a pawn between two different legal systems? These customary adoptions are simply not easily recognized by the western legal system even thought they are still practised very frequently by many Indigenous peoples in Canada. The Inuit in northern Quebec are a prime example of Indigenous peoples who still practice customary adoption. Other issues which affect the individual are the possibilities where the biological parents may return and demand before a court and judge the return of a child or children. Because this Indigenous legal system is not recognized, the judge could return the child. When adoptive parents try using the Canadian state to obtain services to which they are entitled for their child, they often experience grave administrative difficulties. Other practical issues include trying to sign the child up for school; questions about legal authority; questions about child allowances which cannot be paid to the adoptive parents; situations of if the child dies or the adoptive parents dies who receives death benefits and inheritance. Since the parental connection is not legally established the rights of the child and parent are ignored and go unprotected. Collectively the non-recognition forces this form of traditional practice onto the margins and oppresses its continuation because it becomes too difficult to practice. Essentially the practice becomes extinct and dies out.

There are a number of positive points to the proposed law in Quebec because it allows Aboriginal communities to create their own formal system about how to regulate customary adoption. The decisions are left with the Indigenous community and their authority. The law will not define the affects of an adoption, but will require the Authority to define the affects like alimonies or support. It makes it easier to obtain approval and reduces many of the legal costs associated with lawyers and courts that are often incurred when navigating between both systems.

The less attractive element is that provincial child welfare agencies are mandated to be involved. The child welfare agency must approve these adoptions when a child has been involved with the Child and Family Services system. This allows a government agency to interfere with the Indigenous legal systems. They might interfere even though they have little understanding of this system. Dr Otis has a concern that even though it might be in the best interest and welfare of the child some children may be prevented from being adopted.  

Dr Otis also discussed the constitutional effect customary adoption may have. Because Indigenous legal questions are a federal responsibility then technically provinces would have little ability to extensively regulate customary adoption apart from minor recognition and procedures. It could force province to recognize aboriginal rights and would constrain provinces on how far they may regulate traditional Aboriginal practices.

To Learn More (Podcast & Interview)

http://archive.org/details/TraditionalAboriginalCustomaryAdoption

http://archive.org/download/TraditionalAboriginalCustomaryAdoption/OtisCustomaryAdoptionEnglishMixdown.mp3

Citations

Winston Wuttunee, A Life of Music and Spirit: The Early Years

Winston Wuttunee &
Robert-Falcon Ouellette
University of Manitoba

Cree Elder Winston Wuttunee was in the studio and completed a series of interviews about music, spirituality. Here is a discussion of his early life as a musician and the events which shaped him as a human and allowed him to grow spiritually as a human being.

Resume:
Winston initially talks about music and how young Aboriginal Cree youth traditionally would learn music in the family in his time. Winston's father was the farm instructor at the local IRS. A place that Winston refused to say the name out loud. Winston's father was born in 1892 and was well educated having earned a grade 12 education at the IRS. His family was eventually moved to Battleford when Winston was only 2. The family did not speak English at home for they only spoke Cree, but he sure did learn English quickly. His father soon started a business of a livery stable (horse repair shop). After that he created another Business selling water and delivering water from house to house for 75¢ a barrel. Whenever he would come home after work he would empty his pockets full of coins and Winston's uncles Bill and Noel would then come over and help him count the coins. The family become quite well off and eventually Winston's father would start selling and delivering ice from house to house. 

Winston and my father (James Ouelette as recorded on the birth certificate and with Indian Affairs but he always used Ouellette) would fight side by side against the other Moonyas children. They were very smart because they needed to be. They were able to run extremely quick. They would place rock piles around the streets in corners in order to defend themselves against the Moonyas (white) children. I asked if there was some racism at that time period and Winston there was just some racism Robert but a lot. Even though there was racism in the town from the RCMP and others, still members of the family were popular in school and they were able to take roles of responsibly like speaking at assemblies, music or defending fellow Neechi, brothers and sisters. “We were able to take these roles because we are Wuttunee descended from chiefs, it is in our blood.” Wuttunee means Golden Eagle Feather.

Winston also told more stories about North Battleford and the old times when he was growing up. Winston also discussed the environment and the role that Moonyas culture has taken in destroying the land that we live on and air we breathe!

Winston is a 2013 winner of an Indspire award for his work as an elder and in spirituality. This is for many the Noble prizes of the Aboriginal peoples in Canada.

To Learn More (podcast)

https://archive.org/details/WinstonWuttuneePartIMixdown  

Citations