The Robinson-Huron Treaty and the Anishinabek Chiefs who represented all members of the Anishinabac nation
|Historic Victory for First Nations – Ontario Superior Court of Justice finds Constitutionally Protected Treaty Right to Resource Revenue Sharing – 168 years after signing of the Robinson-Huron Treaty. The action was brought against the federal and provincial governments for their failure to honour promises made in their longstanding Treaty relationship with the Anishinabek Nation that dates back to the Royal Proclamation of 1763.|
|Dec. 24, 2018 – Under the Treaty, entered into on September 9th, 1850 the Lake Huron Anishinabe agreed to share their lands and resources with the settlers ‐‐ approximately 35,700 square miles of territory. In return, the Crown promised, among other things, to share the net resource revenues generated from the use of the land by paying annuities that would be augmented based on the productivity of the Treaty territory. Although great wealth has since been generated from the territory, Anishinabek Treaty beneficiaries received only $4.00 per year since 1874.|
|May 23-24, 2018 – Nishnawbe Aski Nation (NAN) and Osgoode Law School have collaborated to organize the first-ever Indigenous-led summit that will bring together leaders to create a plan for moving beyond the Indian Act. determiNation is described as a national conference to plan for a new relationship between Canada and Indigenous peoples based on rights, recognition and reconciliation. This conference will be structured around the themes of premises, principles, and institutional, legislative, and constitutional mechanisms, with the goal of creating a plan of action.|
It is clear that the only way to redress the harms done through the imposition of colonial top-down structures through the Indian Act is to empower communities to chart their own self-determined futures.
First, NAN calls upon the Government of Canada to clarify its commitment to repeal the Indian Act and to replace it with a legal and constitutional framework based on a Nation-to-Nation relationship and the principles set out in UNDRIP.
Second, NAN calls upon the Government of Canada to make resources available to enable NAN to support its communities to develop their own vision for what lies beyond the Indian Act.
Third, NAN to facilitate a (fully funded) community empowerment process across NAN territory to develop Indigenous laws and practices in areas now imposed through the Indian Act.
Fourth, the Government of Canada to further develop and expand this engagement to support a national process to assist all Indigenous communities develop their own laws and practices in areas now imposed through the Indian Act.
Finally, a Community Empowerment Fund should be established by the Government of Canada to support an Indigenous-led, community-driven process for dismantling the Indian Act and replacing it with a Nation-to-Nation reconciliation framework.
Assembly of First Nations -Dismantling the Doctrine of Discovery
|Jan. 2018 – Advancing reconciliation requires bringing Canadian law and policy into line with international human rights law, which has condemned doctrines of superiority, including discovery and terra nullius, as colonial and racist. Yet the racist assumptions and impacts of these doctrines live on in aspects of Canadian law and policy. They are evident in underlying assumptions that assume First Nations are “claimants” in our own lands and that treat First Nations as somehow lacking sovereignty. The assumptions and impacts of these racist doctrines must be uprooted. The path forward will require Canada to acknowledge the truth of our pre-existing and continuing sovereignty as self-determining peoples. |
AFN National Chief Perry Bellegarde
|The Assembly of First Nations remains deeply concerned about the contemporary ramifications of the doctrine of discovery and other discriminatory practices. Now is the time for Canada to finally and formally end any reliance on the doctrine of discovery. The AFN recommends that Canada take the following steps: |
1. Acknowledge that this doctrine has had and continues to have devastating consequences for Indigenous peoples worldwide, including First Nations in Canada;
2. Reject doctrines of superiority as illegal and immoral, and affirm that they can never be a justification for the exploitation and subjugation of Indigenous peoples and the violation of human rights;
3. In full partnership with First Nations, examine how Canadian history, laws, practices and policies have relied on the doctrine of discovery;
4. Repudiate all doctrines of superiority in a legislative framework for implementation of the United Nations Declaration on the Right of Indigenous Peoples, developed together with Indigenous peoples;
5. Reinterpret Canadian law in a manner consistent with the United Nations Declaration on the Right of Indigenous Peoples and other contemporary international human rights standards;
6. Ensure that the violation of First Nations’ rights to lands, territories and resources that were taken without their free, prior, and informed consent are effectively redressed; and
7. Ensure that the doctrine is not in any manner invoked in contemporary court cases or negotiations. http://www.afn.ca/wp-content/uploads/2018/02/18-01-22-Dismantling-the-Doctrine-of-Discovery-EN.pdf