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. Demographics:I. 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. Demographics:II. 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 Development:I. 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 Development:II. 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 Development:III. 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 pos’n) • Erosion of some factors creating distrust • Tribal Councils: Extending trust beyond the boundaries of family and nation

12. Politics and Policy:I. Policy and Legislation • Constitutional Recognition of Aboriginal Rights, 1982vs 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 educ’n; 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 Policy:II. Supreme Court Decisions • Marshall, 1999 • Delgamuuk’w, 1997 • Sioui, 1990 • Guerin (Musqueam), 1984 and • Calder (Nisga’a) 1973 - # -

15. Public Opinion • Now more supportive than in mid-1980s e.g. - majority support for Nisga’a 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

16. 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. govt’s 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 Violencee.g., Native Women’s Assoc’n re: accountability of chiefs and councils under self-government

17. 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 -> • International (e.g., U.N. & European Parl’t.)

18. 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.