Here Are The Changes That The Harper Conservatives Hid In Their Huge 'Omnibus Bill' That Spawned 'Idle No More'
One of the first questions that people ask about the Idle No More movement is what the movement is all about. While the historical injustices experienced by First Nations are too many to list, activists say the current government is pushing through a range of new bills that violate treaty rights.
"Never in history has there been so many bills regarding and impacting First Nations been pushed through the House of Commons at one time," Idle No More Bill Breakdown, a document released by activists, reads. Below is an excerpt adapted from the document, outlining the eight bills and amendments which have sparked protests across the country.
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
• 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
• 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
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
• 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
• 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
Vancouver Observer
• 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
