SPOTLIGHT ON
One Man's Opinion

Historic Opportunity for First Nation Leaders
Time to go Back to the Future

News and Comment
by Tehaliwaskénhas - Bob Kennedy, Oneida
Editor, Turtle Island Native Network
www.turtleisland.org

May, 2000

We hear lots about the damage caused by Indian residential schools. Most recently it was revealed there were health experiments on the children. We will hear more, I'm sure. But what about the long term devastation from the dastardly deeds done by DIA (Department of Indian Affairs) and the Indian Act?

In June, from the 6th to the 8th, Native leaders from across Canada will meet in Winnipeg to review proposals to revise the relationship with government. The gathering is called, Banishing the Indian Agent - Choices for Change - Restoring First Nation Governments. Bureaucrats will tell you it's an attempt to modernize the relationship and modernize the regime.(I think that means rewrite the Indian Act and try to undo the damage that has prevented the growth and development of Indian people all these years.)

There has been dialogue - a two year joint policy development initiative involving the Assembly of First Nations and Indian Affairs, reviewing such things as the Indian Act, First Nation governance, membership and registration, Indian monies, land claims policy and additions to reserves policy.

One of the hot issues creating a stir and one that promises to be talked about more and more, is the creation of larger and new Indian reserves across Canada. Included in the two year findings of the joint initiative, is that land claim settlements will result in the need for a 50% increase in the amount of Indian reserve land across Canada.

A practical problem facing First Nations and the government is the bureaucratic paper process with its huge backlog of additions to reserve requests. Currently there are about 1,800 Band Council Resolutions in the system. They include close to 200 requests by First Nations to have urban reserves. More than a hundred land claims related to reserves have been settled and another 325 are being negotiated or assessed.

While the backlog and bureaucratic bottlenecks in the system are obviously frustrating for First Nations, the real challenge waiting in the wings is public attitude - described by some as non-Native community sensitivities.(I think that really means stirring up the anti-Indian hornet's nest called racism).

Provincial and local governments will be impacted by additions to reserves or the creation of new reserves and we already know what that means - public backlash. Provincial and local authorities may have to give up land, jurisdiction, resources and tax revenues to make room for additional reserve lands. At times, that likely scenario has manifested itself across Canada in great ugliness.

Perhaps the best example is the situation faced by the Caldwell First Nation in southwestern Ontario where last year Canada settled a longstanding grievance. The specific claim settlement provided the first nation with $23 million and an agreement they could purchase land to create a reserve-based community. Once the deal became public, the reality that suddenly surfaced saw local farmers and residents balk in outrage, spawning a wave of racism.

Recently members of the Caldwell First Nation staged a 100 KM March Against Racism to raise awareness of the issues. Along the way they were greeted by some support from honking motorists, but also were subjected to some racial slurs, and "this land not for sale" lawn signs - part of the not-in-my-backyard racist response by residents who refuse to treat aboriginal people with anything but contempt and antiquated stereotypes. There have also been recent disputes in Alberta and Saskatchewan over the creation of new urban reserves for native-owned businesses.

As I was told by one of the contributors to this most recent effort to modernize the Indian Act and the relationship --- in the beginning, the original relationship with Indian people was supposed to be based on rights and treaties, but it became a relationship based on imposed regulations. The courts are delivering strong messages about the need for Canada to return to a rights relationship with Indian people - recognizing human rights, and the fiduciary responsibility.

These proposed policy changes provide an opportunity to reflect a new rights reality in the statutes but also the day-to-day dealings with our people. There were two previous key initiatives that tried to do this. Perhaps lessons were learned and their failure became the fertilizer to produce something better this time.

[As reported by Turtle Island Native Network http://www.turtleisland.org ]