Beyond the First Nations Governance Act

BY DON SANDBERG

Looking back at the events that shaped the past year, or to be more exact many of the past years, particularly those on first nations and how they operate it should come as no surprise to say that am no big fan of present day band governance on many first nations.

This past year on the Dakota Tipi First Nation, we watched the two factions that divide this community openly and violently fight for control of the band leadership. This happens too often in many of our communities. And much of the blame lies in the way the current governance system is set up in many of our communities where the origins of conflict rest with the various band lawyers and consultants, who operate on the notion that the economic, financial, political and social interests of the incumbent chiefs and council supersede the rights of the community in general-the people.

There work, which often includes drawing up band election procedures acts, has ensured that a hierarchical -top down-system of government is employed. This has allowed many of our leaders absolute control on everything from the most minute details to millions of dollars of band assets and funds.

While all the blame cannot rest with the band lawyers as they are given their instructions the concept that their clients are, in fact, is the community itself, and not simply a specific chief and council, seems to be an unfathomable concept.

The absolute control many chiefs and councils have been able to exert through the use of a host of band regulations, procedures and BCRs has, in too many cases, resulted in giving many chiefs and councils absolute and dictatorial control over every aspect of a band members life.
We have our fair share of dictators disguised as leaders and will have many more if the people do not wake up and say enough is enough.

What are some of the root causes that create factions that divide our families and communities in the first place? As I mentioned earlier "absolute control" Too much power has been diverted to the chief and council away from the people. On these first nations where absolute control is practised, the leaders decide who gets a new house, whose house gets renovated, which band members will do some of the building or renovating, which band members receive band contracts to supply sewer and water services, plumbing and electrical contracts, who will receive funding for post secondary education, who will be hired for Band jobs and includes which contractors are hired to work for the reserve, and the list goes on and on and on.

On those first nations where such control is so absolute it can be very dangerous for members to go against the leadership and as a result the majority of band members are often afraid to show up at band meetings especially where a vote on some issue may take place. They are afraid they may be pointed out as going against the leaders.

I have witnessed leader-dictators firing band members and their extended family members from their jobs, refusing members new housing, job opportunities, and even cutting off an entire family's welfare.

And these are only a few of the ways that leaders impose retribution against those who question their style of leadership and for not blindly supporting their motions at band meetings.
As a result this system has created a hard-core of supporters for such leaders whose blind support stems solely from self-interest that ensures they are the first to receive new housing, jobs and financial assistance.

This in turn breeds resentment and jealousy among other members of the community and creates divisions or factions.

How may we overcome some of these problems? I can only offer an opinion on this matter. It has always been my conviction that the people, the band members, are the final authority on issues pertaining to their reserves, their homes, their people, and how their bands are administered and governed. It is the responsibility of a duly elected chief and council to honour and respect the best
interests of the community, not their own self-interests..

The people must be the ones to call band meetings, to develop electoral procedures acts, appoint appeal committee members by way of a vote, and to hire an electoral officer with no connections to any candidate. On many first nations these acts and decisions are handled solely by the chief and council. As a result we have witnessed numerous corrupt election practises that have included vote-buying and out right bribery.

A system that places so much power in the hands of a few individuals leaves itself open to the potential for abuse.

On my first nation the electoral procedures act is developed by lawyers and consultants, the appeal committee members are selected by the Chief and Council, most of whom are directly related.

In the most recent election in my community the electoral officer, whom many of my people had no confidence in, was appointed anyway by the Chief and Council, leaving the distinct and reasonable impression that the deck was being stacked.

I believe that in such areas as housing, it should be the people at their band meetings who should vote to select a committee of respected Band members, who will review housing lists on a need by need basis. This committee must have the sole and final authority to approve new housing for those most in need. As it stands now housing allotment has simply become another means of bribery during elections.

As many of you may recall a document came out in the Drum last spring, that spelled out an agreement between the Peguis First Nation and the Community of Norway House to transfer housing allotments dollars between the two communities. The deal came prior to Norway Houses election and the promise of additional housing enticed many voters even though our community has to repay Peguis in the future. The reasons for such agreements are obvious to even the most casual observer.

Another solution to break the iron-fisted control of many chiefs and councils would be to ensure that the management teams of our service providers such as welfare, education housing, and social services having the sole authority to select and hire those most competent for the posted positions. This would do away with political appointments of individuals with little or no experience hired and paid exorbitant salaries providing little or no benefit to the community.
And it must be the people who set the salaries for the positions on council. How is it that our leaders cry out that first nations are under-funded when many are making more money than the premier of the province or in some cases earn even more than the Prime Minister of Canada?
How is it that they have the audacity to berate the government for housing shortages on reserves, when the chief of one of the largest reserves in northern Manitoba, and touted to be one of the most progressive, recently received his fourth new home in less than a ten-year period?

Far too often we rely on government's to come in and fix our problems. How many of you in the past have written to the government, with complaints concerning the action of our leaders only to be told by someone in Indian Affairs that the problem is a local one. Why do we expected the government or the courts to resolve our problems? Because we can never get together and call a Band meeting to resolve the issue, we fear what the Chief and Council will do to us if we call a meeting?

Over a month ago some of the people on my reserve called a band meeting and approximately four hundred people showed up-nearly half of the adult eligible voters on-reserve. They wanted access to band financial statements and questioned why the chief spends so much time commercial fishing and yet still receive his salary as a chief while doing so. The chief did not attend the meeting but instead later ran to the band's lawyers to issue a letter that was posted throughout the community, basically saying that the meeting called and attended by 400 Band members was invalid because only the Chief has the authority to call such a meeting. It is my hope that the next Band meeting called by the people that over one thousand Band members will show up in support of democracy, after all this is your home and your children's home, for it is you the people that are the final authority on how you want your community run.

Maybe the self-government we all desire has to be driven by the people.