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CHIEFS’ FORUM ON TREATY IMPLEMENTATION Treaty and Inherent Rights
23

Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

Jul 14, 2015

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Page 1: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

CHIEFS’ FORUM ON

TREATY IMPLEMENTATIONTreaty and Inherent Rights

Page 2: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

We are gathered here to start a process on

directing our energies as First Nation

leaders, Elders, women, youth to understanding and implementing the

Treaty to secure a good future for our children

and our children’s children as it was

intended.

A.J. Felix

Page 3: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

OBJECTIVES Review history of Treaty and Treaty

relationship Clarify roles and responsibilities in

Treaty implementation FSIN, Tribal Councils, Commissions,

First Nations, Treaty Areas, AFN, Treaties 1-11, Office of the Treaty Commissioner

Review relationship with the Crown – in right of Canada and Saskatchewan

Discuss how the inherent right to self-determination impacts Treaty implementation

Begin a strategic plan for Treaty implementation

Dan Bellegarde

Page 4: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

TREATY TRUMPS POLICY

It is up to First Nations to assess the obstacles to effective, prosperous governance

First Nations must believe that Treaty trumps policy

Political existence

Indian ActOrganize

Vision

Nations

Crown

Destiny

Economy

Free Vice Chief Morley Watson

Page 5: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

THE SPIRIT & INTENT

Our teacher, our Elder that led the pipe ceremony

His father spoke to me

Many of our young people don’t know that history

Spiritual part

Oral part

Inheritance

From the land

Okemow Wallace Fox

Page 6: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

THE SPIRIT & INTENT

In talking about the spirit of the Treaty, mosom Jim Canepotato saidAs Chiefs you’re only fighting half the battle. When you start talking Treaty, you are going to be surrounded by people that will have the education and the cunning of the white man who have the knowledge on paper. Be mindful to learn the spirit of Treaty and hang on to it.

These are the teachings of that inherent right of the people. The inheritance of this land. I’ve had to go back to learn the creation story of what happened and why we are keepers of the land

Page 7: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

SPIRITUAL FOUNDATION

Grandfather sun

The spirit in the water

The spirit in the grass

First Nations must understand, respect and uphold the spiritual underpinnings of Treaty

The Spirit of the Treaty is Alive

Page 8: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

SPIRITUAL FOUNDATION

• I was raised by my grandmother –nōhkom and educated the nēhiyaw way.

The government did not give those to us.They were given from the Creator.

Senator Matilda Lewis

• We talked about the Creator, the sun, the moon, the pipe, the pipe stem, the sweetgrass.

Page 9: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

SPIRITUAL FOUNDATION

• When we talk about our Treaty rights, we talk about the way we are going to live to respect life, our way of life on the land, and how we treat our fellow man.

Nobody can take your Treaty away from you

Page 10: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

SOVEREIGNTY & SELF-DETERMINATION

The Creator gave us this land

Treaty respects our sovereignty

Self-determination means the right to determine political status

We are sovereign under the Creator

Jim Sinclair

Sharon Venne

Page 11: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

The Numbered Treaties between First Nations and the British Crown were recognized by the United Nations in 1989

INTERNATIONAL TREATIES

The United Nations does not study domestic issues under international law

The United Nations does not study domestic issues under international law

Our treaties are international agreements

The Numbered Treaties between First Nations and the British Crown were recognized by the United Nations in 1989

Our treaties are international agreements

Page 12: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

Inherent rights include:

• lands and resources

• self-determination, which includes governance

• education, social development, health

• water and air

TREATY & INHERENT RIGHTS

We are born with them & inherit from generation to generation:

Inherent rights granted by the Creator

∆traditions

∆culture∆practices

∆spiritual beliefs∆customs ∆language

Senator Sol Sanderson

Page 13: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

TREATY & INHERENT RIGHTS Some inherent rights are reserved by Treaty-making;

some are recognized by Treaty-making

We can identify which ones were confirmed by Treaty-making in the form of Treaty rights and benefits

Page 14: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

TREATY & INHERENT RIGHTS

Ovide Mercredi

Page 15: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

LANDS & RESOURCES

The core principle of Treaty implementation is lands and resources

These are collective rights

The NRTA is a Treaty violation

Land and minerals were not given up

Sharing land

Reclaim lands and resources and underlying title

Page 16: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

SELF-GOVERNANCE

Govern ourselves according to our traditions and laws

Assert Treaty and inherent rights and powers

Establish legal and political institutions of government; include international relations

Create, plan, and implement our laws

Page 17: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

SELF-GOVERNANCE

First Nations governments, as the Treaty parties, delegate responsibility – not power – to regional and national organizations

First Nations organizations should always grow more powerful and stronger from experience and knowledge

Page 18: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

TREATY IMPLEMENTATION STRATEGIES

You have to know your enemy

Chief Darrel McCallum

Chief Delbert Wapass

Understand federal initiatives, strategies, actions

Know your opportunities

We have to know our culture, beliefs, and identity

Support our Elders

Page 19: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

TREATY IMPLEMENTATION STRATEGIES

Know Elders’ teachings of the spirit & intent

We have been told that treaty implementation is an illusion

Treaty territory is Traditional territory

We need to have our laws in place & occupy the field

Chief Ian McKay Chief Perry Bellegarde

Page 20: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

THE PEOPLE

Wisdom and kindness

Engage the people

That is how we rebuild

Get advice fromthe people

Page 21: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

THE PEOPLE

Chief Reginald Bellerose

Page 22: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

We want this generation to tell different stories than the ones we have been telling

for the past seven generations.

THE PEOPLE

Stories of pride and resilience, stories in our languages about our cultures and ways of life, stories of self-government

and prosperity.

Page 23: Chiefs forum pp trevised: a look at the Treaty relationship in Canada between First Nations and the Crown.

Ladies and gentlemen

Thank you for your patience and commitment.

Conclusion

We will say a prayer and thank the Creator

Let’s pray and thank the Creator.