Set up to fail: Flawed Indian Act and bad court decisions hinder progress

GRIEF, RAGE & HOPE - Before any of us non-aboriginals (me included) gets too critical of the mess on many of Canada's First Nations reserves, it's worth saying that a lot of non-aboriginal communities would be just as dysfunctional if they were forced to use the same broken governance model imposed by the Indian Act.


Of the 617 reserves in Canada, at any one time one-quarter are being administered by federal bureaucrats or outside auditors. That probably means one-half should be under administration if not for federal reluctance to appear heavy handed by intervening so many places at once.


The millions of taxpayer dollars Ottawa ships to each reserve every year are supposed to be accounted for with a proper audit before the next yar's payments begin. On half or more Canada's reserves, this almost never happens. There are few, if any, consequences for non-compliance.


Take the northern Ontario Cree reserve of Attawapiskat. Canadians know from a comprehensive audit of the band's books that 81% of the band's transactions lacked adequate documentation for the auditors to determine whether they were legitimate or not. Yet Attawapiskat is not one of the reserves under outside administration. Imagine how messed up a band has to be to have Ottawa appoint a financial overseer.


While much of this chaos is due to incompetent management on reserves, it is also the result of the way Ottawa is forced to deal with bands (and vice versa). Under the Indian Act, the federal government must make its annual payments for health, education, welfare and community programs not to individual aboriginals but to chiefs and councils to disperse.


Imagine if all of our salaries in non-aboriginal communities, all of the decisions about what houses we live in and when they are repaired, who has jobs and who does not, whether our kids get their tuition for college paid or not, were controlled by our mayors and city councils. The opportunities for corruption and favouritism would be the same as on reserves.


In this top-down unaccountable world, it's miraculous that scores of band councils manage to do their jobs properly and fairly. Yet they do.


But it is not just the Indian Act - which also prohibits most private property on reserves - that stands in the way. Multiple misguided court decisions have also fed the belief among some aboriginals that treaty rights are unlimited and that their often tiny communities are really sovereign nations that have the right to demand nation-to-nation relations with Ottawa.


The 1990s Supreme Court of Chief Justice Antonio Lamer was particularly renowned for devising aboriginal rights out of thin air.


Two decisions - 1997's Delgamuukw decision and 1999's Marshall decision - were particularly detached from reality.


In Marshall, the court granted aboriginals the right to hunt and fish out of season for profit. The majority was forced after their ruling to admit they got the history of treaties in the Maritimes backwards. Contrary to the majority's assertion, First Nations knew in the 1760s that they were signing away their rights in return for British protection and trade. Yet the judges refused to overturn the right they granted.


Similarly, in the Delgamuukw decision, the Supreme Court overturned nearly four years of scholarly work done by B.C.'s highest court that showed aboriginal title in the province had been extinguished in the 19th century. Instead, our highest court ruled that in land claims, native oral history should be given the same or greater weight as academic research, government records and land titles. Essentially, if aboriginals say a parcel of land was theirs traditionally, governments and lower courts must accept it as so.


This fanciful reasoning - based primarily on liberal guilt rather than legal precedence - has merely encouraged the most radical aboriginal activists, lawyers and professors of native studies to cling to myths that make solutions to aboriginal problems next to impossible.


Undoubtedly, there is room for compromise on both sides, but until aboriginals accept that their communities are villages and towns, not nations, and accept ownership of many of their own problems, progress will be impossible.


 


http://www.torontosun.com/2013/01/25/set-up-to-fail-flawed-indian-act-and-bad-court-decisions-hinder...

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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

Ah the Sun….and Lorne Gunter…..again. Gunter a born and bred Albertan,….. again. But let’s have a look anyhow at the legitimacy of what he said.


 


The millions of taxpayer dollars Ottawa ships to each reserve every year are supposed to be accounted for with a proper audit before the next yar's payments begin. On half or more Canada's reserves, this almost never happens.


 


Well to start with the money given to the First Nations people is their money from the fruits of what Canada takes in. This is the ‘rent’ for the land as prescribed in the treaties with the First Nations people. Where ‘exactly’ the money comes from cannot be traced to ‘taxpayers’. This is a myth started long ago and people have just accepted. The government gets its money from many, many sources.


 


Next there is the comment that an audit must be done on all Reserves every year but he then goes on to say that almost never happens. Where does the Albertan working for Sun media get this information? Dr Palmater who worked for the Dept of Justice and Indian Affairs says that ‘every’ Reservation is audited by Indian Affairs every year. Hummmmmm…..who to believe…..someone who worked there and who has experience, or some commentator from Sun Media?


 


Take the northern Ontario Cree reserve of Attawapiskat. Canadians know from a comprehensive audit of the band's books that 81% of the band's transactions lacked adequate documentation for the auditors to determine whether they were legitimate or not.


 


Attawapiskat seems to have become all that the anti-Natives have to hold on to. To begin with any one’s books are easy to audit especially with a forensic audit. It’s done all the time with Corporations who have massively larger bookkeeping than a small Reserve.  I won’t disagree that the bookkeeping on the Reserve may not have been as exact as some would like it….but if there are missing receipts etc they can always be discovered by going back to those people and firms who gave them in the first place.


 


Under the Indian Act, the federal government must make its annual payments for health, education, welfare and community programs not to individual aboriginals but to chiefs and councils to disperse.


 


The dispersal is true. However first the Chief and council must also take into consideration the money that is needed for the whole of the community. Then you have to take in the costs of those necessities that either the people or the government say must be done. Then you have to take into consideration where the Rez is located. The costs in Southern Ontario are probably a ¼ of the costs for a northern Reservation but yet they get the same if not possibly less money. I don’t know all the intricacies of how the government disperses money or how much each Reservation gets and neither does Gunter, so before he starts making insinuations and subtle innuendoes……maybe he should learn to be a real reporter and get all the information ….first.


 


But it is not just the Indian Act - which also prohibits most private property on reserves - that stands in the way.


 


There is nothing wrong with the concept of no private ownership of land on reserves. This is the way the First Nations have always been and before the white man came along with their concepts of government and ownership that were forced on the First Nations people. The Native people have their own piece of land on a Rez and although they cannot sell it to a non-Native they can do with it as they wish. They can build a long house on it or a 300 thousand dollar home. The holding of the land as Reservation land is a way of keeping the community together. Look at it as a palisade around and encampment in order to not be invaded yet again.


 


Multiple misguided court decisions have also fed the belief among some aboriginals that treaty rights are unlimited and that their often tiny communities are really sovereign nations that have the right to demand nation-to-nation relations with Ottawa.


 


Why are they ‘misguided’? Because the court rulings did work for those who want to decimate the First Nations people? You bet.


Treaties are agreements and they are….unlimited…..and if you read the treaties the First Nations people ARE a sovereign Nation. Gunter should read the treaties.


As I have said many times before……there are a lot of hypocrites out there in Canada, especially those who want to destroy the Native people. Those same people would want any agreement or contract made with them…..kept. The Canadian government has agreements with people both citizens in the country and out of the country and they demand they are …….kept. England, the Crown, has agreements with people and they want them…..kept. But for some reason when it comes to the First Nations people…..some people feel they do not deserve the same …….respect.


 


Undoubtedly, there is room for compromise on both sides, but until aboriginals accept that their communities are villages and towns, not nations, and accept ownership of many of their own problems, progress will be impossible.


 


No, there is no room for compromise. An agreement is an agreement……and Gunter has to grow up and deal with it. So do a lot of other people. And the First Nations people ARE a Nation. He has to deal with that as well. Gunter must have a lovely house somewhere. I wonder how he would like it if suddenly the government or the bank said they were changing the agreement and he was now going to lose his home. Suddenly he would have a taste of what it feels like to be Native.





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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

Everyone has to account for their money like landlords every year claim their rent ... i don't understand anyone being against them having to have their act together with finances this is nothing new and is common practise for EVERYONE or atleast should be

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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

Everyone has to account for their money like landlords every year claim their rent ... i don't understand anyone being against them having to have their act together with finances this is nothing new and is common practise for EVERYONE or atleast should be.


 


So are you saying that if someone rents a home or an apartment or a store front that they have a right to ask the landlord what they are doing with the rent they are given? Are they spending it wisely?


 


First Nations don't 'claim' their 'rent'. They are in their own 'Nation' when on the Reserve. It would be like us asking England to claim their rent in Canada. The operative word here is ......treaty.


 


A treaty..... is an express agreement under international law entered into by representatives of sovereign ''states'' and international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention or exchange of letters, among other terms.





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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

the person paying 'rent" on a condominium (much like a tribe) has every right to see that the "common" money (the money given for health and welfare of said tribe) is spent exactly as it should be


YES!!


so ALL money given for roads,housing,health,schooling MUST be accounted for DOLLAR for DOLLAR!


 


much I am sure if you give your employee $100 to put diesel in the equipment he BETTER either A-have a receipt for the full $100


or


B- have some change for you

Message 5 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

the person paying 'rent" on a condominium (much like a tribe) has every right to see that the "common" money (the money given for health and welfare of said tribe) is spent exactly as it should be


YES!!


so ALL money given for roads,housing,health,schooling MUST be accounted for DOLLAR for DOLLAR!


 


Within the Rez ........yes........I agree. Outside the Rez....it's technically no one's business. The Rez is just like a country of it's own. Take Canada for instance. Your elected leaders (just as leaders are elected on Reserves) have 'your' money. You trust that they will do the best with 'your' money. Some believe they do....some believe they don't. For those who believe they do spend wisely... lets say the people of Nigera started to criticize how your government spent their money, your money, you would probably tell them to mind their own business! The people within the Nation are the ones who must support or disagree with their own leaders. The unique situation with the First Nations is....they have to get their money from people who rent their property.....and then the renters have in place laws that say that they have a right to say where the money goes......and as well the renters aren't forthcoming with the full rent.


 


  


much I am sure if you give your employee $100 to put diesel in the equipment he BETTER either A-have a receipt for the full $100


or B- have some change for you


 


Bad analogy. The 100 dollars is mine and the truck is mine. With regards to the Native people the 100 dollars is theirs and the truck (lets call it the land) is theirs.


 


 


I am in full agreement that the members of a Reservation should be able to look at the books and see that all is being handled fairly and justly. Maybe they do, I've never asked, but I will. It might vary from Rez to Rez.


 


The problem with Spence and her Rez is because she...and the council and the councils before her kept what seems to be poor bookkeeping....those who dislike Native people for many reasons are using this as an encompassing idea against all Natives that 'there is something wrong .....even underhanded and maybe illegal'. However other than bad bookkeeping (excuse me for a moment while I do this)>>>>> NOTHING has been proven that she or the council have done anything wrong, illegal or underhanded! The Rez books are looked at every year by Indian Affairs ....nothing wrong. A previous audit was done on the Rez.....nothing wrong. Harper had another auditor come in and their assessment wasjust bad bookkeeping and they didn't even look at receipts in storage.


So why do people persist on continually bringing it up?............Because they desperately want something to be wrong! It gets realllllll tiring. 


 





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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

 


Strange  analogy, being that Nigeria's taxpayers don't foot the bills here.  

Beware of kittens with red bows, bullies in bandannas, and whining broken records.

€ Lucifleur

~Lucifleur
Message 7 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

Nigeria's taxpayers don't foot the bills here.


 


And you don't either. If you took the time to understand the relationship and treaties with the Crown and the Canadian government and the Native people........you would understand. Not that you would like it.


You don't even know who you belong to. You can start with the oath of citizenship that although a person born here doesn't have to say it..... it still applies....


"I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen"





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Message 8 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

 A previous audit was done on the Rez.....nothing wrong


 


AGAIN an "AUDIT" was never done-their "financial statment's" were done!  go talk to your accountant (I am sure he is a 'friend" of your ) and he can explain the difference. There have NEVER been AUDITED financial statment's done on that reserve.


 


When YOU or any business does their end of they year books a "financial statements" can be produced. This is what MUST happen each year on all reserves. They do NOT have to be AUDITED. an audit is when they take select payments and match them 100% to the actual invoices for each payment. This does not happen to often for to many companies.


 


The link you posted last time even should where the accountant states "I have viewed the financial statment's" not that they viewed the AUDITED financial statements


 


please stop getting financial statements and AUDITED financial statements confused as they are 2 very different processes.

Message 9 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

The shouting at anyone who disagrees is very telling.





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Message 10 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

SHOUTING is when every word is in CAPS---emphasizing words in when you want ONE word to stand out from the others!


 


"google" it.


 


but nice that you now know your WRONG so changed the subject--LOL

Message 11 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

I may have used audit in the wrong sentence. If that is what you need then so be it. However the Dept of Indian Affairs do go over the books of every Rez every year. You can pick whatever word you would like.


 


 


Caps:


 


Definitions:


Using all capital letters in electronic communication is like shouting at someone in person. It is a common technique used by HUSTLERS to get attention.


 


Internet Etiquette:


It does not matter what form of internet communication you are using, shouting is not acceptable. There are caveats and exceptions. Subject lines, headings, and advertisements are often in all capital letters for readability reasons.


 


lol





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Message 12 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

Caps:


 


Definitions:


Using all capital letters in electronic communication is like shouting at someone in person. It is a common technique used by HUSTLERS to get attention.


 


Internet Etiquette:


It does not matter what form of internet communication you are using, shouting is not acceptable. There are caveats and exceptions. Subject lines, headings, and advertisements are often in all capital letters for readability reasons.


 


lol


 


guess you missed the ALL in your statement!


 


Showing Emphasis by Hallie Ephron


There are different ways to emphasize words in your text. But before you think about how to do it, consider when to do it. Most fiction writers use emphasis in dialogue. It portrays the way something is said as well as exactly what is said. Sometimes, you'll want to use emphasis in your character's thoughts. You'll rarely use it in narrative.


Before the advent of word processing, putting emphasis in text was much different than it is today. Writers today have various options.


Capital Letters


Some writers still use capital letters to emphasize text. Most editors don't really like this. There are some cases where capital letters are used in text (besides proper nouns or the beginning of sentences). These aren't so much for emphasis as distinction: academic degrees (M.D.; Ph.D.; M.A.); initials that take the place of a proper noun (J. P. Magnus); states or countries referred to by initial (NC or USA).


 


2nd the dept. of indian affairs LOOKS at the books but in no way audits them. They do not have the time. Funny though that you "trust" the government enough if they were to have audited the books but they can't be trusted in any other way--thats cool!!


 


guess you can pick and choose when the government benefits your story then!

Message 13 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

 Probably you missed the post. When were you going to come up and go fishing? There's a place on the river by Benmiller called the Black Hole. Good spot. I guarantee you will catch something.





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Message 14 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

2nd the dept. of indian affairs LOOKS at the books but in no way audits them. They do not have the time.


 


Oh I didn't realize.....how long have you been with Indian Affairs?





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Message 15 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

"guess you can pick and choose when the government benefits your story then!"


 


Or, make it up as you go, inventing characters and details when necessary.


A melange of fact and fiction that requires a willing suspension of disbelief on the part of the Wildebeest crossing the river because of a crocodile's assertions that it is a vegetarian.


 

Message 16 of 17
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Set up to fail: Flawed Indian Act and bad court decisions hinder progress

Winston Churchill's crocodile observation:


      “An appeaser is one who feeds a crocodile - hoping it will eat him last”


 


Winston apparently didn't believe some crocodiles are placid herbivores.

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