FSIN Communique September 24, 2010
Friday, 24 September 2010 14:15
FSIN
Communiqué
The Federation is committed to honouring the Spirit and Intent of the Treaties as well as the promotion, protection and implementation of Treaties that were made with the First Nations more than a century ago.
The FSIN is embarking on a new communication strategy. Part of this plan includes, the FSIN executive keeping the 74 First Nations in the province informed and updated on the important Treaty issues.
Office of the Chief- Guy Lonechild
Inherent and Treaty Right to Education
The First Nations Post-Secondary Education Rally held at the First Nations University of Canada campus was very successful. The assembled speakers sent strong messages regarding the crucial importance of the Crown fulfilling its obligations with respect to the Treaty Right to Education. The rally raised awareness about the need to build on the success of the Post-Secondary Student Support Program, as well as the need for comparable funding for First Nations education on par with provincial funding, and the necessity of ensuring the long-term sustainability of the First Nations University of Canada.
Thank you to all the Elders, Chiefs, Councillors, Post-secondary coordinators, Students and youth, and many other community members who supported the call for action towards the full implementation of First Nations control of First Nations education.
AFN Post-Secondary Rally
Chief Lonechild also attended the national rally and cultural celebration on Parliament Hill in Ottawa to draw national attention to the inequitable treatment of First Nations Education. Communities, schools, and regions, primarily from Ontario and Quebec all attended the event in Ottawa. Most notably, about 14 people from the Kitigan Zibi First Nation in Quebec walked 140 kilometres south to Ottawa, averaging 40 kms per day, to protest Ottawa’s approach to First Nations education.
Meeting with Minister John Duncan
Building on the momentum generated by the demonstration of broad political support for First Nation education, both in Saskatchewan and nationally, Chief Lonechild met with INAC Minister John Duncan in Ottawa on Thursday. Chief Lonechild discussed the need for increased funding to build capacity in the area of education and the need to pay First Nation teachers on par with a pending Saskatchewan Teachers Federation contract agreement.
First Nations University of Canada
The First Nations University of Canada (FNUniv) Selection Committee has short listed the 67 applications received for the Board of Governors to 12 candidates. The interviews will be taking place on Oct. 14-15th. Once these interviews are complete, the list of successful board candidates will be presented to the Joint Executive Council/Indian Government Commission for ratification, as per Section 30 of the Act Respecting the First Nations University of Canada. The Indian Government Commission meeting is scheduled for October 20, 2010.
PAGC Chiefs’ Meeting
Chief Lonechild attended the Prince Albert Grand Council Chiefs meeting to provide updates on a number of issues, with a priority on education initiatives. Grand Chief Ron Michel indicated that the Chiefs would like to discuss the subject of FSIN Revitalization as a stand alone topic at a later meeting.
Specific Claims
After the 1885 Métis Resistance, 14 First Nations in the Treaty Six area were labelled by the Government of the time as disloyal for alleged participation in the Rebellion. Decisions were made in a largely arbitrary way by Indian Agents. Treaty Medals were confiscated and the government withheld annuities from all members of First Nations labelled rebel Indians. In the years immediately after 1885 only a very small number of members of Rebel Bands had their annuities restored for what the government referred to as exemplary behaviour. The majority of the Rebel First Nations members received no annuities between 1885 and 1888.
Starting in 2001, Beardy’s and Okemasis, Little Pine, Poundmaker and Sweet Grass First Nations submitted specific claims arguing that Canada had breached its lawful obligation by withholding annuities without any legal authority to do so. In June of 2008, Canada responded, taking the position that these claims did not fall within the scope of Canada’s Specific Claims Policy.
Lead by Beardy’s and Okemasis, the 14 First Nations appealed to the Office of the Treaty Commissioner to find an alternate method of resolving this issue. As a first step, the Office of Treaty Commission had Canada agree to initiate a fact-finding process with the fact-finder, Jeremiah Bartram, commissioned to report to the Minister and the parties by March 31, 2011. This independent finding of facts will be used to determine future steps towards resolution of the claim.
In developing the terms of reference for the fact-finding process, the FSIN ensured a prominent role for Elders’ testimony. Elders meetings with the fact-finder will occur the week of October 19th in Saskatoon, and October 21st and 22nd in North Battleford.
Office of the 1st Vice Chief- Morley Watson
Tobacco Tax Exemptions
The Economic Development office has been working along with the legal team to resolve the tobacco tax exemption policies that have been implemented by the Province and have made various presentations to the Chiefs, store owners and Province on action to be taken. The “scripts” are being written and the “stage” being set for the test case by legal counsel for the Muskoday First Nation in consultation with legal counsel for the FSIN.
On October 7, 2010 Chief Austin Bear and other members of the Band Council of the Muskoday First Nation plans to purchase four cartons of cigarettes from the Muskoday First Nation store located on reserve. The store will collect the tax as now required by the Saskatchewan’s new, unilaterally imposed quota system When the rebate for the full three cartons is denied by the store based on the Government of Saskatchewan’s new legislation and regulations, Chief Bear and participating Chiefs will then bring legal action to recover the rebate of the sales tax that the new legislation and regulations has denied them.
This will involve bringing an action against the Government of Saskatchewan, preferably in Small Claims Court if permitted, or the Court of Queen’s Bench, if necessary. Legal counsel is looking at the jurisdictional issues. For procedural reasons, the test case will also involve Chief Bear and participating Chiefs bringing this action against the Muskoday store, as well as the Province. The matter will then go to trial.
This approach will put the issue of Saskatchewan’s changes the allowable quotas of non-taxable tobacco products sold to First Nation members on reserves squarely before the court. The test case will seek to address the primary issues at stake in this case, which are the validity of the Tobacco and Gasoline Agreements and the s. 87 of the Indian Act.
The troubling issue of the Government passing legislation that says if the new tobacco laws they passed conflict with the agreements they signed with First Nations that the legislation is to prevail. So First Nations are aware, if the Court finds that legislation to be applicable then the small claims court action will be frustrated and then game plan 2 will go into place. In this event the First Nations and their Stores should be tracking their lost revenues resulting from the new tobacco quotas.
On October 7, 2010, 10 Chiefs including Vice Chief Morley Watson have made plans to stand shoulder – to shoulder with the FSIN and Muskoday First Nation on tobacco tax exemptions. If your First Nation wants to participate in the challenge of Saskatchewan’s legislation contact the FSIN Economic Development or the Muskoday First Nation offices for full details.
Office of the 3rd Vice Chief- E.Dutch Lerat
Sakewew Cultural Camp and Prince Albert Grand Council (PAGC)
On Sept 21, Vice Chief E.Dutch Lerat attended the Cultural Camp that was hosted by Sakewew School in North Battle ford. He met with Elders, teachers and students in support of their cultural ceremonies. He also travelled to Prince Albert to provide an update to the PAGC Chiefs Assembly.
First Nations University of Canada (FNUniv) Rally
On Sept 22, Vice Chief Lerat attended the Post Secondary Rally at FNUniv in Regina. The Rally is to bring attention to proposed cuts the government may be making to the Post Secondary Student Support Program and to call for a long-term, sustainable post-secondary education program. FSIN, AFN National Chief Atleo and many prominent leaders, Students and First Nations from across the province were also in attendance.
Economic Development meetings
Vice Chief Lerat attended Economic Development meetings in Saskatoon and Regina as he shares the Economic Development portfolio with Vice Chief Watson. Information on the meetings will be made from the Office of the 1st Vice Chief.
Senior Technical Advisory Group (STAG) September 21 - 23, 2010
The Senior Technical Advisory Group met in Saskatoon. A number of issues were discussed and recommendations by STAG were given over the course of this 3 day meeting including:
Health Quality Council Advisory Group
Jordan’s Principle Joint Working Committee Terms of Reference
Responsible Gambling Conference
First Nations Addictions and Rehabilitation Foundation Research (FNARF)
Tobacco Control Work plan
Health Canada Environmental Health Cluster Review
Health and Social Development Secretariat 5 Year Plan
AFN Bio-Monitoring Initiative
AFN Dog Working Group
Bill – S11 Safe Drinking Water for First Nations, issues and responses
Health Infrastructure Strategic Action Plan
Health Services Integration Fund (HSIF) formerly AHTF
First Nations Disability Group Strategic Plan 2010-2015
INAC – Federation of Canadian Municipalities (FCM) Partnering
Bilateral Table Fiscal Sustainability
Treaty 6 Medicine Chest Update
Treaty Governance Office – Concept Paper, Treaty Right to Health
Office of the 4th Vice Chief- Lyle Whitefish
Lands and Resources
On October 6, 2010, the FSIN Lands and Resources Secretariat is hosting the first meeting of the Permanent Forum on Reconciliation of Lands and Resources to be held in Saskatoon. The forum was mandated by the Chiefs-in-Assembly as one component of the duty to consult political strategy. The forum will address outstanding issues in the area of Lands and Resources such as duty to consult and accommodate and resource revenue sharing. The first meeting will involve establishing a terms of reference and determining composition of the full forum. The forum will also include high level decision makers from both the federal and provincial governments.
Long Gun Registry
On September 23, 2010, Vice Chief Lyle Whitefish sent a media release responding to the decision to keep the long gun registry. In the media release, Vice Chief Whitefish calls on the federal government to exempt Treaty Indians from the registry. It is a common practice under Treaty for First Nations to receive ammunition as part of the annuity payments throughout the country on an annual basis. The FSIN has been in opposition of the long gun registry since its inception. On December 18, 2000, all First Nations in Saskatchewan signed a Declaration entitled, “Declaration of the Treaty First Nations of Saskatchewan In Respect of the Treaty Right to Sustenance and a Livelihood, and the Freedom to Carry Firearms without Restriction”.
First Nations in Saskatchewan have been threatened with criminal code violations for practicing their livelihood. This law results in people being labelled criminals that under normal circumstances would not be labelled as such. The problem is government is making no serious effort to consult with First Nations in Saskatchewan. First Nations’ opposition to the long-gun registry revolves around free, prior and informed consent and the duty to consult and accommodate. The FSIN has prepared a detailed model consultation process and procedure on consultation and accommodation for First Nations to adopt, which was designed to provide certainty to First Nations, government, industry, and the general public.
World Indigenous Youth Summit
The Secretariat is also continuing to plan for the upcoming World Indigenous Youth Summit on the Environment to be held in Saskatoon July2 4-29, 2011. More information will follow on the summit.
Upcoming Meetings and Events
September 28, 2010- First Nations Disabilities Golf Challenge, Whitebear First Nations
$700.00 per team $250.00 Hole Sponsor- For more info contact Linda Napope 306.956.1032
October 6, 2010- Health Social Development Commission Meeting –Radisson Hotel, Saskatoon from 9am to 5pm
October 7, 2010- Muskoday First Nation Tobacco and Gasoline Challenge – 10am
October 12, 2010- Lands and Resources Commission Meeting, 10 am at the Travelodge Hotel in Regina.
October 21-23, 2010 Health and Social Development Commission Meeting, Prince Albert, SK (location TBA) 9am to 4pm
November 17-18, 2010- SFNVA Fundraising Banquet and Annual Assembly- Dakota Dunes Casino