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Bill for reconciliation debated in Ottawa
Legislation would form a council to hold the feds accountable for improving the lives of Indigenous peoples
By Eric Plummer Ha-Shilth-Sa Editor
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Ottawa, ON - Over the coming months the Senate is tasked with fi nalising legislation that pledges to hold the federal government accountable in improving Canada’s relationship with its Indigenous peoples. But the day after Bill C-29 was unanimously passed by the House of Commons, the Inuit Tapiriit Kanatami withdrew support for the legislation, while another national organization advocating for off -reserve Indigenous people stands against the act. The National Council for Reconciliation Act was passed by the House of Commons on Dec. 1, and is now in the hands of Canada’s Senate at second reading. First introduced to Parliament by Marc Miller, minister of Crown-Indigenous Relations, on June 22, Bill C-29 is designed to form a group that would hold Ottawa accountable in its eff orts to improve the state of Canada’s Indigenous Peoples. The bill specifi cally follows Calls to Action 53-56, which were released by the Truth and Reconciliation of Canada in 2015. In its current state, Bill C-29 specifi es a council of nine to 13 members that would function “as an independent, nonpolitical, permanent and Indigenous led organization” to advance reconciliation eff orts in Canada. The council - or board of directors - would monitor progress “in all sectors of Canadian society”, “advancing a rights-based approach to self-determination” through research, according to the Dec. 1 draft of the bill. The group would be tasked with delivering reports to the minister of CrownIndigenous Relations. Its work covers a range of issues that include the number of Aboriginal children in foster care, educational funding, improving health indicators for Indigenous people and addressing overrepresentation in the justice system, while decreasing the criminal victimization of Aboriginal people. Serving a maximum of two, four-year terms, at least two thirds of the council members must be Indigenous. Directors are to be appointed to the council from four organizations: The Assembly of First Nations, the Métis National Council, the Native Women’s Association of Canada and the Inuit Tapiriit Kanatami, which advocates for the rights of Inuit people across Nunavut and the rest of Canada. The rest of the council would be determined by applications to the representatives from these four organizations. “The other directors are to be elected following an application process established by the board of directors,” states the bill. But before the council has even been formed, dynamics around its composition have raised serious issues for the future of C-29. On Dec. 2, the day after the House of Commons passed the bill, Inuit Tapiriit Kanatami President Natan Obed stood in front of the chamber announcing that the organization had withdrawn support of the legislation. Obed noted concerns that the council could undermine the Inuit’s direct relationship with the federal government, while the bill does little to make Ottawa accountable to reconciliation. Behind Obed stood Crown-Indigenous Relations Minister Marc Miller, who said amendments to the bill could still be made as it is debated in the Senate. On Vancouver Island, Nuu-chah-nulth Tribal Council President Judith Sayers also questions the eff ectiveness of the reconciliation council. “All they’re doing really is they’re fi nding reports and press release statements, but it’s nothing that I think is tangible enough to make sure that the federal government is following through on reconciliation,” she said. “That’s one of the shortcomings of the legislation.” The omission of the Congress of Aboriginal Peoples has also raised discussion as the bill was debated in Ottawa. Marking 50 years of operation, this organization advocates for Canada’s Indigenous People who live off -reserve. “With the vast majority of Indigenous Peoples living in urban and rural areas this extraordinary move by the Liberals is a slap in the face to thousands of survivors who live off -reserve,” said CAP National Chief Elmer St. Pierre in a press release, referencing former residential school students. “How will they choose these people? It’s really diffi cult,” commented Sayers about the reconciliation council. “That will be one of the challenges, who gets to be on the council.” Senator Michèle Audette, whose mother attended residential school, expressed confi dence in how the council will be selected when the bill was debated in Ottawa on Dec. 6. Representation gives preference to Indigenous elders and survivors of residential schools or their descendants. “I want to believe that the people who are appointed to sit on this new board of directors will have the expertise and knowledge to serve everyone across Canada,” she said. “I feel confi dent of that at this point in time.” If the bill passes, the intent of the legislation is to make the reconciliation council a non-profi t organization that can function independently of federal funding. As Bill C-29 has passed through Parliament, the fi nancial sustainability of the board of directors operating year after year was questioned multiple times. During a debate on Dec. 6 Senator Ratna Omidvar asked why the council wouldn’t be fi nancially supported by the federal government. “Many people in Canada now, especially people from the Indigenous community, have concluded that charitable giving in Canada is a colonial construct,” she said. “By going down this path of seeking charitable funding, the council could, in eff ect, be buying into a colonial path.” “By discussing not with the government, but with the people who were involved, right now it’s at the stage where they want to make sure that they are not offi cially attached to the federal government in order to keep their independence, knowing that the funding will either be there or it may slowly go down, or it may increase,” responded Audette. “They were aware of that when they had those discussions.”
Photo from YouTube video still The National Council for Reconciliation Act was fi rst introduced to Parliament by Marc Miller, minister of Crown-Indigenous Relations on June 22. Pictured is Miller speaking in the House of Commons.
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Wilderness organizations applaud the pledge from last month, but await the details on how it will be fi nanced
By Karly Blats Ha-Shilth-Sa Contributor
Canadian wilderness organizations are commending the B.C. government for committing to protecting 30 per cent of lands in the province by 2030, including through the creation of new Indigenous Protected and Conserved Areas (IPCAs). The government’s commitment would double what is currently protected in legislated areas in B.C. British Columbia is the second province in the country to make this commitment. Nathan Cullen, minister of Water, Land, and Resource Stewardship, has been directed in his new mandate letter from Premier David Eby to “develop a new conservation fi nancing mechanism to support protection of biodiverse areas.” No announcements around funding commitments have yet been made. “The commitment to double legislated protected areas in B.C. has the potential to be a major step towards protecting endangered old-growth forests, ecosystems, and species across British Columbia,” said Ancient Forest Alliance campaigner and photographer, TJ Watt, in a press release. “The new premier should be commended for this. To ensure these promises can be made a reality, it’s imperative that major conservation funding is secured through the much-anticipated BC-Canada Nature Agreement. We have the framework, now we just need the funding to implement it.” According to the release, this is also the fi rst time the provincial government has publicly acknowledged the need for conservation fi nancing linked to protecting the most biologically diverse areas and the creation of new IPCAs. In British Columbia, under successive court rulings, First Nations ultimately decide which areas within their unceded territories get protected or not, states the release. The provincial government can provide enabling conditions for First Nations to protect old-growth forests by funding land use planning capacity, stewardship jobs, and sustainable economic development linked to new protected areas. The province’s plan to choose the most biodiverse areas for protection - should First Nations agree – is seen as a vital step towards securing productive oldgrowth forests, where the greatest species richness tends to be. “For years we have been pushing for the province to commit to conservation fi nancing that links protecting endangered old-growth forests through Indigenous Protected Areas with First Nations’ sustainable economic development,” Watt said in the release. “Creating conservation economies that allow new, sustainable jobs and businesses to fl ourish while preserving imperiled ecosystems is a winwin for humans and nature.” According to the release, the federal government has so far committed $3.3 billion over fi ve years to expand terrestrial ($2.3 billion) and marine ($1 billion) protected areas, along with several billion dollars more for “natural climate solutions” that often overlap with nature protection initiatives. B.C.’s share of those federal funds is estimated to be between $200 to $400 million, which also includes a dedicated $55.1 million Old Growth Nature Fund for the protection of the most at-risk oldgrowth stands - but only if the province matches this funding. Ecojustice legislative aff airs specialist Sarah Korpan applauds the announcement, but says what is missing is a clear plan for how the province will actually achieve its targets. Korpan noted in a separate release that the plan must be codeveloped and led by Indigenous Peoples who have stewarded the land and waters in B.C. since time immemorial. “As with B.C.’s commitment to implementing all recommendations of the Old Growth Strategic Review, 30 by 30 must be co-developed and led by Indigenous peoples, and the province must provide funding for Indigenous communities to pursue meaningful protection,” Korpan said in a statement. “A biodiversity and ecosystem health law, co-developed with First Nations, should focus on restoring healthy relationships between humans and the natural world, and should be grounded in recognition and respect for the inherent jurisdiction of Indigenous peoples to care for their territories. Such a law could provide clear direction for ensuring B.C. is able to achieve 30 per cent protection of lands by 2030.” The Canadian Parks and Wilderness Society - British Columbia (CPAWS-BC) is another organization applauding the government’s conservation commitment. “With this direction, B.C. is investing in our future, and protecting the natural world that provides our food, clean water, clean air and stable climate,” said Tori Ball, Terrestrial Conservation manager with CPAWS-BC in a separate news release. “Protected areas help to mitigate the worst eff ects of climate change, while contributing to diversifi ed local economies and advancing BC’s reconciliation goals. This is extremely good news for all British Columbians.” According to the release, Indigenous nations in the province are already leading the way through conservation visions, declarations and stewardship initiatives in their traditional territories. Ball says she is hopeful the mandate letter will specifi cally lead to increased action on Indigenous-led conservation proposals such as the Kaska Dena’s Dene K’éh Kusān and the Lower Similkameen’s sməlqmíx Protected Areas. “Research shows that biodiversity thrives on Indigenous-managed lands and waters, and these are just two of the incredible proposals that would safeguard intact watersheds and create refuges for wildlife like caribou and many other species,” Ball says. “Their work allows threatened species to make a comeback, bolsters Indigenous rights to land and culture, and helps the province adapt to a rapidly changing climate, so it must be supported.”

Photo by Alexandra Mehl Cheewaht Lake is protected within the Pacifi c Rim National Park Reserve, but other parts of Ditidaht territory outside the park boundary do not have the same conservation standard.
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