A/HRC/27/52/Add.2
49.
In addition, there have been a number of actions in recent years that have been
viewed as affronting the aspired-to partnership relationship between First Nations and the
Government. For example, the prioritization of the First Nations Financial Transparency
Act, in a context in which indigenous governments are already the most overreporting level
of government, has been perceived by First Nations to reinforce a negative stereotype of
aboriginal people and governments as incompetent and corrupt, and to undermine rather
than promote public support for indigenous self-government. Also, the unilateral changes to
contribution agreements in 2013, without consultation regarding the wording and
implications of these new agreements, included language which in other circumstances
would appear innocuous, but which has been widely interpreted by First Nations to imply
that receipt of their necessary operating funds was contingent on providing their consent to
unspecified future legislative and regulatory changes.
50.
Another example of actions that have strained the relationship between indigenous
peoples and the Government is the international border arrangement put in place for the
Akwesasne reserve, which spans the border between Canada and the United States of
America, after the community objected to border guards carrying firearms on their reserve.
Since the border station was moved, Mohawk residents of the reserve travelling entirely
within their own territory but across the international boundary are required to leave their
reserve and report to border services at the station. Failure to report in this manner may
result in onerous fines, confiscation of vehicles and in some cases imprisonment. Mohawk
residents perceive this arrangement as a punitive measure in response to the community’s
activism.
51.
More broadly, indigenous leaders complain that the federal Government frequently
uses a discourse of responsibility to Canadian taxpayers for the cost of First Nations treaty
benefits, without a corresponding acknowledgement of the vast economic benefits that have
accrued to non-indigenous Canadians as a result of the constitutional treaty relationships
that provided them with access to the national territory. This discourse places First Nations
outside, and in opposition to, “Canadian” interests, rather than understanding indigenous
people to be an integral aspect of those interests.
5.
Membership
52.
A key issue that affects the self-governance capacity of First Nations is the Indian
Act definition of who qualifies as a “status” or “registered” Indian. Like other Canadians,
First Nations individuals have often built families with partners from different
backgrounds. Unlike for other Canadians, however, for many First Nations individuals,
doing so carries serious consequences for their children’s ability to stay in their community
as adults. This in turn has significant consequences for First Nations’ ability to retain
diverse economic skills, since those most likely to “marry out” are those who have lived
outside the community to gain education or experience.
53.
While the Indian Act permits First Nations the option of making their own
membership rules, many benefits follow statutorily defined status under the Indian Act, not
membership. They include on-reserve tax exemptions, estate rules, certain payments and
post-secondary education support and, perhaps most importantly, federally funded onreserve housing. This makes it difficult in practice for First Nations to enable non-status
members to live on reserve, including children who have grown up on reserve and know no
other home.
54.
Those distinctions, compounded by two levels of status under the Indian Act, have
the practical effect of imposing different classes of First Nation citizenship, within a
convoluted regulatory matrix, regardless of the criteria or collective decisions of the First
Nation. To simplify, under the Indian Act, 6(1) status is accorded to children with two
status Indian parents (or to children with a status Indian father and a white mother who
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