[IPSM] Press Release: Canada seeks to unconstitutionally abolish Algonquin’s customary government to avoid honouring agre ements and recognizing legitimate leadership

[mattm-b at resist.ca]

FOR IMMEDIATE RELEASE

Thursday, November 12, 2009

Canada seeks to unconstitutionally abolish Algonquin’s customary
government to avoid honouring agreements and recognizing legitimate
leadership

Kitiganik/Rapid Lake, Algonquin Territory:– On Friday, October 30, 2009,
Indian Affairs Minister Chuck Strahl sent notice to the Algonquins of
Barriere Lake that he will not recognize their legitimate leadership, but
instead impose elections on the community in April, 2010 by invoking a
section of the Indian Act that would abolish the customary method they use
to select their leaders.

The attempt at assimilation would be a violation of Barriere Lake’s
constitutionally-protected Aboriginal right to their customary system of
government.

“The Canadian government doesn’t want to deal with our Customary Chief and
Council because we are demanding that the federal and Quebec governments
implement agreements they signed with us regarding the exploitation of our
lands and resources. So rather than recognize me, they want to do away
with our customary system of government by which I was selected,” says
Jean Maurice Matchewan, Customary Chief of Barriere Lake. “And while they
are not recognizing our community’s legitimate leadership, Quebec has been
taking advantage by illegally allowing forestry companies to clear-cut our
forests in violation of our Trilateral agreement.”

Documents released under court-order indicate the Government of Canada was
invested in quashing the precedent-setting Trilateral agreement, signed
with Barriere Lake in 1991, and undermining Barriere Lake’s legitimate
Customary Chief and Council.[1]

Jean Maurice Matchewan was reselected as Customary Chief on June 24, 2009,
but the Government of Canada has refused to answer six consecutive letters
sent by Barriere Lake’s lawyers, the last on Thursday, October 29,
requesting that the Government recognize this result. The June leadership
selection process was facilitated by Keith Penner, a former Member of
Parliament who chaired the Special Parliamentary Committee on Indian
Self-Government in 1983 that culminated in the historic Penner Report on
Indian First Nations Self-Government. Penner concluded that Matchewan and
his Council “followed and adhered to in each and every respect” Barriere
Lake’s Customary Governance Code and are the “the legitimate and properly
constituted leaders,” a result which should clear up confusion about the
identity of Barriere Lake’s legitimate Customary Chief and Council.[2]

At a Federal Court hearing on September 24, 2009, Prothontary Tabib urged
the Minister, in light of the new leadership selection, to withdraw his
recognition of Casey Ratt, whom the Minister has been dealing with as
Chief since March 2008.  This could allow the claims to leadership to be
resolved through the Courts. Rather than recognize the June leadership
selection or take direction from the Courts. Minister Strahl has decided
to impose elections on Barriere Lake, alleging the community is “lacking
the political will and the governance tools to resolve this matter” of
their leadership selection.

“We already have a Customary Governance Code, which would work well if it
were not for the internal interference of the Government of Canada. First
the Government of Canada recognized and worked with a minority faction
which didn’t respect our Customary Governance Code, in order to derail our
signed agreements. Now that we have the Government backed into a corner
because of our legal challenges and the recent leadership selection
process, which was documented by credible witnesses, they are trying to
win some more time by attacking our customs,” says Customary Chief
Matchewan.

Section 74 of the Indian Act states that the Minister of Indian Affairs
can impose an electoral system on First Nations with customary leadership
selection processes. But Barriere Lake’s Customary governance code is
recognized and affirmed by Section 35 of the Canadian Constitution, and
the Minister is therefore prevented from changing their customary system
of government.

Barriere Lake wants Canada and Quebec to uphold signed agreements dating
back to the 1991 Trilateral Agreement, a landmark sustainable development
and resource co-management agreement praised by the United Nations and the
Royal Commission since 2001. Quebec signed a complementary Bilateral
Agreement in 1998, but has stalled implementation despite the 2006
recommendations of two former Quebec Cabinet Ministers, Quebec special
representative John Ciaccia and Barriere Lake special representative
Clifford Lincoln, that the agreement be implemented. The 2006
recommendations include forest plans to harmonize logging operations with
the Algonquin’s land use and revenue-sharing to give the Algonquins a $1.5
million share of the $100 million in resource revenue that comes out of
their territory every year.

The Algonquin Nation Secretariat, a Tribal Council representing three
Algonquin communities including Barriere Lake, continues to support Chief
Matchewan.

- 30 -

Media contacts:
Jean Maurice Matchewan, Customary Chief of Barriere Lake: 819-435-2136

Notes
[1]
http://barrierelakesolidarity.blogspot.com/2009/08/another-smoking-gun-top-diplomats.html
[2]
http://ia341334.us.archive.org/0/items/2009-06-24AblPennerLeadershipReport_695/2009-06-24AblLeadershipReport.pdf