The Ripple Effect Newsletter
September 2009
An old aboriginal proverb says “All honourable men belong to the same tribe”. Another very wise man says “ Our state of mind creates our world”.
Ripple Effects Ltd. is celebrating 25 years of business and have many thousands of people to thank for our success. We have met many thousands of people and worked with hundreds of companies and dozens of government departments all across Canada. I am often asked if I feel our work has made a difference and upon reflection the answer is yes, there have been significant positive outcomes and progress because of the training and learning that has gone on for so many years.
Dispelling myths, correcting misinformation and bringing clarity to a very confusing complex subject is what I enjoy most and I am grateful for the opportunity.
These stories you read about in the “Ripple Effect” clearly show that a significant new attitude is beginning to prevail.
For the past 25 years I have been an outspoken critic of our governments in-actions and negative attitudes towards the aboriginal people of Canada. For the past year I have observed many positive programs and announcements from governments in an effort to address the many pressing challenges aboriginal people face in their daily lives.
I believe that a critical mass of informed, caring and concerned Canadians has had a tremendous influence and impact on this change and I thank each and every one of you. Corporations such as De beers Canada, Schlumberger, ATCO Group of Companies, Ledcor Group of Companies, Canada Safeway, AMEC, NAIT, Shell Canada, Syncrude, RBC Financial Group have been setting the example for many years. My special thanks and appreciation to them for all their efforts to be part of the solution.
New clients this year include Agrium, Bantrel Constructors, Enmax, Department of National Defense, Xstrata Mining, Calgary Women’s Shelter, Nuna Group of Companies and CGG Veritas.There are hundreds more that I just can’t list with many more paricipating every year.
As we speak, a growing number of very experienced and dedicated corporate executives as well as Aboriginal leaders and Elders are previewing and critiquing our OnLine Aboriginal Awareness Training Program before our official launch and we thank them for there time and effort to ensure we provide the very best training information available.
Please let us know how you like the newsletter.
Most Sincerely,
Robert Laboucane
Story 1
Rejection of legislation leads to strained relations
Relations between First Nations and the province nose-dived yesterday when B.C. chiefs emerged from an unusual four-day meeting in North Vancouver in a militant mood.
"This is the demise of the 'New Relationship' and the death of the Recognition and Reconciliation legislation," said Grand Chief Stewart Phillip, Union of B.C. Indian Chiefs president, who added First Nations leaders want immediate action on thorny issues such as recognition of aboriginal rights and title.
A task group has been appointed to come up with a plan of action and leaders are looking at the Olympics as a chance to make their point when the eyes of the world are on B.C. A complaint to the United Nations is also in the works. Some leaders refused to rule out confrontation.
Chiefs are angry that, despite lip service from the province and court rulings in favour of First Nations, bands are still being forced into court to prove aboriginal title, and mining, power and other permits continue to be issued on traditional territory, said Grand Chief Ed John of the First Nations Summit.
"It has become very clear that there is huge mistrust of government," he said.
The New Relationship, announced by Premier Gordon Campbell in 2005, promised government-to-government relations between the province and First Nations and accommodation of aboriginal rights and title in B.C. It was supposed to be cemented by the Recognition and Reconciliation Act, which included revenue sharing, shared decision-making on land and resources and reconstituting B.C.'s 203 bands into about 30 "sovereign indigenous nations."
The all-chiefs meeting was called to debate the proposed legislation, which had initially been supported by First Nations leaders, but was then roundly attacked at aboriginal community meetings.
Aboriginal Relations Minister George Abbott said Thursday he expects to be talking to First Nations leaders next week about where to go from here.
Abbott said he was not surprised at rejection of the legislation after the rough ride the discussion paper was given in communities, but would be surprised if leaders wanted to scrap the New Relationship.
The province has been working to narrow socio-economic gaps and the New Relationship has $100 million attached to it, Abbott said.
Story 2
Corralling Alternative Justice
Newly appointed Alberta Provincial Court Judge Eugene Creighton has rodeo coursing through his veins. A member of the Blood Tribe and Kainai First Nation, the calf-roping veteran still keeps horses at his ranch near High River, Alta. But today it is a justice system of fines and incarceration he hopes to corral, in favour of one seeking alternative measures to improve the chances of success for aboriginals.
Alberta Provincial Court Judge Eugene Creighton
While rodeo is still in his blood, at 60, Creighton finds it hard to compete with the younger breed of cowboys, preferring to calf rope at the less formal “jackpot” rodeos. “I mostly go to jackpots because rodeos are a little too quick for me, I’m getting up there in the years,” he says.
One place where the younger set won’t want to tangle with the judge is in the courtroom. He has seen it all. A product of the residential school system, a former prison guard, and probation officer, there is no doubt the judge has heard all the excuses. But it doesn’t stop him from looking for new ways to straighten out the defendants who’ve gone off course that he’ll be seeing before him.
A staunch believer in alternative justice, when dealing with aboriginal defendants Creighton will advocate for a peacemaker approach with his colleagues on the bench. “Hopefully I can really start enhancing the issues of alternative sentencing and peacemaking. And really, maybe, shed some light with my brothers and sisters on the bench that there are, probably are, better alternatives for First Nations dealing with their issues . . . it’ll take time.”
Creighton is more than ready to face the challenge. Alternative justice has been a constant theme in his life going back to when he first began working as a probation officer in Southern Alberta when he was 23 years old. Alberta Justice had just begun a program where offenders could choose to work off their fines by doing community service. The Blood Tribe had no such program, so the young probation officer took it to his band’s leadership. “I remember distinctly going into council and asking them to have some of their entities or departments co-operate, work with us, and try and set up this fine alternative program,” he says. “That worked pretty good and I had full support from the tribe and the agencies.”
It was during his time as a probation officer that Creighton started seriously considering a legal career. He had met several judges, lawyers, and prosecutors who gave him career advice. So at 32, Creighton set a goal for himself, which to some would seem as lofty as the Rocky Mountains. He finished his undergraduate degree taking some of his courses at the University of Lethbridge, a school that overlooks the Oldman River and the Kainai First Nation not far from the correctional facility where he worked as a guard.
He applied to and was accepted at five western-Canadian law schools, choosing the University of Alberta in Edmonton. He articled in Hobbema and Wetaskiwin in central Alberta. Then he was called home to the windswept grasslands in the south. The Kainai nation is the largest in terms of land mass in Canada. More than twice the size of Calgary or Toronto, it touches Big Sky Country to the south, the Oldman River to the east, and the Rocky Mountains to the west. At the time, the nation was greatly subject to non-aboriginal institutions.
Creighton spent eight years as in-house counsel to the Blood Tribe. He focused on creating systems in which the people of the nation provide services to each other and run successful businesses. Creighton embraced “the whole idea that First Nations in Canada be allowed to take over their educational programs.” He created societies, arm’s-length entities, and corporations controlled by boards, allowing the First Nations’ council to deal with the important issues of treaty negotiations. “I designed the Blood Tribe education system,” he says. “I created a legal entity, created a school board, and applied to the minister to transfer jurisdiction to the school board.”
The education system took shape and today the nation of more than 10,000 has a high school, a middle school, and two elementary schools. This has allowed for members of the tribe to take over the running of the school; two of the superintendents have been members of the Blood Tribe. “There’s 110 teachers and probably 60 per cent are native. Of those 60 per cent, 70 or 80 per cent are Blood members,” says Creighton.
Health care and other business entities followed with Creighton taking roles in advising how to set up boards to be self-governing and avoid the chance or perception of influence from council. In 1989, Creighton returned to his criminal justice roots helping to set up a correctional facility on the reserve to deal with non-violent offences, including impaired driving and shoplifting.
In 1994, Creighton decided he was going to hit the dusty trail and put out his shingle. It was then the Calgary law firm Walsh Wilkins LLP came calling. While not the largest firm in the city, Walsh Wilkins had experience working with First Nations and asked Creighton to join its newly formed aboriginal law group. The office had three native lawyers along with other staff and it grew from there. Creighton’s work focused on governance, corporate-commercial law, oil and gas, and First Nations taxation. In 1999, he became a partner and a couple years later, Walsh Wilkins added Creighton’s name to its marquee.
He left the firm in April after being named the third aboriginal judge in the history of the Alberta court. He is the only judge to hail from the Kainai Nation. Creighton will sit in the Calgary region including circuit courts in the Siksika Nation, T’suu Tina Nation, and Cochrane and Canmore bordering the Stoney Nakoda First Nation.
From his perch as a provincial court judge he’ll be able to witness the inequity in the number of aboriginal defendants appearing before him. According to a recent Correctional Service of Canada report, aboriginal inmates make up for more than 60 per cent of federal prisoners in the prairie provinces. The report also says the percentage for provincial inmates is even more skewed.
Successive reports have called for alternatives to the traditional fine and incarceration model of justice for aboriginal offenders; culturally based form of rehabilitation and peacemaking. The reforms have been slow to come. That may be why Creighton embraces the challenges of presiding on the bench, hoping to make the law and justice, “more effective and make more sense.”
Story 3
Mining Sector and First Nations Links Continue to Grow
The recent signing of an impact and benefit agreement between Ontario Mining Association member Northgate Minerals Corporation and the Matachewan First Nation builds upon and strengthens links between the mining sector and Aboriginal communities. A ceremony to celebrate this signing was held on the Matachewan First Nation Reserve involving Northgate Mineral representatives, the Chief and Council and members of the Matachewan First Nation, members of the Wabun Tribal Council and Elders.
Northgate Minerals obtained the Young-Davidson gold property, which is located 60 kilometres west of Kirkland Lake, in 2005. A pre-feasibility study has been completed indicating the site contains 2.8 million ounces of gold. Northgate is planning on developing an open pit and underground mine on the property, which would operate for at least 15 years with annual production of 170,000 ounces of gold. The target date for full production is 2012.
"Since we acquired the Young-Davidson property in late 2005, we have worked very closely with the Matachewan First Nation and are extremely pleased with the strong mutually beneficial relationship we have developed," said Ken Stowe, President and Chief Executive Officer of Northgate Minerals. "The impact benefit agreement (IBA) that we recently signed formalizes this relationship with the Matachewan First Nation and establishes a framework for sharing business, employment and training opportunities during the development and operation of the Young-Davidson mine."
"This IBA is a historical event for our people that will ensure our members will have jobs, training and it opens doors for First Nation entrepreneurs," said Chief Richard Wincikaby of the Matachewan First Nation. "It is also a giant leap in First Nation´s collaboration with the mining sector. Our First Nation people finally have a true opportunity for employment and economic development."
Mining is the largest private sector employer of Aboriginals in Canada and this number is growing. It is estimated Aboriginals accounted for 5.3% of the mining workforce in 2001, which is twice the national average and an increase from Aboriginals representing 3.6% of the mining workforce in 1996. Many mines in Ontario are above the national average. For example, the Victor diamond mine of De Beers Canada, which is near Attawapiskat, has a close relationship with First Nation communities in the vicinity. Approximately, 140 people, or 40%, of the Victor workforce are Aboriginal.
The OMA has worked to help First Nations better understand the mineral industry. With financial assistance for Ontario, through the Northern Ontario Heritage Fund, and from Ottawa, through FedNor, the OMA produced Mining New Opportunities. This 14-minute video, which is available in Cree, Oji-Cree, Ojibway, French and English, features Aboriginal people involved in and with the mining industry telling their own stories.
Northgate Minerals is a gold and copper producer with mining operations, development projects and exploration properties in Canada and Australia. This IBA builds on relationships being successfully developed between mining companies and First Nations. Earlier this year, the Assembly of First Nations signed a Memorandum of Understanding with the Mining Association of Canada. More than 120 mining-First Nation agreements have been signed in Canada including 30-plus in Ontario.
Story 4
First Nation Caps Clean Energy Success
SOOKE – T’Sou-ke Nation is winding up a successful Innovative Clean Energy Fund project by hosting about 50 First Nations from across B.C. for two days of information-sharing and celebration, Iain Black, Small Business, Technology and Economic Development Minister, said today.
“With support from the provincial government, T’Sou-ke Nation has put together the largest grid-connected photovoltaic solar energy system operating in British Columbia today,” Black said. “True to their cultural tradition of sharing knowledge, T’Sou-ke Nation is adding value to this ICE Fund investment by inviting other Aboriginal communities in British Columbia to benefit from this experience.”
Almost exactly one year ago, T’Sou-ke Nation received $400,000 from the ICE Fund to build a 75-kilowatt solar photovoltaic installation, with a total project value of $1.25 million, on its traditional territory. The project is now complete, with operating solar power units on the band office, fisheries building and canoe shed. Day4 Energy of Burnaby, one of Canada’s leading solar technology companies, supplied the solar panels.
“First Nations have lived on this continent for thousands of years without using fossil fuels,” said T’Sou-ke Nation Chief Gordon Planes. “Thanks to the enthusiasm and support of the whole community, we have used our ICE Fund project to demonstrate that First Nations can lead the way towards a renewable energy future.”
“This kind of open communication and knowledge-sharing supports the principles of the New Relationship,” said Aboriginal Relations and Reconciliation Minister George Abbott. “By becoming a solar community, T’Sou-ke Nation has a new vision for their future and a new role as clean energy leaders.”
As well as the photovoltaic installation supported by the ICE Fund, T’Sou-ke Nation has fitted solar panels on 25 homes on the reserve and trained nine band members as solar panel installers. Over the last year, T’Sou-ke Nation has reduced energy consumption by 30 per cent.
T’Sou-ke Solar Gathering – A Solar Forum and Celebration, being held today and Saturday, is featuring speakers, workshops, renewable energy products and tours of solar installations in the community. Representatives of non-First Nation municipalities and off-grid communities are also attending the gathering.
The provincial government established the ICE Fund to foster solutions to B.C.’s energy challenges and help make the province’s clean energy technologies market-ready. Since 2008, the ICE Fund has approved investments of about $47 million in 34 projects in communities across B.C., representing a total value of over $174 million. These projects will help develop clean, renewable energy for British Columbians through various technological applications, including solar, wind, tidal, geothermal, ocean wave and bioenergy.
Contact:
Carolyn Heiman
Communications Manager
Ministry of Small Business, Technology and Economic Development
250 952-0152
April Ingham
T’Sou-ke Nation Media Contact
250 893-1290 (cell)
Story 5
Property Rights: the Nisga'a Pave the Way
Frontier Centre for Public Policy
A historic conversation is occurring on a section of “Indian country” in northwestern British Columbia. First nations people of the Nisga'a territory are evaluating legislation that may soon allow individual Nisga'a to own private land they can transfer to whomever they wish, Nisga'a or non-Nisga'a.
The a decade ago, they passed a modern treaty that exempted them from the Indian Act and placed ownership of Nisga'a land with Nisga'a Village governments.
Now, this same government proposes to allow individuals to claim residential plots of their own land. Granted, it is a small step, as Nisga'a Landholding Transition Act provides individual Nisga'a landowners with rights to hold land in fully transferable “fee simple.” Residential properties will be registered and protected in the Nisga'a Land Title Office. What is remarkable is this proposal calls for real property rights, meaning land that can be transferred to whomever one chooses. After all, if the owner cannot transfer the land to anyone, the right is not meaningful.
The Nisga'a government recently held information meetings to gather feedback on these proposals and because, usually, most on-reserve first nations do not own their own land. Under the federal Indian Act, title to reserve lands is held solely by the Crown, but the communities are governed by Indian band councils.
On reserves, title is provided to individuals through certificates of possession distributed through the band council. But these certificates are only transferable to other band members and exist at the whim of political leaders.
This would be different as Nisga'a are not under the Indian Act. Almost the individual plots can be no more than 0.2 hectares (about half an acre). But this will allow for wealth creation and economic development on Nisga'a territory.
Wealth creation and poverty reduction are intimately connected to the institution of private property. Peruvian economist Hernano de Soto, who has a finalist for the Nobel Prize, in his landmark The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, explained how poor people in developing countries were literally sitting on their ticket out of poverty. They possessed real estate, chattel and businesses. But governments did not provide them with formal ownership rights over these assets. Without formal ownership, poor people could not place their own land as collateral for business loans.
To grant individual property rights to Nisga'a residents will allow Nisga'a to leverage this land to secure credit and start businesses. Fee simple ownership will allow a Nisga'a landowner to leverage their own land for a mortgage or another loan from a bank or other financial institution. They will also be able to lease the land to anyone and build equity in their homes.
These are rights Canadians take for granted, so the landmark nature of this debate escapes much of society. What is historic is the possibility that indigenous peoples could overcome the traditional naysayers within their own communities; private property and even commercial activity are still taboo in parts of first nations societies.
The dragon to be slain is the notion that engaging in commercial activity will somehow make someone less indigenous. This idea is silly. It presumes indigenous people have never engaged in commercial activity when most of their history is based on sophisticated trade networks.
Besides, it is erroneous to assume that business robs one of indigenous identity. Other minority groups in Canada, such as Jewish and Japanese communities, retain vibrant cultures and are fully integrated into the market economy. As indigenous writer Calvin Helin said, “there is no culture to be had in poverty.”
Another dragon to be fought is the idea that private property or individual accumulation is not for aboriginal Canadians.
“It is good for others, but not for us,” contend some leaders. For instance, scholars such as Gerald Taiaiake Alfred rail against development on indigenous lands and argue that capitalism is “colonialist” while they offer no feasible or realistic alternatives to first nations poverty. This idea presumes indigenous culture cannot change or that identity must be connected to communal ownership. But it ignores the successes of off-reserve Indians or New Zealand's Maori, who have no reserves and still maintain strong cultural identity.
The debate in the Nisga'a territory is one that ought to occur on first nations territories everywhere. It occurs on Nisga'a land because they have signed a treaty that grants property to their indigenous governments, not the Crown. Thus, they can grant that land to individuals as they choose.
Indigenous Canadians need a way to bring Indian Act bands and other indigenous communities into a system where land can be easily transferred to individual first nations. The First Nation Land Management Act, enacted in 1999, allows first nations to develop land codes over their own land but has limits on land transfer and is onerous to adopt.
The federal government must develop a more robust means to transfer land to first nations. Then a real revolution for all indigenous people can occur.
(This article first appeared in the Globe and Mail, on July 8, 2009).
