First Nations

Privatization

Canada, First Nations, Globe and Mail, Privatization, Self-Governing View all 2 comments

There are three problems I see with this idea of privatization of land for Aboriginals:
1. Prof. Moore says in her text (which I used in my studies last year) that Aboriginal Land Title and Claims are not registered on title. My point: Don’t add new rights to Aboriginals, just change present law! If we do not look at the underlying law affecting the ability to have recognizable Title and Claims registered on title, then nothing will change. Another example of just changing present law instead of adding new rights is this: I have been trying to find the law the my other professor mentioned in class that there is an old law that allows anyone to stake a claim on any land at any time (not verbatim, but in layman terms) just so long that they prove that there is a valuable mineral worth mining/digging for. One of the issues First Nations have is companies coming on to their land and mining/digging/using up natural resources to gain access to this mineral! Apparently, this law is really, really old and has been around since almost beginning of Canada. Oh, and there is a lot of legislation dealing with mining, so its a tough job!

2. The second problem is this: Who gets the interest in the land once someone defaults on their mortgage or loan? Is it just returned back to the bank? Then do the banks/mortgagees decide who takes over the loan or mortgage (which they do today with non-reserve land)? So, do Aboriginals then “lose” their land to the bank or mortgage company? Do Aboriginals “get the land back”? And is this default registered on title or is just dismissed like other Aboriginal claims/interests? These are the questions that need to be asked and issues presented when ideas like these are discussed! Strictly speaking to just what are the benefits fails to acknowledge the entire picture!

3. The third problem is that it’s not individuals that will be allowed to own the lands. It will be corporations! How crazy is that! That is even worse than non-FN individuals–we have corporations which are recognized as persons under the court of law…persons who have a lot more money, power, resources, etc. and also protected under anti-terrorism law in Canada.

In the end, majority of Canadians believe that Aboriginals can and would be better off with this legislation (ie-privatization might be better for First Nations)! Anyone can know this, just by simply viewing comments/posts on articles relating to First Nations. The racial comments. The stereotypical point of views. The over-generalizations. Yes, hurtful and ignorant, but they all agree with one thing: First Nations shouldn’t need government help or that Canadians shouldn’t be responsible for First Nations anymore.

What does this mean though when it comes to privatization of land? What does this mean for pushing forward self-governance? Do we just create another hierarchical organization to deal with each First Nation or one collectively working organization dealing with everyone as a nation (which is just plain bad)? Furthermore, how will privatization affect current law that remains unchanged? What does the term privatization actually entail and on what agreements (will they be non-binding and un-registerable)? All these terms and ideas sound really, really great but what do they really mean and what are the actual outcomes, not just the benefits, is what needs to be discussed!

Outcomes

 Indian and Northern Affairs Canada, First Nations, Globe and Mail, INAC, Pikangikum, Poverty, Robert Nault, taxpayers Leave a comment

I know it may be too soon to actually comment on this case (because I feel without a doubt the “hypersensitive,” a word used by G&M, will probably try to fight to overturn); now even I know that is something blatant to say about something so freshly decided. HERE is the link relating to G&M article.

Yes, these problems may have been going on for a long time for First Nations but I feel the bigger problem is we as First Nations pick fights without “thinking ahead.” Yes, we need to stand up for what is rightfully ours and rightfully of every Canadian citizen: heat, home, and clean water. But, as First Nations, we need to look at the bigger picture in its entirety and how it will impact the future nations. Only then will we might be able to take steps forward! Not only that, if First Nations continue to exhaust fights against any legal, political, social system, and are not fully aware of the impact their present day decisions might have on future decisions to be made, then First Nations will be severely limiting themselves (and their step forward).

For example, take the phrase “third party management.” This phrase was used when I first found out about changes to post-secondary funding (which was not too long ago, and then swept under a rug somewhere–maybe it will reappear after this article) Everyone and everything said “third party management.” What if THIS outcome on the phrase and its use/interpretation of “third party management” and “co-management” impacts the future decisions on post-secondary funding? All because the court felt they meant “co-management” and that they followed protocol! Then, that case dismissed. More resources exhausted. More relationships burned. More political and economical strife for a few more years.

First Nations need to be made fully aware of the decisions they make and the fights they choose before actually proceeding. The decision to dismiss in lower court and if affirmed in a higher court, will just affect future “third party management” or “co-management” issues: similar situations will be decided alike! THIS IS EXACTLY WHY FIRST NATIONS NEED TO BUILD BETTER POLITICAL RELATIONSHIPS! THIS IS WHY WE NEED TO WORK TOGETHER (with each other and with other organizations).

Then again….Maybe the issue isn’t that we don’t know how to work together, it’s that we don’t know how to recognize “real” help when it’s needed or accept “real” help as it is suggested. As First Nations in today’s country, I believe we have all the resources we need to help us get better. We just have been “ill” for so long, we forgot how to ask for help to get “better” and to use the help we have presently have. We don’t need more of whatever we already have: we just need to learn how to use what we have (isn’t it after all that Indigenous people are the ones who never use more than we need and never ask for more than we need?). We need to help the ones who are worse off than others, instead of expecting government help or waiting for government decisions to be made. I believe First Nations can better allocate the use of their resources, if we are taught how to. We need to RE-LEARN how to survive in Canada TODAY!

NOTE: This blog post isn’t for or against Pikangikum case. Prayers sent out to those on Pikangikum and every First Nation in need of a little prayer this holiday season.

1/2 The Solution

Aboriginal, Aboriginals, Canada, Community, First Nations, Teamwork Leave a comment

Reading about Newton, I thought to myself: as Aboriginals, people who have experienced our culture from within and experienced multi-generational problems both directly and indirectly, we are the only ones that can help ourselves; we just need help in developing the right action plans.

I believe that, even though Aboriginals are still severely marginalized and some lack the resources to help themselves, communities across Canada are much better working together and for one another against forces preventing an Aboriginal identity rather than working as one community in comparison to another community.

I am not sure if that makes sense, but I believe in it. If the communities who are better off helped the ones that are worse off than most, the road to recovery would probably be more smoother and the struggle a lot less difficult.

Teamwork is key!