Windspeaker News Briefs

Dene Tha' wins in Court

The Federal Court of Appeal handed down their decision to dismiss Canada's appeal of the Dene Tha' First Nation v. Canada decision.
The ruling from the November 2006 hearing states the Government of Canada failed in carrying out it's basic constitutional duties in establishing the environmental and regulatory review process for the Mackenzie Gas Project without consulting the Dene Tha'.
In a statement released by Dene Tha' the First Nation announced it is pleased with Justice Phelan's decision in 2006 that confirms the Dene Tha' long-held view that the Crown must consult First Nations when establishing environmental and regulatory review processes.
Dene Tha' Chief James Ahnassay states his nation continues to be frustrated, however, with the Government of Alberta's refusal to make a meaningful consultation with the Dene Tha' and other First Nations in Alberta.
The northern First Nation asserts that the Alberta government approves projects every year that adversely affect and infringe the hunting and gas projects, trapping, fishing and gathering right of First Nations where little or no consultation takes place.
The Dene Tha' want the Alberta government to scrap their unconstitutional consultation guidelines and sit down with the Dene Tha' and other First Nations in Alberta to negotiate a jointly acceptable consultation process.

Windspeaker BRiefs

Court agrees to new trial for Ahenakew

In a decision released January 14, three judges with the Court of Appeal for Saskatchewan dismissed the Crown's appeal and upheld a lower court ruling that David Ahenakew from Sandy Lake can have a new trial.
Court of Queen's Bench Justice Robert Laing ruled the trial judge, Marty Irwin, erred in his July 8, 2005 decision when he failed to take into account evidence suggesting Ahenakew did not intend to promote hatred when he made racial comments about Jewish people. He gave a speech to a group on Dec. 13, 2002 and referred to "goddamn immigrants." Ahenakew went on to give his opionion that Israel and the United States were going to start the next world war. Soon after his speech the StarPhoenix reporter James Parker asked Ahenakew to clarify his statements that "while serving in the army after the war, Germans had told him the Jews had started the war. Ahenakew was quoted saying, "The Jews damn near owned all of Germany prior to the war...That's how Hitler came in. He was going to make damn sure that the Jews didn't take over Germany or Europe. That's why he fried six million of those guys, you know. Jews would have owned the goddamned world. And look what they're doing. They're killing people in Arab countries."
Ahenakew later apologized and said the remarks did not represent his beliefs and that he was caught up in the heat of the moment, but was convicted of willfully promoting hatred against Jews and was fined $1,000. Ahenakew appealed the decision.
Ahenakew served in the Canadian Forces from 1951 to 1967, where he was stationed in Germany, Korea and Egypt.
Parker is a journalist with CBC in Regina. At the time of the interview with Ahenakew, he was a reporter with the Saskatoon StarPhoenix newspaper.
Ahenakew's lawyer claimed his client's statements were made on impulse and in response to questions during the confrontational interview. In Ahenakew's testimony, he also told Parker he didn't want to argue about "the Jews" and walked away from the interview after three minutes.
The Court of Appeal agreed such relevant evidence should have been considered during the trial.
Crown prosecutor Dean Sinclair said he is still reviewing the court's decision and does not know if abandoning a second trial is an option.
After many requests from Jewish groups and Aboriginal groups, the Governor General revoked Ahenakew's membership in the Order of Canada on July 11, 2005. He received this prestigious honour in 1978 for his work in advancing Native education.

Commission hearings to hear from both parties

The AFN's National Chief met with Catholic Bishops in Ottawa at the end of January, but there were no apologies or promises of justice coming from the bishops for any of the offenses committed in residential schools against Aboriginal people.
From approximately 1870 to the late 1970's, churches and governments took Aboriginal children away from their families and communities and sent them to residential schools to train and learn the Christian and western European language. Many of the children were beaten and sexually abused.
In 2007, the government approved the 1.9 billion dollar compensation payout for the estimated 80,000 surviving students of the residential school system run by the Catholic, Anglican, Presbyterian and the United Church.
Reportedly, the Catholic Bishops are hoping "both sides" of the residential school story will be told at the impending Truth and Reconciliation Commission hearings. There will be Commission hearings held across Canada over the next five years to hear from residential school survivors, churches and the government.
Last year, Parliament apologized to the First Nation people, but the federal government has not. Last October, Prime Minister Stephen Harper promised in his throne speech to launch the commission for truth and reconciliation and to make a statement of apology to close this sad chapter in our history. Fontaine is quoted saying Aboriginal people want to be involved in the drafting of the apology, but have yet to be asked.
Fontaine is setting up cross-Canada meetings with the churches over the next couple months to let people know along with the churches, what the commission goals are.
There hasn't been any actual meeting dates announced, but Fontaine hopes to speak in Ottawa, Vancouver, Alberta and Saskatchewan.
The commission is in the process of selecting a chairperson and two commissioners. More than 300 applicants have come forward for the job.

Maa-nulth treaty awaits feds approval
The Ditidaht First Nation is seeking exclusive title over some Maa-nulth treaty lands, and sections of national and provincial parks in a statement of claim filed with the B.C. Supreme Court.
In the statement, the Ditidaht claim the provincial and federal governments failed to properly and meaningfully consult in respect with the Maa-nulth First Nations Treaty. Teal Cedar Products and Western Forest Products are also named in the suit.
The Ditidaht are looking for exclusive Aboriginal title to the areas of infringement, and a huge part of the West Coast Trail inside the Pacific Rim National Park Reserve, the Carmanah and Walbran Provincial parks. The current treaty breaches their traditional territory say the Ditidaht.
Located on the west coast of Vancouver Island, the Ditidaht First Nations state they have continually advised federal and provincial governments that the decisions they were making ignored Aboriginal rights and titles along with economic benefits from their traditional territories.
The Maa-nulth Final Agreement was signed in December 2006, but the federal and provincial governments initiated talks in what is being called after the fact consultation. The treaty will take effect once all parties ratify the agreement. So far the province and the Maa-nulth has ratified it; the federal government has still to approve.

New money will help develop Inuit research
Future challenges to the health and well-being of northerners may be addressed by the very people being affected by them, health and environment researchers hope.
A recent $1.76 million grant to the Nasivvik Centre, an initiative co-directed by Trent and Laval Universities in Ontario, will develop expertise among Inuit and other young researchers to address health and environmental issues in the Arctic.
"This grant will be used to strengthen training among graduate students and among Inuit," said Dr. Chris Furgal, a cross-appointed professor at Trent University in environment and resource studies and Indigenous studies and co-director of the Nasivvik Centre.
Working closely with Inuit leaders, community representatives, and students in both the north and south, the centre will use the funds in its goal to move along the spectrum from research on Inuit, to research with Inuit and ultimately to research by Inuit, Professor Furgal said.
Historically, almost all Arctic research had been directed by southern-based scientists. This grant will ensure Inuit will become more engaged in taking control of research being done in their own area, on their own land.
A specific objective of this injection of funds includes enabling Inuit organizations and communities to identify key research needs and priorities in the areas of food, water, and traditional and natural medicines and remedies.
Another grant use involves establishing a fund and process for north-south research mentoring and knowledge exchange between Inuit youth and community members and university-based researchers. It will also provide student scholarships, and support innovative research projects and the sharing of new knowledge via the creation of innovative and accessible resources for arctic researchers and communities ­ all in the area of northern health and environment.

Partnership will lead to job opportunities
A partnership between Klahoose First Nation and Plutonic Power Corporation will lead to trade and technical training for community members. The turn-key 250-man construction camp to be built to support construction work in the Toba Valley will provide the First Nations in the area with trade training and business opportunity in the culinary arts. The camp will support construction of Plutonic's flagship East Toba River Montrose Creek run-of-river hydroelectric project. The 660 million dollar project has the potential to generate enough energy for about 550,00 homes and create 4,500 person years of employment.
Along with students from the Klahoose First Nation, whose traditional territory the project is taking place on, students from the Powell River School District will also benefit from the camp. The campsite is being set up as a culinary arts program through the Malaspina University-College where students work and learn. All students receive on-the-job training, a salary and classroom theory to eventually receive their "red seal" in trades training.