[IPSM] Fwd: URGENT: Canada to abolish Barriere Lake Algonquins' customary governance, logging threats increase

[Dru Oja Jay]

---------- Forwarded message ----------
From: Barriere Lake Solidarity <barrierelakesolidarity at gmail.com>
Date: Mon, Jun 7, 2010 at 2:10 AM
Subject: URGENT: Canada to abolish Barriere Lake Algonquins' customary
governance, logging threats increase
To: barrierelakesolidarity at gmail.com



*ANNOUNCING A CAMPAIGN TO SUPPORT THE ALGONQUINS OF BARRIERE LAKE
OPPOSE SECTION 74 of the INDIAN ACT:
HARPER, STRAHL TO WIPE OUT THE BARRIERE LAKE ALGONQUINS’ CUSTOMARY
GOVERNANCE SYSTEM*

<http://ipsmo.files.wordpress.com/2010/05/scan0001.jpg>

The Canadian government is preparing to forcibly assimilate Barriere Lake’s
customary governance system using an archaic and rarely invoked piece of
Indian Act legislation – Section 74. This strategy is a draconian, last
ditch attempt to sever the community’s connection to the land, which is at
the heart of their governance system.  By breaking their connection to the
land, the Canadian and Quebec governments hope to get away with violating
resource-use agreements and illegally clear-cutting in their traditional
territory.

Section 74 hasn’t been forcibly imposed on a community since 1924, when the
Canadian government unilaterally deposed the traditional government of Six
Nations, padlocking shut the Haudenosaunee Confederacy lodge.

Barriere Lake is one of only two dozen Native communities still operating
with a recognized traditional governance system. They attribute the strength
of their community, language, knowledge and protection of the land to its
endurance. The impacts of losing their customary governance system would
have devastating consequences on their way of life.

There is a broad consensus in Barriere Lake in favour of retaining their
customs and against a Section 74 order erasing their Customary government.
*Take a stand today!
Support the Barriere Lake Algonquins and their inherent right to govern
themselves according to their customs:*

*EVERYWHERE:* *Write/call/fax* Minister of Indian Affairs Chuck Strahl and
Indian Affairs Quebec Regional Director Pierre Nepton:
http://barrierelakesolidarity.blogspot.com/2007/10/blog-post.html

*OTTAWA*: JOIN Barriere Lake community members in Ottawa on June 14 and 15
2010

*June 14: Feast and Celebration of Customary Government*:
http://www.facebook.com/event.php?eid=125575680806297
<http://www.facebook.com/event.php?eid=125575680806297%E2%80%A8>

6:30PM, Monday, June 14, 2010
Mac Hall, Bronson Centre at 211 Bronson Avenue, Ottawa, ALGONQUIN TERRITORY

*June 15: Demonstration: Stop Harper and Strahl’s Elimination of Algonquin
Customary Government*:
http://www.facebook.com/event.php?eid=128467113839884<http://www.facebook.com/event.php?eid=125575680806297#%21/event.php?eid=128467113839884&ref=mf>

11:30AM, Tuesday, June 15, 2010
In front of Indian Affair’s Minister Chuck Strahl’s office
Bank St and Wellington St, Ottawa, ALGONQUIN TERRITORY

*TORONTO*: Come MARCH with community members at the Indigenous Day of Action
Against the G8/G20 on June 24th in Toronto:
http://www.defendersoftheland.org/story/179
**

*June 24: Day of Action for Indigenous Rights!*
11:00AM, March start point: Queen’s Park, South Lawn
To arrange a bus ride from Ottawa to Toronto for June 24, please send your
request athttp://g20.torontomobilize.org/ottawatranspo

*--->* For more info, to donate, or to endorse the campaign: please email
barrierelakesolidarity at gmail.com

 www.barrierelakesolidarity.blogspot.com<http://ipsmo.org/www.barrierelakesolidarity.blogspot.com>
, www.ipsmo.org <http://ipsmo.org/www.ipsmo.org>


*:::: BACKGROUND ::::*

The Algonquins of Barriere Lake live on their unceded territory 300
kilometers north of Ottawa, in Quebec. They govern themselves by a customary
system, the Mitchikanibikok Anishinabe Onakinakewin. Unlike most First
Nations, they have never had band elections imposed on them by the federal
government through the Indian Act.

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:

“Whenever he deems it advisable for the good government of a band, the
Minister may declare by order that after a day to be named therein the
council of the band, consisting of a chief and councillors, shall be
selected by elections to be held in accordance with this Act.”

On April 8, 2010, Indian Affairs Minister Chuck Strahl signed off an order
to invoke section 74, initiating the process to impose Indian Act band
elections on Barriere Lake. The federal government has already hired an
electoral officer to oversee this process, meaning the federal government
aims to hold elections within a matter of months.

Despite its inclusion in the Indian Act, section 74-imposed band elections
would be a violation of Barriere Lake’s Indigenous customs, a draconian
interference in their internal affairs, a breach of their
constitutionally-protected Aboriginal right to a customary system of
government, and a violation of the minimum standards included in the United
Nations Declaration on the Rights of Indigenous Peoples. It is an attempt to
politically weaken the community, by destroying the way they have governed
themselves since time immemorial.

The affirmation of Aboriginal and Treaty rights in Section 35 of the
Canadian Constitution in 1982 guarantees Barriere Lake’s right to maintain
their customary system of government. There has been absolutely no case-law
since 1982 that would indicate that the Minister has the power to infringe
on Barriere Lake’s rights.

The Government move also contradicts a recent Federal Court decision
concerning Barriere Lake’s leadership. On February 17, 2010, Federal Court
Judge Robert Mainville concluded in the case of Ratt v. Matchewan that
Barriere Lake can “select their leadership in accordance with their customs
unimpeded by any conditions or requirements which the Minister may deem
appropriate.”

But the Canadian government, even if they had Canadian law on their side,
would have no authority to interfere with Barriere Lake’s inherent
jurisdiction over their lands, which precedes Canadian sovereignty claims by
thousands of years. Barriere Lake has never ceded their lands by treaty or
agreement and continue to exercise their jurisdiction over their lands by
responsibly managing the territory.

Barriere Lake’s customary government is tied to their use of the land –
their hunting, fishing, trapping, harvesting over their vast traditional
territories. Only those band members who live within their territories and
have knowledge and connection to the land can participate in their customary
system of government. The position of Chief is based on hereditary
entitlement, but other factors are equally or more important, including
leadership abilities, knowledge of the land, and community support. Elders
have a key role in the leadership selection process, ensuring the customs
are respected. They oversee a blazing ceremony, nominating potential
leadership candidates who are then approved or rejected by community members
in public assemblies. Leadership requires the consent of the governed,
meaning leaders can be removed at any time. Such a directly democratic form
of government accords well with the community’s decentralized organization.

For the Algonquins of Barriere Lake, their governance system is one of the
sources of their political strength and assertiveness: eligible community
members have a stake in the land, and they will select leaders who ensure
its protection and responsible management.

But if the Canadian government can impose section 74 Indian Act band
elections, this will change. Elders will lose customary responsibility for
cultivating leaders and for shepherding leadership selections. Voting by
secret ballot would undermine the consensus-based, directly democratic
process. Fixed terms for elections would destroy the hereditary elements of
their system. Indian Act elections would open eligibility for selecting
leaders to people on the band registry list, not just those who live and use
the traditional territory.* *As in many First Nations across the country,
off-reserve band members who have no stake in the land’s protection but a
say in elections or referendums concerning agreements or modern treaties
will likely vote for cash deals that may extinguish Inherent, Aboriginal, or
Treaty rights to the land.

The federal government’s attack on the community’s inherent right to a
customary governance system has served the ends of the Quebec government,
which has been allowing forestry companies to illegally log in Barriere
Lake’s traditional territory, without consulting and in areas that are
supposed to be off-bounds under the terms of the 1991 Trilateral agreement.
Quebec has just issued cutting permits for a new period of logging.

*—->Please take a moment to support a community that has protected their
territory from extractive industries for decades at great expense and
sacrifice to their lives.*

DEMAND THAT THE FEDERAL GOVERNMENT RESPECT BARRIERE LAKE’S CUSTOMARY
GOVERNANCE SYSTEM

SEND AN EMAIL VIA THE BARRIERE LAKE SOLIDARITY WEBSITE:
http://barrierelakesolidarity.blogspot.com/2007/10/blog-post.html


Collectif de Solidarité Lac Barrière
*******************************************
www.solidaritelacbarriere.blogspot.com
barrierelakesolidarity at gmail.com
514.398.7432

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