Multiple Points of Light

1
Multiple Points of Light

• Grounds for Optimism
• in the Situation of First Nations in Canada

2
Purposes

• Not public relations for DIAND. Rather
• To offer encouragement to - students -
  practitioners (incl. public servants) - educators
  - the public
• So as to counter despair, pessimism, fatalistic
  resignation, compassion fatigue, and the
  self-fulfilling prophecies that arise from them.

3
Focus

• Positive developments in the over one third of a
  century since the 1969 White Paper
• On- and off- reserve First Nation population
• Not exhaustive
• No attempt to provide balance or an overall
  assessment of the net effect or probable net
  outcome of the interplay between positive
  developments and countervailing forces

4
Criteria for Selection of Points - - Relevance to

• Organizational Structures
• Capacity Of Opportunity
• Self
• Resistance Determination

5
DemographicsI. Births and Deaths

• Infant mortality rate has plummeted
• Life expectancy gap has narrowed
• Demographic transition is largely complete low
  birth rates increased access to opportunity for
  women
• Rectangularization of population
  pyramid declining youth dependency ratio
  permits increased standard of living
• Size some economic political clout

6
DemographicsII. Migration and Population
Growth

• Inaccuracy of Stereotype of Transience - only
  the off-reserve pop. is in a state of flux -
  only 2 of R.I. pop. reported more than 1 change
  of residence in 12 months prior to 1991
  A.P.S.
• Stemming of Pop. Loss Net inflow to the reserves
• contributes to critical mass needed for
  increasing institutional completeness, economies
  of scale, and on-reserve entrepreneurial activity
• contributes to cultural preservation (Incubator
  Effect)

7
Human Capital DevelopmentI. Education

• Drop-out / push-out rate dramatic decline
• Post-secondary Participation Rate - pronounced
  increase (25,800 enrolled in 2001-02)
• Educational Attainment - Degree holders
  (2001) 8 of pop. aged 25-64 (increases
  about 1200-1400 persons per year)
• - Post-Baccalaureate Degrees about 190 per
  yr - Greater dispersion among disciplines -
  Penetration of professions - Emergence of a
  new middle class

8
Human Capital DevelopmentII. Healing

• Healing Funds 350 million
• Federal Statement of Regret
• Empowering Examples publicized by RCAP
• Breaking the Silence re Abuse - residential
  schools - family violence
• Increase in Self-Esteem, Personal Pride,
  and Cultural Pride
• Residential Schools Acknowledgement,
  Validation, Vindication Moving on

9
Human Capital DevelopmentIII. Cultural
Revitalization

• Language preservation and language training
• Repatriation of artifacts from museums
• Reclaiming of traditional songs, dances, stories,
  and drumming
• Spiritual development and re-discovery
• Flourishing of First Nation authors and
  artists - -

10
Economic andEmployment Development

• Kamloops Amendment (1988)
• Creation of First Nation banking institutions
• Economic Development provisions of land claim
  settlements
• Burgeoning professions and entrepreneurship
• Cultural tourism and eco-tourism Employment
  Equity Act Locational advantages

11
Responsibility and Trust

• Exhortations from leaders to buy into an
  ethic of personal responsibility - e.g.,
  Monture-Angus, Crowfoot, Alfred
• Grassroots challenges to nepotism and fiscal
  mismanagement
• Reassertion of agency by FN women (taking on
  added responsibilities, incl. chief posn)
• Erosion of some factors creating distrust
• Tribal Councils Extending trust beyond the
  boundaries of family and nation

12
Politics and PolicyI. Policy and Legislation

• Constitutional Recognition of Aboriginal Rights,
  1982 vs termination policy of 1969 white paper
• Comprehensive Land Claims Policy Settlements
• Institutional Accommodation e.g., Employment
  Equity Act, Aboriginal fishery on Fraser
  River, sentencing circles
• Devolution of Administrative Powers e.g.,
  Indian control of Indian educn child welfare
• Statement of Reconciliation, 1998
• Kelowna Accord (and political will behind it)

13
Principles in Supreme Court Decisions

• Treaties cannot be unilaterally extinguished.
• The honour of the Crown is at stake.
• Treaties must be liberally construed and
  ambiguities resolved in favour of the Indians.
• The fiduciary relationship is still in effect.
• Unextinguished title carries aboriginal rights.
• Even eighteenth century treaties are still
  valid. - -

14
Politics and PolicyII. Supreme Court Decisions

• Marshall, 1999
• Delgamuukw, 1997
• Sioui, 1990
• Guerin (Musqueam), 1984 and
• Calder (Nisgaa) 1973 - -

15
Public Opinion

• Now more supportive than in mid-1980s e.g. -
  majority support for Nisgaa Treaty (even in
  B.C.), apology, healing fund, special
  cultural protection, compensation in
  comprehensive claims - improving views on the
  capability of aboriginal leaders and
  governments
• Only about 10-15 of Cdns are hard-core
  opponents of aboriginal people.
• Sensitivity to aboriginal peoples special
  relationship with the land

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Resistance

• Numerous Examples e.g., Anicinabe Park,
  blockades, Lubicons, Elijah Harper, Oka, Old
  Man River Dam, hunger strike, James Bay Crees,
  Burnt Church, Jay Treaty, www
• Effects - constrained fed. govts use
  of power (e.g., smuggling) - created political
  will for change among non-Native politicians
  (concern re radicalization of youth)
• Resistance to Local Corruption (Actual or
  Perceived)
• Resistance to Paternalism Family Violence
  e.g., Native Womens Assocn re accountability
  of chiefs and councils under
  self-government

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Legitimacy and Recognition

• Charlottetown Accord
• R.C.A.P Discourse Moves Goal Posts - third
  order of government - inherent right to
  self-govt in Sec. 35 (including own criminal
  code) - nation-to-nation relationship -
  expanded land base - recognition of
  traditional knowledge
• Supreme Court Rulings -gt
• International (e.g., U.N. European Parlt.)

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Conclusions

• Transformation of Sociological Landscape i.e.,
  gradual opening expansion of structures of
  opportunity increased self-government
  increased organizational capacity and
  recurrent resistance
• Pattern Initial government resistance to
  FNs claims gives way to token recognition, which
  is followed by enhanced legitimacy through
  judicial parliamentary/political recognition,
  after which come more meaningful concessions
  which open the door to substantial reforms by the
  most assertive FNs.