theresa spence of idle no more fights for her home and native land: the violation of aboriginal...

Upload: melissa-infusino

Post on 03-Jun-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    1/27

    Infusino1

    Theresa Spence of Idle No more fights for her Home and NATIVE Land:

    The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More inCanada

    Melissa InfusinoOctober 23rd, 2013

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    2/27

    Infusino2

    Abstract

    Despite the many injustices Canadas Aboriginal Peoples have experienced since the

    arrival of Europeans in North America, little has been done by the Canadian Government

    to end their socio-economic strife. The overall image that emerges from literature is

    negative, stereotyping the Aboriginal as a drug addict, alcoholic who has a history with

    law enforcement. This essay explains the reasoning behind the deteriorated state of

    Aboriginal communities through various academic websites and books. An analysis of

    these sources yields the Natives views and explanations that bring light to the dark-side

    of Canadian society through three assumptions: 1) the assimilation of First Nations

    people throughout history, stemming from racial ideologies; 2) those who are benefitting

    from the assimilation of Natives by exploiting their resources; and 3) those suffering from

    assimilative policies entrenched by the government. This essay reveals a shameful side

    of Canadian history, leaving citizens oblivious to the cultural genocide that has been

    unraveling for years right under their noses.

    Rsum

    Malgr les injustices que subissent les Autochtones du Canada depuis larrive des

    Europens en Amrique du Nord, trs peu a t fait par le gouvernement Canadien pour

    mettre fin leurs conflits socio-conomiques. Limage qui merge de la littrature est

    trs ngative, dcrivant des strotypes the lAutochtone comme un intoxique,

    alcoolique qui a un pass avec la loi. Cet essai explique le raisonnement derrire ltat

    dtrior des communauts Autochtones travers trois hypothses: 1) lassimilation des

    Premires Nations travers lhistoire, cause par des idologies racistes; 2) ceux qui

    profitent de lassimilation des Indignes en exploitant leurs ressources; et 3) ceux qui

    souffrent des politiques dassimilation enracines par le gouvernement. Cet essai rvle

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    3/27

    Infusino3

    un cot honteux de lhistoire canadienne, laissant les citoyens inconscients du gnocide

    culturel qui se dnouait juste sous leurs nez.

    After bringing disease, war and destruction to the Indigenous Peoples,

    Canadas colonizers put forth treaties that caused great resistance from

    Aboriginals because the benefits for the Europeans greatly outweighed the

    benefits to the first inhabitants of the lands. In 2012, history repeated itself after

    Prime Minister Stephen Harper introduced Bill C-45 and an investment treaty

    with China, including the expansion of tar sands on protected Aboriginal lands

    and waterways. While most Canadians would view The Harper Governments

    Canada-China Foreign Investment Promotion and Protection Act and Bill C-45 as

    beneficial to the economic growth of the country, many First Nations believe that

    this bill is a violation of Aboriginal Rights and a menace to the environment,

    hence evoking a political movement Idle No More of which Chief Theresa

    Spences hunger strike is a part. The historical context of the mistreatment of

    Natives during the colonization of North America lead to many sociological

    problems such as employment barriers and socio-economic disparities as well as

    political problems such as their legislated assimilation.

    The relationship between the Crown and Aboriginal people is one in which the

    government enforced political policies in order to culturally assimilate the First

    Nations people of Canada. Eurocentrism is the reasoningbehind the

    governments superior status towards Aboriginals and justifies its need to

    assimilate and civilize them. Legal assimilation can be observed through the

    establishment of different policies in the past such as the Crowns Lands

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    4/27

    Infusino4

    Protection Act of 1839, the Indian Act of 1876, residential schools and the White

    Paper of 1969.

    Since colonial times, Europeans have viewed the world as open to conquest,

    control and domination. Other civilizations have been perceived as weak or

    vicious, and as in need of being civilized. Eurocentrism hypothesizes the

    superiority of Europeans over non-Europeans based on a concept called

    diffusionism (Cannon and Sunseri, 2011). Diffusionism is based on two

    assumptions: most human communities are uninventive and a few human

    communities (or cultures) are inventive and are thus the permanent centers of

    cultural change or progress.1From this framework, diffusionism emphasizes that

    European peoples are superior to Indigenous peoples and this superiority stems

    from the belief that non-European peoples lack mind and culture. The theory

    argues that because Europeans are superior, First Nations peoples need to be

    civilized through the diffusion of rationality, innovation and a sense of honor or

    ethics from Europe in order to progress. Consequently, for centuries, First

    Nations children grew up being told that their culture was inferior, their religion

    was wrong and their language useless.

    Early colonial policy towards Aboriginal Peoples was influenced by

    Eurocentrism and shaped by two influential ideologies: mercantilism and Roman

    Catholicism (Cannon and Sunseri, 2011). French Indian policy had two primary

    objectives: conversion from paganism to Catholicism and the eventual

    assimilation of Aboriginal Peoples into French civil and commercial life. This

    1Cannon, Martin and Lina Sunseri,Racism, Colonialism and Indigenity in Canada, Ontario:Oxford U P, 2011,11.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    5/27

    Infusino5

    policy was established through incorporation and alliances that were cemented

    through marriage and adoption. (Cannon and Sunseri, 2011). The French Crown

    relied on the Roman Catholic missionaries to convert Aboriginals in hopes that

    Christian conversion and French civilizing influences would turn them into strong

    and loyal allies against the British colonizers. Unlike the French, the English, who

    were driven by land lust and maintained the idea that a savage could never

    validly exercise sovereignty, waged war on Aboriginal communities and took their

    lands by force (Cannon and Sunseri, 2011). As the fur trade became increasingly

    entrenched in society, the balance of power shifted. Patriarchy and the

    commodification of First Nation resources and labor introduced by the fur trade

    slowly destroyed egalitarian or communal relations between First Nations men

    and women2. Cooperation between Aboriginal and non-Aboriginal people was

    replaced by a new situation, one in which the economies of the two peoples were

    increasingly incompatible. Europeans were interested in establishing permanent

    settlements on the land and taking advantage of the resources in order to supply

    their own needs or exploit them to other markets. Thus, Europeans viewed the

    Native use of the land as a hindrance to productive development forcing

    missionaries to civilize them through Catholicism.

    The European ideal of womanhood revolved around female domesticity. The

    appropriate position of women was confinement to the household where they

    were subordinate to the wills of their fathers and husbands. Contrarily to

    European women, Aboriginal women were economically independent, had

    2Canon and Sunseri 45

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    6/27

    Infusino6

    considerable personal autonomy, controlled their own sexuality and had the right

    to divorce. Missionaries represented the condition of Aboriginal women in

    fatalistic and derogatory terms, believing that they had no value, were savages

    and their ways of life violated Christian norms. (47) Hence, evangelists attempted

    to restructure their society by introducing the European family organization with

    male authority and the elimination of polyandry and divorce. Missionary

    illustrations of the degraded and inferior condition of Aboriginal women were

    used to convince the Crown and other Europeans of the savage wretchedness

    of Aboriginal life

    3

    and were used to justify the ideological Eurocentrism rationale

    for colonial conquest, dispossession and cultural genocide of the First Nations

    people (Canon and Sunseri, 49). However, First Nations people were not only

    being dominated by religion. Colonial administrators undertook many initiatives to

    legally assimilate and civilize them.

    Many legal issues of importance to the aboriginal nations were decided early

    in the 19thcentury. Starting in the 1830s, the Canadian policies reflected the

    priorities of protection and assimilation rather than partnership with the First

    Nations Peoples. Among the most important of these policies was the Crown

    Lands Protection Act of 1839, which affirmed that aboriginal lands were the

    property of the Crown unless specifically titled to an individual (Aboriginal Affairs

    and Northern Development Canada). Disallowing indigenous control over their

    lands led to a significant loss of Aboriginal territories and infringed upon their way

    of life. In 1876, The Indian Act was passed, authorizing Canadian federal

    3Canon and Sunseri 47

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    7/27

    Infusino7

    government to regulate and administer in the affairs and daily lives of registered

    Indians and reserve communities. This federal law imposed governing structures

    on Aboriginal communities in order to control the rights of Indians to practice their

    culture and traditions. Furthermore, the government possessed the right to

    determine the land base of Indians and to define who qualifies as Indian in the

    form of Indian status (Cannon and Sunseri, 51-52). The main goals of this act

    were to reduce the number of status Indians the government was responsible for

    and impose the civilized European system. Consequently, many Indians were

    legally stripped of their identity, lost the right to live on traditional lands,

    participate in First Nations local activities and many Aboriginal women who

    married-out of their race were denied their First Nation identity and were denied

    the right to live on-reserve free from taxation or liens (Cannon and Sunseri, 50).

    This regulation remained in effect until the Indian Act was revised in 1985 by bill

    C-31.

    Another way to assimilate the First Nations people was placing their children in

    church-run residential schools. The government believed that it was easier to

    mould children than adults in order to diminish or completely abolish native

    traditions and prepare them for mainstream society. Hence, children were taken

    away from their homes, separated from their families and placed in boarding

    schools where they were taught to speak English or French and discouraged

    from speaking their first language or practicing native traditions. According to the

    Aboriginal Affairs and northern Development Canada, many children were

    victims of sexual or physical abuse, were malnourished, poorly dressed and

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    8/27

    Infusino8

    many of the schools were crowded and dirty. The last Indian Residential School

    was closed in 1996.In 1969, Prime Minister Trudeau proposed a White Paper policy with the goal

    of achieving greater equality for Natives. Wanting to maintain a legal distinction

    as Indian people, Natives across Canada rejected this policy because it would

    assimilate them into mainstream Canadian society. Due to the widespread

    resistance against the White Paper, the federal government eventually

    abandoned the policy (Cannon and Sunseri, 63). This was a turning point in

    Canadian history because the government finally began to abandon its policy of

    assimilation for a policy geared toward establishing constitutionally protected

    rights for First Nations.

    To conclude, Eurocentrism has shaped and influenced the way society views

    Aboriginals. Ever since the two races met during the colonization of North

    America, non-Indians have been trying to teach, convert, improve and even

    change Aboriginals and their lifestyles. A sense of superiority and entitlement

    from the Whites created a government that believed that First Nations Peoples

    were undeveloped human beings in desperate need of mentoring in order to

    properly function in society. This was expressed through the Crowns Lands

    Protection Act of 1839, the Indian Act of 1876, residential schools, the White

    Paper and is now being reproduced with the implementation of Bill C-45 by the

    Harper government in correspondence to the Canada-China treaty.

    The Conservative Party of Canada led by Prime Minister Stephen Harper is

    directly focused on creating jobs, promoting economic growth and ensuring long-

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    9/27

    Infusino9

    term economic prosperity (The Conservative Party of Canada). Hence, the

    Harper Government has signed a trade-treaty with China in order to help

    Canadas economy flourish by allowing Chinese investors to exploit natural

    resources such as the Albertan tar sands. Following the classical liberalist

    ideology and neo-liberalist economic policies, there will be little to no government

    intervention pertaining to Chinas business choicesregardless of how they may

    affect Canadians or the fragile environment.

    The Conservative political ideology is generally characterized by a belief in

    individualism and minimal government intervention in the economy and society.

    In Canada, The Conservative Party of Canada presently holds the majority of

    seats in the House of Commons allowing the Harper Government to pass

    legislation easily. Although it is a conservative party, it is a less radical version of

    classical liberalism, combining liberal values and policies such as equality of

    opportunity, redistribution of income (the social safety net concept with

    conservative stances) and most importantly promoting a laissez-faire economy

    and neo-liberalist economic policies (Boyd and Harrison, 202-206). In a laissez-

    faire, neo-liberalist economy, human needs are best served by free competition

    in the economic marketplace with minimal government intervention. State-owned

    enterprises and resources are sold to private investors (privatization),

    concentrating the wealth into very few hands and making the public pay for its

    needs (The Shock Doctrine). Furthermore, neo-liberalism liberates private

    enterprises from any bonds imposed by the government and promotes the idea

    that markets regulate themselves. Consequently, foreign companies have an

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    10/27

    Infusino10

    ease of entrance into the economy (Merriam Webster Online), thus explaining

    the entrance of China into Canadian economy.

    On September 9th 2012, Prime Minister Stephen Harper signed an

    agreement while at the APEC Summit in Vladivostok, Russia with China called

    the Canada-China Foreign Investment Promotion and Protection Act also known

    as the FIPPA. This Canada-China investment treaty was kept from the Canadian

    public and Parliament until September 26th, when it was quietly made public. In

    fact, the majority Harper Government continuously avoided democratic debate in

    the House of Commons by ignoring calls to studying and clarifying the

    ambiguities of this major foreign investment agreement between the two

    countries (CBC News). The reason for this secrecy was to avoid the backlash of

    the many failings of this treaty such as allowing Chinese investors to easily

    takeover Canadian assets and to sue the Canadian Government outside

    Canadian courts if the government puts any kind of restrictions or if it does

    anything that would infringe upon the foreign investors profit. Moreover, this

    treaty restricts British Columbia and Alberta from controlling their natural

    resources, negotiating a greater share of profits and creating regulations related

    to the proposed Enbridge Northern Gateway Pipeline for the next thirty-one years

    after it comes into effect.

    The Northern Gateway is a controversial pipeline project proposed to run from

    the oil sands in Alberta to the north coast of British Columbia. The eastbound

    pipeline would import natural gas condensate and the twin westbound pipeline

    would export bitumen from oil sands diluted with the natural gas condensate to

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    11/27

    Infusino11

    Kitimat, BC where it would be transported to Asian markets by oil tankers (Green

    Party of Canada). This is proof that the Harper Government is implementing a

    neo-liberalist economic policy by giving carte blanche to Chinese economic

    interests to exploit Canadian resources as they see fit with minimal governmental

    intervention.

    To conclude, Chinas companies will hold the power to shape Canadas

    natural resource markets as well as challenge Canadian politics. Not only does

    this treaty erode Canadas ability to deal with environmental problems and set

    high environmental and labor standards, it also infringes upon the First Nations

    Peoples rights, more precisely the right to the property of their lands. Stephen

    Harper pursued this deal without prior consultation with the Natives.

    Consequently, this undemocratic treaty has led to the creation of an Aboriginal

    Activist Group called Idle No More.

    The image of Canada is one where the world believes that it is a gentle

    northern neighbor of the United States. What the world sees of First Nations

    people in Canada is one of beauty and tradition often seen in cultural gatherings.

    However, they do not see the harsh reality that First Nations face on a regular

    basis and the horrific human rights violations that Aboriginals have been dealing

    with for generations which has now been brought to the publics attention by the

    Idle No More movement.

    After the public announcement of the Canada-China investment treaty, the

    Aboriginal community was very upset because it weakens the environmental

    protections in order to advance the rapid expansion of resource development on

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    12/27

    Infusino12

    un-ceded First Nations territories. This agreement therefore protects Chinas

    interests and would significantly increase their investment in the development of

    the Alberta tar sands, pipelines, mining projects and other resource development

    projects at the risk of aboriginal rights and the environment. Not only have the

    Natives lost their land throughout history but now the floodgates have been

    opened to allow foreign interests to exploit with impunity what is left of their

    limited resources with no economic benefit or return to them.

    To make matters worse, on December 5 th2012, the Harper Government

    passed the Canadian Omnibus Bill C-45, also known as the Jobs and Growth

    Act, in connection to the Canada-China Investment Treaty. Of particular concern

    are the changes in Bill C-45 that drastically reduce protections for waterways

    under the Navigable Waters Act and a private members bill that seeks to amend

    and ultimately repeal the Indian Act4. The most recent amendments to the

    Navigable Waters Protection Act further weaken the navigational and

    environmental protection of Canadian waterways, changing the statutes name to

    the Navigation Protection Act (NPA), a change that reflects the governments

    desire to completely separate navigation from the environmental component that

    enables it. In other words, the law will no longer protect navigable waters, it will

    only protect navigation5. Consequently, the NPA significantly decreases the

    regulation of Canadian waterways, excluding 99.7 per cent of Canadas lakes

    and more than 99.9 per cent of Canada s rivers from federal oversight6. Hence,

    4Jesse Winter, First Nations slam Bill C-45, Yukon News, (Dec. 2012).5Bill C-45 and the Navigable Waters Protection Act, Ecojustice, N.p. (Oct. 2012).6Bill C-45 and the Navigable Waters Protection Act.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    13/27

    Infusino13

    under the NPA, proponents of industrial development and large infrastructure

    projects (e.g. Enbridges Northern Gateway pipeline) will be given free reinto

    disrupt and impact Canadian waterways without regard to either navigation or

    environmental rights7.Also, Bill C-45 makes changes to the Indian Act in order

    to allow First Nations communities to lease designated reserves lands based on

    a majority of votes from those in attendance at a meeting or in a referendum,

    instead of waiting for a majority vote from all eligible voters 8.Without the need

    for the consent of the majority of Natives in a community, lands can be easily

    taken over by industries without any consultation on the environment, on the land

    and the waters that are essential to the Aboriginal tradition.

    With the implementation of Bill C-45, there will be fewer impediments to the

    development of the Alberta Tar Sands. A rapidly growing economy coupled with

    low domestic supplies of oil products have forced China to secure a long-term

    flow of oil to supply its ever-growing energy needs. The Canada-China Foreign

    Investment Promotion and Protection Act will allow China to exploit Canadas oil

    products, including the Alberta Tar Sands. Although this new presence in

    Canadian oil production will bring employment to Canadians and large

    investment projects will diversify Canadian exports, the environmental costs

    associated with developing oil sand petroleum are significant. Compared to

    extracting conventional oil, producing sand bitumen is a lot more damaging to the

    physical environment because it destroys forests for oil sand extraction, utilizes

    7Janyce McGregor, 22 changes in the budget bill fine print. CBC News.N.p. (Oct.2012).8McGregor

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    14/27

    Infusino14

    an enormous amount of natural gas to extract the bitumen from oil sands (Alberta

    Oil Sands extraction utilizes enough natural gas to heat approximately 3.5 million

    Canadian homes), produces an important source of greenhouse gas emissions

    and approximately uses twelve barrels of fresh water to produce each barrel of

    bitumen in surface mined oil sands operation 9. Furthermore, oil sands

    productions do not only impact the environment but also cause health problems

    for the First Nations.

    Aboriginal populations located downstream from the oil sands are developing

    respiratory diseases, cardiovascular problems and rare cancers that are

    suspectedly caused by toxic substances leaching into streams (Mech, 11). A

    2005 report, conducted as part of an environmental impact assessment by

    Suncor, concluded: Total metal levels (including arsenic and mercury) in the

    Athabasca River have been above water quality guidelines, similar to other water

    bodies in the Oil Sands Region. Chronic toxicity has been observed when

    laboratory organisms are exposed to Athabasca River sediment 10.

    Furthermore, deformed fish have been found in nearby Lake Athabasca and

    drinking water has been contaminated from the oil sands operations. The

    devastating effects on both wildlife and local indigenous peoples are threatening

    the preservation of their traditional way of life (Mech, 28) and are direct violations

    of treaties confirming their rights to their lands.

    In 1876 and 1899, two treaties were signed, Treaty 6 and 8 between the

    Queen and the First Nations peoples occupying what is now regions of Oil Sands

    9Michelle Mech,A Comprehensive Guide to the Alberta Oil Sands,N.p. (2011) 12-16.10Mech 28.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    15/27

    Infusino15

    developments. In both of these treaties, the Crown promised that the First

    Nations would retain hunting, trapping, and fishing rights in perpetuity 11.

    Moreover, Section 35 of the Constitution Act of 1982 protects aboriginal rights

    and communities from threatening federal and provincial legislative policies.

    These treaties were promises that were made so that both treaty partners would

    benefit from the wealth and prosperity of Canadian lands. It is evident that the

    government of Canada has benefitted from the natural resources, while many of

    the First Nations peoples are treated like second or third class citizens (e.g.

    racism, discrimination and employment barriers) resulting in high youth suicide

    rates, poor health conditions, over-representation in child and family services and

    prisons, alcoholism and hundreds of murdered and missing indigenous women12.

    In order to bring attention to and combat what the Harper government is trying to

    pass in the name of economic growth is the work and awareness being raised by

    the activist movement known as Idle No More.

    Idle No More began as the name of a teach-in in Saskatchewan that was

    organized in December by four activists Jessica Gordon, Sylvia McAdam, Nina

    Wislon and Sheelah McLean in order to fight the Federal Governments

    deregulation of most Canadian waterways in its budget implementation bill. As

    previously stated, the deregulation will make it easier for resource development

    companies to access rivers and watersheds that flow through First Nations

    11Mech 30.12Andy Radia, AFN runner-up Pam Palmater accuses the Prime Minister of trying tobreak up communities, Yahoo News,N.p. (Dec. 2012).

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    16/27

    Infusino16

    territories by eliminating much of their say in the matter of development.

    Furthermore, pipeline projects that pass through Aboriginal communities produce

    large reservoirs of toxic waste, release toxic chemicals into the air and emit

    greenhouse gas that lead to serious health problems (Gosselin, 4). Idle No

    Mores primary objective was to have the Federal Government repeal all

    legislation that violates treaties, including those affecting environmental

    regulations such as the Omnibus C-45 bill. In addition, Idle No More seeks to

    educate and revitalize First Nations Peoples, empower them and regain

    sovereignty and independence.

    On December 11 2012, Attawapiskat First Nation leader Chief Theresa

    Spence started a fast to draw public attention to Canadas Bill C -45 and raise

    awareness for the Idle No More movement. She pledged to continue with a

    hunger strike consisting of a liquid diet including lemon water, medicinal teas and

    fish broth (a historical survival diet for Indigenous communities facing poverty

    and food shortages from land loss and colonial policies) up until she won a

    meeting with Prime Minister Stephen Harper and Governor General David

    Johnston to discuss the legislation. After a six-week-long hunger strike spent

    under a tipi on Victoria Island, near Parliament Hill in Ottawa, Spence agreed to

    end her fast after members of the Assembly of First Nations and the Liberal and

    New Democrat caucuses signed a thirteen point declaration of specific

    commitments asked for by Spence. This declaration was designed to keep up the

    pressure on Parliament Hill, as well as reaffirming Spences call for a meeting

    with Harper and Governor-General David Johnston. A copy of the declaration,

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    17/27

    Infusino17

    obtained by CBC News lists thirteen commitments13:

    1. An immediate meeting between the Crown, the federal and provincialgovernments, and all First Nations to discuss treaty and non-treaty-related relationships.

    2. Clear work plans and timelines, and a demand that the housing crisiswithin First Nations communities be considered as a short-termimmediate action.

    3. Frameworks and mandates for implementation and enforcement oftreaties on a nation-to-nation basis.

    4. Reforming and modifying a land-claims policy

    5. A commitment towards resource revenue sharing, requiring theparticipation of provinces and territories.

    6. A commitment towards sustained environmental oversight over First

    Nations lands

    7. A review of Bill C-38 and C-45 to ensure consistency with constitutionalrequirements about consultation with aboriginal peoples.

    8. Ensure that all federal legislation has the consent of First Nations whereinherent and Treaty rights are affected

    9. The removal of funding caps and the indexing of payments made to FirstNations.

    10. An inquiry into violence against indigenous women.

    11. Equity in capital construction of First Nation schools and additionalfunding support for First Nation languages.

    12. A dedicated cabinet committee and secretariat within the Privy CouncilOffice responsible for the First Nation-Crown relationship.

    13. Full implementation of the United Nations declaration of the rights ofindigenous peoples. (CBC News)

    Unfortunately, Spence did not achieve her initial goal to meet with Harper and

    Johnston. In fact, she denied meeting the Prime Minister because the Governor-

    General Johnston would not be attending. Johnston's office said he was not

    attending "because it consists of a working meeting with government on public

    13Chief Theresa Spenceto End Hunger Strike Today, CBC News,N.p. (23 Jan. 2013).

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    18/27

    Infusino18

    policy issues.14" It was of importance to meet with the Governor-General

    because his presence was integral to the conference since he represents the

    Crown, which negotiated the original treaties with aboriginal people.

    To conclude, Theresa Spences forty-four day fast epitomized the hunger of

    Canadas First Nations forrecognition and fair treatment. Her camp-out near

    Parliament Hill was essential in helping to drive the issue of aboriginal rights to

    the top of the national agenda and onto the International stage reaching

    Indigenous groups from Central and South America, Australia and the United

    States. Her protest made a strong impact across the world not only because it

    highlighted the plight of many native communities: high unemployment, youth

    suicides, underfunded schools and services, poor living conditions and an over-

    representation in the Canadian Justice System, but also the ability of individuals

    to effect beneficial change.

    Throughout the years, the United Nations has identified Canada as a country

    with a high standard of living. Canada is very fortunate, by any criterion, whether

    it is wealth, natural resources or acceptance of diversity. Yet, there remains

    within this country an almost unspeakable reality. This is the reality of life for First

    Nations peoples, who in many parts of the country experience chronic illness,

    who live in Third World conditions, and who do not have the opportunities

    available to the majority of mainstream Canadians. Furthermore, all Aboriginal

    groups have suffered loss of land, language and socio-cultural resources.

    Ironically, our society values tolerance, acceptance and multicultural diversity

    14Theresa Spence Pulls Out of Meeting with Harper, CBC News, (9 Jan. 2013).

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    19/27

    Infusino19

    even as Aboriginal peoples are marginalized and their cultures denigrated.

    Physical environments play a primary role in determining the health of

    populations. Among Aboriginal peoples, physical environments are largely

    detrimental to their health. The most extensive outcomes of these structures

    include substantial housing shortages and poor quality state of existing homes.

    Hence, the lack of affordable housing has forced many families to live in over-

    crowded and run-down housing. In 2006, almost 22% of First Nations housing

    was in need of major repair, compared to 7% of the non-Aboriginal population.

    Off reserve, First Nations people were more than twice as likely to live in a house

    that needs major repairs.15Overcrowding in homes can lead to a number of

    health outcomes, including increased risk of transmitting infectious diseases,

    severe lower respiratory tract infections, and higher rates of injuries, mental

    health problems, and family tensions (Reading and Wien, 8-9). Moreover, many

    First Nation communities lack potable water and sewage systems. For example,

    many residents on reserves in Manitoba must use outhouses slop pails or

    cisterns, whose contents are periodically hauled away by sewage trucks. Water

    is retrieved from communal standpipes or delivered to households by truck16.

    According to a national assessment by Indian and Northern Affairs Canada,

    water in First Nations is potentially harmful due to contamination. As of

    November 2011, there were 131 boil water advisories in First Nations across

    Canada17. For a country that is supposed to be rich with fresh water, these are

    15Why Am I Poor? First Nations Child Poverty in Ontario,Health Nexus (2012), 15.16

    Stastna, Kazi, Clean Running Water Still a Luxury on Many Native Reserves, CBC NewsCanada,(2011).17Why Am I Poor? First Nations Child Poverty in Ontario, 15.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    20/27

    Infusino20

    disappointing statistics.

    Colonization, colonialism, systemic racism and discrimination are responsible

    for prohibiting Aboriginal peoples to have access to the resources and conditions

    necessary to maximize their socio-economic status. This disadvantage currently

    manifests itself in high rates of unemployment, scarce economic opportunities,

    low literacy and educational attainment as well as meager community resources.

    Consequently, social exclusion, low social cohesion and increased crime are the

    results of racism and discrimination by Non-Aboriginal Canadians. Furthermore,

    this social exclusion prevents individuals from pursuing education and creates

    anxiety, insecurity, low self-esteem and feelings of hopelessness. These

    psychological stressors have been linked to substance abuse and violence,

    hence explaining the high suicide rates and the over-representation of

    Aboriginals in the criminal justice system (Health Nexus, 12-15). Statistics from

    Correctional Service Canada show that while Aboriginal people represent only

    4.3% of the Canadian population, they account for 18% of those who are

    incarcerated in federal institutions. In the Prairie Provinces, 50% of prisoners are

    Aboriginals.18It is obvious that Aboriginal people are continuously being

    discriminated against by a system and nation that has gained so much at their

    expense.

    Aboriginal people in Canada are less likely to find jobs than Non-Aboriginal

    Canadians. When they do find jobs, their annual earnings are considerably lower

    than they are for other Canadians. According to Statistics Canada, the

    18Examining Aboriginal Corrections in Canada,Public Safety Canada, The Government of

    Canada, (2010).

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    21/27

    Infusino21

    unemployment rate rose sharply in 2009 for Aboriginal Peoples, rising from

    10.4% in 2008 to 13.9%19. Racism and discrimination by employers are causes

    of the high unemployment rate. Incomes were lower for First Nations

    People, as compared to the general population who had an average income of

    $26,000. The median income for Aboriginal people in Ontario age 15 and over

    was under $19,000 in 2006. This was 25% lower than that of the general

    population20. However, low levels of post-secondary or secondary education are

    also contributing factors. An estimated 50% of Aboriginal youth will drop out, or

    be pushed out, of high schools; resulting in diminished literacy and employment,

    as well as increased poverty in future generations.21Inadequate education

    institutions on reserves often include poor literacy and insufficient skills one might

    have to offer the labor market often resulting in low paying jobs. Furthermore,

    insufficient education opportunities for most adults manifest as a lack of capacity

    to promote education among their children causing a vicious cycle of poverty.

    These large socio-economic gaps between Aboriginals and non-Aboriginals

    are the results of social class divisions within society. According to Max Weber,

    social stratification is based on three concepts: class, status and power. Using

    Webers theory of stratification, Natives, just like Canadians, occupy the common

    three-stratum model: upper class, middle class and lower class. In other words,

    Natives occupy different social classes, they can be rich, poor or in between.

    However, they occupy a low status within society due to the historical

    19Aboriginal Peoples, Statistics Canada, Government of Canada, (2011).

    20Why Am I Poor? First Nations Child Poverty in Ontario, 17.

    21Wien, Fred and Reading, 12.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    22/27

    Infusino22

    stigmatization of their ancestors by the colonizers, missionaries, the government,

    employers and even non-Aboriginal Canadians. Class and status play essential

    influential roles within political power. Parties in Canada are the organizations of

    power. Due to the fact that Aboriginals lack prestige, they do not have much of a

    voice within Canadian politics, explaining their struggle for equality. Unlike Karl

    Marx who believed that social class was the cause of social disorder, Weber

    believed that social status was the cause to social conflict. Hence, if we accorded

    higher social status to Native peoples in Canada, they would occupy a balanced

    position within society. Furthermore, this would put an end to their social strife.

    To conclude, racism and social exclusion, stemming from the Eurocentric

    belief in colonial times, have placed Aboriginal people at the bottom of almost

    every index of socio-economic well being, including educational levels,

    employment opportunities, housing conditions and other conditions creating

    devastating repercussions such as health problems, drug abuse and an over-

    representation of Aboriginals in the Criminal Justice system. The Harper

    Governments Canada-China Foreign Investment Promotion and Protection Act

    and Bill C-45 are examples of many other violations of Aboriginal rights

    throughout history. These controversial and deteriorating (for the environment)

    policies created strong adverse reactions from the First Nations communities

    across Canada, hence evoking a political movement Idle No More of which

    Theresa Spences hunger strike made international headlines. She has become

    an icon, bringing attention to native issues and representing the struggle for

    equality for Indigenous people across the world taking into account the myriad of

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    23/27

    Infusino23

    paradigms that were entrenched in order to assimilate them over the years. It is

    obvious that the Federal Government is neglecting the people of Our Home and

    Native Land. Idle No Moresprotests have triggered a universal theme: the

    power and ability that humans posses in order to effect beneficial change to

    obtain world peace and harmony.

    My research is proof that there are universal themes that occur and are shared

    in different countries and social groups. The case of Trayvon Martin, who was

    shot by a racist cop, is very similar to the case of Matthew Dumas, an Aboriginal

    teen from Winnipeg who was killed due to racial profiling back in 2005. Just like

    the case of Aboriginals in Canada, African Americans are marginalized within

    their country and are treated like second or third class citizens due to the color of

    their skin. In both cases, racism stems from colonial beliefs, making White people

    superior to people of color, hence explaining the reasoning behind slavery of

    African-Americans and the cultural genocide of the Indigenous people.

    Whether it is the struggle against racism, sexism, marginalization or powerful

    groups, they are all present in different parts of the world hence, proving that

    there is a problem with social order and the solution still has not been found even

    though many countries are developed and prosperous.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    24/27

    Infusino24

    Works Cited

    A History of Indian and Northern Affairs Canada.Aboriginal Affairs and Northern

    Development Canada. The Government of Canada, 2011. Web. 1 Jul. 2013.

    A History of Residential Schools in Canada. CBC News.N.p. 2008. Web. 1 Jul. 2013.

    Aboriginal Peoples in Canada: First Nations People, Mtis and Inuit. Statistics Canada.

    Government of Canada. July, 2013. Web. 18 Jun. 2013.

    Aboriginal Peoples. Statistics Canada. Government of Canada, 2011. Web. 23 June

    2013.

    Bill C-45 and the Navigable Waters Protection Act.Ecojustice.N.p. Oct. 2012. Web.18 Jun. 2013.

    Boldt, Menno. Surviving as Indians: The Challenge of Self-Government. Toronto: U ofToronto P, 1993. Web. 16 Jun. 2013.

    Boyd, Kevin and Tony Harrison. Understanding Political Ideas and Movements.

    Manchester: U of Manchester P, 2003. Web. 11 Jun. 2013.

    Cannon, Martin and Lina Sunseri.Racism, Colonialism and Indigenity in Canada.

    Ontario: Oxford U P, 2011. Print.

    Chief Theresa Spence can end hunger strike with head high.The Star. 24 Jan. 2013.

    Web. 16 Jun. 2013.

    Chief Theresa Spence to End Hunger Strike Today. CBC News. 23 Jan. 2013. Web. 16

    Jun. 2013.

    Chodos, Robert and Renee Dupuis.Justice for Canadas Aboriginal Peoples. Toronto:

    James Lorimer, 2002. Web. 13 Jun. 2013.

    Economy. Conservative Party of Canada. Web. 13 Jun. 2013.

    Examining Aboriginal Corrections in Canada.Public Safety Canada. The Government

    of Canada, 2010. Web. 21 Jun. 2013.

    "First Nations in Canada."Aboriginal Affairs and Northern Development Canada. The

    Government of Canada, 07 Jun. 2011. Web. 6 Jul. 2013.

    Five Things to Know About the Canada-China investment treaty. CBC News. Web.

    14 Jun. 2013.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    25/27

    Infusino25

    Gosselin, Pierre, et al. The Royal Society of Canada Expert Panel: Environmental and

    Health Impacts of Canadas Oil Sands Industry. Ottawa: The Royal Society of

    Canada, 2010. Web. 16 Jun. 2013.

    Hasselriis, Kaj. Meet Idle No Mores Pam Palmater.Herizons. 26.4 (2013): 16-24.

    Print.

    Hong, Beth. Chinese companies can sue BC for changing course on Northern Gateway,

    says policy expert. Vancouver Observer. Oct. 2012. Web. 14 June. 2013.

    Hulbert, Margot.Pursuing Justice: An Introduction to Justice Studies. Winnipeg:

    Fernwood Publishing, 2011. Print.

    Ideology.Britannica Encyclopedia Online. Web. 11 Jun. 2013.

    Laissez-faire.Merriam Webster Online Dictionnary. Web. 11 Jun. 2013.

    Looking Forward, Looking Back.Royal Commission on Aboriginal Peoples. Vol. 1.

    Ottawa: Canada Communications Group, 1996. Web. 6 Jul. 2013.

    Malcomson, Patrick and Richard Myers. The Canadian Regime: An Introduction to

    Parliamentary Government in Canada. 5th

    ed. Toronto: U of Toronto P, 2012.

    Print.

    McGregor, Janyce. 22 changes in the budget bill fine print. CBC News.N.p. Oct. 2012.

    Web. 17 Jun. 2013.

    Mech, Michelle.A Comprehensive Guide to the Alberta Oil Sands.N.p. 2011. Web. 17Jun. 2013.

    Radia, Andy. AFN runner-up Pam Palmater accuses the Prime Minister of trying to

    break up communities. Yahoo News.N.p. Dec. 2012. Web. 19 Jun. 2013.

    Saggers, Sherry and Dennis Gray.Alcohol: indigenous usage in Australia, New Zealand

    and Canada. Cambridge/New York: Cambridge U P. Print.

    Seed, Patricia.American Pentimento: The Invention of Indians and the Pursuit of Riches,

    Volume 7. Minneapolis: U of Minnesota P, 2011. Web. 17 Jun. 2013.

    Stand up to the sellout to China. Green Party of Canada. Web. 19 Jun. 2013

    Theresa Spence Pulls Out of Meeting with Harper. CBC News. 9 Jan. 2013. Web. 17

    Jun. 2013.

    The Shock Doctrine.Naomi Klein. N.p., 2009. Web. 6 Jul, 2013.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    26/27

    Infusino26

    Stastna, Kazi. Clean Running Water Still a Luxury on Many Native Reserves. CBC

    News Canada, 2011. Web. 20 Jun. 2013.

    Warry, Wayne.Ending Denial: Understanding Aboriginal Issues. Toronto: U of TorontoP, 2008. Web. 16 Jun. 2013.

    Why Am I Poor? First Nations Child Poverty in Ontario.Health Nexus. 2012. Web. 17Jun. 2013.

    Wien, Fred and Charlotte Loppie Reading.Health Inequalities and Social Determinantsof Aboriginal Peoples Health. Prince George, BC: National Collaborating Centre

    for Aboriginal Health, 2009. Web. 16 Jun. 2013.

  • 8/12/2019 Theresa Spence of Idle No more fights for her Home and NATIVE Land: The violation of Aboriginal Rights by Bill C-45 and the rise of Idle No More in Canada

    27/27

    Infusino27