Sunday, May 18, 2008

How to Offload Crown Consultation Obligations on First Nations-Create a New Relationship Fund

This week Minister Bryant made yet another unilateral announcement,
creating a new relationship fund [aka pacification fund]. The fund, if we believe the spin, grows
out of the Ipperwash recommendations and creates a $25 million fund to
help aboriginal communities hire lawyers and other technical advisers to "level
the playing field" in treaty and business negotiations with Ottawa, the
province and resource firms.

If we want to level the field how about some reparations for past
losses like those claimed by the Whitefish First Nation or maybe actually delivering on the promise to create the increasingly
elusive revenue sharing. But I digress.

The announcement surprised the Ipperwash implementation committee and
hoodwinked COO's Angus Toulouse into looking simply foolish by appearing
at a Bryant presser to endorse this "step in the right direction."

Let's set aside the fact that the BC Fund Bryant's bureaucrats copied
had $100 million and an independent board for now.

How will this bait and switch fund work?

Premise.Crown has non-delegable consultation duty.
Latest Scam. Resource shows up with another "exciting" economic
development opportunity on your territory.
Reasonable Response. First Nation calls upon Crown to meet consultation
obligation.
Crown reply. Apply to your First Nation Consultation Fund for
Funding.
Conclusion. When things inevitably go wrong we can blame it on a First
Nation institution. Once again First Nations administer their own
Oppression.

Heaven forbid that the Crown actually have to show up in a First Nation
community and discharge the duty face to face.

Bait and Switch

First Nation Ipperwash Implementation process created (the bait) to meet public relations requirements and to counter negative publicity on aboriginal file, then unilateral new relationship fund announced (the switch), thus bypassing the objective of involving First Nations in implementing Ipperwash recommendations.