Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Tuesday, January 08, 2013

Prime Minister Stephen Harper says First Nations’ prosperity the key to solving problems

OTTAWA — Canada’s First Nations communities face “great challenges,” Prime Minister Stephen Harper says as he heads into a meeting with aboriginal leaders to discuss those problems.

But as he acknowledged Tuesday the problems that have sparked protests, Harper said too that many First Nations communities have “great potential” as well.

He held out prosperity as the answer to many of the woes plaguing First Nations communities and said the Conservative government would continue to encourage economic opportunities.

Still, Harper was careful not to talk up expectations for Friday’s meeting with First Nations leaders, saying concerns would be tackled in this gathering and others to come.

Harper’s government is facing a national wave of aboriginal frustration that has boiled over in the past few weeks.

The Conservatives were already grappling with the grassroots protests of the Idle No More movement that has led to blockades of major transport routes and spontaneous flash mobs.

On Tuesday, Harper’s government suffered a loss with a Federal Court ruling that declared Ottawa has broader responsibilities for aboriginal and Metis people living off-reserves.

On top of that, two First Nations bands from Alberta launched a legal challenge at the Federal Court of the Conservatives’ omnibus budget laws.

They say the government has a legal duty to consult First Nations, and did not do so before making big changes to laws covering navigable waters, fisheries, and environmental assessments and protections.

The Mikisew Cree First Nation and the Frog Lake First Nation are seeking a Federal Court order that would not necessarily strike down or repeal the budget’s moves, but force the government to consult and amend the new procedures to address their concerns, said lawyer Ron Janes.

Janes said consultation after-the-fact is not what the courts have repeatedly told the government it is required to do. Rather, it has an obligation to deal with First Nations before decisions are locked in, especially when it could potentially affect treaty lands and rights.

He said the environmental changes that the government introduced were “spectacularly secret” and not even known to senior government officials in the regions before the budget bill was tabled.

Chief Steve Courtoreille of the Mikisew Cree First Nation said all Canadians should support the effort “and send a message to Harper and his government that what they’re doing is wrong.”

“They can’t ram bills down our throats and expect us to roll over and accept it, because this is going to affect our future, affect the future of all of Canada,” Courtoreille told reporters.

It is the federal government’s job, under its treaty obligations, to protect aboriginal land, but the two controversial budget bills suggest Ottawa doesn’t intend to live up to that responsibility, Courtoreille said.

He said off-loading environmental oversight to provincial governments will not allow concerns from First Nations communities to be adequately addressed.

The two First Nations are asking the Federal Court for a judicial review of parts of Bill C-38 and Bill C-45, focusing particularly on changes to the Fisheries Act and the Navigable Waters Protection Act.

“Our goals are clear: we are asking the courts to confirm that what the government did was not legal,” Courtoreille said.

“Over the years, the courts have made it clear that all levels of government must consult with First Nations when they’re making plans or decisions that could potentially affect our treaty rights.”

The legal challenge is not part of the grassroots Idle No More protests. However, Courtoreille and former Frog’s Lake chief George Stanley said they support the movement’s expression of popular discontent.

“This is not just a First Nation issue, it is an issue for all of Canada,” he said. “It’s not right what they’re doing to this country. It’s going to destroy this country if we allow them.”

The Mikisew Cree First Nation is a fly-in community headquartered in Fort Chipewyan on the shores of Lake Athabasca. It is linked by winter road to Fort McMurray for approximately three months a year.

It has more than 2,700 members, with approximately 700 living in Fort Chipewyan.

The Mikisew Cree First Nation owns and operates a number of companies in Fort McMurray, Edmonton and Toronto, including hotels and oil and gas servicing companies.

The Frog Lake First Nation is about a two and half hours drive east of Edmonton and has its own oil and gas drilling facilities.

It has 2,454 band members, with 1,000 of them living on reserve.

Original Article
Source: the star
Author: Tonda MacCharles

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