VOLUME 2, ISSUE 1 FEBRUARY 15, 2004

FIRST NATIONS STRATEGIC BULLETIN

BULLETIN OF THE FIRST NATIONS STRATEGIC POLICY COUNSEL

Does Paul Martin Really Represent a ‘New’ Agenda for First Nations, or More ‘Extinguishment and Termination’ Policies?

On December 12, The new Minister of Indian Affairs is 2003, before Paul Andy Mitchell. Mr. Mitchell has been a Martin took his Member of Parliament for the last ten public oath, he had years, but Mr. Mitchell is basically a organized his par- ‘banker’, an occupation he held for Special points of ticipation in a First twenty years before becoming a Mem- interest: Nations’ ’cleansing ber of Parliament. Andy Mitchell is ceremony’. This from the Parry Sound-Muskoka Riding · Q & A’s with ceremony was to in Ontario. There are seven First Nations symbolize Paul in the Riding—Wahta Mohawk First Na- Prime Minister Martin’s personal tion, Shawanaga First Nation, Magnete- Paul Martin, new · Aboriginal Jus- Prime Minister of commitment to mak- wan First Nation, Dokis First Nation, Canada ing Aboriginal is- Moose Deer Point First Nation, Wasauk- tice on SCC? sues a priority for sing First Nation and Henvey Inlet First his government, under the broad theme Nation. · A look at the of “Strengthening Our Social Founda- tions”. Mr. Mitchell served in Jean Chrètien’s Throne Speech Cabinet first as Secretary of State Re-Structuring Government (Parks), then as Secretary of State (Rural · Breaking down Development) (Federal Economic De- One of his first decisions Paul Martin velopment Initiative for Northern On- Ottawa’s Code- took as Prime Minister was to re- tario). talk about First structure the federal government, in order to place a “renewed emphasis on The new Deputy Minister of Indian Af- Nations Aboriginal issues to focus the govern- fairs is Michael Horgan. According to ment’s efforts” by: the INAC communiqué, Mr. Horgan be- · Fontaine a threat gan his career in the Public Service as · Appointing an Aboriginal Affairs an energy economist for the Depart- to First Nations? Advisor to the Prime Minister’s Of- ment of Finance in 1978. Since that time, fice to support the Prime Minister. he has served in a number of positions, including Executive Assistant to the · Establishing a new Cabinet Com- Senior Assistant Deputy Minister mittee on Aboriginal Affairs chaired (Policy) at Energy, Mines and Resources Inside this issue: by the Prime Minister. Canada; Assistant Director, Sales and · Establishing a new Aboriginal Se- Excise Tax Division, Department of Fi- New PM, New Agenda? 1 cretariat in the Privy Council Office nance; Director, Economic Policy and (in the ‘centre’ of government) to Analysis, Environment Canada; and Nault’s Bills Back? 3 support the Prime Minister and the Director, International Economic Analy- sis, Department of Finance. new Cabinet Committee on Abo- PM on Aboriginal Issues 4 riginal Affairs. From 1992 to 1996, Mr. Horgan was As- sistant Secretary to the Cabinet No Consent Forms? 5 New Appointments (Priorities and Planning), Privy Council Along with re-structuring government Office. In August of 1996 he was ap- IBA Open Letter 7 Paul Martin has wisely decided to drop pointed Deputy Secretary to the Cabi- net (Intergovernmental Policy and Com- Robert Nault from his ‘new’ Cabinet. Fontaine’s Agenda 9

Chrètien’s ‘Gift’ to Phil 16 FIRST NATIONS STRATEGIC BULLETIN

Page 2

‘New Agenda?’ Continued From Page One

munications), Privy Council Office. In and 3) restoring Canada’s role in the world March 1998 he was made Executive Vice- as one of influence and pride. President and Associate Deputy Minister, Atlantic Canada Opportunities Agency Aboriginal Affairs fall under the theme of (ACOA). He became President of ACOA on “Strengthening Social Foundations” and the April 1, 1999. Throne Speech made specific references to ‘Aboriginal Canadians’, this term is likely Andy Mitchell, new Most recently, Mr. Horgan was Senior Asso- intended to emphasize the Canadian citi- Minister of Indian ciate Deputy Minister of Finance, and the zenship-individual rights approach of the Affairs, Canada G- 7 Deputy for Canada. He was appointed Martin government. What the Throne to his current position on December 12, Speech specifically stated was the follow- 2003. ing: Mr. Horgan carried out his undergraduate Aboriginal Canadians have not fully studies in Economics and Political Science shared in our nation’s good fortune. While at Concordia University, Montreal, Quebec. some progress has been made, the condi- He completed graduate degrees in Eco- tions in far too many Aboriginal commu- nomics at both Queen's University in King- nities can only be described as shameful. ston, Ontario and Princeton University in This offends our values. It is in our collec- New Jersey. tive interest to turn the corner. And we Micheal Horgan, new must start now. The new Aboriginal Secretariat in Privy Deputy Minister of Indian and Northern Council Office will be headed up by John Our goal is to see Aboriginal children get Affairs Canada Watson, who leaves the position of INAC a better start in life as a foundation for British Columbia Regional Director Gen- greater progress in acquiring the educa- eral . tion and work-force skills needed to suc- ceed. “Aboriginal The new Aboriginal Affairs Advisor in the Canadians , this Prime Minister’s Office is Jeff Copenance, Our goal is to see real economic opportu- term is likely who will support the Prime Minister in his nities for Aboriginal individuals and com- intended to role as Chair of the new Cabinet Commit- munities. tee on Aboriginal Affairs. Mr. Copenance emphasize the served from 2001-02 as Paul Martin’s Spe- To see Aboriginal Canadians participat- Canadian cial Assistant at the Department of Finance. ing fully in national life, on the basis of citizenship- Mr. Copenance is an Ojibway from the historic rights and agreements - with Treaty 3 Region of Northwestern Ontario. greater economic self-reliance, a better individual rights quality of life. approach of the Throne Speech Martin The Government of Canada will work with First Nations to improve governance in government.” On February 2, 2004, the Governor- General, Adrienne Clarkson, read out the their communities - to enhance transpar- Throne Speech announcing a new session ency and accountability - because this is of Parliament and the priorities of the Paul the prerequisite to effective self- Martin government. It is widely expected government and economic development. that the session will focus on priority Lib- Aboriginal leadership is committed to this eral legislation left-over from the last ses- end and rapid progress is essential. sion of Parliament, and then Paul Martin will In order to support governance capacity in likely call a federal election sometime in Aboriginal communities and to enhance April 2004, and the vote to take place in effective dialogue, the Government will, May 2004. in co-operation with First Nations, estab- The initiatives of the Martin government lish an independent Centre for First Na- will fall under , or span, three main themes, tions Government. John Watson, new head 1) strengthening social foundations; 2) The Government will also focus on educa- of the Aboriginal Affairs building a robust 21st century economy; tion and skills development, because this Secretariat in PCO. VOLUME 2, ISSUE 1

Page 3

“New Agenda?’ Continued From Page Two is a prerequisite to individual opportunity federal Liberal election platform. and full participation. To pursue this goal, the Government will work with provinces Changes for the Better? and territories and Aboriginal partners in Despite the new structural changes and a renewed Aboriginal Human Resources new appointments, there are many out- Development Strategy. standing questions surrounding the inten- Too often, the needs of Aboriginal people tions of Paul Martin, and his government, off reserve are caught up in jurisdictional with respect to whether or not the Martin government will recognize and respect Paul Martin during his wrangling. These issues cannot deter us. Swearing-in Cere- First Nations Inherent, Aboriginal and The Government of Canada will work with mony, Dec. 12, 2004. its partners on practical solutions to help Treaty collective rights. Aboriginal people respond to the unique It will take much more than changes to the challenges they face. To this end, the federal machinery of government to ad- Government will expand the successful dress the rights and needs of First Nations. Urban Aboriginal Strategy with willing provinces and municipalities. Among one of the first actions Paul Martin’s government took last December was to The Government will also engage other launch a government-wide ‘program “Is Paul Martin levels of government and Métis leader- spending review’. This ‘spending review’ ship on the place of the Métis in its poli- is occurring while Treasury Board Au- going to do a cies. thorities are being renewed. First Nations ‘policy review’ The Government is committed to a more programs and services will be impacted by and honour these initiatives by the Department of Fi- coherent approach to Aboriginal issues. those 1993 To focus this effort, it has established a nance and Treasury Board. Liberal new Cabinet Committee on Aboriginal In 1993, Paul Martin was the main archi- Affairs, chaired by the Prime Minister; a tect of the Liberal promises contained in promises or is Parliamentary Secretary; and an Aborigi- the Red Book and their Aboriginal Plat- he going to try nal Affairs Secretariat in the Privy Council form. Over the last 10 years Jean Chrètien Office. . . And we are committing the re- and bury them has put in place federal policies that have with ‘new’ sources needed to ensure safe drinking broken those 1993 Liberal promises. Is Paul water in First Nations’ communities. Martin going to do a ‘policy review’ and Liberal The above statements represent the extant honour those 1993 Liberal promises or is promises?” of the federal commitments so far. The next he going to try and bury them with ‘new’ actions to watch for from the Martin gov- Liberal promises? ernment is the federal budget, and then the

Andy Mitchell to Move Ahead on Nault’s ‘Suite of Legislation’ with Some Changes

On January 21, 2004, the new Minister of (First Nations Fiscal & Statistical Manage- Indian Affairs, Andy Mitchell, announced ment Act) into Parliament, although he is he was going to proceed to implement the saying it will be ‘optional’ for First Nations. former Bill C-6 (Specific Claims Resolution Act) and that he “will also work with the On the former Bill C-7 (First Nations Gov- Assembly of First Nations and its mem- ernance Act), Minister Mitchell says he will First Nations Caravan Ar- bers to address some of their concerns not be re-introducing the FNGA, he will be rives on Parliament Hill to in the course of the bill’s implementa- consulting with First Nations Leaders and Protest the Nault-Chrètien tion”. Minister Mitchell also said he was members on how to “apply the principles ‘Suite of Legislation’. (April 28, 2003) going to re-introduce the former Bill C-19 of good governance”. FIRST NATIONS STRATEGIC BULLETIN

Page 4

CBC ‘The National’ Holds a Forum with the Prime Minister: Here are the Q & A’s on Aboriginal Issues

getting education, the health care is there, we want to make sure when they make the transition to the cities that, in fact, it can happen. Let me give you one example. Immigration is incredibly important to our country. We bring people from the four February 4, 2004 (Partial Transcript) All of corners of our globe. We understand the information contained herein is Copy- there's an adjustment period. Well, I've right CBC/SRC, 2003. All Rights Re- talked to too many young aboriginals who served. come from northern Saskatchewan or Brit- ish Columbia all of a sudden to Regina or to PETER MANSBRIDGE: All right, next Winnipeg or Vancouver, and they talk question. about that transition and say there's nobody

Peter Mansbridge, Chief there to help us and get us settled. So I'm WENDY CHARR ( CAMPBELL RIVER, going to make sure that happens. Correspondent, CBC B.C.): Television Hi, Prime Minister. My name is Wendy WENDY CHARR: Char from Campbell River, B.C. My ques- No not to mention the disastrous social ex- tion is regarding aboriginal issues, and I periment of residential schools and what hear reports that you personally are com- “what specifically that did. I think it destroyed several gen- mitted to resolving things like land claims erations of native people, and I'm glad that is your and treaty negotiations, for instance. But you're addressing it. government going what specifically is your government going to do that's any different from any previous PAUL MARTIN: to do that's any governments that have tried many times Yes, you're right, and first of all, again, on different from any and failed at these things because as far as the residential schools, but I can tell you I'm concerned, the aboriginal issue is Can- previous one thing, and you have more experience ada's dirty little secret. than I do, but I was on the Blood Reserve in governments that southern Alberta not long ago, and there have tried many PAUL MARTIN: were a group of young people who asked Well, you know, it certainly is an unaccept- times and failed at me to come, and so I met with about 13, 14 able state. I will be to the best of my knowl- of them, and I tell you, I was incredibly im- these things edge the first prime minister who has made pressed by the leadership I saw these because as far as it his responsibility. I mean, the minister of young people take. There's a tremendous Indian Affairs has a very, very important I'm concerned, the opportunity for confidence as well. role to play, and he is playing it, and this aboriginal issue is will obviously be dealing with the wide WENDY CHARR: range of areas, the land claims that you've Thank you. Canada's dirty little just referred to. But I've also set up out of secret.“ my office a new secretariat to focus on that PETER MANSBRIDGE: because I believe the time has long since If I can just refer back to her opening re- past that we have to deal with it. We're tak- marks about Canada's dirty little secret, it ing about health care, education, and a just seems that as far back as we go wide range of new problems. The fact is through governments of all stripes, there's 52% of aboriginal Canadians now live in always this commitment at the beginning of cities and the federal government under its a term that something is going to happen guise has no jurisdictional responsibility. I on the aboriginal Canadian front to resolve think we have to set that aside. Look, I don't some of these historic issues, and it seems want to get involved in the question of juris- that, you know, some governments try aw- diction. I don't think that because 52% of Treaty Medal Symbolizing fully hard, but nothing happens. The situa- aboriginals live in cities that the federal tion seems to remain the same. Why is it the First Nations-Crown government should wash their hands. We Relationship going to be different under Paul Martin? want to make sure young aboriginals are VOLUME 2, ISSUE 1

Page 5

‘Q & A’s’ Continued From Page Four

you have to make a structural change in PAUL MARTIN: government so that you bring the full focus Well, first of all, it's going to be differ- of government on it, and that's what I've done, and I believe, I believe that this is the Centre Block, Parliament ent because I really believe. I believe with Hill, Ottawa, Ontario every fiber of my being that this is national first time it's ever been done. disgrace, and not only is it a national dis- grace, it's huge waste of opportunity. PETER MANSBRIDGE: Young aboriginal Canadians are the fastest In spite of whatever else your administra- growing segment of our population, and for tion may achieve through whatever length us not to simply not face up to that and un- of time it's in office, if you leave office “essentially derstand what an opportunity it is for the without some resolution or a clear path that there are rest of the nation is just crazy. But I'll give to resolution on this issue, will it be a you another reason. The minister of Indian failure then? two areas that I Affairs plays an incredibly important role, will deem my and I think we've got a superb minister of PAUL MARTIN: mandate to Indian Affairs right now, and we have had great ones in the past, but the minister of I have said essentially that there are have been a Indian Affairs only deals with one segment, two areas that I will deem my mandate failure. One is and one of the things I've learned in gov- to have been a failure. One is the issue the issue of ernment is that if what you want to deal with of western alienation, which I don't be- western is deal with a cross-cutting issue among a lieve is a myth. I think it is a reality, alienation . . . whole wide series of departments, health and I am determined to do something as an example, industry, environment, that about it, and the second one is the is- the second one the only way it really happens is if the is the issue prime minister says this is a priority, and sue we're just talking about now and that is aboriginal. we're just talking about now and that is aboriginal.” Health Canada Drops ‘Consent Forms’

On February 4, 2004, Health Canada an- In a few instances, where client safety or nounced a ‘new approach’ to the Non- inappropriate use of the system may be a Insured Health Benefits (NIHB) Program’s concern, the NIHB Program will seek the Consent Initiative. express consent of clients to share their personal information with health care pro- Under this new approach, the NIHB Pro- viders. This consent may be provided ver- gram will not require a signed consent bally or in writing. In a few cases, NIHB form for day-to-day processing activities may refuse to pay for prescriptions until a and program administration. NIHB clients patient safety plan is in place. will therefore continue to receive benefits for which they are eligible even if they One of the keys to this approach to privacy have not signed a consent form. is providing clients with clear information on how and why their personal health infor- Several factors have made this new ap- mation will be collected, used and pro- Pierre Pettigrew, Minister proach possible. These include an evolv- tected. Health Canada will continue its of Health Canada, agreed ing privacy environment, feedback from privacy awareness efforts in collaboration to withdraw controversial First Nations, Inuit and other stakeholders, with First Nations and Inuit to ensure that ‘consent forms’. and insights gained during the past three clients know how their information is used years. This approach respects the privacy and protected. rights of clients and is consistent with cur- rent privacy legislation. (Source: Health Canada Press Release) FIRST NATIONS STRATEGIC BULLETIN

Page 6

Consider Aboriginal Judge for Top Court: Cotler It’s time to think outside the box, Justice Minister says

By CRISTIN SCHMITZ consultation with the legal community. In an unprece- Over the past week, Mr. Cotler trav- dented move, Jus- elled to law schools in Winnipeg, Ed- tice Minister Irwin monton, Ottawa, Toronto and Halifax to Cotler is urging the find out what young people believe Supreme Court of Canada, Liberal govern- should be on the justice agenda. Building Ottawa, Ontario ment to consider appointing the first He said he has been “inspired” by aboriginal justice Inuit law students from Nunavut’s Akit- to the Supreme siraq Law School who argued that a Court of Canada. strong grasp of the First Nations’ legal tradition would be helpful on the top Irwin Cotler, new “I think we have court, which is required to decide Minister of Justice qualified people many aboriginal claims with huge so- Canada, Suggesting appointment of an amongst the abo- cial and financial ramifications. riginal commu- Aboriginal Person to “I said I would raise this point that they the Supreme Court of nity,” Mr. Cotler “I think we made because if you look at it … on the Canada said. “I think it’s Supreme Court we have three judges have something that de- to protect the civil law tradition from serves serious consideration. I think qualified Quebec, and we have judges protect- we have to start thinking outside the ing the common law tradition, and we people box in terms of our approach to judicial have regional representation for the appointments.” amongst the purposes of giving expression to the aboriginal The former McGill University law pro- diversity of this country,” Mr. Cotler fessor and internationally respected said in an interview to be published community,” human rights advocate is the first fed- next week in The Lawyers Weekly, eral justice minister in the court’s 129- “and so the question is ... ‘What about year history to publicly suggest that the tradition of First Nations?’ This is the time may be ripe for appointing an something I think we need to think aboriginal jurist to the high court. about.” The nine-member court reserves three He also stressed that the Supreme positions for Quebec, three for On- Court has a “distinguished record” in tario, two for the West and one for the dealing with claims of systemic dis- Atlantic region. The next vacancy will crimination and historic oppression. likely occur in Western Canada. “I don’t think that we should get into Mr. Cotler has identified equality the issue that every group that is un- rights and aboriginal justice as top pri- der-represented, or has been the vic- orities for his portfolio. tim of systemic discrimination, is The Supreme Court of thereby entitled to a representative on Canada He is also in charge of implementing the court.” one of Prime Minister Paul Martin’s most far-reaching leadership cam- Mr. Cotler added he was not suggest- paign pledges — reforming the secre- ing that an aboriginal jurist should be tive process for appointment to the Su- appointed merely because he or she is preme Court which gives the prime aboriginal. minister absolute authority to select “I think there are qualified people, and the judge, following behind-the-scenes VOLUME 2, ISSUE 1

Page 7

‘Cotler’ Continued From Page Six when we started to think differently country, most at the lowest provincial about appointing women to the Su- court level. No aboriginals have been preme Court of Canada we realized appointed to a provincial court of ap- that there were qualified women who peal — the usual stepping stone to the could be appointed,” he noted. “We Supreme Court of Canada. should open up our thinking about In 1997, the Royal Commission on Abo- these issues and we may find that it will riginal Peoples urged that at least one give expression to a different ap- spot on the Supreme Court be re- proach to appointing judges.” served for an aboriginal member. About 700 aboriginal people hold law (Reprint from Ottawa Citizen © The Ot- degrees in Canada, according to the tawa Citizen 2004) Indigenous Bar Association. There are just 20 aboriginal judges across the “it should be Open Letter from President of Indigenous Bar Association accepted as a Supporting Minister of Justice's Comments part of Canadian legal tradition 27 January 2004 nal person to the Supreme Court of Can- that one of the ada. The main reason is that this Court is nine positions OPEN LETTER now often being called upon to make legal on the Supreme I am the President of decisions on important cases involving Court of Canada the Indigenous Bar Aboriginal and Treaty rights. We are see- Association (IBA). ing major developments in this area of law, be reserved for We are a national which is now being referred to as an Aboriginal association of Indian, "Aboriginal law". person.” Inuit and Métis lawyers, legal consultants Canada has a tradition of legal pluralism and law students in Canada. and for accommodating diversity. We rec- Over the years the IBA has advocated that ognize that making space for Quebec legal Aboriginal lawyers be appointed to the traditions is an essential part of making Supreme Court of Canada and other supe- federalism work. It would be peculiar if the rior courts including the Federal Court of top court of the land were to make pro- Canada. We have argued that it should be nouncements on matters of Quebec civil accepted as a part of Canadian legal tradi- law, if none of the nine judges of the Su- tion that one of the nine positions on the preme Court were trained in the civil law Supreme Court of Canada be reserved for tradition. It is a simple fact that Quebec is an Aboriginal person. The recent com- different than other provinces. ments by the Justice Minister supporting It is different linguistically, culturally, and the appointment of an Aboriginal person to legally. sit as a Judge on the highest court in this country are welcomed with unconditional It simply makes sense that these differ- enthusiasm by the IBA. While there will no ences be acknowledged and accommo- Diane G. Corbiere, doubt be opposition to this suggestion, we dated. One mechanism for acknowledging President, Indigenous encourage the Justice Minister to proceed and accommodating these differences is Bar Association on this matter with the single-mindedness the tradition of reserving three of the nine and courage that is necessary to make real positions on the Supreme Court of Canada change happen. for judges from Quebec. In fact, we would argue that there are ju- Aboriginal people have their own lan- ridical reasons for appointing an Aborigi- guages, cultures and legal traditions FIRST NATIONS STRATEGIC BULLETIN

Page 8

‘IBA Letter’ Continued From Page Seven

that are different from those of other Canadi- Crown as the perceived representative of ans. These differences are rooted in the his- the majority's interests. tory and culture of this country and acknowl- edged within our constitutional framework. The changes required have been docu- This too, is a simple fact. The entrenchment mented in the numerous reports and stud- of Aboriginal and Treaty rights in the Consti- ies that have been conducted over the tution Act, 1982 is a part of recognizing and years on Aboriginal people and the justice accommodating these differences. But the system. Changes are required at every recognition of rights was not intended to be level. There are laws that need to be and never will be a panacea. Rights them- changed; there are service providers that selves are not enough. Rights need to be need more training and more funding; honoured, and this takes political will and there are prison guards that need to be re- institutional reform. educated; there are police that need to be more sensitive, etc. All of this and more Many members of the IBA are practitioners needs to be done, if the types of statistics and work on a daily basis in the justice sys- we read about and that Aboriginal practi- tem. And whether we as Canadians accept it tioners and others see on a daily basis are or not, the fact is that the current justice sys- to change. One Aboriginal Judge on the tem has fostered and perpetuated racist atti- Supreme Court of Canada will not change tudes that need to be rooted out. The most this. But it is a start, and a courageous sug- glaring example of systemic racism is the gestion by the new federal justice minister disproportionate number of Aboriginal peo- which the IBA vigorously embraces. ple in prisons. Aboriginal people are a Respectfully, small part of the Canadian population, yet “The most Aboriginal people make up a significant Dianne G. Corbiere glaring example percentage of the prison population. In President, Indigenous Bar Association of systemic provinces like Manitoba and Saskatchewan, the disproportion is greater. racism is the [email protected] IBA OBKECTIVES: disproportionate The Canadian justice system, as it relates to number of Aboriginal people, is crying out for change. 1.To recognize and respect the spiritual basis The Supreme Court of Canada has acknowl- of our Indigenous law, customs and tradi- Aboriginal edged this in a number of recent cases, par- tions. people in ticularly in R. v. Gladue, (1999) 1 S.C.R. 688 2.To promote the advancement of legal and prisons.” and R. v. Williams, (1998) 1 S.C.R. 1128 deci- social justice for Indigenous Peoples in Can- sions. In Williams at paragraph 58, the Court ada. said this of the criminal justice system: 3.To promote the reform of policies and laws affecting Indigenous Peoples in Canada. There is evidence that this widespread ra- 4.To foster public awareness within the legal cism has translated into systemic discrimi- community, the Indigenous community and nation in the criminal justice system: see the general public in respect of legal and Royal Commission on Aboriginal Peoples, social issues of concern to Indigenous Peo- Bridging the Cultural Divide: A Report on ples of Canada. Aboriginal People and Criminal Justice in Canada, at p. 33; Royal Commission on the 5.In pursuance of the foregoing objects, to Donald Marshall, Jr., Prosecution: Find- provide a forum and network amongst In- digenous lawyers: to provide for their con- ings and Recommendations, vol. 1 (1989), tinuing education in respect of developments at p. 162; Report on the Cariboo-Chilcotin in Indigenous law; to exchange information Justice Inquiry (1993), at p. 11. Finally, as and experiences with respect to the applica- Esson C.J. noted: tensions between Abo- tion of Indigenous law; and to discuss In- riginals and non-Aboriginals have in- digenous issues. creased in recent years as a result of devel- opments in such areas as land claims and 6.To do all such other things as are incidental or conducive to the attainment of the above fishing rights. These tensions increase the objects. potential of racist jurors siding with the VOLUME 2, ISSUE 1

Page 9

Phil Fontaine’s ‘Getting Results’ Agenda: A Threat to First Nations Inherent, Aboriginal & Treaty Rights?

During the official AFN campaign for Na- communities in lost opportunities and tional Chief, held last summer in Edmon- additional costs to our education pro- ton, Alberta, Phil Fontaine released his grams; platform, which consisted of the following ten points, or themes: · Creating Jobs for Our People: A youth strategy that will work with gov- · Making AFN Relevant: A refocusing ernment and major business on to sig- of the AFN and renewal of the mandate nificantly reduce our unemployment for the organization; rates and take advantage of the current nation wide skill shortages. · Implementing Treaty Right and Fi- duciary Responsibility for Housing: · Reinstate the Women's Secretariat at Establishment of a comprehensive AFN: A comprehensive policy that housing policy that takes into account effectively addresses women's issues. our rapidly growing population and the fact that we need 8,500 homes na- · A Comprehensive Economic Strat- tion-wide and that 44 percent of exist- egy: Increase the federal contribution ing housing need renovations; to our economic infrastructure and develop a regional partnership and · Implementing Treaties, Delga- community-planning program. Phil Fontaine, National muukw and Marshall, Through Re- · A National Language and Cultural Chief, Assembly of First source and Revenue Sharing: Trea- Nations ties that reflect our nationhood and Strategy: A framework for the protec- rights. Marshall re-affirms our Treaty tion, retention and revitalization of rights to resources and revenues. Del- each of our distinct languages, histo- gamuukw recognized that Aboriginal ries and cultures. “there is confusion Title over our traditional territories On the surface these ten points seem admi- exists and that Aboriginal Title in- amongst Chiefs, rable enough, but Phil Fontaine didn’t re- Councillors, First cludes an economic component. A pro- lease the details on how he proposes to Nations active claim settlement strategy driven implement his ‘vision’, or platform, until by a strong First Nation driven policy well after the AFN election. organizational staff framework; and community Even now there is confusion amongst members about · Implementing Our Powers and Chiefs, Councillors, First Nations organiza- what are the Downsizing DIAND: Downsizing the tional staff and community members about details of Phil bureaucracy of Indian and Northern what are the details of Phil Fontaine’s Fontaine’s Affairs Canada and continued devolu- ‘Getting Results’ agenda. tion of programs to our communities, ‘Getting Results’ with all of the requisite resources; The confusion exists because Phil Fontaine agenda.” released two different ‘Getting Results’ · Implementing Treaty and Fiduciary documents, one document was made Pub- Responsibilities for Health: Particu- lic, this was entitled “Assembly of First lar attention to Elders with a health Nations Pre-Budget Submission 2003”, strategy that assists our community and is 64 pages in length. The AFN ‘pre- members by supporting programs that budget submission’ was presented to the are community based and community House of Commons Finance Committee focused; and recommended $1.7 Billion in increased federal spending to First Nations for the · Investing in Our Future Through 2004-05 fiscal-year in a number of program Education: A youth and education and negotiation areas. strategy that utilizes our most impor- Phil Fontaine, during Re- Election as AFN National tant asset - our youth. Under my lead- During the last AFN Confederacy meeting Chief in Edmonton, Al- ership, the AFN would hold the federal held in Ottawa last December, there was berta, July 2003. Phil government and provinces account- some debate between the Chiefs, the AFN Fontaine campaigned on able for drop-out rates. This costs our National Chief and his Executive Commit- his ‘Getting Results’ Agenda. FIRST NATIONS STRATEGIC BULLETIN

Page 10

‘Getting Results’ Continued From Page Nine

tee about the amounts proposed by AFN to been to have a number of AFN Chiefs’ the Finance Committee. Many Chiefs were Committee’s mandated to manage certain of the view that the proposed amounts in ‘national issues’. The mandates of the AFN the ‘Getting Results Pre-Budget Submis- Chiefs’ Committees are approved by the sion’ were not enough to meet First Nations Chiefs-in-Assembly, or a duly called AFN urgent needs across the country. By most Confederacy meeting. accounts the AFN ‘pre-budget submission’ Federal proposals, though deficient in some re- Since the AFN Election Assembly last July, spects, were not that controversial. it appears that Phil Fontaine and his sup- Policy porters have been trying to re-structure the It is the second ‘Getting Results’ document, AFN on an interim basis and ignore exist- Guide which is more troublesome and it was ing AFN Chiefs’ Committees in order to never officially made public by Phil make proposals to the federal government

Fontaine to First Nations Chiefs or commu- without first obtaining proper mandates nity members. It was presented only to the from the Chiefs-in-Assembly, or an AFN AFN Executive Committee during it’s meet- Confederacy meeting. ing of October 7, 2003 in Vancouver. ABORIGINAL Under Phil Fontaine’s ‘Getting Results’ SELF- This AFN ‘Getting Results’ document is enti- Agenda the AFN proposes to establish a tled “An Agenda for Getting Results: A number of ‘National Chief’s Commis- GOVERNMENT Partnership Proposal from the AFN to sions” for 1) AFN Renewal (9 members), the Government of Canada”. 2) First Nations Government Implemen- tation of Jurisdictions (9 members), 3) This ‘AFN Getting Results Partnership Revenue Sharing/Regional Support (9 Proposals’ document proposes that the members), 4) Expediting Land Claims federal government give the AFN National Settlements (9 members), 5) Economic Office $27 Million, or about $9 Million a Development (9 members) and 6) Restor- year over 3 years to implement nine of the ing Language and Culture. ten areas of Phil Fontaine’s ‘Getting Re- sults” agenda. The ‘Women’s Secretariat’ is The AFN National Chief and the Executive missing from the AFN ‘partnership propos- Committee have proceeded to establish an als’ document of October, 7, 2003. ‘AFN Renewal Committee’ without a man- The Govern- date from the Chiefs-in-Assembly or a Con- ment of Can- The ‘AFN partnership proposals’ to the federacy meeting decision. The ‘Renewal Government of Canada include a number Committee’ seems to be made up of people ada's Approach of areas, which affect the section 35 consti- from regions/First Nations where Phil tutionally protected Inherent, Aboriginal to Implementa- Fontaine got his election support. This does and Treaty rights of First Nations. not bode well for reconciling the differ- tion of Phil Fontaine and his supporters are pro- ences within the 60-40 split among the the Inherent ceeding to try and implement the Fontaine Chiefs, as represented by last July’s AFN election platform as if the AFN election win election results. Right and the gives the National Chief the right to ignore On top of setting up a biased Committee on Negotiation of the AFN Charter. internal First Nations politics and structure, Aboriginal Self- Under the AFN Charter the AFN National a more worrisome aspect of Phil Fontaine’s Chief, and the AFN Executive Committee AFN ‘Getting Results Partnership Government do not have any inherent authority, the AFN Agenda’ are his proposals to enter into a National Chief and Executive get delegated “coordinated policy development proc- authority from the First Nations [Chiefs]- esses with the federal government”, by in-Assembly and the AFN Confederacy of AFN setting up “National Tables” in sev- Nations. eral key areas affecting the rights, title, interests and jurisdictions of First Nations, The existing AFN structure is not intended such as, self-government, Aboriginal title to be a ‘top down’ structure, but that is ex- and Rights, Treaties, Specific Claims, Addi- actly how Phil Fontaine and a number of the tions-to-Reserves, Natural Resources use AFN Vice-Chiefs are trying to operate the and allocation, including economic bene- national organization. The convention has fits. VOLUME 2, ISSUE 1

Page 11 ‘Getting Results’ Continued From Page Ten

Phil Fontaine’s ‘Getting Results Partner- First Nations Government’ cited in ship Agenda’ is basically using the same Fontaine’s ‘Getting Results Partnership formula he used during his first term as Proposals to the Government of Canada’ AFN National Chief (1997-2000), when Phil are those First Nations who have already Fontaine, along with a small group of sup- opted to settle on reducing their section 35 porters, negotiated what became the fed- constitutional status through the restrictive eral response to the final report and recom- terms and conditions of the federal Self- mendations of the 1996 Royal Commis- Government and Comprehensive Land sion on Aboriginal Peoples, the federal Claims policies, the examples AFN cites Gathering Strength and the Agenda for are the Council of Yukon First Nations, Action with First Nations initiatives were the Nisga’a and Westbank First Nations. short lived illusions, designed to distract and delay addressing the inherent, Abo- What about the majority of First Nations riginal and Treaty rights of First Nations. who have refused to conclude final agree- ments, or even agree to negotiate under All of the results of the “joint initiatives” these federal policies? What happens to that Phil Fontaine established (1997-2000) their rights when AFN is out promoting and with the Department of Indian Affairs were helping to implement federal ‘governance, subsequently ‘cherry picked’ by INAC claims and fiscal’ policies in secret meet- officials and were used to prepare Robert ings with the federal government? Nault’s infamous ‘suite of legislation’, which the Martin government seems ready to pro- When AFN talks about a ‘national process’ ceed with, subject to some changes. to ‘support the implementation of treaties “It seems then, and aboriginal title’, it seems the National that Phil What Phil Fontine’s ‘Getting Results Part- Chief, his supporters, and some of the AFN nership Agenda’ seems to be about is us- Vice-Chiefs, are talking about agreeing to Fontaine’s AFN ing the AFN National Office, to help the come under the existing ‘extinguishment election win federal government implement the existing and termination’ federal policies instead of self-government, land claims and fiscal changing them to ‘recognize, respect and was about policies of the federal government upon affirm’ Aboriginal Title, Rights and Treaties. getting results First Nations, with or without their consent. In fact, a diagram in the Fontaine ‘Getting for the Federal First Nations should remember that the Results Partnership Agenda’ clearly Government, main federal objectives in its self- shows the AFN ‘National Chiefs’ Com- not necessarily government, land claims and fiscal policies mission on Implementing Jurisdiction’ is to limit federal exposure on ‘contingent plugging into the ‘Federal Steering Com- First Nations.” liabilities’ while “emptying out” section 35 mittee on Self-Government and Compre- of any significant meaning through one hensive Claims’. sided negotiations with First Nation leaders and communities who are willing to enter The mandate of the ‘Federal Steering into such negotiations under the unilateral Committee (FSC) on Self-Government terms spelled out in the federal policies, and Comprehensive Claims’ is to ‘review processes and practices. and recommend’ negotiating mandates within the ‘authority’ of the federal self- Phil Fontaine’s ‘Getting Results’ agenda is government and comprehensive claims predicated on Jean Chrètien’s 1969-2003 policies, which includes fiscal relations. ‘extinguishment and termination’ policy The FSC is made up of Assistant Deputy framework, the principles of which are con- Ministers from departments from across tained in the federal Liberal’s ‘suite of leg- government. This is the federal committee islation’. that recommends to PCO, PMO and Cabi- net Committee’s whether to continue ne- The existing federal policies that are be- gotiations, or not, with a particular First ing used to deny, extinguish and/or termi- Nation. nate First Nations rights, title, jurisdictions and interests are the same federal policies It seems then, that Phil Fontaine’s AFN elec- Phil Fontaine and many of his supporters tion win was about getting results for the are already operating under. Federal Government, not necessarily First Nations. Some of the examples of ’Implementing FIRST NATIONS STRATEGIC BULLETIN

Page 12

Speech from the Throne 2004, #1: A Non-Event

On February 2, 2004, in a great display There were other platitudes that give of tradition, theatre, pomp and circum- an indication of how Paul Martin would stance, the Canadian Government like people to see him. “Caring”, staged one more “Speech from the “giving a hand when needed”, a Prime Paul Martin chats with Gov- Throne”. There was smoke from can- Minister of a government “where no ernor-General, Adrienne non-fire, inspection of the troops, com- one is left behind”. He wants to be Clarkson, in the Senate, plicated centuries-old rituals, and fi- seen as action-oriented: “There is no before she delivers the nally, the spectacle of the Governor excuse for inaction.” He wants to be Throne Speech, Photo by Patrick Doyle-PMO General of Canada sitting on a seen as different from the Chretien re- “throne” and reading as her own a gime: “This Speech from the Throne speech which everyone knows was marks the start of a new government, a written in the Prime Minister’s Office. new agenda, a new way of working.” “The Throne The drama obscured some basic facts. Which makes it all the more difficult to Speech Fact One: Paul Martin may have been understand why, in separate an- contained the elected by the Liberal Party as its nouncements, Martin’s Minister of In- usual tongue- leader, but Paul Martin has not yet re- dian Affairs Andy Mitchell’s first public clucking about ceived a mandate from the Canadian pronouncements were that he would electorate. The Throne Speech can continue with the Chrètien agenda and poor conditions only be seen as an early shot in the the same old way of working. He would for First Nations federal election which is expected to reintroduce Bill C-19 to set up new people. be called in late March or early April, a “fiscal institutions”. He will implement Conditions are few weeks away. Which leads to Fact Bill C-6 to establish the totally discred- “deplorable”, Two: no government can do much to ited ‘Specific Claims Resolution Cen- “shameful”, deliver on Throne Speech promises in tre’ which was denounced by every “tragic”, the a matter of a few weeks. First Nation and every lawyer who ap- Governor peared before the Senate Committee Still, the Throne Speech offered a General read. holding hearings on the Bill, and which glimpse into how Paul Martin and his required closure both in the House and Whether the government wants the Canadian public Senate to force the Bill through. Paul Martin and First Nations to view his regime. government will As for Bill C-7, it will be sent back to The Throne Speech spoke of Canada’s change that is the bowels of Indian Affairs to be re- history, and Canada’s “capacity for yet to be seen. “ jigged, a bit of paint and cosmetics, change” as part of Canada’s strength some new clothes, and sent back to as a complex and modern country. Parliament. Given the position already “Human dignity and respect for oth- taken on Bill C-6 and C-19, it becomes ers” and a realistic awareness of Can- difficult to believe any promise that C- ada’s past helps Canada “to move for- 7 will be fixed up through consultation, ward to express Canada’s true values”. partnership, and collaboration. Whether this will translate into human dignity and respect in the relationship The Throne Speech contained the usual between the federal government and tongue-clucking about poor conditions First Nations will have to be tested. Is for First Nations people. Conditions are Canada’s colonial relationship with “deplorable”, “shameful”, “tragic”, First Nations consistent with Canada’s the Governor General read. Whether “true values”? Time will tell, and First the Paul Martin government will Nations will have to put the issue to the change that is yet to be seen. test.

VOLUME 2, ISSUE 1

Page 13

Whose Native Peoples? Whose Key Words? A Linguistic Reflection on First Nations Governance

By Michael (Mickey) Posluns Weaver’s evaluation of Penner. Both Nault and Austin in statements to the Aboriginal [email protected] Peoples Committee of the Senate argued Key words are words that open up whole that the leaders who were opposing C-6, rooms of meaning. Often, key words have the Specific Claims Bill were promoting a multiple levels of meaning. First Nations “sovereignty” agenda and that sovereignty relations is different from Indian policy be- was not something that the Minister of In- cause (1) it recognizes the collectivity of dian Affairs could negotiate. Rolland Pan- First Nations and (2) thereby touches base gowish, when he appeared before the com- with the historic relationship enshrined in mittee for the AFN for a second time, The Royal Proclamation of 1763, and (3) pointed out that sovereignty was not some- does not focus on “policy”, the objectives thing he had ever discussed. Sen. Nick and direction of one government but on the Sibbeston (Lib., N.W.T.), who generally Keith Penner, Chairman mutuality of a relationship. supported the Government’s position on of Special Parliamentary the Specific Claims Bill, nonetheless, Committee on Indian Bill C-7, The First Nations Governance Act pointed out that the minister’s accusation Self-Government in of the last parliamentary sessions, the cen- was not sustained by the record, “What I 1983. trepiece of Bob Nault’s, used “First Na- am concerned about is that the minister tions” repeatedly throughout a preamble raised this point about sovereignty. I have that was a bald statement of the assump- to say that this issue of sovereignty was tions and attitudes of the Chrétien Govern- never raised by any of the AFN witnesses. “Key words ment and the bureaucrats of DIAND. Once To me, this is a red herring. It is not even past the preamble, into the actual bill, the on the table. It is an attempt to mislead us are words that stuff that people feared would make bands in some way.” open up whole into corporations, weaken the fiduciary duties of the Crown and strengthen the Perhaps “red herring” are a political bait- rooms of stranglehold of the government, the words fish, thrown into the pool by politicians who meaning. “First Nations” never occurred again. need to sidetrack the debate and distract the committee from serious consideration Often, key When the 1983 Special Commons Commit- of the criticisms that opponents of their pro- words have tee on Indian Self-Government brought in posal have actually been making. multiple levels the Penner Report, Sally Weaver, an anthro- “Sovereignty” is a particularly effective red pologist who had made a study of contem- herring in Canadian political discourse, of meaning.” porary First Nations political organizations possibly because “sovereignty” is so said that Penner was the first report of its strongly identified with Québec separa- kind that spoke about self-government in tism. In the United States, when a political the same terms in which First Nations lead- convention is nominating their presidential ers and teachers and thinkers discussed candidate, every state delegation an- those same issues. One reason I keep go- nounces itself as “The sovereign state of ing back to Sally Weaver’s observation is ______.” that a common vocabulary is an essential requirement for any kind of significant dia- In 1971, when Walter Gordon, a respected logue. All the Senators on the Banking and First Nations leader, appearing before a Commerce Committee are able to engage Joint Senate-House Committee on the Cana- in a genuine dialogue both with bankers dian Constitution, wanted to introduce the and with the officials from the Finance De- idea of self-government as a fundamental partment because they all speak much the Aboriginal and treaty right, he quoted at same language. length from a speech on Indian self- determination given by Richard M. Nixon. Walter Gordon, Director Contrast the testimony of Bob Nault and the That, of course, was before Nixon was cited of Indian Rights & Treaty speeches of Jack Austin, then Nault’s point by a U.S. federal court for the unlawful use Research, of the Federa- man on the Senate Aboriginal Peoples of United States troops against United tion of Saskatchewan Committee and now the Leader of the Gov- States citizens at Wounded Knee. Nonethe- Indians, 1971. ernment in the Senate with the Sally FIRST NATIONS STRATEGIC BULLETIN

Page 14

‘Whose Native Peoples?’ Continued From Page 13

less, Gordon’s strategic quoting from from approximately $2 billion in 1991 to Nixon’s speech served to get the attention $13 billion in 2003 “but I doubt that anyone of conservatively minded Canadian parlia- is truly benefiting from it.” He added, May mentarians. be we should rethink the whole process of dealing with Aboriginal people and do What does a search for key words and something different. other political linguistic clues tell us about the recent Throne Speech and Paul Martin’s Different from what? And who will do the agenda? Perhaps the best news is the ap- thinking and the doing? The quotations Andy Mitchell, giving a pointment of an Aboriginal Affairs Advisor from the Throne Speech on p.2 of the Bulle- speech in Cambridge, to the Prime Minister’s Office to support the tin emphasize the federal government de- Ontario in June 2003. Mr. Prime Minister, a new Cabinet Committee fining goals and establishing policy in Mitchell was one of Jean on Aboriginal Affairs and the new Aborigi- terms of “Aboriginal children”, “Aboriginal Chrètien’s Ministers of nal Secretariat in the Privy Council Office. individuals”, “Aboriginal Canadians”. State at the time. Penner said that real change required a There is, to be sure, a belated undertaking senior minister taking charge of forging to “work with First Nations to improve gov- new relations in Canada while DIAND car- ernance in their communities.” This suspi- “If Andy ried on with basic services until those ser- cion is borne out on page 3 when Any vices could be transferred to First Nations Mitchell, the new Minister of Indian Affairs Mitchell is governments. Martin may be the first says that he will be consulting with First going to read Prime Minister to pay some heed to that Nations Leaders and members on how to speeches approach. An advisor in the PMO (the PM’s “apply the principles of good governance.” prepared by political arm) and a Secretariat in the PCO (the PM’s bureaucratic agency) could be a If Andy Mitchell is going to read speeches the good beginning. Under Chrétien, the PCO prepared by the departmental officials that departmental also had an Aboriginal Affairs Office. Will prepared Nault’s remarks, the likelihood of real change will go down the drain very officials that Martin’s “secretariat” be more open and up-front than Chrétien’s “office” about its quickly. If he begins with a sure and cer- prepared role in policy making? tain faith that there is a single set of princi- Nault’s ples of good governance and that it is his These days everybody is down on DIAND. duty to design institutions that fulfill these remarks, the James Eetoolook, president of Nunavut principles, then Nault’s First Nations Gov- likelihood of Tunngavik Inc., in an op-ed piece in The ernance Act will be back on the Order Pa- real change Globe & Mail, on Feb. 10, said that DIAND per shortly after the upcoming election. If, will go down “has spent the past decade obstructing the on the other hand, Mitchell’s consultation is federal government’s promises to Inuit and going to have more good faith about how it the drain very Canadian taxpayers alike. He predicted is carried out than Nault’s, we will see quickly.“ that the Auditor General’s Report “will also likely shed light on just how poorly DIAND · A joint planning process between the has kept Parliament and the Canadian pub- Minister and the First Nations leader- lic informed on the implementation of the ship; land-claims agreements signed in their · A genuine consultation in which all names.” On the same day, when the Senate parties at each meeting contribute to Committee on Aboriginal Peoples met to the agenda and in which the minutes or elect a new chairman (Nick Sibbeston was summaries of each consultation are acclaimed) and discuss projects for the approved by all participants before the new session, Sen. Gerry St. Germain bureaucrats release results based on (Cons., B.C.) proposed “a review of DIAND what they intended to find out before “because, regardless of what legislation we they ever left Ottawa; and, most impor- pass … they are continually … misman- tant of all; Senator Jack Austin, now aged by the department in its entirety.” Leader of the Senate, cut a Sen. David Tkachuk (Cons., Sask.) ob- · A joint process of translating the con- deal with Nault to ram the served that spending on DIAND has risen sultations into draft legislation; ‘Specific Claims’ Act through the Senate. VOLUME 2, ISSUE 1

Page 15

‘Whose Native Peoples?’ Continued From Page 14

· Committee hearings at which parlmen- opposite direction: Canada would estab- tarians engaged in genuine dialogue lish an independent Recognition Panel; with First Nations leaders, the Minister each First Nation that wished to be recog- did not set out to ridicule people who nized by Canada would present a copy of should be his colleagues, and the its Constitution. Provided that the Constitu- chairman refrained from demeaning tion met certain basic requirements, recog- elders who appeared before the com- nition would be forthcoming. RCAP had a mittee. similar approach. Nault and Austin seemed quite horrified Nault’s approach was the diametric oppo- that the AFN should have asked for a role in site to the Penner and RCAP approaches. the drafting of governance legislation. This Nault allowed each First Nation to fill in surprise is a bit disingenuous. Does any- some blank spaces on a constitution form body think that when the Bank Act is re- that his officials had devised. If it arrived vised every ten or twenty years that the more than two years after the minister “Will the Martin bankers do not play an active role at every started the clock ticking, the bureaucrats’ Government essential stage in the drafting? constitution would substitute. The basic work collegially unit of governance remained “the Indian and enable First If parliamentarians want to go after DIAND, band”. Like Chrétien’s White Paper the they had better clean up their own Houses emphasis was on individuals benefiting Nations to at the same time. If MPs and Senators con- from new federal policy. Under the Pen- develop their tinue to speak of “our native people” as ner-RCAP approach First Nations that had own institutions? though there were either one people or a been fragmented by 130 years of Indian Will the great mass of individuals who might be policy would be encouraged to do so. warmly embraced by that “excessive- Senators and possessive” form of speech. DIAND has It is easy enough to get all-party agree- MPs on the succeeded in misleading Parliament ment on the shortcomings of DIAND. What Aboriginal largely because parliamentarians have is to take its place is another matter. Will been ripe for the picking. When the land the Martin Government work collegially Peoples claims comes before the Commons Abo- and enable First Nations to develop their committees riginal Affairs Committee as part of the an- own institutions? Will the Senators and MPs actually listen to nual departmental Estimates, do MPs meet on the Aboriginal Peoples committees actu- the testimony of with Eetoolook, or First Nations land claims ally listen to the testimony of First Nations First Nations negotiators, and ask for help from their leaders, avoid sovereignty baiting and staffs in developing questions? When work to develop a common vocabulary? leaders, avoid Nault’s officials organized a dog-and-pony sovereignty show to show MPs the obsolescence of the baiting and Indian Act did the MPs ever grasp the idea work to develop that much more of what Indian Affairs today a common is based on annual appropriations acts than on the Indian Act. Revising the Indian Act vocabulary?” through the Nault suite of bills would leave most of the colonial controls within DIAND firmly in place. Bands might become more accountable to Parliament, but the federal bureaucracy would not. The fundamental difference between Nault’s FNGA approach to First Nations governance and the approaches recom- mended both by Penner and by the Royal Charles Fox, AFN On- Commission on Aboriginal Peoples (RCAP) Liberal dominated Parliamentary Committee tario Vice-Chief, Pro- is that Nault proposed a single bill that rams through the ‘First Nations Governance testing against federal would enshrine his principles of good gov- Act’ (Bill C-7), in a final vote, on May 27, 2003. Liberal ‘FNGA’. ernance. Penner came from exactly the BULLETIN OF THE FIRST NATIONS STRATEGIC POLICY COUNSEL

Advancing the Right of First Nations to Information

First Nations Strategic Policy Counsel The First Nations Strategic Policy Counsel is a col- Ottawa, Ontario lection of individuals who are practitioners in either Telephone: (613) 296-0331 First Nations policy or law. We are not a formal or- E-Mail: [email protected] ganization, just a network of concerned individuals. This publication is part of a series. Please don’t take it for granted that everyone has the informa- tion in this newsletter, see that it is as widely dis- tributed as you can, and encourage those that re- ceive it to also distribute it. Feedback is welcome. Let us know what you think of the Bulletin. Russell Diabo, Contact Person for the First Nations Strategic Policy Counsel.

C HECK OUT THIS WEBSITE FOR MORE INFO: WWW. TREATYCOUNCIL . ORG

Phil Fontaine’s Patronage Appointment From Jean Chrètien Net’s Travel Cash of $182,143 in 19 Months

On February 4, 2004, the National Post reported that Former Indian Affairs minister Robert Nault, who Phil Fontaine racked up a travel tab of $182,143 dur- was critical of Mr. Coon Come as AFN leader, said ing his stint as Chief of the federal Indian Claims there was no attempt by the federal government to Commission. Jean Chrètien appointed Phil Fontaine help return Mr. Fontaine as AFN leader. to the federal Commission after Phil lost the AFN elec- tion to Matthew Coon Come in July 2000. Robert Nault, then Minister of Indian Affairs, said he had made it clear he was not going to participate in Phil Fontaine was able to use his federally funded AFN internal politics. “I can assure you at least from position to fly across Canada 350 times—usually in this person's perspective that I certainly wasn't executive and business class—including 70 flights in putting funding in the hands of Mr. Fontaine to beat the six months leading up to his bid for re-election for Mr. Coon Come,” Nault said. AFN National Chief. However, on June 26, 2003, James Parker of the Documents also show the Privy Council Office Saskatoon Star Phoenix newspaper, reported that (PCO) amended Mr. Fontaine's appointment in the fall during an interview with the then Minister of Indian of 2001, allowing him to claim up to $175 a day for a Affairs about the upcoming AFN election in July 2003, "non-accountable living allowance." The allowance “Nault all but endorsed Fontaine”. was in addition to the job's regular pay, which is listed as being between $246,375 and $292,000 annually. This recent financial disclosure raises the question, No receipts were required. can Phil Fontaine be trusted to advocate for First Na- tions when he lives such a lavish lifestyle courtesy of Although Mr. Fontaine waited until after he resigned the federal Liberal government, or is he in a conflict- from the commission to formally launch his leadership of-interest, particularly on Specific Claims? Speaking campaign, it was widely known in early 2003 that he of transparency and accountability is Phil Fontaine would likely enter the race. The Winnipeg Free Press reporting to the Chiefs what he is telling government reported on April 24, 2003, that Mr. Fontaine was officials and Ministers when he secretly meets with putting supporters and financing in place for his them? (Sources: National Post, & Star Phoenix) campaign.