Aboriginal Fighter...or an Aboriginal Fighter?

“First-nations youth inhabit two different spheres.

Students tell panel on native learning that they want to learn cultural traditions as well as receive a good education.”

So read the headline published in the GLOBE AND MAIL dated, November 22, 2011 and written by a Gloria Galloway.

Diversity seems key in the fabric of Canadian society, after all, the Canadian government defines multiculturalism as a government, “ committed to reaching out to Canadians and newcomers and is developing lasting relationships with ethnic and religious communities in Canada. It encourages these communities to participate fully in society by enhancing their level of economic, social, and cultural integration.”

One notices the issue of “education” is not included in the program of integration of those communities. Seems there is no need.

When downtown in any urban city, one does notice a number of ethic backgrounds seemingly well grounded in two different spheres: their respective cultural background and education.

So, what about Canada’s Aboriginal people?

“Children who live on native reserves often have their feet in two worlds when it comes to education and many are unprepared to sacrifice one for the other.”

And, it is not just native reserves but Inuit communities that face that challenge. So, anyone up for that challenge…perhaps a Kenzie Wilson?

“The 13-year-old who loves racing sled dogs across the ice near her home in Cross Lake in northern Manitoba say she wants to be a fighter pilot when she grows up. That means she has a lot of years of formal education ahead of her.”

A lofty and very achievable goal for a young kid but like most native communities…will there be any support?

Scott Haldane, the panel Chairman looking at proposed solutions for First Nations learning has said, “We’ve had opportunity to meet young people like Kenzie across the country who demonstrate that the resilience of first nations students is remarkable, and who have the potential to achieve whatever they want to achieve but don’t have the supports around them, generally speaking, to allow them to pursue that dream.”

When in most native communities and while most will agree, the lack of support for kids there has resulted in the notion that education is not important. The national dropout rates will attest.

Nevertheless, young Kenzie Wilson must be commended for her attitude, “My goal in life is to become a fighter jet pilot. I will do everything I can to reach my goal and education will help me do this.”

Here’s looking at you kid. We all need to touch base with you in ten years and hope you will be like most immigrants grounded in two spheres: your cultural background with an education.

Cost of Residential School...Billions, Cost of a brush-cut...Priceless

Cost of Residential School…Billions, Cost of a brush-cut…priceless.

“Cost of residential school redress rising. Final settlement package likely to be more than $5-billion as 29,000 expected to line up for additional compensation for abuse.”

So read the above headline in the GLOBE AND MAIL published November 19, 2011 and written by a Bill Curry.

A lot of us former Junior boys of Grollier Hall remember well how the former bully Nun, Sister Hebert, had lined us up for our annual brush-cut on that early September arrival; after all, for years prior, lining up like numbered cattle through a corral was a regular process. Today, some forty years later, as the above noted article implies, we’re still lining up like numbered cattle…this time, it’s the corral known as the Independent Assessment Process (IAP).

“…the IAP, which allows former students to tell their story in a private hearing – sometimes with the alleged abuser present. Government-appointed adjudicators listen to the stories of abuse and approve compensation, using a matrix that increase the payment based on the severity of the physical or sexual abuse and the severity of the long-term emotional impact on the former students.”

Little did we know back then while lining up for those “priceless” brush-cuts, the line up would continue some forty years later… this time to “tell your story.” How many stories?

“Twenty nine thousand. That’s Ottawa’s latest estimate of how many people will ultimately come forward with compensation cases for physical and sexual abuse suffered at Canada’s native residential schools.”

The month of September seems quite symbolic too, it is that month of 2012 that represents the deadline to “come forward” for Survivors to ensure some sort of compensation in the IAP process.

Let’s ensure the line up continues…this time not for that “priceless” brush-cut or just an apology…it’s you and your story.

Aboriginal Title?...Easy Answer.

ABORIGINAL TITLE

Certainty still a question in land rights and resource development.

Several issues make agreement between first nations and business interests difficult.

So read the headline published in the VANCOUVER SUN, November 12, 2011 and written by a Derrick Penner.

Sub-headlines to the article included, “Treaty gap, New projects, Finding opportunities, Finding a deal.”

Until there are land claim agreements south of 60 like north of 60 where land claim agreements abound, there will always be uncertainty in land rights and resource development including in British Columbia. That is the nature of the situation. You could say it’s a lawyer’s field of paradise where some have started and inevitably retired only to be replaced by up-and-comers.

Anyway, there is no “Treaty gap” north of 60. For example, we, the Inuvialuit (Inuit) of the Western Arctic were a part of the proposed area of Treaty 11. Thanks to our Elders, they figured a “treaty” between us and the government was not a good idea. Thanks to their foresight and patience, our land claim agreement known as the 1984 Inuvialuit Final Agreement outlines certainty in Aboriginal title, i.e. land selection, surface and sub-surface rights, wildlife management, socio-economic agreements, health care issues, consultation, etc, all allowing an aura of certainty.

South of 60?…”companies are still looking for clarity around what areas of the (BC) province are absolutely open, or absolutely closed…” Yes, Aboriginal title is still a question.

Regarding “New projects,” north of 60; no problem. One voice, the people; land claim agreements have sent the lawyers home.

“However, from the (BC) province’s perspective, it is difficult to create any type of template for consultation and accommodation of first nations’ interests, according to Mary Polak, Minister of (BC) Aboriginal Relations and Reconciliation, because those interests vary so widely between first nations.” Mary goes on to say, “Treaties would be the most comprehensive and final way to addressing recognition.” History has shown though, treaties have been too vague and have resulted in uncertainty. Comprehensive land claim agreements north of 60 have created a lot of certainty. Many new projects there have started or pending and will last for many years to come.

Regarding “Finding opportunities” north of 60; ... no problem. Finding opportunities with oil and gas and the mining sectors abound with the proposed Mackenzie Gas Project and the already established diamond mining projects, let alone the eco-tourism sector that offer once-in-a-lifetime opportunities for tourists; i.e, northern lights, fishing, expeditions, and big-game hunting.

Mary Polak goes on to say, “Can we find something that meets the requirements and desires of all first nations across the province and (non-aboriginal) communities and business interests across the province? I’m not sure.” I guess one should point Mary north of 60 where finding opportunities with land claim agreements have added a lot of certainty.

Regarding “Finding a deal” north of 60, you guessed it, no problem. However, regarding south of 60, lawyers like Keith Bergner has said, “The duty is to consult, not a duty to agree.” Treaties demand consultation while land claim agreements demand an agreement with consultation…that is certainty. Unity and land claim agreements have done a lot for positive consensus of aboriginal groups in “finding a deal” including the Mackenzie Gas Project.

Perhaps, the above noted headline should read, “Certainty will always be a question in land rights and resource development…south of 60”

Pipeline, Politcians...Hollow?

“Enbridge touts support, but others call deals “hollow.”

So read the headline published in the GLOBE AND MAIL, dated Thursday, August 25, 2011 and written by a Nathan Vanderklippe.

Seems the proposed Enbridge Northern Gateway pipeline to the BC west coast from near Edmonton is another headliner. Last blog posted was headlined, “Pipeline to west coast will be tough to stop.” There, the premise then was noted as a metaphor of a “slow train coming.” It’s just a matter of time. Seems too, the above noted article is feeding that premise. This time, it’s “let’s make a deal.”

Deal?...so who with?

Enbridge Inc. said it has lined up critical industry support for its proposed Northern Gateway pipeline to ship Canadian crude to Asia. Like a seasoned politician, Enbridge won’t say whom with. All the National Energy Board (NEB) has received from Enbridge are “Precedent Agreements” from major oil producers. So, what’s the deal?

“Under the agreements, would-be oil shippers are not obligated to send a drop of crude through the pipe.” Surely, based on experience with the NEB, economists there will want assurance rather the speculation before a permit is issued.

Still, Enbridge’s ploy seems to follow that old adage, “if you build it, they will come.” For some, it’s not that simply.  Those “precedent agreements” are non-binding, i.e. if you commit no money, no oil, (you will) receive no financial penalty for backing out.

“That prompted one lawyer who has analyzed the agreements to call Enbridge’s claims of commercial support “hollow.”

Don’t forget too, the proposed project lacks the support of the biggest hurdle in the way: British Columbia as a whole that includes a lot of First Nations.

Yes, there still is a slow-train coming. The NEB still has a job to do to ensure the project makes economic sense and especially make Enbridge disclose bona fide deals. After all,  “hollow” agreements or deals will not fill those pipes.

"Slow Train Coming?"

“Pipeline to West Coast will be tough to stop”

So read the headline published in the Calgary Herald, Friday, July 29^th, 2011 and written by a Barbara Yaffe.

The legend Bob Dylan wrote and sung his somewhat post born-again song, “Slow Train Coming” which was also the title of that iconic album. With that song: seems Bob had implied the impending return of Jesus as just a matter of time.

In the above noted article: seems the Enbridge Gateway Pipeline is just a matter of time. After all, it is “in the public/national interest.” A motto/slogan adopted by the regulator, the National Energy Board (NEB). It is no secret the proposed pipeline is very contentious with local British Columbia groups such as opposition parties, environmentalists, and importantly, Aboriginal groups.  Nonetheless, “national” reps as high as the federal Natural Resources Minister, Joe Oliver, and the Canadian Council of Chief Executives gave strong preliminary backing to the Gateway pipeline. Much to the chagrin of the BC groups.

In the history and process of NEB applications, local interests have never foiled national interests, save only one, the Sumas Electrical Project of 2001 between Washington and southern BC. Still, regarding the proposed Gateway pipeline, is there a “slow training coming?”

“New Democrats and Liberals have sponsored a parliamentary motion and a private member’s bill respectively against tankers plying B.C.’s pristine waters.” Will that be enough to foil the project? Those politicians might have to pull out the trump card held by Aboriginal groups, in this case BC First Nations as they depend on river and marine resources for their livelihoods and have expressed a clear no to the proposed pipeline passing through traditional territory.

And, “it’s also worth noting Canadian courts have often bowed to aboriginal concerns in past legal challenges involving land and resources.”

As a former NEB employee, economists there will certainly echo Enbridge’s and the federal government’s argument that the mega-project will result in thousands of jobs as it would transport oilsands crude and span from near Edmonton west to the proposed pristine port of Kitimat, BC.

Aboriginal groups in northern Alberta seemed to have embraced the oilsands with community investment strategies that include well-paid jobs afforded by the big oil companies. Still, will the proposed Gateway pipeline project be different?

“This country has bountiful resources, much needed by fast-developing Asian countries. There really is no stopping this train.” Seems, the BC groups need to embrace Dylan’s metaphor of a “slow train coming.”

Pass some Mackenzie Gas?

“Royal Dutch Shell to sell stake in Mackenzie Delta gas project.”

So read the headline published in the CALGARY HERALD, dated July 16^th, 2011 and written by a Dina O’Meara.

The headline implies yet another hurdle in the almost 40 year process of the Mackenzie Gas Project (MGP). Even with a conditional approval from the National Energy Board for the MGP, seems Shell still wants out citing “asset divestiture” in a global portfolio review.

How ‘bout a review to a rescue?

“The most significant step is reaching an agreement with the federal government on a fiscal framework for the project” outlines Pius Rolheiser, Imperial Oil spokesperson whose respective company has a 33 percent interest in the proposed project with ConocoPhillips and ExxonMobil left to perhaps take up the slack. Still, will another company step up to the plate?

“It’s not exactly what we were hoping for at this time, but again, we remain very confident that there will be a buyer, and whoever it is will simply replace Shell as one of the shippers, “ says Orland Hansen, spokesperson of the Aboriginal Pipeline Group (APG). The APG includes a number of Aboriginal groups who have negotiated and settled a number of land claims along the proposed pipeline route and have been supported by TransCanada Pipelines.

Most of them must now wonder mildly, “F---" how much longer?”

“The (MGP) project still has long-term merit; however, the structural disruption of shale gas diminishes (its) viability, said Peter Tertzakian, with Arc Financial.

Will another company step up or will Canada extend its stimulus package to the north? In any case, Mackenzie gas will have to wait just a little longer…so what’s new.

Enbridge?...Gateway to the Orient?

“Pipeline plans go toe-to-toe with native land rights.”

So read the headline in the GLOBE AND MAIL dated May 14, 2011 and written by Carrie Tait and Nathan Vanderklippe.

The Northwest Passage was once taunted as the “gateway” to the Orient. Lately though, Enbridge has disclosed plans to develop its own gateway to the Orient. In fact, they have proposed a “Northern Gateway” pipeline from Alberta west to Kitimat, BC, a potential port to ship 525,000 Oilsand barrels of oil per day across the ocean and into the Orient. For Enbridge, it’s going to be a huge challenge with lots of hurdles including and especially the “native rights” issue.

Indian and Northern Affairs Minister, Jim Prentice had said, “those drums pack a powerful beat.” He was referring to a number of First Nations who demonstrated outside the Calgary building where Enbridge was conducting their annual general meeting. Apparently, National Energy Board (NEB) regulations and approval may not be enough to ensure a go-ahead. Even Minister Prentice has said, “they must secure First Nations support for project approvals.” Interesting.

Apparently too, the First Nations aren’t biting the carrot of $1 billion dollars in benefits including a 10% equity in the proposed pipeline.

What does Enbridge think?

“We think we can build it. We think there are huge benefits not only nationally but regionally on this project” says Pat Daniel, CEO of Enbridge.

Still, a sub-headline read, “Absence of treaties gives B.C. first nations more power. How much?

“One of the great public policy failures in Canadian history was the failure to actually execute land claim treaties and, in a sense, titlement, in British Columbia over the course of the last 150 years.” Minister Prentice said. He also added, “And so the reality on the ground is that the constitutional and legal position of the first nations is very strong.” How strong?

One must remember a similar scenario: the proposed Mackenzie Gas Pipeline and the native rights issue way back in the early 1970s. The lack of land claim agreements then with the various Aboriginal people resulted in a 10 year moratorium of development which subsequently lagged on and on for almost 40 years. It was only in 2010 that the NEB had finally approved that project after years of negotiations. Only now, the people there are ready.

Seems, the Northern Gateway to the Orient may pave the path to retirement for some Enbridge staff…thanks to native rights.