Thank you.
I'm from Sagamok Anishnawbek, on the north shores of Lake Huron. I'm here on behalf of the Chiefs of Ontario. Thanks for the invitation to appear before you on this important matter.
Canada's proposed amendments to address the British Columbia Court of Appeal's decision in McIvor fall short of eliminating discrimination within the Indian Act. The proposed legislation addresses only one area of discrimination within the Indian Act and does so in a very narrow manner.
First nations women, in particular, and their descendants have been subject to various forms of discrimination based on sex, race, and family-marital status since the newcomers to our lands began to impose their laws upon us. This practice is contrary to how first nations women were traditionally treated within our pre-contact societies.
Further, INAC has provided no indication that it will provide additional funding to first nations to cover the costs of new members granted status by the legislation. The lack of funding to accompany new members will likely cause strife and divisions within first nations. The Indian Act amendments proposed by INAC to address the British Colombia Court of Appeal's ruling in McIvor address the gender inequality in the registration of status Indians, but provide another line of assault upon first nations by corroding their right to determine their membership and identity.
Although Bill C-3 is silent on whether or not bands determining their own membership must accept new members, with the application of the Canadian Human Rights Act on June 18, 2011, to first nation governments, bands may face challenges to their membership codes should they choose not to accept new members for any Canadian Human Rights Act-related reason. Thus, any silence within Bill C-3 on the subject of bands that determine their own membership codes, section 10 bands, should not be seen as effective compliance by Canada to the indigenous right to determine their own identity and membership.
Over half of the 133 first nations within Ontario do not control their first nations lists. This means that new status Indians will be added to those lists by INAC. This, in effect, is a phased approach to taking away the right of first nations to determine their own membership and identity.
In addition, INAC has proposed a process of information gathering to address the broader issues of first nations citizenship. Such a process will be completely futile without a commitment from Canada to recognize first nations jurisdiction over our identities and membership. Our individual and collective identities have been insidiously taken over by concepts that are rooted in a foreign ideology, one bent on weakening our nations. Issues of indigenous identity and membership in Canada cannot be looked at without first acknowledging the context of colonialism that continues to exist within Canada and continues to negatively affect first nations.
Continuing colonialism mostly arises out of the actions or inactions of those who refuse to acknowledge and address their attitudes of paternalism and subjugation towards first nations. It is unfortunate that this aspect of our history needs to be consistently re-mentioned within all of our work, as it has yet to be fully understood and accepted by Canada.
Not only has our cultural sense of belonging been undermined by imposed definitions, but our psychologies, spiritualities, and political structures have also been impacted. We have individually and collectively experienced the intrusion of the Indian Act upon our daily lives for the past few generations. The right to control our identities without interference should be recognized as an integral aspect of reconciliation and is really about our right to exist as peoples.
On April 1, 2010, INAC Minister Strahl presented to this committee and stated that there is no consensus among first nations on the broader issues of membership and identity. While this statement may in part have some merit, its true value is in demonstrating the government's lack of understanding of the context of colonialism.
Surely it was not INAC's expectation that after several centuries of both intentional and systemic subjugation, first nations would be able to reach a consensus on how best to fix the first nations citizenship issues within a matter of months. Even after a lengthy process of repairing the damage of the last few centuries through a process of decolonization, it is unlikely that the many culturally and linguistically diverse first nations in Canada will reach a consensus on anything beyond key principles.
Canada continues to effectively ignore a key international instrument, the United Nations Declaration on the Rights of Indigenous Peoples, that describes the minimum standards required for the survival of indigenous peoples.
Although the most recent Speech from the Throne provided an indication of the current government's intention to endorse the declaration “in a manner fully consistent with Canada's Constitution and laws”, this commitment could arguably impose a lower standard upon the human rights found in the declaration. The proposed amendments and INAC's information-gathering session fall short of living up to the minimum standards described within the declaration.
A situation that has served to assist the breakdown of our collective identities has been our economic dependence upon the Government of Canada. The wilful ignorance of our treaty rights, deprivation from our lands and resources, and paternalistic legislation have all contributed to the situation we are in today. This unfortunate reality serves to demonstrate in part how we have come to rely upon definitions of “Indian” and “aboriginal” that are always attached to the rights and benefits we need to live.
Many first nations individuals in Ontario now find themselves in a state of poverty that is difficult to overcome. First nations governments face a similar struggle in trying to meet the basic needs of their community members.
With regard to the legislative amendments proposed within Bill C-3, INAC has indicated it does not know what the exact impact upon first nations will be. However, the projected number of new registrants is approximately 45,000.
Ontario has one of the largest populations of first nations inhabitants within Canada. With no mention in the federal throne speech nor in the recently released budget, first nations in Ontario potentially face massive pressures upon the limited funding they receive for critical areas such as education and housing.
The current government has demonstrated little concern for the numerous first nations citizens and families who are already living at or below the poverty line. The combined effect of the HST, the harmonized sales tax, increased membership under Bill C-3, the repeal of section 67 of the Canadian Human Rights Act, and the matrimonial real property legislation proposed in Bill S-4 will potentially deliver a devastating blow to first nations' struggling economies. Ironically, both Ontario and Canada have publicly pledged their commitment to helping eradicate first nations poverty. Without increased funding to accompany legislative changes, only harmful effects will be felt by the first nations people.
In conclusion, I make the following recommendations to the Government of Canada:
Recognize and respect first nations right to determine and have jurisdiction over our own identities and citizenship.
Acknowledge Canada's colonial history and commit to a process of decolonization. This should serve as the foundation for all other efforts to help first nations peoples.
Comply with human rights standards described in international law relating to indigenous peoples, in particular the indigenous right to determine identity and membership as well as the right to free, prior, and informed consent.
Canada, working together with first nations, should focus on addressing fiscal relations in order to move away from the existing unsatisfactory contribution arrangements. Address the reality that cost implications are a key interest underlying the government's insistence on controlling status.
Last, commit to providing financial assistance to first nations before the implementation of this legislation.
Meegwetch.