Union of New Brunswick Indians Presentation on Indigenous Populations, Palais Des Nations, August 1-5, 1988, by Graydon Nicholas, President
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DOCUMENT: NWBRNSWK.TXT
UNION OF NEW BRUNSWICK INDIANS
Presentation
on
Indigenous Populations
Palais Des Nations
Geneva, Switzerland
August 1-5, 1988
By
Graydon Nicholas,
President
1. With respect to "recent developments" in Canada, I would like
to bring the following matters to the attention of the Working
Group.
2. The Government of Canada continues to impose policies and
conditions without the consent of the MicMac & Maliseet Nations
that I represent. The following are examples:
(a) LAND CLAIM NEGOTIATIONS:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
On March 17, 1988, Mr. Bill McKnight, Minister of Indian Affairs,
informed the Tobique Reserve that the Federal Government would
abandon negotiations on the unlawful alienation of over 12,000
acres of land since 1892. The Government's lack of good faith,
honesty and integrity gives the Tobique Reserve little choice but
to litigate and sue the Government for their breach of trust. Such
intolerable conduct of the Government of Canada must be revealed
to the world community.
(b) NON-RECOGNITION OF INDIAN LAWS:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Very recently the Government of Canada tabled legislation entitled
Bill C-122. which would designate our laws and membership codes
into the same category as rules of social clubs. At great expense,
we have used the legal system and the Courts have ruled in favor
of our laws as being specific legislation. Such legislation has
superseded general legislation. Our laws on fishing have overruled
the federal fishery laws and regulations. Our citizens continue to
be prosecuted for alleged violations of the federal legislation.
It is our hope that such federal initiatives such as Bill C-122
will be reversed.
(c) SOCIAL POLICY
~~~~~~~~~~~~~~~~~
The Government of Canada has tried to impose the Child Welfare
Policies of the Provincial Government onto our citizens. The
Provincial policies are in direct conflict with our culture, our
languages and values. Such federal initiatives are in direct
violation of the U.N. Convention on the Prevention and Punishment
of the Crime of Genocide. Article 11, (e) which states as follows:
"In the present Convention, genocide means any of
the following acts committed with intent to destroy,
in whole or in part, a national, ethnical, racial or re-
ligious group, as such:
(e) Forcibly transferring Children of the group to an-
other group."
The Canadian policy is not in recognition of our Nations' rights
to determine our own policies to serve the needs of our citizens.
(d) FISCAL POLICY:
~~~~~~~~~~~~~~~~~~
The Government of Canada in 1985 enacted a program to reduce
expenditure on their lawful obligations to our Nations. The
Government has been rewarding the public servants by giving them
bonuses out of the funds saved in lieu of spending the monies.
This has resulted in hardships in social services, education,
health and other services. Such a policy makes us victims at the
expense of political gains of the Government. These recent
developments are only a glimpse of many more being imposed upon
our Indian Nations without proper consultation, consent and
approval. This has to stop.
With respect to the Government's recent statements on Treaties, in
Geneva during the winter session, I disagree whole heartedly with
their actions. There are Treaties between the MicMac and Maliseet
Nations and the Crown. In the third session of this Working Group
in 1984, we referred to our Treaties of 1725, 1752, 1778 and 1779,
The Supreme Court of Canada in the case of SIMON v THE QUEEN. 23
C.C.C. (3d) 238, upheld the Treaty of 1752, as being valid,
binding and into effect. It upheld the right to hunt as recognized
and guaranteed in the Treaty of 1752. The Court upheld an earlier
decision of what constitutes a Treaty on page 257 as,
"Treaty is not a word of art... it embraces all such
engagements made by persons in authority as may
be brought within the term "the word of the white
man" the sanctity of which was, at the time of British
exploration and settlement, the most important means
of obtaining the good will and cooperation of the native
tribes and ensuring that the colonists would be protected
form death and destruction. On such assurance the Indians
relied."
[R. v White & Bob (1964), 50 D.L.R. (2d) 613 at 648-49]
There was a similar ruling on the Treaty of 1725 by the New
Brunswick Court of Queen's Bench on April 8, 1988, in a case
entitled The Queen v. Paul & Polchies, which followed the Simon
case. Our Treaties are alive; Our Treaties are real and binding on
the Government of Canada. Our Treaties were signed and executed by
Nations and are international instruments.
Finally the Government of Canada continues to deny our right to
Self-Determination. They refuse to recognize our MicMac and
Maliseet Nations to exist as a "People". This is tantamount as an
act of Genocide. Our existence comes from our Creator who created
us to be a "people". Our Nationhood and sovereignty cannot be
destroyed, alienated and legislated into extinguishment. We are
alive, our Nations are alive, and we'll continue in our struggle
and quest to obtain international status. The Holy Father, Pope
John Paul 11, on his second visit to Canada on September 20, 1987,
stated as follows:
'Let me recall that, at the dawn of the Church's presence
in the new world, my predecessor, Pope Paul 111, pro-
claimed in 1537 the rights of the native peoples of those
times. He affirmed their dignity, defended their freedom
and asserted that they could not be enslaved or deprived
of their goods or ownership. That has always been the
Church's position. My presence among you today makes
my reaffirmation and reassertion of that teaching."
The MicMac and Maliseet Nations would ask the various Nations
gathered here to support and advance our rights.
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