DOCUMENT: NWBRNSWK.TXT UNION OF NEW BRUNSWICK INDIANS Presentation on Indigenous Populations Palais Des Nations Geneva, Switzerland August 1-5, 1988 By Graydon Nicholas, President 1. With respect to "recent developments" in Canada, I would like to bring the following matters to the attention of the Working Group. 2. The Government of Canada continues to impose policies and conditions without the consent of the MicMac & Maliseet Nations that I represent. The following are examples: (a) LAND CLAIM NEGOTIATIONS: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ On March 17, 1988, Mr. Bill McKnight, Minister of Indian Affairs, informed the Tobique Reserve that the Federal Government would abandon negotiations on the unlawful alienation of over 12,000 acres of land since 1892. The Government's lack of good faith, honesty and integrity gives the Tobique Reserve little choice but to litigate and sue the Government for their breach of trust. Such intolerable conduct of the Government of Canada must be revealed to the world community. (b) NON-RECOGNITION OF INDIAN LAWS: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Very recently the Government of Canada tabled legislation entitled Bill C-122. which would designate our laws and membership codes into the same category as rules of social clubs. At great expense, we have used the legal system and the Courts have ruled in favor of our laws as being specific legislation. Such legislation has superseded general legislation. Our laws on fishing have overruled the federal fishery laws and regulations. Our citizens continue to be prosecuted for alleged violations of the federal legislation. It is our hope that such federal initiatives such as Bill C-122 will be reversed. (c) SOCIAL POLICY ~~~~~~~~~~~~~~~~~ The Government of Canada has tried to impose the Child Welfare Policies of the Provincial Government onto our citizens. The Provincial policies are in direct conflict with our culture, our languages and values. Such federal initiatives are in direct violation of the U.N. Convention on the Prevention and Punishment of the Crime of Genocide. Article 11, (e) which states as follows: "In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or re- ligious group, as such: (e) Forcibly transferring Children of the group to an- other group." The Canadian policy is not in recognition of our Nations' rights to determine our own policies to serve the needs of our citizens. (d) FISCAL POLICY: ~~~~~~~~~~~~~~~~~~ The Government of Canada in 1985 enacted a program to reduce expenditure on their lawful obligations to our Nations. The Government has been rewarding the public servants by giving them bonuses out of the funds saved in lieu of spending the monies. This has resulted in hardships in social services, education, health and other services. Such a policy makes us victims at the expense of political gains of the Government. These recent developments are only a glimpse of many more being imposed upon our Indian Nations without proper consultation, consent and approval. This has to stop. With respect to the Government's recent statements on Treaties, in Geneva during the winter session, I disagree whole heartedly with their actions. There are Treaties between the MicMac and Maliseet Nations and the Crown. In the third session of this Working Group in 1984, we referred to our Treaties of 1725, 1752, 1778 and 1779, The Supreme Court of Canada in the case of SIMON v THE QUEEN. 23 C.C.C. (3d) 238, upheld the Treaty of 1752, as being valid, binding and into effect. It upheld the right to hunt as recognized and guaranteed in the Treaty of 1752. The Court upheld an earlier decision of what constitutes a Treaty on page 257 as, "Treaty is not a word of art... it embraces all such engagements made by persons in authority as may be brought within the term "the word of the white man" the sanctity of which was, at the time of British exploration and settlement, the most important means of obtaining the good will and cooperation of the native tribes and ensuring that the colonists would be protected form death and destruction. On such assurance the Indians relied." [R. v White & Bob (1964), 50 D.L.R. (2d) 613 at 648-49] There was a similar ruling on the Treaty of 1725 by the New Brunswick Court of Queen's Bench on April 8, 1988, in a case entitled The Queen v. Paul & Polchies, which followed the Simon case. Our Treaties are alive; Our Treaties are real and binding on the Government of Canada. Our Treaties were signed and executed by Nations and are international instruments. Finally the Government of Canada continues to deny our right to Self-Determination. They refuse to recognize our MicMac and Maliseet Nations to exist as a "People". This is tantamount as an act of Genocide. Our existence comes from our Creator who created us to be a "people". Our Nationhood and sovereignty cannot be destroyed, alienated and legislated into extinguishment. We are alive, our Nations are alive, and we'll continue in our struggle and quest to obtain international status. The Holy Father, Pope John Paul 11, on his second visit to Canada on September 20, 1987, stated as follows: 'Let me recall that, at the dawn of the Church's presence in the new world, my predecessor, Pope Paul 111, pro- claimed in 1537 the rights of the native peoples of those times. He affirmed their dignity, defended their freedom and asserted that they could not be enslaved or deprived of their goods or ownership. That has always been the Church's position. My presence among you today makes my reaffirmation and reassertion of that teaching." The MicMac and Maliseet Nations would ask the various Nations gathered here to support and advance our rights. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: A service provided by :: :: The Center For World Indigenous Studies :: :: www.cwis.org :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Originating at the Center for World Indigenous Studies, Olympia, Washington USA www.cwis.org © 1999 Center for World Indigenous Studies (All Rights Reserved. References up to 500 words must be referenced to the Center for World Indigenous Studies and/or the Author Copyright Policy Material appearing in the Fourth World Documentation Project Archive is accepted on the basis that the material is the original, unoccupied work of the author or authors. Authors agree to indemnify the Center for World Indigenous Studies, and DayKeeper Press for all damages, fines and costs associated with a finding of copyright infringement by the author or by the Center for World Indigenous Studies Fourth World Documentation Project Archive in disseminating the author(s) material. In almost all cases material appearing in the Fourth World Documentation Project Archive will attract copyright protection under the laws of the United States of America and the laws of countries which are member states of the Berne Convention, Universal Copyright Convention or have bi-lateral copyright agreements with the United States of America. Ownership of such copyright will vest by operation of law in the authors and/or The Center for World Indigenous Studies, Fourth World Journal or DayKeeper Press. The Fourth World Documentation Project Archive and its authors grant a license to those accessing the Fourth World Documentation Project Archive to render copyright materials on their computer screens and to print out a single copy for their personal non-commercial use subject to proper attribution of the Center for World Indigenous Studies Fourth World Documentation Project Archive and/or the authors. Questions may be referred to: Director of Research Center for World Indigenous Studies PMB 214 1001 Cooper Point RD SW Suite 140 Olympia, Washington 98502-1107 USA 360-754-1990 www.cwis.org usaoffice@cwis.org OCR Software provided by Caere Corporation