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NATIVE GROUPS IN CANADIAN POLITICS.

Influence of Aborigines (Indians) in shape & direction of debate over Constitutional rights, land & resource use, elections, Dept. of Indian Affairs.

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THE INFLUENCE OF ABORIGINAL GROUPS ON THE CANADIAN GOVERNMENT
Introduction
This research examines the degree and nature of the influence of Aboriginal groups in the government of Canada. In Canada, the term “First Nations” refers to the aboriginal peoples who inhabited North America before occupation of the continent by Europeans. As an example, the Mohawk people refer to themselves as the Mohawk Nation. The terms "Indians" and "Bands," by contrast, tend to reinforce “the labels provided by others” to Canada’s aboriginal peoples.
Many issues are sources of conflict between the government of Canada and the aboriginal peoples in Canada. These issues, however, may be considered largely in the context of three broad areas of conc

But theopen-ended nature of the process . [xxv]Ibid. [v]"Time For A Constitutional," Economist 321 (26 October 1991): 52-53. It is hard to truly represent the political will ofyour own people when most of the accountability structures you face pointback to outside sources in the departments of Indian Affairs or theSecretary of State. "Treaty Talks, The Blockade, and The Green Agenda." Canadian Dimension 29 (august-September 1995): 12.Hall, T. Reed, "Cooperative Management of Environmental Resources: ACase Study From Northern Ontario, Canada," Economic Geography 71 (April1995): 144. Smith, D. [xvii]B. [xiii]Ibid. The Constitutional Relationship The "Oka Crisis" in Quebec in 199 was portrayed in the media for themost part as a dispute over land.[iv] The "Oka Crisis," however, was morea dispute over the constitutional relationship between the government ofCanada and the First Nations than it was a simple dispute over the right ofnon Oka people to build a golf course on a specific site. Continued pressure by aboriginal groups in such situations withoutattempts to negotiate settlements acceptable to the majority of Euro-Canadians simply weaken the influence of the aboriginal groups with thefederal and provincial governments in Canada. "Canadian ruling Says That Natives Theoretically Entitled to All Fish." National Fisherman 73 (January 1993): WCF1-WCF2.----------------------- [i]M. There is a fundamental contradictionbetween the AFN's affirmation of the inherent rights of First Nations andthe reality that the organization sits squarely on the colonial structureof the old Indian Act."[xxv] The weakness of many aboriginal groups in their dealings with thegovernment is Canada frequently "is . So the question arises, willthere be the need for a province-wide First Nations government? "Stepping Away From Colonialism," Canadian Dimension 29(August-September 1995): 14-17. [xx]K. The position grew out of apragmatic concern that provincial governments, who claim to have exclusivecontrol of natural resources within their boundaries, are generally hostileto any recognition that Indian groups are capable of retaining a measure ofinherent jurisdiction in their ancestral lands."[xv] Land and Resources Rights Disputes between aboriginal and non aboriginal people in Canada overland and resource rights are the high-profile issues that gain most of themedia attention in relations between First nations peoples and the federaland provincial governments.[xvi] Land and resource disputes also tend tobe the most bitter of the aboriginal-non aboriginal disputes in Canada. The Assembly, of course, also hassupporters among Canada's aboriginal peoples. In Canada, the term "FirstNations" refers to the aboriginal peoples who inhabited North Americabefore occupation of the continent by Europeans.[i] As an example, theMohawk people refer to themselves as the Mohawk Nation. Thus, deferral by these governments toaboriginal demands that may threaten re-election chances are not likely tooccur. Thesecond blockade is internal to the aboriginal community, and stems from thedissension among the various aboriginal groups in relation to both goalsand tactics. This awareness introduced new uncertainties aboutthe role of the elected chiefs and the role of their national organization,the Assembly of First Nations. These issues, however, may beconsidered largely in the context of three broad areas of concern--theconstitutional relationship between the government of Canada and thepeoples of the First Nations, land and resources rights, and the place ofaboriginal peoples within the Canadian system of laws.[iii] This researchexamines the degree and nature of the influence of Aboriginal groups in thegovernment of Canada within the context of these broad areas of concern. stimulated with the outrightencouragement or complicity of federal and provincial authorities.Consider, for instance, some of the shady complexities associated withlarge financial empire of the artificially-small Sawridge band in northernAlberta. breakdown on the Dene-Metis land claimsnegotiations in the western arctic. . The terms"Indians" and "Bands," by contrast, tend to reinforce "the labels providedby others" to Canada's aboriginal peoples.[ii] Many issues are sources of conflict between the government of Canadaand the aboriginal peoples in Canada. Jhappan, "Aboriginal Self-Government," Canadian Forum 71(October 1992): 15-16. It is hard to negotiate in aprincipled way with authorities who control funding to the institutions youare trying to secure. Extinguishment speaks of snuffing out the flameof life; extinguishment of rights speaks of the death of whole societiesand possibly also of the death of individuals who inhabit those societies.The time has come to put aside the terrible destructiveness that resultsfrom the abuse of law as an instrument for the burial of Aboriginalityunder the arrogant newcomers' bulldozer progress."[xxii] This assessmentsums up the aboriginal concern for the land, and it sums up thegovernmental and Euro-Canadian societal attitudes that First Nationspeoples confront. No one cansay where the individual wealth of Walter Twinn leaves off and thecollective wealth of the tiny Sawridge band begins. Endnotes BibliographyCame, B. FirstNations people are still going to need some sort of relationship with thegovernment of Canada-will it be between the bands and the government-andwhich department-or will it be between the Assembly of Manitoba Chiefs andOttawa. [xviii]C. Thisdecision reflects a strong current of opinion among many First Nationspeople that their participation in the vote, no matter which side of thequestion they took, would be inconsistent with the distinct constitutionalstatus of Indian societies in Canada."[xi] The distance in understanding between the aboriginal nationalleadership and the separate groups of aboriginal peoples emphasizes thedifficulties faced by aboriginal groups in their attempts to influencepolicy development and implementation by the government of Canada.[xii]The leaders of the Assembly of First Nations presents the organization as"an emerging instrument of Aboriginal government with the full authority tonegotiate on behalf of all Indian First Nations."[xiii] Many aboriginalpeople in Canada, however, tend to view the Assembly of First Nations as,at worst, a part of the government of Canada, or, at best, as a dupe beingused by the government of Canada. "Stepping Away From Colonialism." Canadian Dimension 29 (August- September 1995): 14-17."Time For A Constitutional." Economist 321 (26 October 1991): 52-53.Warren, B. [xiv]Ibid., 8. The Sawridge situationis hardly typical of most reserves in Canada, the majority of which remainoverwhelmingly poor and increasingly overpopulated. Aboriginal land occupations in pursuit of land rights makes it farmore difficult that it already is for the federal and provincialgovernments in Canada to "sell" any aboriginal land settlement proposal tomost non aboriginal Canadians.[xviii] Euro-Canadians especially oppose anytransformation of their property rights on the basis of claims ofaboriginal title. "Drumbeats of Rage." Maclean's 1 5 (16 March 1992): 14-17.Goldberg, K. The large proportion ofaboriginal peoples that distrusts the Assembly of First Nations, however,not only saps the ability of that organization to influence the governmentof Canada, but also subverts the influence of other aboriginal groups intheir attempts to influence the government of Canada. G. "The Politics of Aboriginality." Canadian Dimension 27 (January- February 1993): 6-1 .Hall, T. . Hall, "The Politics of Aboriginality," Canadian Dimension27 (January-February 1993): 6-1 ; T. If it is the latter, then it might be necessary to centralizegovernment power."[xxvii] Conclusion Aboriginal groups in Canada, in their efforts to influence the federaland provincial governments, face two major blockades. [ii]Ibid. At the centre of the Sawridge empire is Walter Twinn, who BrianMulroney recently rewarded with a seat in the Canadian Senate. These attitudes make it difficult for aboriginal groupsto act in a reasonable way in attempting to influence the federal andprovincial governments in Canada. Fulton, "Drumbeats of Rage," Maclean's 1 5 (16 March 1992):14-17. [xix]"First Nations Tire of Coming Second," Economist 336 (22 July1995): 44-46. Euro-Canadians, by an large, elect the federal andprovincial governments in Canada. Aboriginal Peoples and Canadian Law The government of Canada frequently exercises Canadian law as a toolto treat aboriginal peoples as if they are populations of occupiedcountries.[xxiii] The removal of Inuit families from Ellesmere Island wasa case in point. [xxvii]Smith, 16. Menzies, "Stories From Home: First Nations, Land Claims,and Euro-Canadians," American Ethnologist 21 (November 1994): 776-791. "The Fury of Oka." Maclean's 1 3 (1 September 199 ): 16-19."First Nations Tire of Coming Second." Economist 336 (22 July 1995): 44-46.Francis, D. [ix]D. R. "Aboriginal Self-Government." Canadian Forum 71 (October 1992): 15-16.Menzies, C. "Stories From Home: First Nations, Land Claims, and Euro- Canadians." American Ethnologist 21 (November 1994): 776-791."Panel Says Inuit removal Was Illegal." Facts on File 54 (25 August 1994): 6 9.Quiddington, P. [viii]Hall (1993): 6-1 . "Time to Get Tough With the Natives." Maclean's 1 8 (1 July 1995): 11.Fulton, E. Quiddington, "Indians Cheer Halt to Canada's Giant HydroScheme," New Scientist 13 (25 May 1991): 17. [xvi]P. Phil Fontaine, the Grand Chiefof the Assembly of First Nations, (which represents the 61 bands inManitoba) said the chiefs are embarking on 'the final, major steps inconsigning domestic colonialism to the rubbish heap of Canadian history.'The process being established is open-ended and allows for the potential ofconsiderable community input. The vote against the Charlotte Accord on bandreserves approximated 6 percent, while the Inuit constituencies approvedthe accord.. "Cooperative Management of Environmental Resources: A Case Study From Northern Ontario, Canada." Economic Geography 71 (April 1995): 132-149.Smith, D. P. That sortof decentralization has tremendous democratic potential. Came, "The Fury of Oka," Maclean's 1 3 (1 September 199 ): 16-19. The cancellation of thenegotiations between the government of British Columbia and the NisgaNation is an example of such an outcome.[xix] The aboriginal people cannotcount on the courts to do what cannot be accomplished politically, becausethe majority population in Canada can change governments with a charge tochange the courts. Francis, "Time to Get Tough With the Natives," Maclean's 1 8(1 July 1995): 11. The government of Canada follows a statist route innegotiations with the country's aboriginal peoples. has raised a number of concerns.One Aboriginal leader I spoke with noted that while handing the reins ofIndian administration over to First Nations people is a positive step,'there does not seem to be an overall direction. But a lot of whatIndian Affairs does is centralized reason. [xxiii]"Panel Says Inuit removal Was Illegal," Facts on File 54 (25August 1994): 6 9. An important legacy from the Indian summer was aheightened level of awareness in Indian country about the mechanisms ofinternal colonization. [xxii]Ibid. [vi]R. . P. One of this Act's originalpurposes was to displace traditional forms of Aboriginal decision making.Instead, a new system was enforced, modeled on municipal styles of localadministration. [x]Hall (1993): 6. K. [iii]T. At the heart of this system is the Indian Act, whichessentially transforms elected chiefs and band councilors into federalemployees of the Ministry of Indian Affairs.[xxiv] The Indian Act islegislation of the Canadian parliament "which to this day remains thegoverning regime on most Indian reserves. P. Indeed, the very idea ofextinguishment speaks of the underlying assumptions that still inform manyfacets of Canadian Aboriginal policy. The federal government on the other hand does seemto have an overall goal-to divest itself of a burdensome obligation.' Theprocess gives rise to far more questions than it answers. [xxvi]Ibid., 9. The Indian Act has created a host of devastating dilemmasfor many Indian people. [xxiv]Hall (1993): 8. And no First Nation will be forced intoaccepting the agreement. Many band governments simply wouldnot allow polling stations to be set up in their communities. "The outcome of the Indian vote probably disguises the full extent ofIndian distrust for the whole process. [xxi]Hall (1991): 17. The Little Shuswap and Neskonlith blockades in NorthernBritish Columbia in the summer of 1995 not only did not gain rights to theclaimed lands, the actions likely moderated the abilities of all aboriginalgroups in Canada to influence the federal and provincial governments.[xx] The comprehensive land claims process in Canada "marks the modern-daycontinuation of the constitutional tradition of making treaties withAboriginal groups. Goldberg, "Treaty Talks, The Blockade, and The Green Agenda,"Canadian Dimension 29 (august-September 1995): 12. For many reserves it will, as Fontaine says, besimply a matter of taking one more step away from colonialism. It just is not clear tome where it is heading. G. What real meaning would recognition of an inherent right have, ifthis reform only created additional means for the dominant elites to expandtheir authority over Native people at the bottom of the economic andpolitical pyramid?"[xxvi] The latest action negotiated by aboriginal leaders and the governmentof Canada that is sowing discontent within aboriginal populations is theinitiation of "a process which could lead to the dismantling of theDepartment of Indian Affairs in Manitoba. [xv]Ibid. That process is underway in those parts of the countrywhere treaties have been executed, that is in most of British Columbia, theNWT, Yukon, Quebec and in Labrador. Official expectation has long beenthat Aboriginal groups will eventually disappear; that their existence willterminate even while the grass continues to grow and while the water stillcontinues to flow. The extinguishment of the rights of any group carriesghastly connotations as we enter the final years of a century that has beenno stranger to genocide. In my view it was thisconsideration that prompted many Native people to be suspicious of the kindof 'self-government' being advanced by the national organization of electedchiefs. While Aboriginal groups by and largesee the process as an opportunity to confirm their right to the enjoymentof various attributes of their ancestral territories, the federalgovernment's objective in the bargaining is to obtain Aboriginal sanctionfor the outright extinguishment of Aboriginal rights to land andresources."[xxi] The government Canada's "insistence on extinguishment was one of themajor factors in the . The first of theseblockades is the perception of the majority Euro-Canadian population that"natives" are not entitled to "special treatment." The "special treatment"sought by Quebec further hardens attitudes toward aboriginal peoples. P. . "Putting Aboriginal Issues on the Canadian Political Agenda." Canadian Dimension 25 (June 1993): 15-18.Jhappan, R. THE INFLUENCE OF ABORIGINAL GROUPS ON THE CANADIAN GOVERNMENT Introduction This research examines the degree and nature of the influence ofAboriginal groups in the government of Canada. It becomes difficultto ignore, however, that too many of these communities, rich or poor, aredominated by a small elite who benefit personally from participation in anarchaic colonial system that thrives on repression, control from above andthe heavy-handed silencing of dissent. It is hard not to compromise yourself or your peoplein negotiating for scarce program dollars without the protection of arm's-length mechanisms. The Assembly of First Nations, in negotiating the Charlottetown Accordprovisions concerning aboriginal self-government, accepted the principlethat First Nations peoples should negotiate directly with the provincialgovernments to settle land claims and other issues dividing the aboriginalpeoples from other Canadians.[xiv] Opposition groups among the aboriginalpeoples in Canada, however, want to maintain the traditional "axis ofrelations between Indian nations and the Crown, as sometimes formalized intreaties," which means that negotiations between aboriginal peoples and thenon aboriginal people of Canada will "continue to run exclusively throughthe federal level of Canadian governance. "Indians Cheer Halt to Canada's Giant Hydro Scheme." New Scientist 13 (25 May 1991): 17.Reed, M. [vii]E. [xii]Ibid. Hall, "Putting Aboriginal Issues onthe Canadian Political Agenda," Canadian Dimension 25 (June 1993): 15-18;D. Indian Affairs isa centralized bureaucracy-on the face of it the workplan suggests that self-government will move most authority down to the reserve level. Those elected as chiefs and band councilors findthemselves in especially compromised positions where problems of conflict-of-interest are an inherent part of the job. [iv]B. K. [xi]Ibid., 7. . . R. Warren, "Canadian ruling Says That Natives TheoreticallyEntitled to All Fish," National Fisherman 73 (January 1993): WCF1. The governmentof Canada has attempted to recognize the constitutional concerns of FirstNations peoples; however, such attempt have never produced much success.[v] The abortive Charlottetown Accord included a self-government clause thatrecognized the principle of the inherent right of aboriginal peoples inCanada to govern themselves.[vi] The right to self-government is an issueon which all First Nations peoples agree.[vii] Exactly how such a right ofself-government would be applied in practice, however, is an issue thatcreates some divisions within the First Nations.[viii] Most certainly, theconcept of an aboriginal right of self-government generates high levels ofhostility among some segments of Canada's non aboriginal population, andpressures from these population segments on the government of Canadaimpinges on the ability of the First Nations to influence policydevelopment and implementation by the government of Canada.[ix] The failure of the Charlotte Accord at the polls nearly destroyed theinfluence of the Assembly of First Nations along with the influence of thatorganization's leader, National Chief Ovide Mercredi.[x] The firstministers were not able to deliver the non aboriginal vote in favor of theAccord; however, neither was Mercredi able to deliver the aboriginal votein favor of the Accord. Court decisions favoring aboriginal fishing rights tend to inflame nonaboriginal Canadians, particularly those who earn their livings in thefisheries.[xvii] The non aboriginal opposition to aboriginal resourceclaims is hardened by such rulings, and when, as frequently occurs,individual aboriginal persons flout agreements on resource use, the abilityof aboriginal groups to influence to government of Canada is weakened.

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