Defending the Land and

Protecting the Water

North of the Medicine Line
By Russell Diabo
Keeping the Homefires Burning 40th Anniversary Event
November 10, 2017 We-Ko-Pa Resort, Yavapai Nation
European Contact & Change
Early Peace & Friendship Treaties
The Doctrine of Consent
War of 1812
FATHERS OF COLONIZATION
First legislative Assembly July 1, 1867
 Federal Powers Section 91
Public Debt and Property
Regulation of Trade/Commerce
Direct/Indirect Taxation
Defence
Navigation/Shipping
Sea Coast and Inland Fisheries
Ferries (interprovincial/ international)
Currency, Banking /Incorporation of Banks/Paper Money
Bankruptcy
Patents, Copyrights
Indians & lands reserved for the Indians
Citizenship, Marriage/Divorce
Criminal law, including Criminal Procedure
 Provincial Powers Section 92
Direct Taxation within Province
Management/Sale of Public Lands belonging to Province
Prisons, Hospitals
Municipalities
Formalization of Marriage
Property and Civil Rights
Administration of Civil/Criminal Justice
Education
Incorporation of Companies
Natural Resources
Matters of a merely local or private nature
INDIAN ACT
1969 WHITE PAPER ON
INDIAN POLICY
 1969 White Paper Proposals
Eliminate Indian Status.
Dissolve the Department of Indian Affairs within 5 years.
Abolish the Indian Act & remove section 91.24.
Convert reserve land to private property that can be
sold by the band or its members.
Transfer responsibility for Indian Affairs from the federal
government to the province and integrate these services
into those provided to other Canadian citizens.
Provide funding for economic development.
Appoint a commissioner to address outstanding land
claims and gradually terminate existing Treaties.
CONSTITUTION ACT 1982
Constitution Acts 1867-1982

Sec.
Sec. 35
91.24
Supreme Court of Canada:
The Judges
Comprehensive Claims Settlements
 Comprehensive Claims &
Self-Government Negotiations
Prime Minister Justin Trudeau with Ministers
of Indigenous-Crown Relations & Justice
 Trudeaus Major 2015
Indigenous Platform Promises

Nation-to-Nation Process
National Reconciliation Framework
Enact the 94 TRC recommendations, including
adoption of UNDRIP.
Recognize and respect Aboriginal title & rights
in accordance with Canadas Constitutional
obligations, and further those enshrined in
UNDRIP.
 Trudeaus Major 2015 Indigenous Platform
Promises
Undertake a full review of regulatory law, policies,
and operational practices, in full partnership and
consultation with First Nations to ensure that the
Crown is fully executing its consultation,
accommodation, and consent obligations, including
on resource development and energy infrastructure
project reviews and assessments, in accordance
with our constitutional and international human
rights obligations.
United Nations Declaration on the Rights of
Indigenous Peoples
 Selected Articles of UNDRIP
Article 3 Right to Self-Determination.
Article 10 No forced removal w/o FPIC.
Article 19 FPIC required before legislation/administration
measures.
Article 26 Rights to lands, territories, resources.
Article 27 Fair process jointly developed to adjudicate rights to
lands, territories, resources.
Article 32 FPIC required for and development affecting lands,
territories, resources.
Article 37 Rights from Treaties, agreements, constructive
arrangements.
 AFN-Canada Memorandum of
Understanding on Joint Priorities
 Federal Review of Environmental &
Regulatory Processes
Environmental Assessment Processes
CEAA 2012
Fish Habitat Protection Fisheries Act
National Energy Board Modernization -
Structure, Role, Mandate
Navigation [Waters] Protection Act
2017-11-07 INET 25
 International Trade Agreements
EXISTING:
World Trade Organization (WTO)
North America Free Trade Agreement (NAFTA)
PROPOSED
Trans-Pacific Partnership (TPP)
Bilateral Trade Agreements

2017-11-07 INET 26
Trans-Pacific Partnership

2017-11-07 INET 27
 Purpose of Trade Agreements
Give access and benefits to our land to the
international corporation
Sacrifice State sovereignty to corporate power
Make Indigenous rights subject to international trade
agreements
What can we do?
No more free trade with indigenous lands and
resources.
2017-11-07 INET 28
 Economic Leverage
Aboriginal
& Treaty
Rights

Corporate
Rights
2017-11-07 INET 29
 Jim Carr, Federal Minister of Natural
Resources Threatens Force on Pipelines
If people choose for their own
reasons not to be peaceful, then the
government of Canada, through its
defence forces, through its police
forces, will ensure that people will be
kept safe,
We have a history of peaceful
dialogue and dissent in Canada. Im
certainly hopeful that that tradition
will continue. If people determine for
their own reasons that thats not the
path they want to follow, then we live
under the rule of law. Dec. 1, 2016
 Anti-Terrorism Act 2015 (New Bill C-59)
2. activity that undermines the security of Canada
means any activity, including any of the following
activities, if it undermines the sovereignty, security or
territorial integrity of Canada or the lives or the
security of the people of Canada:
(f) interference with critical infrastructure;
For greater certainty, it does not include [peaceful]
advocacy, protest, dissent and artistic expression.
 Previous Security-Intelligence Operations on
Indigenous Peoples
Federal Hot-Spot Monitoring (2006-?)
Aboriginal Joint Intelligence Group G7-G20. (2010)
Project SITKA. Written in early 2015, the report says Project SITKA was
designed by the RCMP to focus on providing a snapshot of individual
threats associated with Aboriginal public order events for the year 2014 as
well as map out the potential networks among Native groups, identify
protesters and events they attended.
The espionage network includes the RCMP, the Canadian Security
Intelligence Service (CSIS), along with the National Energy Board (NEB),
Canada Border Services Agency (CBSA) and departments of Public Safety,
Natural Resources, Transport, Indigenous Affairs and Defence. It also
involves provincial police, such as the Sret du Qubec and Ontario
Provincial Police (OPP), as well as some municipal police forces.
 Conclusion
Trudeau government is developing a Canadian Definition of UNDRIP to re-
colonize Indigenous Peoples with racist, colonial laws and termination
policies.
Trade Agreements like NAFTA will impact on Indigenous Inherent, Aboriginal
& Treaty Rights because of federal interpretations of the constitution.
Trudeau government hasnt mentioned lands, territories & resources,
federal land claims & self-government policies are written to help the
provinces clear Aboriginal Title and place Federal & Provincial jurisdiction
over Indigenous Peoples.
Indigenous Land Defenders & Water Protectors not only have the burden of
proof on them, but section 35 Aboriginal & Treaty rights can be justifiably
infringed for development deemed a priority by the Crown, such as Site C
Dam in BC and the Kinder-Morgan Pipeline. Past experience shows Security
& Intelligence Agencies are Monitoring & Developing Individual Profiles for
Future Action.