Bill C-45: Jobs and Growth Act (Omnibus Bill)

I. Land Surrenders

• This process prevents any debate or Grand Chiefs to present views of amendments
• The Indian Act changes with zero consultation of communities
• Lowers threshold for the surrender of reserve lands
• It is no longer the majority of the band list that determines such a surrender of such reserve lands, but just a handful of people (e.g. five representatives in attendance, with three voting "yes")

II. Navigable Waters Act
• The federal government vacates jurisdiction over waters, parks, fisheries, etc. and the responsibility and duty to consult, honour treaty rights
• Allows Provinces to have more powerful expropriation powers
• The current federal government has expressed wishes to “unlock” First Nations' lands for the maximized benefit of Canadians

Bill S-2: Family Homes of Reserve Matrimonial Interests of Rights Act

• Does not recognize any First Nation by-laws that already set out matrimonial property laws
• For the first-time in history, legal rights can be given to non-Indians over holds on lands on-reserve
• Land, protected under treaties, exclusively for First Nations, can be given and transferred to non-First Nation people through this bill

First Nation Education Act

• Incorporates and imposes provincial laws into First Nation education on reserves
• The bill violates treaty right to education
• The federal government wishes to nationalize, control and legislate the treaty right to education

• Federal authorities with hand jurisdiction to the Province – not just stepping away from treaty obligations, but also funding obligations

Bill S-212: An Act to Amend the Interpretation Act

• Non-Derogation of Aboriginal and Treaty rights

Bill S-212: First Nations Self-Government Recognition Bill and FNPOA

• The 1887 Dawes Act (United States) in Canadian form (privatization of reserve land: will take community-held reserve lands and divide up into individual parcels)

• This land can be sold to non-Indians and corporations, like any provincial lands, under provincial laws and registries, with no Aboriginal or Treaty rights associated anymore
• In the US, the biggest land grabs of indigenous land were not from treaties, but from the Dawes Act
• After the Dawes Act, more amendments were set to go and over half of the privatized lands were given to government, military, and corporations for resource extraction
• To put a pipeline (e.g. proposed Enbridge Northern Gateway pipeline) through a community, the community’s consent is no longer needed:  just the individual people whose property the pipeline would go beneath

Bill S-8: Safe Drinking Water for First Nations

• Will give the federal government the power to set up rules and regulations around water and sanitation and will be able to force Chief and Councils to do whatever federal authorities see as necessary on water
• They can demand that Chief and Councils fix water systems, but if there is no money to do so, it is taken from band operating funding formulas (that pays for housing, social assistance, etc.)
• If the federal government’s contractors mismanage a project, the federal government is not liable and they indemnify themselves from getting sued
• Transfers jurisdiction and pushes provincial laws on reserve lands

Bill C-428: Indian Act Amendment and Replacement Act

• Rob Clark’s Bill to Repeal the Indian Act altogether
• Gets rid of old provisions with zero consultation or with the consent of First Nations people
• Doesn’t acknowledge a band’s abilities to pass band by-laws
• Takes away the power of bands to pass by-laws to prohibit alcohol on reserves – by taking power away to create by-laws and govern
• As paternalistic and colonial as the Indian Act is, it currently protects a reserve from Provincial Laws, protects reserve Treaty Rights, prevents taking reserve land, prevents mining and development and pipelines


Bill C-27: First Nations Financial Transparency Act
• This bill will force First Nations to open up all the books, source revenue, and business revenue (for the public)
• Failure to make business information public can result in being taken to court and having funds to the community cut off
• Currently, if leaders speak up, they risk having budgets slashed
• The average salary for a First Nation leader is $36,845, while the salary of the average Canadian is $46,345

Ottawa Citizen

Weir Calls for CPP Expansion and OAS Replacement

With finance ministers meeting to discuss issues including the Canada Pension Plan (CPP), Saskatchewan NDP leadership candidate Erin Weir is proposing to strengthen retirement security.

“The Government of Saskatchewan should join other provinces in pushing for a significant expansion of CPP rather than dragging its feet,” said Weir. “Expanding CPP is the most efficient way to extend reliable, portable and indexed defined-benefit pension coverage for all Saskatchewan workers.”

Weir is also proposing a provincial benefit equivalent to Old Age Security and the Guaranteed Income Supplement for Saskatchewan seniors aged 65 and 66 if the federal government proceeds with hiking the age of eligibility to 67. As outlined in the accompanying backgrounder, this measure’s peak cost in 2030 would equal the ongoing annual revenue loss from the Sask. Party’s proposed corporate tax cut.

“Plan A is to elect a federal NDP government that would reverse Conservative cuts to Old Age Security. But if the Government of Canada does phase out benefits for seniors aged 65 and 66, we should be prepared to phase in an equivalent provincial benefit,” said Weir. “A provincial NDP government could pay for these pension benefits by reversing the Sask. Party’s no-strings-attached corporate tax break.”

To receive Old Age Security, one must have lived in Canada for at least 10 years. The equivalent provincial benefit could require 10 years of Saskatchewan residency to prevent people from relocating here simply to collect it.

“As well as improving universal public pensions, we must better protect workplace pensions in the public and private sectors,” said Weir. “Saskatchewan legislation should require immediate vesting, terminal funding and no reductions in defined benefits for retirees as long as the employer remains a going concern. To safeguard pensions in the event of bankruptcy, Saskatchewan should initiate discussions with other western provinces about establishing a regional pension benefits guarantee fund.”

REGINA — Saskatchewan’s First Nations are “idle no more.” On Thursday, hundreds of aboriginals and their supporters marched down snowy Regina streets in protest of the Harper government’s passing of Bill C-45. Similar walks have taken place across Canada throughout the week.

“I’m standing in solidarity with my people because I’m tired of the government’s imposition and governmental discrimination policies; I’m tired of it all. They try to determine what is best for us, we know what we want, we have our own policies, we know how to govern ourselves,” said Courtney McKay, 22.

Bill C-45, known as the Jobs and Growth Act, is 457 pages of legislation, making it one of the larger bills passed in the last 20 years. In total, it will amend or affect 37 acts.

Of utmost concern for the protesters is changes to the Navigable Waters Act, the Fisheries Act and a separate private members bill that could repeal or significantly change the Indian Act.
“Bill C-45 is going to affect our water ways, and its going to destroy our land and our resources,” said McKay.

After walking 3 1/2 kilometres from 5th Avenue to the Legislative Building, First Nations leaders took to the steps to a roaring crowd of 400 chanting “idle no more.” Glenn Pelletier, a Cowessess First Nation counsellor, denounced the Harper government for not consulting First Nations on any of the changes.

While drums were beating and the smell of burning sage surrounded the crowd, Michelle Rae McKay pointed out that 89 per cent of Canadian land is owned by the crown and First Nations have a right to that land. She said the country’s aboriginals are made up of sovereign nations and Canada has “no right” to tell them what to do.

Edmund Bellegarde, tribal chairperson for File Hill Qu’Appelle tribal council, echoed that sentiment in a scrum with reporters. “Our inherent rights to self government has to be the end result,” he said.

The “idle no more” movement has gained traction from coast to coast in the past week. Bellegarde said the future of the movement is in the hands of the government and its response. “We will continue to advocate, we will continue to march, we will continue to rally, we will continue to rally this movement. The voices of our people (are) idle no more,” he said, adding the power of First Nations networks is starting to be seen. “It’s only going to get stronger,” he said.

Many speakers spoke about the importance of young people, of which there were many on Thursday, in ensuring the aboriginal voice is being heard in Parliament.
Rain Poorman, 14, fears for the future of his education if the conservatives remain in power.
“I’d like to see Stephen Harper stop Bill C-45,” he said.
dfraser@leaderpost.com

In a news conference at the legislature on Tuesday, Finance Minister Ken Krawetz acknowledged the government has been saved from a deficit in part because of that one-time transfer from the feds.

"There would be other things that we would be looking at in terms of expense management absolutely. I mean that's the benefit of a mid-year projection. We're able to look at all of the sources that provide additional dollars and we're able to look at where we're able to adjust expenditures" he said.

He admitted the heavy reliance on resource revenues continue to make the province vulnerable.

"There will be challenges for the financial planning for 2013-2014 and beyond."  Provincial debt is staying on track at just under $4 billion, yet Crown debt -- particularly at SaskPower --continues to rise.

* Some Crown corporations and other organizations have obligations to other