Defending the Land and Protecting the Water –North of the Medicine LineBy Russell DiaboKeeping the Homefires Burning – 40th Anniversary EventNovember 10, 2017 We-Ko-Pa Resort, Yavapai Nation

European Contact & Change

Early Peace & Friendship TreatiesThe Doctrine of Consent

War of 1812

FATHERS OF COLONIZATIONFirst legislative Assembly July 1, 1867

Federal Powers – Section 91Public Debt and PropertyRegulation of Trade/CommerceDirect/Indirect TaxationDefenceNavigation/ShippingSea Coast and Inland Fisheries Ferries (interprovincial/ international)Currency, Banking /Incorporation of Banks/Paper MoneyBankruptcyPatents, Copyrights Indians & lands reserved for the IndiansCitizenship, Marriage/DivorceCriminal law, including Criminal Procedure

Provincial Powers – Section 92Direct Taxation within ProvinceManagement/Sale of Public Lands belonging to ProvincePrisons, HospitalsMunicipalitiesFormalization of MarriageProperty and Civil RightsAdministration of Civil/Criminal JusticeEducation Incorporation of CompaniesNatural ResourcesMatters of a merely local or private nature

INDIAN ACT

1969 WHITE PAPER ON INDIAN POLICY

1969 White Paper ProposalsEliminate Indian Status.Dissolve the Department of Indian Affairs within 5 years.Abolish the Indian Act & remove section 91.24.Convert reserve land to private property that can be sold by the band or its members.

Transfer responsibility for Indian Affairs from the federal government to the province and integrate these services into those provided to other Canadian citizens.

Provide funding for economic development.Appoint a commissioner to address outstanding land claims and gradually terminate existing Treaties.

CONSTITUTION ACT 1982

Constitution Acts 1867-1982

Sec. 91.24 Sec. 35

Supreme Court of Canada:The Judges

Comprehensive Claims Settlements

Comprehensive Claims & Self-Government Negotiations

Prime Minister Justin Trudeau with Ministers of Indigenous-Crown Relations & Justice

Trudeau’s Major 2015 Indigenous Platform Promises

•Nation-to-Nation Process•National Reconciliation Framework•Enact the 94 TRC recommendations, including adoption of UNDRIP.

•Recognize and respect Aboriginal title & rights in accordance with Canada’s Constitutional obligations, and further those enshrined in UNDRIP.

Trudeau’s Major 2015 Indigenous Platform Promises

• Undertake a full review of regulatory law, policies, and operational practices, in full partnership and consultation with First Nations to ensure that the Crown is fully executing its consultation, accommodation, and consent obligations, including on resource development and energy infrastructure project reviews and assessments, in accordance with our constitutional and international human rights obligations.

United Nations Declaration on the Rights of Indigenous Peoples

Selected Articles of UNDRIP• Article 3 – Right to Self-Determination.• Article 10 – No forced removal w/o FPIC.• Article 19 – FPIC required before legislation/administration

measures.• Article 26 – Rights to lands, territories, resources.• Article 27 – Fair process jointly developed to adjudicate rights to

lands, territories, resources.• Article 32 – FPIC required for and development affecting lands,

territories, resources.• Article 37 – Rights from Treaties, agreements, constructive

arrangements.

AFN-Canada Memorandum of Understanding on Joint Priorities

Federal Review of Environmental & Regulatory Processes

•Environmental Assessment Processes –CEAA 2012

•Fish Habitat Protection – Fisheries Act•National Energy Board Modernization -Structure, Role, Mandate

•Navigation [Waters] Protection Act

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International Trade Agreements•EXISTING: –World Trade Organization (WTO)–North America Free Trade Agreement (NAFTA)

•PROPOSED–Trans-Pacific Partnership (TPP)–Bilateral Trade Agreements

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Trans-Pacific Partnership

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Purpose of Trade Agreements• Give access and benefits to our land to the international corporation

• Sacrifice State sovereignty to corporate power• Make Indigenous rights subject to international trade agreements

• What can we do?• No more free trade with indigenous lands and resources.

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Economic Leverage

Aboriginal & Treaty Rights

Corporate Rights

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Jim Carr, Federal Minister of Natural Resources – Threatens Force on Pipelines

• “If people choose for their own reasons not to be peaceful, then the government of Canada, through its defence forces, through its police forces, will ensure that people will be kept safe,”

• “We have a history of peaceful dialogue and dissent in Canada. I’m certainly hopeful that that tradition will continue. If people determine for their own reasons that that’s not the path they want to follow, then we live under the rule of law.” Dec. 1, 2016

Anti-Terrorism Act 2015 (New Bill C-59)• 2. “activity that undermines the security of Canada” means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:

• (f) interference with critical infrastructure; • For greater certainty, it does not include [peaceful] advocacy, protest, dissent and artistic expression.

Previous Security-Intelligence Operations on Indigenous Peoples

• Federal “Hot-Spot” Monitoring (2006-?)• Aboriginal Joint Intelligence Group – G7-G20. (2010)• “Project SITKA”. Written in early 2015, the report says Project SITKA was designed by the RCMP to focus on providing “a snapshot of individual threats associated with Aboriginal public order events for the year 2014” as well as map out the potential networks among Native groups, identify protesters and events they attended.

• “The espionage network includes the RCMP, the Canadian Security Intelligence Service (CSIS), along with the National Energy Board (NEB), Canada Border Services Agency (CBSA) and departments of Public Safety, Natural Resources, Transport, Indigenous Affairs and Defence. It also involves provincial police, such as the Sûreté du Québec and Ontario Provincial Police (OPP), as well as some municipal police forces.”

Conclusion• Trudeau government is developing a “Canadian Definition” of UNDRIP to re-colonize Indigenous Peoples with racist, colonial laws and termination policies.

• Trade Agreements like NAFTA will impact on Indigenous Inherent, Aboriginal & Treaty Rights because of federal interpretations of the constitution.

• Trudeau government hasn’t mentioned “lands, territories & resources”, federal land claims & self-government policies are written to help the provinces clear Aboriginal Title and place Federal & Provincial jurisdiction over Indigenous Peoples.

• Indigenous Land Defenders & Water Protectors not only have the burden of proof on them, but section 35 Aboriginal & Treaty rights can be justifiably infringed for development deemed a priority by the Crown, such as Site C Dam in BC and the Kinder-Morgan Pipeline. Past experience shows Security & Intelligence Agencies are Monitoring & Developing Individual Profiles for Future Action.