Good morning.
[Witness speaks in her native language]
I am Ellen Gabriel of the Turtle Clan in the community of Kanesatake, the people of the Flint.
Quebec Native Women is a non-profit organization whose history dates back to 1974, when aboriginal women banded together to fight the discrimination they and their children faced because of the Indian Act. Thirty-three years later, our mission continues to be that of advocacy work to defend and protect the rights and interests of aboriginal women and their nations living in Canada.
It has been stated time and again that aboriginal people have a unique history in the Americas, having cultures richly based upon ethics and values respecting self, other people, mother earth and all the plants and animals we share this beautiful planet with, each one giving life strength to one another.
Since European contact, indigenous peoples have experienced massive losses of lives, land and culture, with the ensuing colonization resulting in a long legacy of chronic trauma from unresolved grief across generations. This collective experience contributes to the present social problems, such as the high rates of suicide, domestic violence, alcoholism, and other social problems.
After over 133 years of living under the Indian Act, aboriginal people find themselves in a state where the values and ethics of our ancestors are in disarray. It is a sad fact that aboriginal women have borne the brunt of the discrimination of this act, which was assimilative in design, but racist at core. Indigenous nations who once valued the respective roles of both men and women are now enacting discrimination amongst themselves, rooted or deeply grounded in the legacy of the Indian Act and residential schools—both tools of colonization.
It is through these types of oppressive legislation, institutions and foreign values that aboriginal nations and their communities today suffer various forms of lateral and physical violence. It is these very governmental institutions and laws that have systemically reduced proud, strong matrilineal societies to a type of third world status, without control of or access to their lands and resources.
Many of our ancient languages teach us how to live with the land, and are also an integral part of informing our life cycles and reinforcing our identity, but they are now on the brink of extinction by the end of this century. But aboriginal peoples have not completely lost these values, as many of our people still speak their ancient languages. They practice ancient teachings and values that contradict the foreign principles passed on to us by the Indian Act.
However, we can easily see the extent of colonization through band councils who create membership codes that continue to discriminate against aboriginal women and their children. These very membership codes were created to follow the criteria incorporated in the Indian Act.
In order to survive in this age of globalization, we must constantly try to educate ourselves about laws, policies and programs that do not reflect our cultural values—or even norms. Communities belonging to nations once considered allies of the Crown are now being coerced into becoming small municipalities, due to self-government agreements.
I'd like to quote Robert Kennedy in his speech on the mindless menace of violence on April 5, 1968.
Too often we honor swagger and bluster and wielders of force; too often we excuse those who are willing to build their own lives on the shattered dreams of others. Yet we know what we must do. It is to achieve true justice among our fellow citizens. The question is not what programs we should seek to enact. The question is whether we can find in our own midst and in our own hearts that leadership of humane purpose that will recognize the terrible truths of our existence. We must admit the vanity of our false distinctions among men and learn to find our own advancement in the search for the advancement of others. We must admit in ourselves that our own children's future cannot be built on the misfortunes of others. We must recognize that this short life can neither be ennobled or enriched by hatred or revenge.
During the creation of the Canadian Human Rights Act in 1977, the Minister of Justice then, the Honourable Ron Basford, explained that the section 67 exemption was necessary because the government had made a commitment to aboriginal representatives that there would be no modifications to the Indian Act except after full consultations.
Thirty years later, aboriginal peoples, in particular aboriginal women, are still waiting for the consultations to begin. The decision with which we are faced today is how we can, as aboriginal people, further compromise our jurisdiction and sovereignty versus providing access to justice for the many people in our communities who face continued discrimination.
As we know all too well, the Indian Act is not a governance system. Band councils therefore have very little in terms of safeguards and accountability mechanisms at present. This leaves our citizens even more vulnerable to discriminatory practices. Although it is important to retain our rights, we can no longer allow band councils to do whatever they want without having to face consequences. Perhaps band councils that behave in this manner are the minority, but human rights protections are essential to the dignity of all citizens regardless of where they live.
Quebec Native Women therefore insists that an interpretive clause and a clear explanation of what this means, along with all its parameters, be provided to aboriginal communities.
In our position paper we provided for your members, you will see a list of our recommendations, which I'll read shortly in French. We hope that serious consideration will be made concerning them, as we can no longer accept more laws, however well intentioned, to be placed upon us without full and complete consultation and consideration.
I will now read you our recommendations.
- Extend the transition period from 6 months to 18 to 30 months in order to ensure: consultation with aboriginal peoples and their communities regarding Bill C-44 as recommended by the standing committee; preparation and education of aboriginal peoples in order to implement effective mechanisms to resolve complaints; training of competent personnel in aboriginal communities to inform citizens of their rights and recourse.
- Create an aboriginal ombudsman position to ensure that the anticipated measures of Bill C-44 are fair and equitable.
- Provide financial and human resources necessary to develop, implement and operate human rights mechanisms to protect aboriginal peoples in aboriginal communities.
- Include the protection of human rights in any self-government agreement or territorial claim.
- Include an interpretative clause to enable the CHRC to adequately balance collective rights and individual rights, whereby the CHRC could rely on an exemption that would explicitly allow discrimination where a preference or advantage is granted to aboriginal peoples and is not discriminatory in any other respect.
- Consult aboriginal peoples throughout the process of drafting, passing into law and executing Bill C-44.
- Create provisions that do not harm aboriginal and treaty rights.
- Ensure that this apply to the discriminatory decisions made by band councils regarding membership codes.
- Ensure that this apply to decisions made by the federal government under the Indian Act.
- Finally, the Indian Act should be amended to eliminate all forms of discrimination against aboriginal women and their children, in particular, the second generation cutoff stipulated by section 6.2 of the act.
Thank you very much.
Merci beaucoup.
Niawen’kó:wa.
