Bill C-92’s Indigenous Child Welfare Act: More Pan-Indigenous Legislation that Risks Continuing the Status Quo

Bill C-92 An Act respecting First Nations, Inuit and Metis children, youth and families has been heralded as a “historic turning point”, an “important first step”, a “major milestone” and other similarly over-used and under-impressive political phrases to describe yet another top-down initiative from the federal government. While the Assembly of First Nations National Chief Perry Bellegarde (AFN) claimed that this legislation was “co-drafted” by the AFN and the federal government, that was not the case. In fact, Dr. Cindy Blackstock confirmed that First Nations did not co-draft the legislation and First Nations were not even permitted to see the second draft before it was tabled. This should be no surprise as Justice Canada does not co-draft legislation with anyone other than the French and English legislative drafters at Justice Canada – this is their long-standing practice. Bill C-92 content is glaring evidence that First Nation experts in child welfare did not hold the pen on this …

Federal Budget 2019: Indigenous Women and Children Left Behind - Again

(Pam Palmater, photo by Ben Powless)
As expected, the Assembly of First Nations was first out of the gate offering glowing praise for this Liberal government’s federal budget, followed shortly thereafter by the Metis National Council and Inuit Tapiriit Kanatami – the three male-dominated national Aboriginal organizations. Their organizations have seen substantial increases in funding for their political organizations in recent years. Meanwhile, the Native Women’s Association of Canada – the only political organization representing Indigenous women at the national level - issued its own press release criticizing the government for failing Indigenous women. They accused the federal government of, once again, ignoring the pressing needs of Indigenous women and in so doing, not only hampering reconciliation but breaching their core human rights. NWAC is especially aggrieved about this lack of funding for Indigenous women and families, given the urgent n…

Bill C-91 An Act Respecting Indigenous Languages: More Hollow Reconciliation

There is no doubt that pre- and post-confederation governments in what is now known as Canada have developed policies, enacted laws and regulations, and engaged in practices that have had as their primary objectives: (1) to acquire First Nation lands and resources and (2) to reduce financial obligations acquired through treaties and other agreements with First Nations. Their primary methods have been to eliminate and/or assimilate “Indians”. Elimination took the forms of small pox blankets, scalping bounties, murders, starvation rations, and forced sterilizations. Attempts at forced assimilation took place in the form residential schools, forced adoptions (60’s scoop), and the Indian Act which outlawed certain cultural practices and created a legislative extinction date for First Nations. The impact of these laws, policies and practices have been nothing short of genocidal. The specific impact to First Nations languages have been devastating. The majority of the 70 different First Nat…

Cannabis legalization ignores First Nations

*This article was originally published in The Lawyer's Daily on Jan.30, 2019.

For decades, federal and provincial governments, through their local, regional and national police agencies and court systems, have arrested, charged and imprisoned thousands of First Nations people for engaging in the cannabis trade. Many had hoped that Prime Minister Justin Trudeau’s stated commitment to renewing the relationship with Indigenous peoples and his desire to legalize cannabis would help address many issues, one of which being the crisis-level over-incarceration of Indigenous peoples.

Despite legalization of cannabis in 2018, Trudeau’s Liberal government has not yet seen fit to provide relief for Indigenous peoples languishing in prisons for cannabis-related offences. This is disappointing on two fronts: the first being that Trudeau has not kept his promises to Indigenous peoples; and second, that the first ever female Indigenous Justice minister didn’t take steps to get Indigenous peoples…

What You Need to Know About Sharon McIvor's Major UN Victory on Indian Status

(Picture of Sharon McIvor and I at the United Nations in Geneva)
Sharon McIvor has won yet another landmark legal victory for First Nations women – this time at the United Nations Human Rights Committee (UNHRC). On January 14, 2019, the UNHRC released their decision which found that Canada still discriminates against "Indian" women and their descendants in the registration provisions of the Indian Act. Despite the fact that Sharon had already proven her discrimination case at trial and on appeal here in Canada, the federal government refused to eliminate all the remaining sex discrimination from the Act. This meant that Sharon and her descendants still have lesser or no Indian status as compared to her brother and his descendants – simply based on sex. Sharon was therefore forced to bring a human rights claim to the UNHRC under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). The UNHRC found Canada had violate…

True Test of Reconciliation: Respect the Indigenous Right to Say No

(Image from Unistoten Camp)

*This article was originally published in Canadian Dimension Magazine on May 15, 2018.

Conflict is coming. There is no getting around that fact. Anyone who believes that reconciliation will be about blanket exercises, cultural awareness training, visiting a native exhibit at a museum or hanging native artwork in public office buildings doesn’t understand how we got here. Reconciliation between Canada and Indigenous peoples has never been about multiculturalism, diversity or inclusion. Reconciliation is not an affirmative-action program, nor is it about adding token Indigenous peoples to committees, advisory groups or board rooms. We cannot tokenize our way out of this mess that Canada created. Real reconciliation requires truth be exposed, justice be done to make amends and then Canada’s discriminatory laws, policies, practices and societal norms be reconciled with Indigenous rights, title, treaties, laws and jurisdiction. T…

Trump's "Crazy Town" Represents a Clear and Present Danger to Canada

(Photo taken when I marched in Trump Protest in NYC)

Donald Trump shocked countries around the world when he won the election for President of the United States of America (USA) on November 8, 2016. Trump was formally elected as the 58th US President, together with Mike Pence as his Vice-President, by the Electoral College on December 19, 2016. However, the official inauguration ceremony did not take place until January 20, 2017. While most of us were in a state of shock during the weeks between Trump's election and his inauguration; millions of Americans immediately took to the streets in nationwide protests under the collective chant “Not my President!”.

Trump’s presidential welcome (or lack thereof) did not get any better at his inauguration. In fact, attendance at Trump’s formal inauguration ceremony was one of the lowest in modern history – the crowds were only a fraction of the size that attended former President Obama’s inauguration. Not only ha…