Presentation
to the Standing Committee on Aboriginal Affairs on Bill C-7
By James Wastasecoot
Canadians enjoy the benefits of a democratic political
system that works for them. If Canadians are dissatisfied
with their political leaders they can say so in the media.
They can go to a public meeting and make their views known
amongst their fellows. They can appear at any number of
forums which exist for this purpose and share their views
and present what they see as solutions to problems in society.
What has made this possible has been a stable tradition
of constitutional government over time in which the rights
and freedoms of citizens and the limits of their governments
are clearly laid out in a constitution and a charter. If
they feel these rights are being infringed upon they have
redress through a governance system that they've had a hand
in shaping. They enjoy a framework of laws and institutions
which they know they can count on to respect their rights
and freedoms as citizens.
All governments and I'm sure most Canadians agree that indigenous
peoples ought to enjoy these same rights and freedoms. And
we do - in theory. Many Canadians believe that the same
constitution that provides safeguards for them extends the
same protection to us. In fact, aren't we "citizens
plus?" Don't we have rights in addition to those enjoyed
by other Canadians? Rights that are enshrined in section
35 of the Constitution Act, 1982 and section 25 of the Charter.
And so how is it, then, that I can sit in front of you today
and say, "I don't have any rights as a citizen of my
first nation government?"
Because as strange and as sad as this statement sounds,
I'm afraid it is the very real truth of the experience and
life that I've lived in my community over the past few years.
I publish small circulation newspapers that we distribute
in our community. The business end of this activity is quite
modest but we make a living and we're proud of the job that
we do.
The job as we see it is simply, to inform our community
of what is happening around and in our midst so that if
folks feel moved to act on a problem or issue they may do
so and in so doing keep our community healthy and safe for
everyone.
A mainstream journalist interviewed me some years ago and
wrote in his report that I sounded like an old fashioned
newspaper man when I described our role in our community
in exactly those words. The comment is very typical of the
understanding, or the lack of understanding of Canadians
have about the circumstances of indigenous peoples they
refer to as First Nations. Canadians really don't know the
reality that we live as citizens of our nations and citizens
of our "governments." The reason I'm "old
fashioned" to a reporter from the Winnipeg Fre Press
is that he is able to take for granted, the institutional
foundation, legitimacy and protection for his job in society
that enables him to go out and gather news and publish it
for all to read. Nobody questions his right to do this because
the battle for a free and independent media in his community
was won and entrenched as part of his society many years
ago.
So he can gather news, that is often critical or "negative"
as politicians of all stripes and colours are oft to complain
about what we do, for all to read - virtually without fear
of harm or other repercussion. Unfortunately we in the aboriginal
media, don't enjoy the same acceptance, legitimacy and protection
from the society and the system that we live and operate
under.
In my world, to publish "news" is to risk your
safety and freedom.
Let me share with you briefly some of what we're up against.
Last week, I received another notice of a potential lawsuit
by a chief. This time it's Ron Evans, a sometime minister
of the Anglican faith, in Norway House. Ron doesn't appreciate
us giving voice to the grassroots of his community who have
a lot of things to say about how he's running things at
Norway House. Ron Evans says we defamed his reputation in
the community by publishing the story. I can't help but
feel though that what he's really saying to me and those
voices we allowed to speak through our media is: "You
better shut up, or else, I'll make things difficult for
you."
The grand chief of Manitoba Dennis Whitebird served notice
two years ago and said to me at a gathering: "You should
just stop publishing newspapers. All you're doing is stirring
up animosity against the leadership of this province."
This from a man who graduated from the same university teacher
education program that I did in the 70s.
And of course, I've gotten into a whole lot of trouble in
my own community of Peguis where I decided a few years ago,
I couldn't simply stand by while the chief abused and took
advantage of his people. I will only briefly mention the
plight of my friend Cyril Cameron who in the past few years,
I've assisted in his efforts to access information about
our community finances through the federal "Access
to Information" law. Cyril filed his initial information
in April of 2000. He asked for what we thought was pretty
mundane documents such as the community audit. The main
funding agreement stipulates that such documents are to
be provided to "band members" and more. The Agreement
states that the band is to develop an accountability system
that includes a conflict of interest policy.
I mention too, that this is the province that the AMC entered
into an agreement with the Dept of Indian Affairs in 1995
to "restore our jurisdiction and powers of self-government"
to our governments and where, so far, approximately $34
million have been expended. Now you would think that with
this significant investment of resources that might otherwise
have gone to housing or social services in our communities,
there would be good progress made in the development of
governance and community constitutions, administration,
accountability and other matters. I am sad to report to
you that when I've requested this information from the AMC
and my band office, I've been ignored or told to go away.
In my own community of Peguis in the year 2003, we still
don't have an accountability system, a conflict of interest
policy. We don't have a policy on access to information.
Getting back to Mr. Cameron, the Department of Indian Affairs
administers requests for information regarding Indian matters
under the Access Act. The department though adds its own
veneer of rules to those which already apply to Canadians
who are trying to access information under the law. If your
band has control over its membership, the department says
to the Indian: "We have discovered that your band has
control over its membership.
Before we can proceed with your request, we need you to
consent to our disclosing your identity to your band office
so that they can confirm you're a band member who is entitled
to receive the information you are requesting."
Armed with the Indian's consent, the department then writes
a letter to the band council announcing that Mr. Cameron,
wants this information and so "won't you please confirm
that he is in fact a band member, so's we can give him the
information." Of course, this provides a neat way for
the Council to avoid providing information to the Indian
requester. Simply by ignoring the Dept's request, the council
can successfully obstruct a citizen's request for information.
The department, by adding its own arbitrary rules to those
already in the Access Act, in effect denies the right of
information access that would normally accrue to Indians
as Canadians.
In January of 2001, friends of Mr. Cameron learned from
the department that Mr. Cameron had "cancelled"
his request. Upon inquiring about this at his residence,
Mr. Cameron insisted that he hadn't cancelled and immediately
wrote to the Department denying that he had quit his request.
Mr. Cameron, it turned out had indeed signed a piece of
paper which may or may not have been a cancellation of his
request. The paper was offered to him a day after he buried
his father in law in Peguis in Dec. 2000. The chief showed
up at his doorstep and offered help in the form of furniture
for the grieving family. But first you "gotta sign
this," he said, proffering a piece of paper that Mr.
Cameron says he signed without reading.
I present a copy of this letter to you as evidence that
this story is true. That the chief of my community really
did stoop to chicanery to prevent information about the
disastrous state of his community's financial health from
getting out to the people of Peguis.
When Mr. Cameron fired off a letter denying that he cancelled
his request to the departmental representative in Ottawa,
in early 2001, and the Departmental representatives saw
what the chief had done, the Departmental officer immediately
sent Mr. Cameron all of the information he requested.
Concerned Citizens in Peguis published an open letter to
the community disclosing that the community was near bankruptcy,
that third-party management was imminent (which was subsequently
confirmed), that while the council was recommending a deficit
recovery plan which would repay the band's indebtedness
to INAC of $27 million at the time by sacrificing the community's
housing for 7 plus years, the band council adminstration
salaries, travel budgets would continue to increase. In
spite of this however, the people of Peguis re-elected the
chief at the following election.
So, why is it - I hear you asking that a chief who has been
exposed as at best a poor manager at best, and at worst,
a corrupt leader and thug, who would stoop to bribery to
keep his job, get re-elected year after year? Is Louis Stevenson
really the statesman that he claims on his web site Peguis
First Nation?
This phenomenon though is not really as unusual as it first
appears. All over the world, where men occupy positions
of power that are unrestrained and unchecked by the people
and their rules, it is possible for a leader to retain power
and hold onto it for a very long time. A short while ago,
we saw one such leader claim that he not only got a 100
percent of the vote in the first free election in his country,
but that 100 percent of the electorate turned out!
The conditions which make it possible for leaders to rise
to power and then to consolidate power in one man retain
it for a long time, even in the face of exposed corruption
and graft, are at the root of the problems we see in our
governance.
It can happen where a people are in transition from a traditional
setting of governance to a contemporary setting where new
structures and methods are demanded by our present circumstances
that we didn't need in our traditional settings, where we
relied largely on subsistence economies. It can happen where
people are confused about the norms of society, about what
is acceptable and not acceptable in the relationship between
a citizen and his society and his government. It can happen
where one man is handed $45 million by the government and
left virtually alone without effective rules to determine
the distribution of the money in his community. It invests
him with power to disburse the money with impunity and in
the process, to control who is rewarded and punished in
the community. This is the reality of life as a first nation
citizen in Canada.
Other publishers of aboriginal newspapers have felt the
wrath of our community for doing what they do. Lynda Powless
of the Turtle Island news at Six Nations is fighting a similar
battle with her council who obstruct her efforts to inform
her community. I've heard the same complaint from Will Nichols
of Beesum Communications in Northern Quebec and Ken Deer
of the Eastern Door in Akwesasne. They don't necessarily
support the governance bill but I mention them today simply
to underscore the point that the problems of governance
are pervasive and can come from even our most educated leaders.
We haven't yet sorted these questions out but I'm confident
we will in time. The thing is we don't want to wait another
20 or 30 years in the present situation while a perfect
instrument for our governance is negotiated by our leaders.
Maybe they can afford to wait.
The government funding that has flown to support such negotiations
has been ample and generous by any standard and has primarily
benefited those at the top - with very little in the way
of results.
The people I speak for in my community don't want to wait
another generation while our scarce resources are exploited
and plundered by our chief and his little clique of supporters.
The governance legislation allows us an acceleration that
is badly needed in our governance development. I see it
as a temporary solution while a more lasting solution is
ironed out. But our leaders are opposed and say the legislation
is colonialism. Well, what is the alternative? More negotiations
on self-government that don't ever seem to go anywhere?
That we can't even get access to? I should think the status
quo is colonialism but a kind of colonialism that seems
satisfactory to some who control our funding.
Matthew Coone Come said to you: "We have our own proven
traditions of democracy and accountability." Well,
where are they in my community? Where are they in Norway
House, or Nelson House? Let's see them and allow us to talk
about them.
Mathew also said to you:
"The term [good governance] is apparently intended
to portray the attributes of "strong, accountable and
sustainable governments and institutions" [2] and practices
that are superior to mere "governance". What is
evident from most of the discussion is that the theoretical
basis for these concepts is not within the nature of the
first nations, but rather in the socio-economic status of
the post-colonial state and its administrative needs."
He says further: "So when it comes to indigenous nations,
what is deemed "good governance" may bear little
or no relationship to the worldview of the people being
governed. Instead, it may only reflect the needs of the
state to address social, economic or political needs of
its own."
I disagree with the National Chief on this issue entirely.
first nations communities of which I am most familiar the
Ojibway and the Inninew or Cree certainly were familiar
with the idea of "good governance" which simply
conveyed the expectation of good leadership or doing what
is right in decision making. Good governance is simply the
idea that when one is honoured and selected to the position
of leadership, one must act in the best interest of his
community. If a leader didn't behave in a responsible way,
he could be removed. I would venture to say we spring from
a tradition steeped in democratic values.
The idea of good governance was not invented by or unique
to the white man, or to present day circumstances of colonialism
as Chief Coone Come suggests. It's inherent in all societies
around the world. The National Chief though, must do to
his utmost to remain circumspect in his role. We mustn't
say anything that even hints of misconduct in the band office.
Even the law of averages - that' there's bound to be some
corruption in our governance systems - seems immune to our
culture.
Why can't we be honest with one another on this subject
and come up with our own solution?
We could have addressed the issue of "good governance"
and corruption internally and come up with our solution.
The grassroots people that I speak to appealed to grand
chiefs for help to problems in their communities. But in
all cases they were turned down. The grassroots had no other
recourse but to turn to the white man for help and a solution.
What we saw was one grand chief after another simply bury
their head in the sand on this issue and refuse to talk
to us. Our leadership failed us. Mathew Coone Come failed
us.
Now, I know there's many good leaders out there who have
the best interest of their community at heart as they go
about doing a very difficult job. They know what's going
on but are hesitant to step and actively promote a policy
on good governance within our own community. They are elected
by the chiefs after all.
I hope all those good chiefs out there will find the strength
and resolve to put this matter right in our own community
eventually. I hope some of them will stand up and say, "I
don't agree with what is happening in that community and
we should do something about it."Otherwise they too
will be tainted by the few who are irresponsible and getting
away with it.
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