Provide notice to the FN or group; put together all relevant information; disclose the relevant information to the FN or group; ask for input or opinions; tell and educate the FN or aboriginal group about the project while explaining the data used to develop the project; seek and adjust the project to incorporate the knowledge or advice provided by the FN or aboriginal group; and lastly, if a decision has been made to go forward with the project, explain in both a face to face meeting along with a written follow up as to why the decision was made to proceed with the project.

The process isn’t perfect or complete by any means. You and your legal counsel may still have to tackle the issue of “accommodation”. You should also note, that governments and financial sources will have their own spin on the project (as it relates to the aboriginal community) before final sign off on all the permits or licenses needed to make your project a success.

Newfoundland and Labrador…
prepare for the storm know as the Innu Strategic Alliance. The ISA include the Innu community Chiefs of Ekuanitshit, Matimekush-Lac John, Pessamit, Uashat mak Mani-Utenam, and Unamen Shipu, representing about 12,000 people, which is 70% of the Innu nation living in Quebec. The Innu Strategic Alliance enables parties to defend their rights and, through convergent interests, to initiate joint actions of all kinds to achieve political, economic, and judicial results. An extremely sad situation has developed.

Recently 150 ISA hunters were exercising their aboriginal right to hunt on Nitassinan (Innu territory) when one of their members fell ill. At about the same time, NL conservation officers arrived and it is alleged that instead of calling for assistance to medi-vac the hunter, they detained the group for about three hours. The officers at some point realized the hunter was truly sick and called for help. The hunter was sent to Churchill Falls hospital then Goose Bay hospital and ended up in St. John’s where he passed away.

Constitutional rights, political mix ups and death of an Innu Nation member can mean only trouble for governments and companies who are attempting to extract revenues from the Innu and Nitassinan.

As for the deal that was recently inked with the NL Innu….you have been forewarned.

(PS. Mr. Jean-Marc Bellefleur age 47 of Unamen Shipu (Québec) was the Innu hunter who passed away).

17.3 billion dollars!!!

Today it costs the government of Canada about $7.5 billion annually to undertake services such as health care, and education among others.  If given complete autonomy including controlling their land, there would be a $17.3 billion shift on the balance sheet by 2016.  As a result of this shift, Aboriginal Peoples would end up contributing to the economy about $9.8 billion.  The $17.3 Billion comes with consequences though.  It would mean the loss of 4805 employees at the department across the country both at headquarters in Ottawa and the regional offices.

The bigger question we need to ask is why in the in year 2010 do we still have a federal law that governs the lives of a specific group of people.  Can you imagine if there was a statute called the White Man Act of Canada or the Chinese Act of Canada or the….you get the picture.
photo credit: jumpyjodes

Aboriginal Peoples in Canada pay taxes.

The income tax exemption stems from s.87 of the Indian Act of Canada.  The Indian Act of Canada is recognized as federal jurisdiction within the Constitution Acts of Canada 1867 and 1982.  Two other source of exemption from taxation are existing aboriginal rights which have been recognized and affirmed under s.35 of the Constitution Act of Canada, 1982 and treaties.

Aboriginal right to taxation exemption flows from the recognition by courts and governments that Aboriginal Nations have the right to self government and have recognized that these Indigenous governments have customary law.  Therefore, self government and the ability to invoke customary law naturally allow an Aboriginal government to be exempt from a “foreign” government from taxing an Aboriginal government.  Sounds complicated but requires a deeper analysis which this form of media doesn’t permit.

There also exist Aboriginal treaties that were signed between the ancestors of modern Aboriginal governments and what is now Canada’s government.  These treaties explicitly state that Indians are exempt from paying taxes.  We cannot on a whim say that those documents were signed a hundred or even five hundred years ago.  These are sacred agreements signed in good faith between nations at a time when both needed each other.

Now the more difficult matter to address, is the fact that statistics indicate that unemployment rates for Aboriginal groups continue to be twice the unemployment rate for all Canadians.  Aboriginal Peoples living in a family setting are three times as likely to have incomes below the poverty level of Canadians and an Aboriginal person on average earns $20,940 while the average Canadian earns $35,872.  Furthermore, 80 percent of Aboriginal Peoples earn incomes below $30,000.

So, why do non-aboriginal peoples in Canada get so upset over the exemption from paying tax?  Both morally and legally we have the right, as hollow as it may be.