[IPSM] [KOLANews] Opinion: "Fontaine Gump - Stupid is as stupid does"]

[Ahniwanika]

http://www.switlo.com/opinion.php?selected=76

Fontaine Gump
Stupid is as stupid does

by Janice G.A.E. Switlo
February 23, 2006


Representatives of a Canadian ethnic minority lobby group, the Assembly 
of First Nations, rather embarrassed themselves recently in Israel. 
Apart from that, they have done a huge disservice to the Indigenous 
nations and their nationals with whom I am familiar, for example, Cree, 
Anishnabe, Maliseet, Mohawk, Tahltan, Tsimshian, Gitxsan.

Yes, I said Gitxsan. I have been spending a lot of time recently getting 
to know the Gitxsan, which is why this is the first Sheds the Light of 
2006. Contrary to a reading of the Delgamu'ukw decisions and the 
representations of a British Columbia Society called the "Gitxsan Treaty 
Society," the Gitxsan are alive and well and are not a mere Canadian 
ethnic minority. I am so pleased to have learned first hand that they 
have one of the strongest surviving governance structures I have seen, 
though there is much effort underway to destroy that. That's why I am 
helping them.

The recent "delegation" to Israel, listed below from the available 
backgrounder (I do not know who actually attended as yet) has seriously 
mislead Israel should the local journalist reports be an accurate account:

     "The Assembly of First Nations, which represents all the indigenous 
nations of Canada, wants to establish a diplomatic mission in Israel. An 
AFN delegation that included several chiefs of various nations met on 
Wednesday with President Moshe Katsav to tell him how much they have 
been inspired by Israel in their quest to reclaim their own national 
identities, cultures and territories."

     Greer Fay Cashman, "Canada's indigenous groups seek ties with 
Israel," The Jerusalem Post, February 22, 2006
http://www.jpost.com/servlet/Satellite?cid=1139395466645&pagename=JPost%2FJPArticle%2FShowFull

The AFN is a Canadian government funded lobby group, as its 
representatives have acknowledged many times. Its representatives are 
elected by Indian Act chiefs. Canadian courts have held that Indian Act 
chiefs and councils are federal government agents. They replaced the old 
Indian agents. The Indian Act represents to a large extent an unlawful 
intrusion into sovereign Indigenous nation affairs.

There is no representation of the Indigenous nations through the AFN. 
Furthermore, at least from those Indigenous nations I checked in with, 
no authorities were granted to Phil Fontaine to act as their speaker or 
spokesperson in relation to Israel or President Katsav in any matter. 
They are terribly upset (furious) with Fontaine losing no time in 
telling the world that they are no more:

     " 'We also had a great civilization rich in tradition, with a great 
contribution towards Canada,' [Fontaine] said. 'We don't occupy the same 
place. We struggle to revitalize our culture and work hard to preserve 
our language. We're the original indigenous people of Canada. Once, all 
of Canada was ours. We owned it. We occupied it. We thrived in it. 
Today, we are far from the lofty place in which we used to be. We want 
to be where we used to be once - occupying our land.' "

     Ibid.

(There are also Indigenous people furious with Fontaine for the choice 
of Israel given Middle East issues. I intend no comment on the Middle 
East difficulties for the present purposes.)

There is a simple international law. If you've lost it, if you no longer 
have it, if you can only beg to be given some of it back, then you are 
no more.

This is not the current state of affairs in Canada. The treaties remain 
the highest constitutional instruments, legal and binding international 
covenants between nations. They provide permissions of land use to Her 
Majesty. Her Majesty's treaty rights are like a head lease. There is no 
surrender of sovereignty in those treaties, which are commercial and 
protectorate in nature. Other Indigenous nations have not yet provided 
permissions of land use. These are non-treaty areas where Her Majesty's 
governments operate unconstitutionally thereby giving rise to great 
uncertainty that continues to disturb investment security, especially in 
the province of British Columbia.

How ridiculous and inappropriate for any head of state to meet with the 
head of a state-funded ethnic minority lobby group from another state 
seeking "diplomatic ties." No wonder Israel President Moshe Katsav 
interrupted the delegation and reminded them that they

     "had the instruments of a democracy at their disposal ."

President Katsav had just been told that those before him were 
representatives of domestic ethnic minorities - who are often termed 
Aboriginal Canadians usually with the adjective of 
"fill-in-the-blank-former-nation" descent. This may not be with whom 
President Katsav was led to believe he would be meeting. Then again, the 
Canadian Jewish Congress describes one of the purposes of the visit of 
the delegation is so that

     "First Nation Chiefs, women and experts in the fields of business, 
law and academics will learn about best practices in agriculture, 
aquaculture and the preservation of minority languages from Israeli 
experts." [emphasis added]

Of course President Katsav

     "was not in the position to comment on the request for diplomatic ties"

in response to Peter Barrow's bumbling efforts:

     "In the course of the meeting, Peter Barrow, Chief of the Indian 
Island, New Brunswick, proposed that Israel start a diplomatic 
relationship with the indigenous people of Canada. 'You know how hard it 
was for you to be recognized,' he said. 'We want to establish a 
diplomatic mission here. We are looking to become globally accepted and 
global players.' "

There can be no diplomatic ties between a state and the domestic ethnic 
minorities of another state. Diplomacy is strictly between international 
entities. States cannot interfere in the internal matters of another 
state. A domestic ethnic minority is strictly a matter of domestic 
jurisdiction.

President Katsav quite correctly essentially told the delegation to go 
home and deal with it there.

Now a trip like this would usually take some serious planning not to 
mention some serious coin. Since the AFN is funded by public funds 
through the Canadian federal government, it is reasonable to assume that 
some of those funds were applied to this misadventure. Those in charge 
of the public purse would be justified in questioning such expenditures. 
For the life of me, I fail to appreciate how lawyers would need to 
travel to Israel to learn about "agriculture, aquaculture and the 
preservation of minority languages." Did they bill their hourly rates? 
Perhaps extending the courtesy of only half-hourly rates for the travel 
time?

     "Life is like a box of chocolates. You never know what you're gonna 
get."

Certainly that can be said about the antics of the AFN.

I have it on good authority that protocol meetings are taking place 
within the Cree Nation and within Treaty 1 - 11 to extend appropriate 
Indigenous nation diplomatic invitations to heads of states or their 
diplomats regarding upcoming events. Should President Katsav receive 
such invitations, as he may very well especially given this recent 
travesty, he or his proxy, as with all other state representatives, can 
be assured that it will be engagement nation to nation. There will be no 
ethnic minorities present and no wasted time.

There is much to discuss, because the Indigenous nations are global players.

     "That's all I have to say about that."

Janice G.A.E. Switlo


--
Backgrounder: Participants on CJC-AFN Mission to Israel

     MISSION CHAIRS:
     Phil Fontaine
     National Chief, Assembly of First Nations
     Member, Sakgeeng Ojibway Nation, Manitoba

     Ed Morgan
     National President, Canadian Jewish Congress

     MISSION PARTICIPANTS - FIRST NATIONS LEADERS
     Peter Barlow
     Chief, Indian Island Nation, New Brunswick

     Kelly Bird
     Chief, Mosquito Grizzley Bear's Head First Nation, Saskatchewan

     Beverley Jacobs
     President, Native Women's Association of Canada
     Member, Six Nations of the Grand River, Ontario

     Tina Levesque
     Chief, Brokenhead Ojibway Nation, Manitoba

     Rick O'Brien
     AFN Regional Chief, Yukon Territory

     MISSION PARTICIPANTS - INVITED GUESTS:
     Bernie M. Farber
     Chief Executive Officer, Canadian Jewish Congress

     Blaine Favel
     Advisor to AFN National Chief, Calgary

     Brenda Gedeon-Miller
     Executive Director, Migmawe Mawiomi Secretariat (Tribal Council)
     Member, Listiguj, Quebec

     Fred Kelly
     Elder
     Member, Onigaming First Nation, Ontario
     Accompanied by his wife, Sharlene Kelly

     Jack London
     AFN Legal Counsel and CJC volunteer
     Accompanied by his wife, Belva London

     Kathleen Mahoney
     AFN Advisor on Indian Residential Schools and University of Calgary 
Law and Human Rights Professor, Alberta

     Kathleen McHugh
     Co-Chair, AFN Women's Council
     Member, Siksika Nation, Alberta

     Frank Meawasige
     First Nation Artist and Entrepreneur
     Member, Serpent River First Nation, Ontario

     Anna Morgan
     Freelance journalist, Toronto
     wife of CJC National President Ed Morgan

     David Porter
     Chair, Kaska Dena Council, Vice-Chair of the Council for Yukon Indians
     Member, Kaska Nation, British Columbia

     Dr. Cora Voyageur
     Professor of Sociology, University of Calgary, Alberta, with 
academic interests in culture, identity, women's issues and Aboriginal 
issues

     Donna Wuttunee
     Regional Director, Industry Canada, Aboriginal Business Canada for 
Western Canada and the North
     Member, Red Pheasant First Nation, Saskatchewan

     "CJC, AFN travel to Israel for educational mission," Canadian 
Jewish Congress February 17, 2006
http://www.cjc.ca/template.php?action=news&story=777