Appendix D: Research Studies Prepared for the Commission
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Akwesasne Mohawk Casino, Docket No. 01-1424
United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor Washington, DC 20036-3457 SECRETARY OF LABOR, Complainant, v. OSHRC Docket No. 01-1424 AKWESASNE MOHAWK CASINO, Respondent. DECISION AND REMAND Before: RAILTON, Chairman; STEPHENS and ROGERS, Commissioners. BY THE COMMISSION: Akwesasne Mohawk Casino ("AMC") is located in Hogansburg, New York, on the St. Regis Indian Reservation. The St. Regis Reservation straddles the St. Lawrence River and includes land in northern New York and in the Canadian provinces of Ontario and Quebec. AMC employs approximately 170 people, about half of whom are American Indian. Pursuant to a warrant approved by the United States District Court for the Northern District of New York, the Occupational Safety and Health Administration (“OSHA”) inspected AMC and a warehouse used by AMC on March 26, 2001. As a result of the inspection, the Secretary of Labor (“the Secretary”) issued two citations to AMC. AMC timely contested the citations, and on August 9, 2001 the Secretary filed a complaint with the Commission. On September 4, 2001, AMC filed a motion to dismiss the citations and complaint, alleging that OSHA lacks subject matter jurisdiction over its operations. 2005 OSHRC No. 1 2 Before us on review is an order of Commission Administrative Law Judge Michael Schoenfeld in which he granted AMC's motion to dismiss the citations. The judge based his order on a finding that application of the Occupational Safety and Health Act, 29 U.S.C. § § 651-678 ("OSH Act"), to the working conditions at AMC would abrogate rights guaranteed by treaties between the United States and Indian tribes, concluding that AMC qualified for an exception to the rule that "...a general statute in terms applying to all persons includes Indians and their property interests." Federal Power Commission v. -
A Sketch Account of Aboriginal Peoples in the Canadian Military
A SKETCH ACCOUNT OF ABORIGINAL PEOPLES IN THE CANADIAN MILITARY by John Moses with Donald Graves and Warren Sinclair © Minister of National Defence Canada 2004 Font Cover Image : © Re-creation by Ronald B. Volstad, DND Available only in electronic form Également disponible en français sous le titre : UN APERÇU DE LA PARTICIPATION DES PEUPLES AUTOCHTONES À L'HISTOIRE MILITAIRE CANADIENNE Contact Officer : DHH // ADMHR-Mil // DND © 2004 DND Canada A Sketch Account Of Aboriginal Peoples In The Canadian Military TABLE OF CONTENTS INTRODUCTION THE FAME OF ANCIENT WARRIORS 2 CHAPTER 1 THE COMING OF THE EUROPEANS 5 CHAPTER 2 IN DEFENCE OF THEIR NATION 17 CHAPTER 3 THE PATH TO ACCEPTANCE 28 CHAPTER 4 REBELLIONS, RAIDS AND RIEL, 1837-1871 38 CHAPTER 5 AT HOME AND ABROAD 50 CHAPTER 6 THE WORLD WARS 62 CHAPTER 7 THE LAST FIVE DECADES 75 CONCLUSION 84 A Sketch Account Of Aboriginal Peoples In The Canadian Military FOREWORD The authors' work stands on its own merits, and needs no introduction, as, in every way, it is admirable; but when asked by Dr. Serge Bernier, the Director of History and Heritage, to write a foreword, I could not refuse. I was deeply honoured and privileged to have been appointed the "Aboriginal Champion" for the Canadian Forces. Over the last three years, I have learned many things about their unique culture. Today, more than 1200 First Nations, Inuit and Métis Canadians serve with the Canadian Forces at home and overseas with the same fervour and pride as their ancestors. Their diversity is extraordinary. They represent over 640 distinct bands, sharing common beliefs and practices, and all unique in themselves. -
The Failure of Federal Indigenous Healthcare Policy in Canada
POLICY BRIEF Issue 86| February 4, 2021 The Failure of Federal Indigenous Healthcare Policy in Canada By Mike Gouldhawke LATE LAST MONTH, the federal government held two days of meetings on developing Indigenous health care legislation. These virtual meetings included some, but not all provincial and territorial health ministers, along with First Nations, Inuit and Métis Nation representatives, including Indigenous doctors, and was partly in response to the racist treatment and death of Joyce Echaquan of the Atikamekw Nation in a Quebec hospital in September of last year. If and when this legislation materializes, it will be a first in Canadian history. This country has never developed a law around Indigenous health care. As the process of development goes on, there are a variety of challenges, historically and contemporary, as well as previous calls for reform and for Canada to live up to its obligations, that should be addressed. This Brief outlines the compounding crises, and the resistance, that have constituted Indigenous healthcare in this country. Re-Prioritizing Health Policy in Canada Despite these recent meetings on developing Indigenous health legislation, and the First Ministers’ meeting in December of 2020 which prioritized the COVID-19 pandemic, federal Indigenous health policy has fallen by the wayside for decades. The 2004 Health Accord between the federal government and provinces and territories included a 10-Year Plan on improving Indigenous health, co-developed with Indigenous representative organizations, but it expired in 2014 and has yet to be replaced, despite repeated promises from the Liberal government. The Canadian Health Coalition, in a 2017 report, called the “lack of progress on closing the health gap for Aboriginal people” the most egregious of the 2004 Health Accord’s failings. -
Treaties in Canada, Education Guide
TREATIES IN CANADA EDUCATION GUIDE A project of Cover: Map showing treaties in Ontario, c. 1931 (courtesy of Archives of Ontario/I0022329/J.L. Morris Fonds/F 1060-1-0-51, Folder 1, Map 14, 13356 [63/5]). Chiefs of the Six Nations reading Wampum belts, 1871 (courtesy of Library and Archives Canada/Electric Studio/C-085137). “The words ‘as long as the sun shines, as long as the waters flow Message to teachers Activities and discussions related to Indigenous peoples’ Key Terms and Definitions downhill, and as long as the grass grows green’ can be found in many history in Canada may evoke an emotional response from treaties after the 1613 treaty. It set a relationship of equity and peace.” some students. The subject of treaties can bring out strong Aboriginal Title: the inherent right of Indigenous peoples — Oren Lyons, Faithkeeper of the Onondaga Nation’s Turtle Clan opinions and feelings, as it includes two worldviews. It is to land or territory; the Canadian legal system recognizes title as a collective right to the use of and jurisdiction over critical to acknowledge that Indigenous worldviews and a group’s ancestral lands Table of Contents Introduction: understandings of relationships have continually been marginalized. This does not make them less valid, and Assimilation: the process by which a person or persons Introduction: Treaties between Treaties between Canada and Indigenous peoples acquire the social and psychological characteristics of another Canada and Indigenous peoples 2 students need to understand why different peoples in Canada group; to cause a person or group to become part of a Beginning in the early 1600s, the British Crown (later the Government of Canada) entered into might have different outlooks and interpretations of treaties. -
Indigenous Temporal Priority and the (De)Legitimization of the Canadian State: a Book Review of on Being Here to Stay
Decolonization: Indigeneity, Education & Society Vol. 4, No. 2, 2015, pp. 134-144 Indigenous temporal priority and the (de)legitimization of the Canadian state: A book review of On Being Here to Stay Scott Kouri1 Child and Youth Care, University of Victoria Michael Asch. (2014). On being here to stay: Treaty and Aboriginal rights in Canada. Toronto: University of Toronto Press. 217 pp. $24.95 Keywords: settler colonialism; Indigenous-settler relationships; treaty and Aboriginal rights; Indigenous sovereignty; Canadian politics; incommensurablility Introduction In the 1997 Delgamuukw decision, Chief Justice Antonio Lamer stated, “We are all here to stay” (Delgamuukw v. British Columbia, para. 186). Michael Asch, in On Being Here to Stay: Treaty and Aboriginal Rights in Canada, devotes over 200 pages to the question of “what, beyond the fact that we have the numbers and the power to insist on it, authorizes our being here to stay” (p. 3)? Throughout the book, the ‘we’ of Asch’s question toggles almost imperceptibly. At times it refers to the Canadian state and at other times to the settler population. In the end, Asch 1 I would like to thank the reviewers and editors at Decolonization: Indigeneity, Education & Society for their insightful commentary, which significantly helped the development of this review. 2015 S. Kouri This is an Open Access article distributed under the terms of the Creative Commons Attribution Noncommercial 3.0 Unported License (http://creativecommons.org/licenses/by-nc/3.0), permitting all non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited. On Being Here to Stay: A Review 135 dismisses the legitimacy of the former to preserve the future of the latter. -
Broken Chains of Custody: Possessing, Dispossessing, and Repossessing Lost Wampum Belts
Broken Chains of Custody: Possessing, Dispossessing, and Repossessing Lost Wampum Belts MARGARET M. BRUCHAC Assistant Professor of Anthropology Coordinator, Native American and Indigenous Studies University of Pennsylvania Introduction In the spring of 2009, two historical shell bead wampum belts1—iden- tified as “early” and “rare” and valued at between $15,000 and $30,000 each—were advertised for sale at a Sotheby’s auction of Amer- ican Indian art objects2 belonging to the estate of Herbert G. Welling- ton.3 One belt, identified as having been collected by Frank G. Speck from the Mohawk community in Oka (Kanesatake, Quebec) before 1929, was tagged with an old accession number from the Heye Foun- dation/Museum of the American Indian (MAI; MAI #16/3827). The second belt, collected by John Jay White from an unknown locale before 1926, was identified as Abenaki; it, too, was tagged with an old MAI number (MAI #11/123; Figure 1). The Sotheby’s notice caught the attention of the Haudenosaunee Standing Committee on Burial Rules and Regulations (HSC), a consor- tium of Six Nations Iroquoian chiefs, tribal historians, and community leaders who serve as advocates and watchdogs for tribal territory and 1 The generic term wampum, borrowed from the Algonquian word wampumpeag for “white shells” (Trumbull 1903, 340–41), refers to cylindrical marine shell beads used by the Indigenous peoples of northeastern North America. Algonquian is the broad linguistic clas- sification for the Algonkian cultural group that includes the Indigenous nations in New England and in parts of Quebec, Ontario, and the Great Lakes. The beads were carved from the shells of univalve and bivalve mollusks harvested from the shores of Long Island Sound and other northeastern North American locales where riverine fresh waters mingled with marine salt waters. -
1 Specific Claims Tribunal Between: Timiskaming First
SCT File No.: SCT - - SPECIFIC CLAIMS TRIBUNAL B E T W E E N: TIMISKAMING FIRST NATION AND WOLF LAKE FIRST NATION Claimants v. HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA As represented by the Minister of Crown-Indigenous Relations Respondent DECLARATION OF CLAIM Pursuant to Rule 41 of the Specific Claims Tribunal Rules of Practice and Procedure This Declaration of Claim is filed under the provisions of the Specific Claims Tribunal Act and the Specific Claims Tribunal Rules of Practice and Procedure. DATE: July 3, 2020 (Registry Officer) TO: HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, As represented by the Minister of Crown-Indigenous Relations, Assistant Deputy Attorney General, Litigation, Justice Canada Bank of Canada Building, 234 Wellington Street East Tower Ottawa, ON K1A 0H8 Fax: (613) 954‐1920 1 SCT File No.: SCT - - I. Claimants (R. 41(a)) 1. The location of the lands which form the subject of this claim are depicted on the Map at Schedule “A” (“1849 Claim Area”). 2. The Claimants, Timiskaming First Nation (“TFN”) and Wolf Lake First Nation (“WLFN”), who file this Claim jointly, confirm that they are First Nations within the meaning of s. 2 (a) of the Specific Claims Tribunal Act (“Act”), in the Province of Quebec. 3. TFN and WLFN are part of the Algonquin Nation, whose traditional territory includes the Ottawa River valley on both sides of the current Ontario-Quebec border, which encompasses the 1849 Claim Area. Historically, the Algonquins, or groups making up the Algonquin Nation, were referred to by a variety of names including “Timiskamings” and “Tetes de Boule”, and were closely connected with the Nipissings. -
Towards a Treaty-Based Practice of Relationality by Gina Starblanket
Beyond Rights and Wrongs: Towards a Treaty-Based Practice of Relationality by Gina Starblanket M.A., University of Victoria, 2012 B.A. Hons., University of Regina, 2008 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Indigenous Governance Program ã Gina Starblanket, 2017 University of Victoria All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee Beyond Rights and Wrongs: Towards a Treaty-Based Practice of Relationality by Gina Starblanket M.A., University of Victoria, 2012 B.A. Hons., University of Regina, 2008 Supervisory Committee Dr. Heidi Kiiwetinepinesiik Stark, Department of Political Science Co-Supervisor Dr. Taiaiake Alfred, Indigenous Governance Program Co-Supervisor Dr. Jeff Corntassel, Indigenous Governance Program Departmental Member iii Abstract Supervisory Committee Dr. Heidi Kiiwetinepinesiik Stark, Department of Political Science Co-Supervisor Dr. Taiaiake Alfred, Indigenous Governance Program Co-Supervisor Dr. Jeff Corntassel, Indigenous Governance Program Departmental Member This research explores the implications of the distinction between transactional and relational understandings of the Numbered Treaties, negotiated by Indigenous peoples and the Dominion of Canada from 1871-1921. It deconstructs representations of the Numbered Treaties as “land transactions” and challenges the associated forms of oppression that emerge from this interpretation. Drawing on oral histories of the Numbered Treaties, it argues instead that they established a framework for relationship that expressly affirmed the continuity of Indigenous legal and political orders. Further, this dissertation positions treaties as a longstanding Indigenous political institution, arguing for the resurgence of a treaty-based ethic of relationality that has multiple applications in the contemporary context. -
References Cited
This is an excerpt from Aboriginal Policy Research Volume 7, published by Thompson Educational Publishing. Not to be sold or redistributed without permission. References Cited Abbas, Rana F. Windspeaker: We’ve heard it all before� Edmonton: Issue 3, Volume 21, June 2003. Allard, Jean. “The Rebirth of Big Bear’s People: The Treaties: A New Foundation for Status Indian Rights in the 21st Century.” Unpublished manuscript, c. 2000. Allard, Jean. “Big Bear’s Treaty: The Road to Freedom.” Inroads, Issue 11, 2002. Allen, Robert C. “The British Indian Department and the Frontier in North America, 1755–1830.” Canadian Historic Sites: Occasional Papers in Archaeology and History 14. Ottawa: Thorne Press Limited, 1975. Allen, Robert S. His Majesty’s Indian Allies: British Indian Policy in the Defence of Canada, 1774– 1815. Toronto: Dundurn Press, 1992. Allen, Robert (Aber Dole Associates). The Council at Chenail Ecarté. Prepared for the Treaty Policy and Review Directorate, Department of Indian Affairs and Northern Development, 1995. Archives of Ontario. F 1027-1-3 North-West Angle Treaty #3. RG 4-32, File 1904, No. 680. Assembly of First Nations. “AFN Press Release.” May 19, 2009 <www.afn.ca/article.asp?id=4518> Backhouse, Constance. “Race Definition Run Amok: ‘Slaying the Dragon of Eskimo Status’ in Re Eskimo, 1939.” Colour Coded: A Legal History of Racism in Canada, 1900–1950. Toronto: UTP, 1999: 18–55. Bankes, N. D. “Forty Years of Canadian Sovereignty Assertion in the Arctic 1947–87.” Arctic 40, 4 (December 1987) 285–291. Barnsley, Paul. Windspeaker: Governance Act dead, for now-Nault. Edmonton: Issue 8, Volume 21, November 2003. -
Possessing, Dispossessing, and Repossessing Lost Wampum Belts
University of Pennsylvania ScholarlyCommons Department of Anthropology Papers Department of Anthropology 3-2018 Broken Chains of Custody: Possessing, Dispossessing, and Repossessing Lost Wampum Belts Margaret Bruchac University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/anthro_papers Part of the Anthropology Commons Recommended Citation Bruchac, M. (2018). Broken Chains of Custody: Possessing, Dispossessing, and Repossessing Lost Wampum Belts. Proceedings of the American Philosophical Society, 162 (1), 56-105. Retrieved from https://repository.upenn.edu/anthro_papers/179 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/anthro_papers/179 For more information, please contact [email protected]. Broken Chains of Custody: Possessing, Dispossessing, and Repossessing Lost Wampum Belts Disciplines Anthropology | Social and Behavioral Sciences This journal article is available at ScholarlyCommons: https://repository.upenn.edu/anthro_papers/179 Broken Chains of Custody: Possessing, Dispossessing, and Repossessing Lost Wampum Belts MARGARET M. BRUCHAC Assistant Professor of Anthropology Coordinator, Native American and Indigenous Studies University of Pennsylvania Introduction In the spring of 2009, two historical shell bead wampum belts1—iden- tified as “early” and “rare” and valued at between $15,000 and $30,000 each—were advertised for sale at a Sotheby’s auction of Amer- ican Indian art objects2 belonging to the estate of Herbert G. Welling- ton.3 One belt, identified as having been collected by Frank G. Speck from the Mohawk community in Oka (Kanesatake, Quebec) before 1929, was tagged with an old accession number from the Heye Foun- dation/Museum of the American Indian (MAI; MAI #16/3827). The second belt, collected by John Jay White from an unknown locale before 1926, was identified as Abenaki; it, too, was tagged with an old MAI number (MAI #11/123; Figure 1). -
The Reproduction of Undrinkable Water for First Nations in Canada
water Article “We Don’t Drink the Water Here”: The Reproduction of Undrinkable Water for First Nations in Canada Warrick Baijius and Robert J. Patrick * Department of Geography and Planning, University of Saskatchewan, Saskatoon, SK S7N 5C8, Canada; [email protected] * Correspondence: [email protected]; Tel.: +1-306-966-6653 Received: 1 November 2018; Accepted: 20 May 2019; Published: 23 May 2019 Abstract: First Nation communities in Canada are disproportionately plagued by undrinkable water and insufficient household sanitation. In addition, water resource management in First Nation communities has long been a technocratic and scientific mission controlled by state-led authorities. There has been limited engagement of First Nations in decision-making around water management and water governance. As such, problems associated with access to drinkable water and household sanitation are commonly positioned as hydrological or environmental problems (flood or drought) to be fixed by technical and engineering solutions. This apolitical reading has been criticized for not addressing the root cause of the First Nation water problem, but instead, of reproducing it. In this paper, an approach using political ecology will tease out key factors contributing to the current water problem in many First Nation communities. Using case study research set in source water protection planning, this paper explains how persistent colonial practices of the state continue to reproduce undrinkable water and insufficient household sanitation. Solutions to this ‘water problem’ require greater attention to First Nations water governance capacity and structures. Keywords: first nations; Canada; political ecology; colonization; water politics 1. Introduction “We are not the country we thought we were”—Gord Downie [1] Whether you have drinkable household water in Canada depends largely on who you are. -
Racism and FNMI Peoples
Racism and FNMI Peoples In considering the changing nature of contemporary Canadian society, we must also consider and respond to the impact of racism on FNMI peoples. Historical accounts of FNMI people about community life, governance, beliefs, and customs have lacked accuracy. Sadly, what has been written historically has often been based on stereotypes or misconceptions that reinforced the definitions and descriptions of “Indians” in legislation and the Indian Act. The original version of the Indian Act defined “Indians” as “non-persons under the law.” The treatment of FNMI people historically and to this day reflects the dominant cultural beliefs of “European superiority.” This resulted in policies and practices that dealt with the “Indian problem” in very destructive ways. For example, residential schools were used to “get rid of the Indian in the Indian child” by forbidding the use of Indigenous languages, traditions, spirituality, customs, and ways of knowing held by the generations of Indigenous peoples of Turtle Island. This experience was cultural genocide and has resulted in intergenerational physical, mental, spiritual, sexual, and emotional trauma. The information about this destructive and oppressive period in Canada’s history has not been a part of the educational system and curricula until recently. Generations of Canadians do not understand why Indigenous people are not “just getting over it.” This statement is very commonly heard and made by many Canadians, which is why teaching and learning about the true causes that lie behind many of the social and family issues of FNMI peoples becomes imperative. It is important that all Canadians understand how and why racism experienced by FNMI people is both similar and different from the racism experienced by Canadians whose ancestors were from other countries and that came and settled here long ago.