Native leaders eye moves on rights

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If the federal election candidates think an Aboriginal plank or two in their platforms are really going to ensure Indians' participation, either as federal election candidates or at the polling stations, they might ask why the Indian political organizations are not saying the latest, greatest federal party promises mean a lot to them.

Birchbark attempted to contact some Indian head honchos in the huge northern ridings in Treaty 3 and Treaty 9 and in southern Ontario. We wanted to ask them what they thought of the federal election process this time around, the candidates, whether there were any Indian candidates running in their riding and whether the numbers of Indians becoming involved or even interested in the federal election was increasing over previous elections, and so on. We wanted to ask them what they were hoping to hear from the campaigning politicians that might persuade them to vote. Mainly, we wanted to ask them about their communities' priorities: what specific issues should the candidates be addressing and how do they want the new regime in Ottawa to work with them?

We only got to talk to a representative of one organization. Some leaders were away or busy and their spokespeople said we'd get a call-back that didn't come by press time.

Six Nations of the Grand River Territory seems to be focused more on what isn't happening as a result of the election call, rather than on which party may form the new government. They put out a press release May 25 lauding the demise of Bill C-23 (financial institutions act), which died on the Order Paper following Bill C-7 (the governance act), which also fizzled.

The Six Nations government has been very vocal in its opposition to C-23's proposed four federal financial and statistical institutions, which it saw as infringing on their Aboriginal rights and interfering with their own government.

On their Web site, at this time, the only election they are concerned with is their own and their own newly minted election code.

At the Chiefs of Ontario, senior policy analyst Kimberley Whetung described concerns about federal legislation that sound about the same as Six Nations'. She also made it clear the Chiefs' priorities are "health, housing and social living conditions, infrastructure."

"There's been lots of talk; we've heard it all before; we're not seeing any movement on many of the issues."

Whetung added, "But paramount, in Ontario, is the treaty relationship and the settlement of land claims. It's a huge issue.

"We're not happy with the legislation that has passed in the House, but has yet to be proclaimed." She referred to Bill C-6 passed late in 2003, the Specific Claims Resolution Act. And she also took some shots at Bill C-23.

"The bureaucratic approach to policy and program delivery does not necessarily fulfill what we believe are our treaty rights that we continue to assert. And we are concerned that the legislative approach to institution-building which the federal government has embarked upon will be an abrogation of treaty right and fiduciary responsibility."

She explained, "By putting in place these institutions, there's a management board structure being proposed in that legislative approach and the management board then oversees those program areas that the institutions are covering up, including governance. The management board is by appointment-it's not the federal government, it's not the Crown-and we believe that will diminish or derogate the fiduciary responsibility of the Crown.

"The Chiefs of Ontario has not been supportive of the legislative approach. We're very rights-based. The leadership in this province will continue to advocate for the implementation of treaty rights."

Whetung said that although Bill C-23 (formerly C-19 and re-instituted this spring as C-23) died on the Order Paper last fall, "we aren't convinced that it's dead, because the institutions have been funded and they are up and runng, at the expense of millions and millions of dollars.

There are four institutions, all up and running, and the legislation hasn't even passed yet."

The four, she said, are the statistical institution, the management board, the institute on governance and the taxation board.

Kimberley Whetung added that C-23 has had "very minimal support across the country from some First Nation leadership.

"Both regionally and nationally there have been resolutions opposing this legislation, but the government insists on moving ahead. Now that is something that First Nations in Ontario will be watching very closely, is the indication from federal candidates on where they intend to move around legislation as it impacts and pertains to First Nations."

Whetung was not aware of any Aboriginal candidates running in the current federal election. She said there may be some, but it's outside of the process she works within for the Chiefs of Ontario, "and it's not necessarily something that we try to co-ordinate or follow."

She added that "many (Aboriginal candidates) did make a run at nomination, but it's a pretty daunting process."