AN OPEN LETTER TO PRIME MINISTER STEPHEN HARPER ON THE RESOLUTION OF SPECIFIC CLAIMS

Transcription

1 AN OPEN LETTER TO PRIME MINISTER STEPHEN HARPER ON THE RESOLUTION OF SPECIFIC CLAIMS March 8, 2015 The Right Honorable Stephen Harper Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A 0A2 Dear Prime Minister Harper, As First Nations citizens, specific claims practitioners, lawyers and Canadians committed to the just, fair and timely resolution of specific claims in Canada, we present the enclosed report prepared by the National Claims Research Directors and call on you to act immediately upon the report s recommendations. Claims Research Directors manage over 30 claims research associations across Canada and are responsible for advancing hundreds of specific claims for hundreds of First Nations. They are uniquely positioned to witness and participate in all parts of the specific claims process. The enclosed report, In Bad Faith: Justice At Last and Canada s Failure to Resolve Specific Claims, details Canada s failure to fulfill its commitments to fairly resolve specific claims. Specific claims are historic wrongdoings committed by the Crown against First Nations that are rooted in racially discriminatory ideas, legislation and policies which Canada has publicly acknowledged and committed to redress. The legacy of this continues to impact First Nations communities to the present day. Unresolved specific claims impinge upon economic opportunities, housing, and access to resources and are often at the root of conflicts between First Nations, their neighbours and government. AANDC's recent treatment of specific claims is setting the stage for further conflict. In Bad Faith challenges recent public assertions made by Aboriginal Affairs and Northern Development Canada (AANDC) that proclaim the success of Canada s Specific Claims Action Plan: Justice At Last. The report presents a review and analysis of available reports and data, and input from First Nations, and concludes that your government has effectively abandoned negotiation as the preferred and just means of resolving specific claims. Contrary to the promises articulated in Justice at Last, your government has allowed for longstanding historical grievances to remain unresolved, along with the significant burden of debt and uncertainty that these claims represent for all Canadians. In 2014, James Anaya, then United Nations Special Rapporteur on the rights of Indigenous Peoples observed that Canada s claims processes are mired in difficulties. As a result of these difficulties, many First Nations have all but given up on them. Worse yet, in many cases it appears that these processes have contributed to a deterioration rather than a renewal of the relationship between indigenous peoples and the Canadian state. Anaya urges that the Government of Canada should instead acknowledge that the public interest is not opposed to, but rather includes, aboriginal concerns. The UN Committee on the Elimination of Racial Discrimination has called for a comprehensive strategy to uphold the human rights of Indigenous peoples in Canada, including a national plan of action to implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Canada s endorsement of

2 the UNDRIP underlines its obligation to ensure justice for First Nations in Canada and improve its relations with First Nations. This includes ensuring that specific claims are resolved with finality through collaboration and negotiation with First Nations and creating the conditions for these processes to occur by providing adequate resources. Specific claims will not be resolved if Canada continues to engage in the practices detailed in the enclosed report, nor will they disappear without honorable government leadership that respects the principles of justice articulated in its own policy documents. The debt burden on Canadians is mounting and the already fragile relationship between Canada and First Nations is in danger of further deterioration. With an upcoming federal election, we urge you to implement the recommendations outlined in our report and uphold the promises made in Justice At Last to settle specific claims through fair, honorable and timely negotiations with First Nations, and ensure that the human rights of First Nations are fully respected. Sincerely,?Aq'am Community, Councillor Marty Williams 'Namgis First Nation, Chief Councillor Debra Hanuse Adams Lake Indian Band, Chief Robin Billy Aitchelitz First Nation, Chief Angie Bailey Alexis Creek First Nation, Chief Percy Guichon Barriere Lake First Nation, Chief Casey Ratt Beausoleil First Nation, Chief Monague Blood Tribe/Kainai, Councilor and Tribal Government Committee Chairperson Dorothy First Rider Bonaparte Indian Band, Chief Ryan Day Boothroyd Indian Band, Chief Rick Campbell Boston Bar Indian Band, Chief Dolores O'Donaghey Chawathil First Nation, Chief Rhoda Perers Cheam First Nation, Chief Sidney Douglas Chippewas of Rama First Nation, Chief Rodney Noganosh Chippewas of Thames First Nation, Chief R. K. Joe Miskokomon Coldwater Indian Band, Chief Lee Spahan Cowichan Tribes, Chief William Seymour Deh Gah Gotie First Nations, Chief Joachim Bonnetrouge Doig River First Nation, Chief Norman Davis Eagle Village First Nation, Chief Madeleine Paul Fort Nelson First Nation, Chief Liz Logan Gitsegukla First Nation, Chief Clifford Sampare Halfway River First Nation, Chief Darlene Hunter Hesquiaht, Chief April Charleson High Bar First Nation, Chief Larry Fletcher Katzie First Nation, Chief Susan Miller and Council Kitasoo/Xaixais First Nation, Resource Stewardship Director Douglas Neasloss K'omoks First Nation, Chief Rob Everson Kwakiutl Band Council, Chief Coreen Child Kwiakah First Nation, Chief Steven Dick Kwikwasut inuxw Haxwa mis First Nation, Chief Bob Chamberlin Kwikwetlem First Nation, Councillor Ed Hall

3 Lhoosk'uz Dene Nation, Chief Liliane Squinas Lhtako Dene Nation, Chief Terry Boucher Liidlii Kue First Nation, Sub-Chief Steven Jose Lil'wat First Nation, Chief Lucinda Phillips Lower Kootenay Band, Chief Jason Louie Lower Nicola Indian Band, Chief Aaron Sam Lower Similkameen Indian Band, Chief Keith Crow Lytton First Nation, Chief Janet Webster Magnetawan First Nation, Chief Diabo Nadleh Whut'en First Nation, Chief Martin Louie Nak azdli Whut en, Chief Fred Sam Neskonlith Indian Band, Chief Judy Wilson Nicomen Indian Band, Chief Donna Gallinger Nooaitch Indian Band, Chief Marcel Shackelly Okanagan Indian Band, Chief Byron Louis Opaskwayak Cree Nation, Chief Michael G. Constant Oregon Jack Creek Indian Band, Grand Chief Bob Pasco Osoyoos Indian Band, Councillor Tony Baptiste Penticton Indian Band, Chief Jonathan Kruger Prophet River First Nation, Chief Lynette Tsakoza Saulteau First Nations, Chief Nathan Parenteau Shackan Indian Band, Grand Chief Percy Joe Sheshegwaning First Nation, Chief Joe Endanawas Shuswap Indian Band, Head Councillor Barbara Cote Shxw'ow'hamel First Nation, Si:Yam Council Member Irene Smith Simpcw First Nation, Chief Rita Matthew Siska Indian Band, Chief Fred Sampson Six Nations Elected Council, Chief G. Ava Hill Skawahlook First Nation, Chief Maureen Chapman Skeetchestn Indian Band, Chief Ron Ignace Skowkale First Nation, Councillor Jeffrey Point Skuppuh Indian Band, Chief Doug McIntyre Snuneymuxw First Nation, Councillor Sandra Good Splatsín First Nation, Chief Wayne Christian Spuzzum First Nation, Chief James Hobart Squiala First Nation, Chief David Jimmie Sts'ailes Band, Chief Harvey Paul Sucker Creek First Nation, Chief Jim Badger Sumas First Nation, Chief Dalton Silver Thessalon First Nation, Chief Alfred Bisaillon Timiskaming First Nation, Chief Terence McBride Tk'emlúps te Secwépemc, Chief Shane Gottfriedson Tla-o-qui-aht First Nation, Councillor Terry Dorward Tsartlip First Nation, Chief Don Tom Tsawaout First Nation, Chief Harvey Underwood Tseshaht First Nation, Chief Hugh Braker Ts'kw'aylaxw First Nation, Chief Francis Alec Tsleil-Waututh Nation, Councillor Jen Thomas

4 Tsleil-Waututh Nation, Councillor Deanna George Tzeachten First Nation, Chief Glenda Campbell Upper Nicola Band, Chief Harvey McLeod Upper Similkameen Indian Band, Chief Charlotte Mitchell Wahnapitae First Nation, Chief Ted Roque West Moberly First Nations, Chief Roland Willson Westbank First Nation, Chief Robert Louie Whispering Pines/Clinton Indian Band, Chief Michael LeBourdais Wikwemikong Unceded Indian Reserve, Ogimaa Duke Peltier Williams Lake Band, Chief Anne Louie Wolf Lake First Nation, Chief Harry St Denis Xaxli'p First Nations, Chief Darrell Bob Sr. Xeni Gwet'in First Nations, Councillor Marilyn Baptiste Yunesit'in Government, Chief Russell Myers Ross Tribal Councils Carrier Sekani Tribal Council, Tribal Chief Terry Teegee Confederacy of Mainland Mi'kmaq, Donald Julien, C.M., O.N.S., DCL, DHumL Council of Chiefs of the Mohawk Council of Kahnawà:ke, Grand Chief Michael Ahríhrhon Delisle Jr Heiltsuk Tribal Council, Councillor Travis Hall Mohawk Council of Akwesasne, Grand Chief Mike Kanentakeron Mitchell Nuu-chah-nulth Tribal Council, Vice-President Ken Watts Shuswap Nation Tribal Council, Tribal Chief Shane Gottfriedson Provincial Territorial Organisations Anishinabek Nation Grand Council, Chief Patrick Madahbee Federation of Saskatchewan Indian Nations, Vice Chief Edward Dutch Lerat First Nations Summit, Grand Chief Ed John, Cheryl Casimer & Robert Phillips Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government Union of B.C. Indian Chiefs, Grand Chief Stewart Phillip Members of Parliament Leader of the NDP and Leader of the Official Opposition, The Honourable Thomas J. Mulcair, MP Deputy Critic for Aboriginal Health, Carol Hughes, MP Official Opposition Critic for Ethics, Privacy, and Access to Information, Charlie Angus, MP Official Opposition Critic for Finance, Nathan Cullen, MP Official Opposition Critic for Aboriginal Affairs, Niki Ashton, MP Official Opposition Critic for Industry, Peggy Nash, MP Deputy Critic for Intergovernmental Aboriginal Affairs, Romeo Saganash, MP On behalf of the Liberal Caucus, Liberal Critic for Aboriginal Affairs, Hon. Carolyn Bennett, M.D., MP Research Directors/Claims Research Units Algonquin Nation Secretariat, Director of Policy & Research, Peter Di Gangi Alliance of Tribal Nations, Research Director, Mark Point Assembly of First Nations, Director, Implementing Rights, Tonio Sadik Confederacy of Mainland Mi'kmaq, Research Manager, Mary Jane Stevens Confederacy of Mainland Mi'kmaq, Director History & Culture, Tim Bernard Conseil Tribal Mamuitun, Research Director, Denis Brassard

5 Cowichan Tribes, Research Director, Dianne Hinkley Lesser Slave Lake Indian Regional Council, T.A.R.R. Research Director, Peter Havlik Mi'kmaq Confederacy of P.E.I., Research Director, Tammy MacDonald Mohawk Council of Akwesasne, Manager of Aboriginal Rights and Research Office, Cactus Cook Sunday Mohawk Council of Kahnawà:ke, Project Leader, Winona Poslon-Lahache Nishnawbe-Aski Nation, Research Director, Luke Hunter Nlaka'pamux Nation Tribal Council, Research Director, Debbie Abbott Six Nations Lands Research Office, Research Director, Lonny Bomberry Specific Claims Research Centre, Research Coordinator, Mona Donovan Stoney Nation, Research Director, Ian Getty T.A.R.R. Centre of Manitoba, Inc. Research Director, Patricia Myran T.A.R.R. Centre of NS, Inc. Research Director, Jim Micheal T.A.R.R. Treaty 3, Research Director, Andy Sky Treaty 8 Tribal Association, T.A.R.R. Manager, Leone Nippard Tsuu T'ina Nation CRU, Research Director, Jim Big Plume UBCIC Specific Claims Research Program, Research Director, Jody Woods Union of Ontario Indians/Anishinabek Nation, Treaty Research Coordinator, Alicia McLeod Like Minded Organisations Assembly of First Nations, National Chief Perry Bellegarde Alliance of Tribal Nations, Grand Chief Clarence Pennier Amnesty International Canada BC Specific Claims Working Group Chair, Chief Maureen Chapman BCAFN Spokesperson and Director, Chief Maureen Chapman Canadian Friends Service Committee (Quakers) KAIROS: Canadian Ecumenical Justice Initiatives Leclair Historical Research, Toronto Laurie Leclair, Principal Leclair Historical Research, Toronto Dr. Colin McFarquhar, Researcher Leclair Historical Research, Toronto Yvonne Boothroyd, Associate Union of B.C. Indian Chiefs, Coola Louis, Women's Representative Union of Ontario Indians, Dr. Rhonda Telford, Historian Union of Ontario Indians, Dr. David Shanahan, Historian Arnold Peters, Chawathil First Nation Katharine Owen, Halifax, N.S. Marilyn Brennan, Maple Ridge, B.C. Victor C. Pearson, Port Alberni, B.C. Kathryn Lennon, Vancouver, B.C. Christopher Carter, Vancouver, B.C. Elisabeth Donnelly, Vancouver, B.C. Tegan Brock, Peterborough, ON