1
LAW COURTS OR LAND CLAIMS? SILENCE NO MORE High Expenses or Extinguishment for Aboriginal Title and Rights Andy Crosby “Negotiation leads to ex- tinguishment,” according to Indigenous policy advisor Russ Diabo in a lecture deliv- ered to the Carleton Univer- sity community on Feb. 5. The presentation, “Federal Comprehensive Claims Poli- cy vs. Recognition of Aborigi- nal Title and Rights,” laid out the diametrically opposed positions of the Canadian government and Aboriginal communities regarding In- digenous sovereignty over tra- ditional territories. “I say versus because it’s not about recognition, it’s about extinguishment termi- nation of [Aboriginal] title and rights,” said Diabo. Diabo examined the his- tory of the Canadian govern- ment’s Comprehensive Land Claims Policy (CLCP) back to the 1969 White Paper on Indian Policy, which sought to eliminate Indian status, abolish the Indian Act, con- vert reserve land to private property, and gradually ter- minate existing Treaties. Almost 50 years later, lit- tle has changed. The key tenets of the pres- ent government’s policies are the extinguishment of Ab- original title, legal release of Crown liability, elimination of reserves, removal of on- reserve tax exemptions, and the respect of third party in- terests (industry and private property holders). The Supreme Court’s 2014 Tsilhqot’in decision reaffirmed earlier Supreme Court cases such as the 1997 Delgamuukw decision which affirmed Aboriginal title and rights. In response, the Harper government issued an in- terim policy entitled, “Re- newing the Comprehensive Land Claims Policy: Towards a Framework for Address- ing Section 35 Aboriginal Rights.” According to Diabo, this policy is a mere restatement of “previous federal section 35 policies regarding extin- guishment of Aboriginal title and municipalization of In- dian Bands.” However, the Tsilhqot’in decision also found that “the claimant group bears the onus of establishing Aborigi- nal title.” “I take issue with that,” said Diabo, referring to the Tsilhqot’in decision as “dan- gerous.” “If you have Aboriginal title, the burden of proof is on you to prove it,” he said. “It’s expensive and will cost millions of dollars.” The government’s inter- pretation is, “You haven’t proved it, you’re merely asserting it,” according to Diabo. “You have to go to court or negotiate and the only avenue of negotiation is the Comprehensive Claims Process.” In the question and an- swer portion, a student in the audience questioned whether or not there was a third way, direct action, out- side of the courts or negotiat- ing tables. Diabo responded that communities have to be incredibly organized to run sustained direct action cam- paigns. He gave the example of the Algonquins of Barriere Lake who were organized and had lawyers present dur- ing their blockades of High- way 117 north of Ottawa in 2008. The government’s re- sponse was to deploy riot po- lice to attack the blockades, as well as send in helicopters to make arrests when timber operations were being block- aded in the forest. “If the feds feel your de- mands aren’t reasonable, they’ll remind you that there are limits to assertions of sovereignty.” Furthermore, the govern- ment continues to expand its tool box in dealing with those defending land and as- serting sovereignty. Recently leaked RCMP documents sound the alarm on a “highly organized and well-financed, anti-Canadian petroleum movement that consists of peaceful activists, militants and violent extremists.” “The Bill C-51 anti-terror- ism legislation creates more tools to protect critical in- frastructure,” said Diabo. “It doesn’t just apply to radical Muslims, but to Indigenous peoples and their supporters threatening resource projects such as pipelines.” Russell Diabo Photo: Peter Di Gangi 4 The Leveller vol 7, no 5, February/March 2015 www.leveller.ca

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  • 4 The Leveller vol 7, no 5, February/March 2015 www.leveller.ca

    NEWS

    Is the ivory tower the new home of playground bullies?

    Not in the Syllabus- Graduate Student Mental Health Campaign

    To all graduate students at Carleton,

    Have you ever witnessed or experienced belittling or degrading behaviour at Carleton? Verbal abuse? Yelling? Homophobic, racist, sexist or xenophobic remarks? Ever felt anxious or fearful to encounter a particular professor, staff member or colleague? Ever had a colleague tell you they felt that way?

    Mental health is a serious issue affecting all students, but what can we do about it? The GSA has helped to launch a graduate student-specic mental health campaign, Not in the Syllabus, and wed like you to take part.

    Our survey asks graduate students to identify and describe incidents related to bullying, harassment and mental health issues that they have either personally experienced or witnessed at their institutions. Your participation is greatly appreciated. The information collected will help shape the rest of the campaign and has the potential to positively impact future graduate students, both across Ontario and specically at Carleton University.

    Complete the survey: notinthesyllabus.ca

    If youre interested in knowing more about the survey or want to help promote it to your peers and colleagues, email [email protected], or contact GSA VP Academic Michael Bueckert ([email protected]).

    Not in the Syllabus is a joint project of the Canadian Federation of Students-Ontario, the Public Service Alliance of Canada Ontario and the Ontario University Workers Coordinating Committee of CUPE. All information provided is condential, anonymous, and secure.

    Tuesday, Feb 3rd at noon 600 UC - ScienceThursday, Feb 5th at noon 600 UC - Arts and Social ScienceTuesday Feb 10 at 1pm 2017 Dunton- International StudentsWednesday Feb 25 at noon 600 UC - Engineering and Design

    Wednesday March 4 at noon 600 UC- Public Affairs and Business

    Come eat free pizza and have an open discussion about issues facing

    graduate students

    Is the ivory tower the new home of playground bullies?

    Not in the Syllabus- Graduate Student Mental Health Campaign

    To all graduate students at Carleton,

    Have you ever witnessed or experienced belittling or degrading behaviour at Carleton? Verbal abuse? Yelling? Homophobic, racist, sexist or xenophobic remarks? Ever felt anxious or fearful to encounter a particular professor, staff member or colleague? Ever had a colleague tell you they felt that way?

    Mental health is a serious issue affecting all students, but what can we do about it? The GSA has helped to launch a graduate student-specic mental health campaign, Not in the Syllabus, and wed like you to take part.

    Our survey asks graduate students to identify and describe incidents related to bullying, harassment and mental health issues that they have either personally experienced or witnessed at their institutions. Your participation is greatly appreciated. The information collected will help shape the rest of the campaign and has the potential to positively impact future graduate students, both across Ontario and specically at Carleton University.

    Complete the survey: notinthesyllabus.ca

    If youre interested in knowing more about the survey or want to help promote it to your peers and colleagues, email [email protected], or contact GSA VP Academic Michael Bueckert ([email protected]).

    Not in the Syllabus is a joint project of the Canadian Federation of Students-Ontario, the Public Service Alliance of Canada Ontario and the Ontario University Workers Coordinating Committee of CUPE. All information provided is condential, anonymous, and secure.

    Tuesday, Feb 3rd at noon 600 UC - ScienceThursday, Feb 5th at noon 600 UC - Arts and Social ScienceTuesday Feb 10 at 1pm 2017 Dunton- International StudentsWednesday Feb 25 at noon 600 UC - Engineering and Design

    Wednesday March 4 at noon 600 UC- Public Affairs and Business

    Come eat free pizza and have an open discussion about issues facing

    graduate students

    LAW COURTS OR LAND CLAIMS?

    SILENCE NO MORE

    High Expenses or Extinguishment for Aboriginal Title and Rights

    Speaking out against violence faced by Indigenous women and children

    Andy Crosby

    Negotiation leads to ex-tinguishment, according to Indigenous policy advisor Russ Diabo in a lecture deliv-ered to the Carleton Univer-sity community on Feb. 5.

    The presentation, Federal Comprehensive Claims Poli-cy vs. Recognition of Aborigi-nal Title and Rights, laid out the diametrically opposed positions of the Canadian government and Aboriginal communities regarding In-digenous sovereignty over tra-ditional territories.

    I say versus because its not about recognition, its about extinguishment termi-nation of [Aboriginal] title and rights, said Diabo.

    Diabo examined the his-tory of the Canadian govern-ments Comprehensive Land Claims Policy (CLCP) back to the 1969 White Paper on Indian Policy, which sought to eliminate Indian status, abolish the Indian Act, con-vert reserve land to private property, and gradually ter-minate existing Treaties.

    Almost 50 years later, lit-tle has changed.

    The key tenets of the pres-ent governments policies are the extinguishment of Ab-original title, legal release of Crown liability, elimination of reserves, removal of on-reserve tax exemptions, and the respect of third party in-terests (industry and private property holders).

    The Supreme Courts

    2014 Tsilhqotin decision reafrmed earlier Supreme Court cases such as the 1997 Delgamuukw decision which afrmed Aboriginal title and rights.

    In response, the Harper government issued an in-terim policy entitled, Re-newing the Comprehensive Land Claims Policy: Towards a Framework for Address-ing Section 35 Aboriginal Rights.

    According to Diabo, this policy is a mere restatement of previous federal section 35 policies regarding extin-guishment of Aboriginal title and municipalization of In-dian Bands.

    However, the Tsilhqotin decision also found that the claimant group bears the onus of establishing Aborigi-nal title.

    I take issue with that, said Diabo, referring to the Tsilhqotin decision as dan-gerous.

    If you have Aboriginal title, the burden of proof is on you to prove it, he said. Its expensive and will cost millions of dollars.

    The governments inter-pretation is, You havent proved it, youre merely asserting it, according to Diabo. You have to go to court or negotiate and the only avenue of negotiation is the Comprehensive Claims Process.

    In the question and an-swer portion, a student in the audience questioned

    whether or not there was a third way, direct action, out-side of the courts or negotiat-ing tables. Diabo responded that communities have to be incredibly organized to run sustained direct action cam-paigns.

    He gave the example of the Algonquins of Barriere Lake who were organized and had lawyers present dur-ing their blockades of High-way 117 north of Ottawa in 2008. The governments re-sponse was to deploy riot po-lice to attack the blockades, as well as send in helicopters to make arrests when timber operations were being block-aded in the forest.

    If the feds feel your de-mands arent reasonable, theyll remind you that there are limits to assertions of sovereignty.

    Furthermore, the govern-ment continues to expand its tool box in dealing with those defending land and as-serting sovereignty. Recently leaked RCMP documents sound the alarm on a highly organized and well-nanced, anti-Canadian petroleum movement that consists of peaceful activists, militants and violent extremists.

    The Bill C-51 anti-terror-ism legislation creates more tools to protect critical in-frastructure, said Diabo. It doesnt just apply to radical Muslims, but to Indigenous peoples and their supporters threatening resource projects such as pipelines.

    Matt Cicero stonesandsticksandwords.wordpress.com

    A group of 25 people gathered at the University of Ottawa to listen to grass-roots Indigenous activists reect on the ongoing crisis of missing and murdered Indigenous women in Canada as part of the larger #shutdowncanada move-ment on Feb. 13.

    The teach-in was a part of #shutdowncanada, a national day of action em-phasizing direct action and a diversity of tactics. The In-digenous Peoples Solidarity Movement Ottawa, a grass-roots Indigenous solidar-ity collective, and Carleton

    student Amanda Milson collaborated to organize the teach-in.

    The decision to orga-nize a teach-in rather than a direct action was made to respect concerns that a di-rection action might draw attention away from the work done by Indigenous women and two-spirits to receive justice for the miss-ing and murdered and their families, according to event organizers.

    The event began with a prayer by a Cree elder, Mary-Lou Iahtail. Her daughter, the events main speaker Jocelyn Iahtail, shared her struggle and activism against gender-based violence. She spoke about the loss of

    her unborn daughter, how she was beaten by her ex-husband and the threats of violence she faced after pub-licly denouncing the incest, sexual abuse and corruption in her community.

    Through it all she em-phasized the importance of returning to Waska Pima-tisiwaywin, or the circle way of being. Returning to Was-ka Pimatisiwaywin means relearning and reinvigorat-ing traditional teachings, Indigenous knowledge, and Indigenous language and culture.

    Iahtail also emphasized the deep impact of inter-generational child warfare genocide, a form of trans-

    Russell Diabo Photo: Peter Di Gangi

    CONTINUED ON RIGHT

    4 The Leveller vol 7, no 5, February/March 2015 www.leveller.ca

    NEWS

    Is the ivory tower the new home of playground bullies?

    Not in the Syllabus- Graduate Student Mental Health Campaign

    To all graduate students at Carleton,

    Have you ever witnessed or experienced belittling or degrading behaviour at Carleton? Verbal abuse? Yelling? Homophobic, racist, sexist or xenophobic remarks? Ever felt anxious or fearful to encounter a particular professor, staff member or colleague? Ever had a colleague tell you they felt that way?

    Mental health is a serious issue affecting all students, but what can we do about it? The GSA has helped to launch a graduate student-specic mental health campaign, Not in the Syllabus, and wed like you to take part.

    Our survey asks graduate students to identify and describe incidents related to bullying, harassment and mental health issues that they have either personally experienced or witnessed at their institutions. Your participation is greatly appreciated. The information collected will help shape the rest of the campaign and has the potential to positively impact future graduate students, both across Ontario and specically at Carleton University.

    Complete the survey: notinthesyllabus.ca

    If youre interested in knowing more about the survey or want to help promote it to your peers and colleagues, email [email protected], or contact GSA VP Academic Michael Bueckert ([email protected]).

    Not in the Syllabus is a joint project of the Canadian Federation of Students-Ontario, the Public Service Alliance of Canada Ontario and the Ontario University Workers Coordinating Committee of CUPE. All information provided is condential, anonymous, and secure.

    Tuesday, Feb 3rd at noon 600 UC - ScienceThursday, Feb 5th at noon 600 UC - Arts and Social ScienceTuesday Feb 10 at 1pm 2017 Dunton- International StudentsWednesday Feb 25 at noon 600 UC - Engineering and Design

    Wednesday March 4 at noon 600 UC- Public Affairs and Business

    Come eat free pizza and have an open discussion about issues facing

    graduate students

    Is the ivory tower the new home of playground bullies?

    Not in the Syllabus- Graduate Student Mental Health Campaign

    To all graduate students at Carleton,

    Have you ever witnessed or experienced belittling or degrading behaviour at Carleton? Verbal abuse? Yelling? Homophobic, racist, sexist or xenophobic remarks? Ever felt anxious or fearful to encounter a particular professor, staff member or colleague? Ever had a colleague tell you they felt that way?

    Mental health is a serious issue affecting all students, but what can we do about it? The GSA has helped to launch a graduate student-specic mental health campaign, Not in the Syllabus, and wed like you to take part.

    Our survey asks graduate students to identify and describe incidents related to bullying, harassment and mental health issues that they have either personally experienced or witnessed at their institutions. Your participation is greatly appreciated. The information collected will help shape the rest of the campaign and has the potential to positively impact future graduate students, both across Ontario and specically at Carleton University.

    Complete the survey: notinthesyllabus.ca

    If youre interested in knowing more about the survey or want to help promote it to your peers and colleagues, email [email protected], or contact GSA VP Academic Michael Bueckert ([email protected]).

    Not in the Syllabus is a joint project of the Canadian Federation of Students-Ontario, the Public Service Alliance of Canada Ontario and the Ontario University Workers Coordinating Committee of CUPE. All information provided is condential, anonymous, and secure.

    Tuesday, Feb 3rd at noon 600 UC - ScienceThursday, Feb 5th at noon 600 UC - Arts and Social ScienceTuesday Feb 10 at 1pm 2017 Dunton- International StudentsWednesday Feb 25 at noon 600 UC - Engineering and Design

    Wednesday March 4 at noon 600 UC- Public Affairs and Business

    Come eat free pizza and have an open discussion about issues facing

    graduate students

    LAW COURTS OR LAND CLAIMS?

    SILENCE NO MORE

    High Expenses or Extinguishment for Aboriginal Title and Rights

    Speaking out against violence faced by Indigenous women and children

    Andy Crosby

    Negotiation leads to ex-tinguishment, according to Indigenous policy advisor Russ Diabo in a lecture deliv-ered to the Carleton Univer-sity community on Feb. 5.

    The presentation, Federal Comprehensive Claims Poli-cy vs. Recognition of Aborigi-nal Title and Rights, laid out the diametrically opposed positions of the Canadian government and Aboriginal communities regarding In-digenous sovereignty over tra-ditional territories.

    I say versus because its not about recognition, its about extinguishment termi-nation of [Aboriginal] title and rights, said Diabo.

    Diabo examined the his-tory of the Canadian govern-ments Comprehensive Land Claims Policy (CLCP) back to the 1969 White Paper on Indian Policy, which sought to eliminate Indian status, abolish the Indian Act, con-vert reserve land to private property, and gradually ter-minate existing Treaties.

    Almost 50 years later, lit-tle has changed.

    The key tenets of the pres-ent governments policies are the extinguishment of Ab-original title, legal release of Crown liability, elimination of reserves, removal of on-reserve tax exemptions, and the respect of third party in-terests (industry and private property holders).

    The Supreme Courts

    2014 Tsilhqotin decision reafrmed earlier Supreme Court cases such as the 1997 Delgamuukw decision which afrmed Aboriginal title and rights.

    In response, the Harper government issued an in-terim policy entitled, Re-newing the Comprehensive Land Claims Policy: Towards a Framework for Address-ing Section 35 Aboriginal Rights.

    According to Diabo, this policy is a mere restatement of previous federal section 35 policies regarding extin-guishment of Aboriginal title and municipalization of In-dian Bands.

    However, the Tsilhqotin decision also found that the claimant group bears the onus of establishing Aborigi-nal title.

    I take issue with that, said Diabo, referring to the Tsilhqotin decision as dan-gerous.

    If you have Aboriginal title, the burden of proof is on you to prove it, he said. Its expensive and will cost millions of dollars.

    The governments inter-pretation is, You havent proved it, youre merely asserting it, according to Diabo. You have to go to court or negotiate and the only avenue of negotiation is the Comprehensive Claims Process.

    In the question and an-swer portion, a student in the audience questioned

    whether or not there was a third way, direct action, out-side of the courts or negotiat-ing tables. Diabo responded that communities have to be incredibly organized to run sustained direct action cam-paigns.

    He gave the example of the Algonquins of Barriere Lake who were organized and had lawyers present dur-ing their blockades of High-way 117 north of Ottawa in 2008. The governments re-sponse was to deploy riot po-lice to attack the blockades, as well as send in helicopters to make arrests when timber operations were being block-aded in the forest.

    If the feds feel your de-mands arent reasonable, theyll remind you that there are limits to assertions of sovereignty.

    Furthermore, the govern-ment continues to expand its tool box in dealing with those defending land and as-serting sovereignty. Recently leaked RCMP documents sound the alarm on a highly organized and well-nanced, anti-Canadian petroleum movement that consists of peaceful activists, militants and violent extremists.

    The Bill C-51 anti-terror-ism legislation creates more tools to protect critical in-frastructure, said Diabo. It doesnt just apply to radical Muslims, but to Indigenous peoples and their supporters threatening resource projects such as pipelines.

    Matt Cicero stonesandsticksandwords.wordpress.com

    A group of 25 people gathered at the University of Ottawa to listen to grass-roots Indigenous activists reect on the ongoing crisis of missing and murdered Indigenous women in Canada as part of the larger #shutdowncanada move-ment on Feb. 13.

    The teach-in was a part of #shutdowncanada, a national day of action em-phasizing direct action and a diversity of tactics. The In-digenous Peoples Solidarity Movement Ottawa, a grass-roots Indigenous solidar-ity collective, and Carleton

    student Amanda Milson collaborated to organize the teach-in.

    The decision to orga-nize a teach-in rather than a direct action was made to respect concerns that a di-rection action might draw attention away from the work done by Indigenous women and two-spirits to receive justice for the miss-ing and murdered and their families, according to event organizers.

    The event began with a prayer by a Cree elder, Mary-Lou Iahtail. Her daughter, the events main speaker Jocelyn Iahtail, shared her struggle and activism against gender-based violence. She spoke about the loss of

    her unborn daughter, how she was beaten by her ex-husband and the threats of violence she faced after pub-licly denouncing the incest, sexual abuse and corruption in her community.

    Through it all she em-phasized the importance of returning to Waska Pima-tisiwaywin, or the circle way of being. Returning to Was-ka Pimatisiwaywin means relearning and reinvigorat-ing traditional teachings, Indigenous knowledge, and Indigenous language and culture.

    Iahtail also emphasized the deep impact of inter-generational child warfare genocide, a form of trans-

    Russell Diabo Photo: Peter Di Gangi

    CONTINUED ON RIGHT

    4 The Leveller vol 7, no 5, February/March 2015 www.leveller.ca

    NEWS

    Is the ivory tower the new home of playground bullies?

    Not in the Syllabus- Graduate Student Mental Health Campaign

    To all graduate students at Carleton,

    Have you ever witnessed or experienced belittling or degrading behaviour at Carleton? Verbal abuse? Yelling? Homophobic, racist, sexist or xenophobic remarks? Ever felt anxious or fearful to encounter a particular professor, staff member or colleague? Ever had a colleague tell you they felt that way?

    Mental health is a serious issue affecting all students, but what can we do about it? The GSA has helped to launch a graduate student-specic mental health campaign, Not in the Syllabus, and wed like you to take part.

    Our survey asks graduate students to identify and describe incidents related to bullying, harassment and mental health issues that they have either personally experienced or witnessed at their institutions. Your participation is greatly appreciated. The information collected will help shape the rest of the campaign and has the potential to positively impact future graduate students, both across Ontario and specically at Carleton University.

    Complete the survey: notinthesyllabus.ca

    If youre interested in knowing more about the survey or want to help promote it to your peers and colleagues, email [email protected], or contact GSA VP Academic Michael Bueckert ([email protected]).

    Not in the Syllabus is a joint project of the Canadian Federation of Students-Ontario, the Public Service Alliance of Canada Ontario and the Ontario University Workers Coordinating Committee of CUPE. All information provided is condential, anonymous, and secure.

    Tuesday, Feb 3rd at noon 600 UC - ScienceThursday, Feb 5th at noon 600 UC - Arts and Social ScienceTuesday Feb 10 at 1pm 2017 Dunton- International StudentsWednesday Feb 25 at noon 600 UC - Engineering and Design

    Wednesday March 4 at noon 600 UC- Public Affairs and Business

    Come eat free pizza and have an open discussion about issues facing

    graduate students

    Is the ivory tower the new home of playground bullies?

    Not in the Syllabus- Graduate Student Mental Health Campaign

    To all graduate students at Carleton,

    Have you ever witnessed or experienced belittling or degrading behaviour at Carleton? Verbal abuse? Yelling? Homophobic, racist, sexist or xenophobic remarks? Ever felt anxious or fearful to encounter a particular professor, staff member or colleague? Ever had a colleague tell you they felt that way?

    Mental health is a serious issue affecting all students, but what can we do about it? The GSA has helped to launch a graduate student-specic mental health campaign, Not in the Syllabus, and wed like you to take part.

    Our survey asks graduate students to identify and describe incidents related to bullying, harassment and mental health issues that they have either personally experienced or witnessed at their institutions. Your participation is greatly appreciated. The information collected will help shape the rest of the campaign and has the potential to positively impact future graduate students, both across Ontario and specically at Carleton University.

    Complete the survey: notinthesyllabus.ca

    If youre interested in knowing more about the survey or want to help promote it to your peers and colleagues, email [email protected], or contact GSA VP Academic Michael Bueckert ([email protected]).

    Not in the Syllabus is a joint project of the Canadian Federation of Students-Ontario, the Public Service Alliance of Canada Ontario and the Ontario University Workers Coordinating Committee of CUPE. All information provided is condential, anonymous, and secure.

    Tuesday, Feb 3rd at noon 600 UC - ScienceThursday, Feb 5th at noon 600 UC - Arts and Social ScienceTuesday Feb 10 at 1pm 2017 Dunton- International StudentsWednesday Feb 25 at noon 600 UC - Engineering and Design

    Wednesday March 4 at noon 600 UC- Public Affairs and Business

    Come eat free pizza and have an open discussion about issues facing

    graduate students

    LAW COURTS OR LAND CLAIMS?

    SILENCE NO MORE

    High Expenses or Extinguishment for Aboriginal Title and Rights

    Speaking out against violence faced by Indigenous women and children

    Andy Crosby

    Negotiation leads to ex-tinguishment, according to Indigenous policy advisor Russ Diabo in a lecture deliv-ered to the Carleton Univer-sity community on Feb. 5.

    The presentation, Federal Comprehensive Claims Poli-cy vs. Recognition of Aborigi-nal Title and Rights, laid out the diametrically opposed positions of the Canadian government and Aboriginal communities regarding In-digenous sovereignty over tra-ditional territories.

    I say versus because its not about recognition, its about extinguishment termi-nation of [Aboriginal] title and rights, said Diabo.

    Diabo examined the his-tory of the Canadian govern-ments Comprehensive Land Claims Policy (CLCP) back to the 1969 White Paper on Indian Policy, which sought to eliminate Indian status, abolish the Indian Act, con-vert reserve land to private property, and gradually ter-minate existing Treaties.

    Almost 50 years later, lit-tle has changed.

    The key tenets of the pres-ent governments policies are the extinguishment of Ab-original title, legal release of Crown liability, elimination of reserves, removal of on-reserve tax exemptions, and the respect of third party in-terests (industry and private property holders).

    The Supreme Courts

    2014 Tsilhqotin decision reafrmed earlier Supreme Court cases such as the 1997 Delgamuukw decision which afrmed Aboriginal title and rights.

    In response, the Harper government issued an in-terim policy entitled, Re-newing the Comprehensive Land Claims Policy: Towards a Framework for Address-ing Section 35 Aboriginal Rights.

    According to Diabo, this policy is a mere restatement of previous federal section 35 policies regarding extin-guishment of Aboriginal title and municipalization of In-dian Bands.

    However, the Tsilhqotin decision also found that the claimant group bears the onus of establishing Aborigi-nal title.

    I take issue with that, said Diabo, referring to the Tsilhqotin decision as dan-gerous.

    If you have Aboriginal title, the burden of proof is on you to prove it, he said. Its expensive and will cost millions of dollars.

    The governments inter-pretation is, You havent proved it, youre merely asserting it, according to Diabo. You have to go to court or negotiate and the only avenue of negotiation is the Comprehensive Claims Process.

    In the question and an-swer portion, a student in the audience questioned

    whether or not there was a third way, direct action, out-side of the courts or negotiat-ing tables. Diabo responded that communities have to be incredibly organized to run sustained direct action cam-paigns.

    He gave the example of the Algonquins of Barriere Lake who were organized and had lawyers present dur-ing their blockades of High-way 117 north of Ottawa in 2008. The governments re-sponse was to deploy riot po-lice to attack the blockades, as well as send in helicopters to make arrests when timber operations were being block-aded in the forest.

    If the feds feel your de-mands arent reasonable, theyll remind you that there are limits to assertions of sovereignty.

    Furthermore, the govern-ment continues to expand its tool box in dealing with those defending land and as-serting sovereignty. Recently leaked RCMP documents sound the alarm on a highly organized and well-nanced, anti-Canadian petroleum movement that consists of peaceful activists, militants and violent extremists.

    The Bill C-51 anti-terror-ism legislation creates more tools to protect critical in-frastructure, said Diabo. It doesnt just apply to radical Muslims, but to Indigenous peoples and their supporters threatening resource projects such as pipelines.

    Matt Cicero stonesandsticksandwords.wordpress.com

    A group of 25 people gathered at the University of Ottawa to listen to grass-roots Indigenous activists reect on the ongoing crisis of missing and murdered Indigenous women in Canada as part of the larger #shutdowncanada move-ment on Feb. 13.

    The teach-in was a part of #shutdowncanada, a national day of action em-phasizing direct action and a diversity of tactics. The In-digenous Peoples Solidarity Movement Ottawa, a grass-roots Indigenous solidar-ity collective, and Carleton

    student Amanda Milson collaborated to organize the teach-in.

    The decision to orga-nize a teach-in rather than a direct action was made to respect concerns that a di-rection action might draw attention away from the work done by Indigenous women and two-spirits to receive justice for the miss-ing and murdered and their families, according to event organizers.

    The event began with a prayer by a Cree elder, Mary-Lou Iahtail. Her daughter, the events main speaker Jocelyn Iahtail, shared her struggle and activism against gender-based violence. She spoke about the loss of

    her unborn daughter, how she was beaten by her ex-husband and the threats of violence she faced after pub-licly denouncing the incest, sexual abuse and corruption in her community.

    Through it all she em-phasized the importance of returning to Waska Pima-tisiwaywin, or the circle way of being. Returning to Was-ka Pimatisiwaywin means relearning and reinvigorat-ing traditional teachings, Indigenous knowledge, and Indigenous language and culture.

    Iahtail also emphasized the deep impact of inter-generational child warfare genocide, a form of trans-

    Russell Diabo Photo: Peter Di Gangi

    CONTINUED ON RIGHT