At the end of December, Carolyn Bennett, the new federal minister of indigenous and northern affairs announced the government was restoring funding to and ceasing legal action against bands that had not complied with the First Nations Accountability Act.
Like any competent politician, Bennett took credit for this action as part of the Liberal election platform to establish “a renewed, nation-to-nation relationship with indigenous peoples.”
That may indeed be partially true, but in fact, even if she had not wanted to, she was obligated to because during the election-that-would-not-end a federal court justice in Saskatoon ruled that is exactly what the government had to do.
This was based on a legal challenge brought by the Onion Lake Cree Nation—which owns the Castle Building Centre here in Yorkton—and four other Saskatchewan and Alberta bands.
In addition to ordering cessation of attempts to force compliance with the Transparency Act, Justice Robert Barnes chastised the former government for unilaterally imposing the Transparency Act and a “failure to consult” with First Nations, i.e., for being paternalistic.
Of course, that court ruling and Bennett’s announcement were met with scorn by the Canadian Taxpayers Federation (CTF).
“This government was elected on a promise to improve transparency and accountability, and this decision does exactly the opposite,” said Aaron Wudrick, CTF federal director. “A law without consequence for non-compliance is a toothless law. As such, soon many First Nations people across the country will again be in the dark as to how their elected leaders spend public dollars.”
We, in the media, have a bit of a love affair with the CTF because it can always be counted on to provide a counterpoint to any liberal idea. That is because it is an ultra-partisan lobby group with strong roots in the Reform Party and Canadian Alliance and close ties with the current Conservative Party of Canada.
Fair enough, but again, Wudrick’s statement smacks of both a disingenuous concern for “First Nations people” and paternalism.
The fact of the matter is, First Nations funding is not a gift from Canadian taxpayers, it is constitutional and treaty obligation of one government to another, of one people to another.
Frankly, what they do with the money is none of our business. In addition to the constitutional and treaty rights to financial transfers, they also have a right to self-government.
Furthermore, it does not matter how much money they make on their own. Some bands, such as Onion Lake, run extremely successful businesses. That does not change their entitlement to federal funding.
They are not accountable to us. Our government is accountable to us and must be transparent in what they do with our money, but that does not trickle down to First Nations bands.
As a matter of principle, their chiefs and councils should be transparent and accountable to their people.
Does corruption exist? Of course, just as it does at all levels of our governments.
Should we be concerned on their behalf? Of course we should, just as we are concerned about human rights and refugees and health problems abroad.
Should we help them to achieve a higher level of responsibility, accountability and transparency? Of course we should, but not as a parent to a child.
This is what the current government has planned.
“I have been asked to undertake, along with my colleague the Minister of Justice and Attorney General of Canada, and in full partnership and consultation with First Nations, Inuit, and the Métis Nation, a review of the laws to ensure that the Crown is fully executing its obligations in accordance with its constitutional and international [treaty] obligations,” Bennett said.
“These initial steps will enable us to engage in discussions on transparency and accountability that are based on recognition of rights, respect, co-operation, and partnership and that build towards a renewed, nation-to-nation relationship with Indigenous Peoples.”
We really must get over our paternalistic attitude toward First Nations. So far, the new government is making a good start of it; non-indigenous Canadians ought to as well.
