‘This is a battle brewing. It’s coming and here to stay until we see it rule in our favour,’ says FSIN Chief
CBC Indigenous: The Federation of Sovereign Indigenous Nations says it is frustrated with the federal and provincial government’s financial policy that withholds income assistance from First Nation citizens who receive per capita distributions from settlements of more than $15,000.
“When our chiefs signed the treaty in the 1800s, one of them was exemption from taxation. Those treaties are sacred covenants… Those papers are of international law,” FSIN Chief Bobby Cameron said Tuesday. “What they’ve done is this unilateral decision. No communication, unbeknownst to any chief, unbeknownst to the FSIN. How they’re taxing the poorest of the poor.”
The settlements, known as “specific claims,” are designed to correct historic injustices. The federal government works with the communities under the Specific Claims Policy to resolve outstanding specific claims through negotiated settlements.
“They don’t give a damn about First Nation people because if they did, they wouldn’t hurt the poorest of the poor — our people who are going to receive those per capita distributions for the many, many decades of injustices,” he said.
Cameron said he asks Premier Scott Moe the reasons for his government to allow “such a harmful act” that will claw back any income assistance from First Nation citizens receiving above $15,000 in specific claims.
“We are taking legal action on this infringement on our treaty rights… it’s a terrible move. It’s a human rights case in the making, this $15,000 limit threshold,” he said. “This is a battle brewing. It’s coming and it’s here to stay until we see it rule in our favour.”
FSIN represents 74 First Nations in Saskatchewan and many chiefs shared their frustrations with the cap on Tuesday in a news conference in Saskatoon. The unanimous consensus was an urge to the federal and provincial governments to honour the spirit and intent of the treaties and implement the treaty promises made more than a century ago.
FSIN said the provincial policy will also affect off-reserve First Nations members while the federal policy can restrict those living on reserve. “It is shameful and unconscionable that those disproportionately benefited from treaty are attempting to claw back this court-ordered redress intended to right past wrongs,” Cameron said.
Chiefs spoke about how the exemption will help many single mothers and people in need in their communities and how Saskatchewan and Nova Scotia are the only provinces to impose the caps on $15,000.
In an email statement, the Ministry of Social Services said the government recently sent a letter to FSIN indicating the ministry is reviewing its policy on Per Capita Distribution payments for First Nations members receiving income assistance benefits and welcomes conversation and feedback with First Nations leadership. “The ministry currently exempts Per Capita Distribution payments for First Nations members receiving SIS and SAID benefits, up to $15,000 per member, per settlement,” the statement said.
CBC News has reached out to the federal government for comment.
Shelley Bear, the Chief of Ochapowace First Nation, said the nation presently has six claims on the table with the government. “When we move to that place of reconciliation, all of a sudden they fail us once again by imposing policies that are going to hurt our people. Imposing policies on claims that were breached based on lack of consultation, based on their own policies and based on no understanding of our people,” Bear said.
She said the nation is in a state of emergency due to the suicides among their youth and young mothers. “Those are the ones that are going to continue to suffer. Our most vulnerable people are the ones that are gonna be hurting once again,” she said.
Calvin Sanderson, chief of the Chakastaypasin band, said it took them some 35 years to negotiate their land claims but are still waiting for an offer.
He said the province and the federal government are putting limits to their membership at no fault of their own. “The province only gives our membership a little bit out there to live with on their social assistance and they’re having a hard time today,” he said.
“They don’t even have enough to pay for rent. They have to make a choice whether to pay rent or pay for food, or put the milk and diapers on the table… if you’re going to give them $15,000, that’s not going to go very far nowadays.”
He said they have been dictated for over 135 years and clawing income assistance from their membership who receive per capita distributions from claims is just another example. He said there are still “a lot of treaty issues outstanding”.
“Canada now has to step up to the plate. I’m grateful that we’re done our land claims and we’re going to move our own path forward but the province and the federal government got to stop dictating to us.”
ABOUT THE AUTHOR
Pratyush Dayal, Reporter
Pratyush Dayal covers climate change, immigration and race and gender issues among general news for CBC News in Saskatchewan. He has previously written for the Globe and Mail, the Vancouver Sun, and the Tyee. He holds a master’s degree in journalism from UBC and can be reached at pratyush.dayal@cbc.ca