WHAT IS CANADA’S FIRST NATIONS
TERMINATION PLAN?
Presented By
Russell Diabo
Turning the Tables – Self-Determination NOY Termination
August 18, 2014
Pre-European Contact
 Our Creation stories place us here on
Turtle Island, which is the North American
continent.
 We were given our original instructions
by the Creator on how to live within the
natural World on Mother Earth.
 Whatever Indigenous Nation we come
from we have Inherent rights, pre-existing
rights and responsibilities!
Parts of Presentation
Our Common Colonial History
What is Termination?
What are Termination Tables &
Who is Negotiating?
What Can You Do?
Our Common Colonial
History
Canada’s Racist Colonial
Origins
Canada bases its
territorial integrity and
assertion of sovereignty
over Indigenous (First)
Nations by continuing to
rely on the racist and
outdated notion of the
Doctrine of Discovery.
Early European Contact and
Settlement
 Our first encounters with European explorers,
priests, traders and early settlers at forts was
the start of the historic colonization process.
They referred to all of us regardless of our
Indigenous Nationhood or identity as
“Indians”.
 Because Europeans were greatly
outnumbered by Indigenous Nations for the
first 300 years in what has become Canada,
representatives of European sovereigns
negotiated treaties of peace. Friendship,
economic and military alliances.
Pre-Confederation Canada:
A British Colony
 By 1850, settlement was proceeding and
“Indians” were increasingly seen as a
barrier to development and a burden to
the colonial treasury, assimilation and
civilization became central to
government objectives in early laws.
 Increasingly the spirit and terms of the
Treaty relationship were contradicted
and ignored.
1867-Canada’s First
Constitution & Indian Act
 At Confederation, the federal
government became responsible for
“Indians and Lands reserved for Indians”
through s.91(24) of the British North
America Act, 1867.
 Existing Indian legislation was
consolidated by the government in the
Indian Act of 1876. This Act embodied all
of the contradictions of previous
legislation-protection vs. assimilation.
 THIS IS THE ORIGINAL TERMINATION PLAN!
INDIAN ACT
Chrétien and Trudeau
1969 WHITE PAPER ON
INDIAN POLICY
CONSTITUTION ACT 1982
Supreme Court of Canada:
The Judges
END OF MEECH LAKE
ACCORD 1990
1990 ARMY IN KAHNAWAKE
Liberal Government’s
1993-2006
Crown-First Nations
Gathering
AFN-PM MEETING
January 11, 2013
What Is Termination?
Constitutional Colonization
vs. Decolonization
Sec.
91.24
Sec. 35
Canada’s Termination Plan
 Termination means the ending of the
pre-existing sovereign status & rights
of Indigenous Nations through federal
Indian Act legislation (as amended),
and/or coercion of First Nations into
Comprehensive Land Claims and/or
Self-Government Final Agreements
that convert First Nations into
municipalities, their reserves into fee
simple lands and extinguishment of
their Inherent, Aboriginal and Treaty
Rights.
United States Indian
Termination Policy
 Canada’s First Nations Termination Plan mirrors
the United State’s Termination Policy.
 “Indian termination was the policy of the United
States from the mid-1940s to the mid-1960s. The
belief was that Native Americans would be
better off if assimilated as individuals into
mainstream American society.”
 “In practical terms, the policy terminated the U.S.
government's recognition of sovereignty of tribes,
trusteeship of Indian reservations, and exclusion
of Indians from state laws. Native Americans
were to become subject to state and federal
taxes as well as laws, from which they had
previously been exempt.” [Wikipedia]
TERMINATION PLAN
The Harper government is
implementing a First Nations
Termination Plan through two tracks:
1) a “Modern” amended Indian Act;
and/or through;
2) Self-Government/Comprehensive
Claims Final Agreements.
TERMINATION PLAN
 Getting First Nations consent to the
extinguishment (modification) of
Aboriginal Title;
 Getting First Nations sign-off on the
legal release of Crown liability for
past violations of Aboriginal Title &
Rights;
 Getting First Nations acceptance of
the elimination of Indian Reserves by
accepting lands in fee simple;
 Getting First Nations acceptance to
removing on-reserve tax exemptions;
TERMINATION PLAN
 Getting First Nations to respect existing
Private Lands/Third Party Interests (and
therefore alienation of Aboriginal Title
territory without compensation);
 Getting First Nations to accept (to be
assimilated into) existing federal &
provincial orders of government;
 Getting First Nations to accept
application of Canadian Charter of
Rights & Freedoms over governance &
institutions in all matters;
 Getting First Nations to accept Funding
on a formula basis being linked to own
source revenue;
Cash & Land
Cash & Land: The
Comprehensive Claims
Formula: $25,600 per
head 9.3 Hectares (23
acres) per head
What are the Termination
Tables & Who Is
Negotiating?
Comprehensive Claims Settlements
Comprehensive Claims &
Self-Government
Negotiations
Comprehensive Land Claims
& Self-Government Tables
Turning the Tables: What
Can You Do?
Getting Started!
You can start by getting directly
involved in the Idle No
More/Defenders of the Land
Turning the Tables Campaign. SelfDetermination NOT Termination!
The federal Termination
Legislation/Policies will negatively
impact on the majority of First
Nation citizens, households,
communities and nations.
Inform Yourself!
 STEP ONE: INFORM YOURSELF. Find out if your
community is at a Termination Table.
 Find out what position (if any) your Chief &
Council, Tribal Chair, Heads of First Nation
Organizations, AFN Regional Vice-Chief, has
taken on the federal First Nations Suite of
Legislation and/or Termination Policies.
 Get more information and read it. If you
don’t understand it find someone in your
community who can help you understand it.
Various First Nation organizations are giving
out info on the threats these new federal
laws/policies pose for First Nations peoples.
Organize Yourself!
 STEP TWO: ORGANIZE YOURSELF AND OTHERS.
Start networking and dialoging among family
members, other concerned community
members and other First Nation citizens,
communities and organizations about the
impacts of the Termination legislation and/or
policies.
 Form working-groups, distribute the info by
photocopying, faxing, e-mail or social media if
you have access to it. Think about events to
make your views known to the wider public,
maybe fund-raisers to cover costs of activities.
 Link up with non-First Nations allies/supporters
where possible!
Prepare Material for Media
& Public
 STEP THREE: PREPARE MATERIALS FOR MEDIA &
PUBLIC DISTRIBUTION. Try to get someone with
media or public relations experience involved
in helping to develop materials, or use
materials and advice from other First Nations
peoples and organizations. Prepare positive
messages to counter the negative federal
smear campaign underway; monitor and
respond to negative and/or erroneous media
reports; identify key spokespeople; develop
media contacts; hold press
briefings/conferences; don’t forget to contact
both aboriginal and non-aboriginal media to
make yourself heard.
Take Action!
 STEP FOUR: TAKE PEACEFUL ACTIONS.
Remember your message will be received
and perceived better if you don’t resort to
violence. Some suggested non-violent
actions to take:
 Letter writing, faxing, e-mail & social media
campaigns Directed to Prime Minister
Harper, Minister of Aboriginal Affairs
Canada, Bernard Valcourt, SCAANDNR
Members, federal Conservative M.P.’s and
Senators, with copies to the New
Democratic Party, Liberal Party of Canada,
and your local/regional First Nation offices,
including AFN in Ottawa.
Take Action!
 Get your Chief & Council, Tribal Council,
Regional and/or Treaty organization to
pass a resolution opposing the federal
Termination legislation and/or policies.
INM-DOL can help prepare sample
resolutions and info kits. Send copies of
resolutions to the Idle No More Website
for compilation and distribution.
 Coordinate with local law enforcement
while planning peaceful actions
involving demonstrations at local federal
governments offices, offices of federal
M.P.’s and Senators or elsewhere.
Take Action!
 Contact the opposition Party Leaders
and Aboriginal Affairs critics of the New
Democratic Party and the Liberal Party
and send them your information.
 It’s up to you to turn the tables on
Canada’s First Nations Termination Plan!
 If the Plan is successful it will be difficult if
not impossible to reverse the
consequences and impacts on the daily
lives of First Nation Peoples for
generations to come. This Plan is more
devastating than the original Indian Act
was-join our efforts to stop it!