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superseded general legislation.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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