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FIRST NATIONS AND LAND RIGHTS

The following presentation was made August 23, 2002, at the annual Council of Georgist Organizations conference held in London, Ontario, Canada. In Canada the name First Nations generally replaces the term Indian for the native tribes who lived for many centuries on the land of southern Canada and northern America before the Europeans arrived.

LEGAL CLAIMS, LEGAL CHALLENGES, AND SOLVING SOCIAL PROBLEMS

Joe Miskokoman (the name means Red Night) is the Chief of the Chippewas of the Thames, and he is the son of a chief, who was the son of a chief, going back as far as 1847. Many of the Chippewa left the Reserve in Ontario province prior to World War II. Mishkokoman's father and mother went to Detroit to work. When WW II broke out, many Indians returned to their Reserves to join the military. Mishkokomon was good at sports, worked to pay for the college degree he earned, ended up with a Ph.D., and started out as a high school teacher in London, Ontario. He developed one of the first Native study courses in Canada that was accredited. Highlights follow from his presentation.

The Chippewa treatied most of this territory to the British, with whom they were allies and equals of the Crown and a military force to reckoned with in essentially defending their territory from invasion by the colonial powers of the then United States. The size and magnitude of land and resources that the Anishinabe people controlled, in a confederacy of 250 tribes, ran from Wisconsin/Manitoba to the East Coast with the Cree and Innuit to the north and Iroquois to the south.

The British Crown needed an alliance with the First Nations people in order to control that amount of territory when European powers were taking foothold in North America. As the tribal Reserves were established, much of history has been relegated to historical footnotes.

There were more identifiable First Nation persons that went to war in World War I and World War II than any other identifiable group in Canada, continuing the relationship established hundreds of years ago with the British Crown. Many of the WW II warriors came back and were confronted with racism. The Canada Veterans Act was to allow veterans to reestablish their homes, by buying homes in cities or getting rent or loan money to establish themselves in farming communities, particularly in western Canada. But the Indians were not allowed then to take part in the money granted. Only as of June 21, 2002, did the Ministry of Veterans Affairs stand up in Canada and apologize to the First Nations of Canada. Since then there has been a ruling by Canada, arbitrarily and without negotiations, that they are prepared to compensate to as high as $20,000 to the veterans or the surviving spouses of the veterans of those soldiers. Their theory is that if you took the money that could have been offered in 1947 and rolled it forward it would only accumulate to approximately $20,000. One would think that the maximum Veterans Affairs $6,000 grant for a person coming out of WW II after 1947 would have accumulated more than that.

When Miskokomon went to the University in the early 1970s, there was 217 First Nations people there that year. Today there are 27,000 First Nations people in universities and colleges across this country. We understand the value of education and Miskokomon has dedicated the last 30 years of his life trying to reestablish the First Nation people into a socially responsible group.

When he was the elected Grand Council Chief of 47 First Nations people throughout the province of Ontario, Miskokomon's job was to go to communities and warn people of pending problems in legislative form. In early 1979 to 1982 he was in London, England, because the First Nations leadership asked him to go there to lobby against the Repatriate Constitution Act of Canada. At the time the government of Canada, Prime Minister Trudeau, with Jean Chretien as his understudy, believed that the treaties were nothing more than antiquated documents only to be looked at. Of the 33 hours in the Repatriation process, 28 hours were devoted to Indian treaties.

Canada took the position that the treaties prior to 1867 were no longer the responsibility of Canada because that was when the British North American Act was first drafted. First Nations' question then was whose responsibility was it. The Eastern seaboard to central Ontario and beyond was treatied prior to 1850. Whose responsibility was it to uphold the treaties if not Canada. First Nations went to court in Britain, and Lord Demming in the lower court ruled that the treaties were English responsibility and that was transferred to Canada de facto by the British North American Act of 1867 and Statutes of Westminister of 1862 and by the Constitution Repatriation.

This created a dilemma for First Nations with Canada denying responsibility prior to 1867 and then the court of England saying we hold no responsibiliity because we transferred it to you. Of the two major countries, one holds the land, the other colonized the land, and both claim they hold no responsibility. An enormous amount of resources wealth was involved, from the fur trade, minerals and wood, to the gold strike on the north shore of Lake Superior in Canada. Yet First Nations has yet to secure jobs in the gold mines within their treaty territory. The treaty says the resources will be shared equally.

Who owns the water resources that are being sold? In Ontario province the government claims to own the water resources of the Thames river. That was the ancesteral highway to the Great Lakes, and First Nations holds that the river bed is our territory because we find historically that while our people treatied the land, they always used the river as the boundary line. There are a series of treaties that lie along this river. There is no historical document that ever said that we treatied the river bed, Miskokomon pointed out. Our ancesters would have no reason to treaty away our highway where they fished and moved goods back and forth from interior southern Ontario to the Great Lakes. The Ministry of Natural Resources in Southern Ontario says they own the water and now it is classified as a navigable waterway. But the Department of Fisheries and Oceans on the Federal side says it is under their jurisdiction. Who owns what?

The City of London for the past ten years has been developing what is to called the southside pollution plant. They said it would be used only for residential waste but in reality it is being used as a dumping ground for industrial waste. There are approximately 74 million gallons of water that goes past any point of that river in any 24 hour period. They are building a sewage plant that will dump 74 millions of gallons of water additionally into that river. Why not talk about tertiary treatment in terms of wetlands and natural filtration? What happens to the flora, fauna, and fish? First Nations has been monitoring this for a number of years, because its intake system is going to be less than 10 kilometers downstream from the proposed site. The nitrates and phosphates in that water are at an unacceptable level to the point where there could be another Walkerton outbreak. At Walkerton, Ontario, seven people died and hundreds more became ill from e-coli water contamination when animal waste got into the Walkerton water system. First Nations' concern is the land, the environment, and preparation of land without contamination. The Ojibwa are not at all anti-development, but want sustainable development without having repercussions of environment destruction.

In August 2002, the longest compensation land claim in Canada, which started in 1845, was settled. First Nations were denied access to the courts in 1898 and in 1906. Their claim was rejected by the government of Canada in 1972, in 1976, and in 1978 when it was resubmitted. It was accepted as a claim in 1985, and negotiations started in November 2001. It took 152 years to get to the table, but the negotiations were short, being resolved with $15 million being awarded to First Nations (Chippewa of the Thames). It is intended to turn the $15 million into a war chest to challenge some of the other claims in this territory.

Another claim took First Nations 25 years of negotiations and was resolved for $5 million. Now our trust fund has grown to nearly $12 million in a portfolio diversified with real estate, bonds, debentures, and equity, Miskokomon commented. We bought back 1600 acres of land, paying the municipalities the taxes on that land. We will return that land to our own territory to expand our territory and use it for economic purposes and for housing.

One of the major issues facing Indians is that they are barred from borrowing money from the bank. They are the only people that are denied that and young couples have to come up with cash to build homes. Yet the natives are the fastest growing population in the country. We told the banks, "doesn't it make good business sense to invest in us?" We could pull out the $12 million we have sitting in the bank, Miskokomon said. The banks said you are right, and we took $500,000 and put it in a trust fund, establishing a mortgage loan program for our young people. This is a revolving fund that continues to expand. In five years with 23 obligations there has not been any default.

First Nations people are denied the opportunity to contribute to the Canada pension plan. Our elders are living in senior poverty, noted Miskokomon, so we developed our community pension fund, setting up a specific trust designed for our elders who are 65 years of age. We are contributing from our own resources, starting out modestly with $400,000.

First Nations has a multi-stream approach, relying on education and legal challenges we must face in order to solve social challenges. We are relying on our own history and background, and relying on what we intend to do and on our future, Miskokoman said. We have already started working on economic development, entrepreneurship, and the ability to create wealth internally within our own people. We missed the industrial revolution. We are not going to miss the technological revolution. We believe sharing of information is key to reestablishing the relationship between our government and people.

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Editors note: Chief Joe Miskokomon, Chippewas of the Thames First Nations, Muncey, Ontario, Canada, may be emailed at chippewa@mnsi.net


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