Understanding our history, culture, and moving away from the Indian Act

1. Jaime Battiste Presentation on Atlantic First Nations Culture Understanding our history, culture, and moving away from the Indian Act

2. Introduction “It is only by taking the journey back that one can really get a balanced understanding of what is happening now and where things are going.” Mi’kmaq Grand Council I will attempt to cover three areas during this presentation Pre Contact Treaty Diplomacy Treaty Denial Period Aboriginal and Treaty Reconciliation Questions are Important, Don’t be afraid to challenge what you hear. Mi’kmaq History is an oral history with no absolutes

3. Treaty Diplomacy Era 1630-1796 Mi’kmaq legends state the arrival of the Europeans was not a surprise. The first documented settlement in Mi’kma’ki was a horrible failure with the majority of French not making it through winter Grand Chief Membertou took the French under his wing and taught them how to survive. Grand Chief considered himself equal to the kings and queens, he was feared and respected. In 1610 Grand Chief agreed to be baptized as a symbolic agreement with the Holy See. In doing so however, he did not abandon Mi’kmaq spirituality

4. Treaty Diplomacy cont. The Mi’kmaq early relationship with the French was one of mutual respect and cooperation. Continuous wars between the French and British created tension in Mi’kma’ki and Maliseet. In 1725 Wabanaki Confederacy signed a treaty in Boston with the British Crown. 1749 General Edward Cornwallis arrives in Halifax, area because of winds not allowing his arrival in Port Royale

5. 1752 Treaty 1749 “Mi’kmaq Declaration of War” Cornwallis and the Extirpation Policy 1751 Lord of Trade Intervene in the Mi’kmaq Conflict. 1751 British seek aid from the Wapanaki Confederacy in seeking peace with the Mi’kmaq 1752 Lapatkotikemk discussion on whether to choose war or peace 1752 the first treaty is signed between the British & Mi’kmaq.

6. Covenant Chain of Mi’kmaq Treaties 1630-1796 To Understand Mi’kmaq Treaties you must understand the Mi’kmaq Grand Council/Santi Mawio’mi Mi’kmaq Grand Council was made up of the Keptins who were leaders of clans, and families whose executive was given authority to speak on behalf of the Mi’kmaq. There is no hierarchy within the Mawio’mi but they do recognize a Grand Chief, Grand Keptin and Putu’s Treaties signed by the executive do not automatically bind its people therefore each district ratified the treaties at different times. The Chain link is often seen as a metaphor for this concept.

7. Treaty Denial Era (1776-1969) In 1776 the war between the British and United states ended. Those who had been loyal to Britain were removed from New England and 35,000 Loyalists came to the Maritime provinces in Canada. These Loyalists ignored treaties previously signed with Mi’kmaq, and the crown was powerless to stop the lawlessness and encroachment of Mi’kmaw lands. It was the first time that the Mi’kmaq were outnumbered in our own territories, 1848 the Mi’kmaq Grand Council sent a petition to the Government of Nova Scotia. A report stated that there was not a jury in the land who would side with the Mi’kmaq or a lawyer who would represent the Mi’kmaq because it would damage his future earnings

8. Treaty Denial Era cont In 1929 Grand Chief Sylliboy went to trial for trapping out of season. A one sided court favored with the crown, stating that there was never a treaty, and the Mi’kmaq Grand Council did not exist. The damage involved created a downward spiral leading to Residential Schools(1929-1969) Centralization and Welfare Economy( 1940’s) Creation of Indian Act Bands/Elections (1950’s and 1960’s) White Paper Policy 1969

9. Treaty Reconciliation 1969 White Paper led to a movement of “Indian Activism” and the creation of Provincial and Regional Tribal Councils such as UNSI, UNBI, National Indian Brotherhood. Late Kji Keptin Alexander Denny Kji Keptin 1968-2004 Twice President UNSI Promoter of Aboriginal & Treaty Rights, and Mi’kmaq Language Believed in Self Determination instead of Welfare Economy Over 10 years fought Canada in the united nations forum the communication known Mi’kmaq People vs Canada First Chair of Tripartite Forum Greatest Orator I’ve ever heard Lifelong Promoter of Sport and Healthy Active living. Recipient of the Tom Longboat award

10. Constitutional Rights of the Mi’kmaq In 1867 without consultation from any Aboriginal people Canada created the Brittish North America Act. As part of it s.91(24) gave Federal Government Jurisdiction over Indians and Lands reserved for Indians. In 1982 Canada wanted to become a sovereign nation with its own Constitution, free from approval of the Crown. In 1982 as part of the discussions, dialogue, protests, S.35(1) reconized and affirmed the existing aboriginal and Treaty rights of Aboriginal people. Together read with section 52 gave Aboriginal people across Canada the instrument needed to litigate any violations of their constitutional rights.

11. Mi’kmaq Litigation 1985 Simon case – Mi’kmaq Treaty Hunting Rights 1990 Denny case- Mi’kmaq Aboriginal Food Fishing Rights 1999 Marshall Case- Treaty Commercial Fishing Rights 2006 Sappier/Grey case- Aboriginal right to harvest timber for domestic usage. (fuel, Furniture, shelter) Litigation is expensive and is time consuming. The courts have directed the government to negotiate with Mi’kmaq

12. Where are we at today Many challenges remain. In a speech given to United Nations by Wilton Littlechild Why is it that we as indigenous tribes, peoples and nations continue to lead in all the negative statistics? Why is it that there is still abject poverty among our families, especially our children? Why is it in our country the education of indigenous students is in a crisis? Why is it that we continue to be excluded from the economic mainstream, especially during this current global economic crisis? Why is it that our treaties continue to be violated?

13. History of the Indian Act The Indian Act was created to control the lives of Indians who lived on reserve. Prior to 1951, if an Indian wanted to become a lawyer,doctor, university student they had to enfranchised meaning they were no longer Indian Indian Act banned many cultural events, or political gatherings or even hiring lawyers to pursue claims. As well Indian act controlled nearly every part of there Indians lives from when they could leave the reserve, to what they couldn’t drink. It is discriminatory from start to finish, against Indians as well as against women.

14. Indian Act Sections of interest Defines who is an Indian, today s.6(1) and (6)2 problems discussed later. Indian lands s.20 certificate of possesion, and the mess they create. S.74-79, election regulations S.81, powers of council S.87 Reserve Property exempt from Taxation

15. Key Issues Moving Forward Beneficiaries: Who is a Mi’kmaq or Maliseet person Governance Nationhood vs Indian Band Councils How Can we ensure Treaty Implementation in the Justice system Is Self-Determination Possible

16. Beneficiaries, Who is a Mi’kmaq or Maliseet Aboriginal people defined as Indian Metis Inuit Indian Status, currently allows certain mi’kmaq rights that limit Taxation, ensure some health costs, allows you to be eligible for housing and education. Who determines who has status S. 6(1) & s 6(2) issues? Discrimination remains in Indian Status and Band Membership in many communities. Studies show that within 2 generations there will be next to no registered Indians left in Canada. If Mi’kmaq/Maliseet were to receive compensation for payments for Resources who does that include. How do we decide who is Mi’kmaq, Language, Blood Quantum, Skin Color, etc.

17. Governance/ Nationhood Currently over 630 bands across Canada, over 40 different Nations. RCAP most comprehensive document ever researched, recommends dissolving band structure in favor of Nations. One of the Ironies of todays Treaty Negotions is that they are between Canada, N.S., and Indian Act Chiefs. Original Treaties signed between British Crown and Mi’kmaq Grand Council. How do Mi’kmaq or Maliseet go back to Nationhood. Can the Indian Act Bands work together or will the old divide and conquer win out.

18. Governance Cont. 2 year term is the shortest term in Canada, leads to community division, tension, and short term thinking. Communities do not trust chief and councils, years of government manipulation and lack of “oversight” Blackstone on APTN, highlights need for oversight Despite Indian Act being oppressive and discriminative “we trust the devil we know, over the devil we don’t” Current Approach to government is Short Term-non strategic Economic Problem is all about getting more money Others set the development agenda Indigenous Culture is an Obstacle EINSTEINS QUOTE ON INSANITY

19. Closing thoughts The Indian Renaissance based on Rights, Education, and Unity It is easier to create fear, then to share knowledge “I freed a thousand slaves I could have freed a thousand more if only they knew they were slaves.” Harriet Tubmen Be prepared for failure, but remember it is temporary Sylliboy 1929, Denny 1979, “I haven't failed, I've found 10,000 ways that don't work” Thomas Eddison The seventh Generation prophecy, Netukulimk/Responsibilities.

20. Questions & Answers Invite questions from the audience