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“Indian Industry” cronyism

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From the Frontier Centre for Public Policy

By Brian Giesbrecht

So, if the huge marginalized and dependent indigenous underclass does not benefit from all that money that changes hands inside the Indian Industry who is benefiting?

Former Justice Minister David Lametti’s departure from government and immediate acceptance into an expensive law firm that makes millions from indigenous issues is a recent example of what has long been called “The Indian Industry” at work.

It is unknown who first coined the term “The Indian Industry.” Many indigenous and non-indigenous writers have used the term over the decades. Indigenous author, Calvin Helin made liberal use of the term in “Dances With Dependency” as did Cree writer, Harold Johnson, in “Firewater- How Alcohol is Killing My People”

However, it was Frances Widdowson and Albert Howard’s important 2009  book “Disrobing The Aboriginal Industry” that first examined the Indian Industry in detail.

The authors chose to use the term “Aboriginal Industry”, perhaps for reasons of politeness, but they are describing the Indian Industry. They tell in detail  how extensive it has become in Canada. Entire universities, law firms and virtually all Canadian institutions have become largely dependent on the money sloshing around within it. Almost all of that money comes in one way or another from taxpayers.

But they note the supreme irony that the Indian Industry is not improving the lot of the very people it is supposed to be helping – Canada’s marginalized and dependent indigenous underclass:

“Despite the billions of dollars devoted to aboriginal causes, Native people in Canada continue to suffer all the symptoms of a marginalized existence – high rates of substance abuse, violence, poverty. Disrobing the Aboriginal Industry argues that the policies proposed to address these problems – land claims and self government – are in fact contributing to their entrenchment.”

However, “Disrobing” was written in 2009, and since the Trudeau Liberals took over in 2015 the money flowing into the Indian Industry has increased dramatically in volume. In fact, that money flow, and the enormous indigenous contingent liabilities that now total $76,000,000,000 are growing so quickly – seven times higher since Trudeau took over – that the parliamentary budget officer has raised the alarm. Canada’s economic future is being compromised.

It isn’t only indigenous contingent liabilities – money owed for indigenous claims – that have grown so alarmingly, it is all indigenous spending. Reports from the Fraser Institute keep track of the shocking increases in total indigenous spending since the Trudeau Liberals took power. It is fair to say that the truly frightening federal government deficits in recent years occurred largely because of this extra indigenous spending.

And it isn’t only the largesse of the Trudeau government that has dumped money into the Indian Industry. Since 2015 it has also been the residential school bonanza. Clever lobbyists have been able to extract tens of billions of dollars from taxpayers by making highly exaggerated claims that residential schools were places of horror, where priests tortured, murdered and secretly buried thousands of indigenous children. These claims are nonsense. Although it is completely true that the residential school system was deeply flawed, and that many indigenous children were badly hurt by their residential school experience, it is also true that many received educations they would otherwise have been denied. But, more to the point, there is no evidence that even one child was murdered, or secretly buried during the entire history of residential schools. Despite that, baseless claims of clandestine deaths and secret burials have worked very well for everyone involved in the Indian Industry. Residential schools have become the Indian Industry’s single biggest money earner.

But, as Widdowson and Howard noted years ago, the Indian Industry has done nothing to solve what has always been called Canada’s “Indian problem” – namely that the great majority of Canada’s indigenous people remain far behind the mainstream on every social indicator. They are the least healthy, worst educated, most incarcerated, shortest living of any demographic by far.

They were that way before 2015, and they remain that way now. The Indian Industry, and the astounding amounts of money poured into it since 2015 haven’t changed those depressing numbers one bit.

A recent CBC investigative report on the dismal conditions at the St. Theresa Point reserve in Manitoba is a case in point. It is one of Canada’s hundreds of totally dependent reserves. Families there of as many as 23 people per house live in dilapidated housing, in a community that is almost totally unemployed and dependent. The increased money flow since 2015 appears to have only made dependency and all of its related problems – addiction, crime, domestic violence – worse.

So, if the huge marginalized and dependent indigenous underclass does not benefit from all that money that changes hands inside the Indian Industry who is benefiting?

It is people like David Lametti and Perry Bellegarde, and their law firms, universities, etc. – none of whom need special help.

And here is the second irony: The Indian Industry feeds on the human misery on display at communities like St. Theresa Point.

It needs that misery to continue to keep the money flowing.

This is not to suggest that any of the people and institutions that are part of it are deliberately perpetuating poverty, or doing anything illegal. They aren’t. They are simply picking up all of the free money our elected representatives and courts throw into the Indian Industry every day. They pick it up because we put it there.

It is probably not fair to single out David Lametti and Perry Bellegarde for their participation in this obscene waste of taxpayer money that is the Indian Industry. They are just two of many enterprising such people who have come before them, and many who will come after them. They probably convince themselves that they are doing something useful. They aren’t. They are part of an Indian Industry that fleeces taxpayers, while pretending to be solving the indigenous underclass problem, while making it worse. At a certain point, will Canadians grow tired of this game?

Because it has become abundantly clear that the federal indigenous policy that has developed over decades is a total failure. While privileged indigenous people who don’t need special attention are benefitting spectacularly, the indigenous people who do need the help are becoming more helpless and dependent all the time. The huge increase in the money dumped into uneconomic communities, like St. Theresa Point, is making things worse, not better. It is keeping young people, who should be moving to job centres, trapped in hopeless communities.

Renowned American economist and philosopher Thomas Sowell argues convincingly that simply giving money to chronically dependent people makes things worse, not better. I’m sure that Mr. Lametti and Mr. Bellegarde don’t want that to happen, but it is. And it is the Indian Industry that is making them wealthy that is doing it.

At some point the entire Indian Industry, with its racist Indian Act and brutal reserve system, will come to an end. Indigenous people living on Indian reserves now comprise only 1% of the Canadian population. Despite high birth rates on reserves, more and more reserve residents are moving away from them. By most measures only 25-40% of status Indians now live on reserves, and that percentage steadily falls.

Meanwhile, immigrants are steadily flowing into Canada. According to some estimates, Canada might have a population of 100 million by the end of the century. The percentage of the population living on reserves will become far less than 1%. Maintaining a completely separate system and bureaucracy for one tiny segment of the population will make less and less sense – especially to those millions of new Canadians, who don’t feel that they owe any special debt to indigenous people.

But while this natural process works itself out, the Indian Industry, now armed with the deeply divisive United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), is doing permanent damage to the country. We see that process now playing out in British Columbia, where their provincial version of UNDRIP- DRIPA – is wreaking havoc on their natural resources industry. It has become not only a virtual indigenous veto on any mining, pipeline or development project, it is now directly threatening basic landowner rights. In what is much like Chicago during the days of the Mafia, indigenous leaders all demand their “cut” before any project can proceed. This harmful process is spreading all across Canada, now that Canada has foolishly adopted UNDRIP.

And, in what is a perfect illustration of how the Indian Industry works, Perry Bellegard, as AFN Grand Chief, lobbied the government to bring in UNDRIP, David Lamerti, as Justice Minister, brought it in, and now Bellegrde and Lametti and their law firm benefit from it financially. Meanwhile, the taxpayer pays, and the marginalized and dependent indigenous majority remains marginalized and dependent.

Isn’t it time to end this farce? People who need education, and assistance to move to job centres should get that help. But pretending that making privileged people like David Lametti and Perry Bellegarde wealthier by dumping endless amounts of cash into Indian Industry cronyism is somehow good for indigenous people is nuts.

It isn’t. It’s bad for them, and it’s bad for Canada.

Brian Giesbrecht, retired judge, is a Senior Fellow at the Frontier Centre for Public Policy.

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Frontier Centre for Public Policy

Christmas: As Canadian as Hockey and Maple Syrup

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From the Frontier Centre for Public Policy

By Gerry Bowler

Well, they’re at it again. A year after a Canadian Human Rights Commission position paper labeled Christmas “discriminatory” and an example of “colonialist religious intolerance”, an Alberta public school has cancelled a winter concert because marking Christmas isn’t inclusive enough. The principal of Whitecourt’s Pat Hardy Elementary stated, “Not all students celebrate Christmas, and their families may or may not choose to have them participate in the Christmas concert. Other families celebrate Christmas as a religious holiday but do not want children engaging in the non-religious parts such as Santa, Christmas trees, etc.” It was suggested that a spring concert might be more inclusive, presumably on the theory that no one gets too worked up about the vernal equinox.

The principal’s actions are scarcely news; for years schools and public officials have been reluctant to stage any activity around the celebration of the Nativity. “Christmas concerts” have been relabelled or cancelled; “Christmas trees” have been termed the “Holiday Tree.” Or a “Care Tree.” A “Multicultural Tree.” A “Tree of Lights.” A “Community Tree.” A “Winter Solstice Tree.” A “Grand Tree.” A “Special Tree.” A “Family Tree.” The “Annual Tree.” A “Festive Bush.” A “Unity Tree.” A “Culture Tree.” Activists in Saskatoon objected to city buses displaying a “Merry Christmas” wish; a Toronto judge ordered a Christmas tree removed from the courthouse lest it makes non-Christians feel unwelcome; inspired by the American school that mandated that the lyrics to “Silent Night” be changed to “Silent Night, mmm, mmm, mmm, / All is calm, all is bright, mmm, mmm, mmm”, a principal at an Ottawa school excised the C-word from the ditty “Silver Bells”. Thus: “Ring-a-ling, hear them sing; Soon it will be a festive day.”

There are several ways of dealing with this perennial issue. One is to remove religion from the public square altogether – that would certainly suit the secular fundamentalists – another is to play the majoritarian card and insist that since Christians outnumber other faith communities their will should hold sway. Some might want to dilute any mention of Christianity from the season while others might wish to include every other religion’s holy days on the school calendar.

I have a solution to this seasonal dilemma. It is to adopt the attitude taken by leaders of racial and religious minorities in Canada when asked if they are offended by mentions of Christmas. Their invariable answer is, of course not, Christmas is an integral part of Canadian culture.

Christmas is indeed Canadian, as native to our land as Hockey Night in Canada, Stompin’ Tom Connors, or pineapple on pizza. It has been Canadian longer than poutine, mediocre socialized healthcare, or the last time Toronto won the Stanley Cup. The Vikings who found a home in Newfoundland a thousand years ago likely celebrated Christmas, and there’s no doubt that the holiday has been observed for half a millennium by later European settlers.

Though a current American politician may regard Canada as the 51st state and a current Canadian politician may opine that we are a post-national entity with no core identity, Canada, over the centuries, has developed a unique Christmas culture. We have beautiful carols of our own – “D’où Viens-Tu Bergère?”, the “Huron Carol” (“Jesus Ahatonia”), the first ever written in a North American indigenous language, and J.P. Clarke’s 1853 “A Canadian Christmas Carol”– not to mention secular seasonal music such as “Voici Le Père Noël Qui Nous Arrive” by the legendary Mary Bolduc, the melancholy “River” by Joni Mitchell, Bob and Doug Mackenzie’s take on “The Twelve Days of Christmas” and the immortal “Honky the Christmas Goose,” as sung by Johnny Bower (the last Leaf goalie to win a Stanley Cup).

We have unique Christmas foods – the taffy pull on St Catherine’s day, the tourtière of the revéillon, rapee pie, cipâte, butter tarts, Nanaimo bars, ragoût de pattes, “chicken bones,” and “barley toys.”

Though Santa Claus has his own Canadian postal code (H0H 0H0), we do not count him as a citizen, but we do have our own native Gift-Bringer in the form of Mother Goody (also known as Aunt Nancy or Mother New Year).

Canada can boast the first Christmas tree in North America, the custom introduced by Baroness Frederika von Riedesel whose husband Baron Friedrich Adolphus von Riedesel had brought 4,000 German Brunswicker soldiers in 1776 to protect Canada from American invasion. The first department store Santa was employed in Fredericton, New Brunswick, in 1869. Our post office issued the world’s first Christmas stamp in 1898. Eaton’s department store in Toronto staged the first Santa Claus parade in 1905.

Only in Canada can we see mummers of all sorts at Christmas – Janneys, Ownshooks, Fools, Belsnicklers, and Naluyuks; only in Canada do door to-door canvassers under the guise of “la guignolée” solicit donations to charity while singing a song threatening to torture the oldest daughter of the house.

So the next time objections are raised to the appearance of Christmas in the public square, simply state that it’s a long-standing Canadian custom, sanctified by time and universal practice, as deeply embedded in our culture as the red maple leaf. It’s what we do. Canadians do Christmas.

 

Gerry Bowler, historian, is a Senior Fellow at the Frontier Centre for Public Policy

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False Claims, Real Consequences: The ICC Referrals That Damaged Canada’s Reputation

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From the Frontier Centre for Public Policy

By Nina Green

The University of Manitoba has not provided the name of a single Indian residential school student who went missing and whose parents did not know at the time what had happened to their child. Not one.

Why has Canada twice been referred to the International Criminal Court on the basis of false claims about Indian residential schools?

The answer is simple.

The ultimate cause is the University of Manitoba’s National Student Memorial which falsely claims that it is a list of students who died on the premises of Indian residential schools and students who went missing from Indian residential schools. The University of Manitoba site tells users to:

Click on a region below to see a list of residential schools. Each residential school page contains a list of students who died or went missing at that school.

Those claims by the University of Manitoba are not true.

Firstly, the majority of the 4139 students currently on the University of Manitoba’s Student Memorial Register did not die on the premises of an Indian residential school. Most died elsewhere, as established by the Truth and Reconciliation Commission report entitled Missing Children and Unmarked Burials, which is in Table 4. Location of residential school deaths, 1867–2000 on page 21 states that only 423 named students died on the premises of an Indian residential school over the course of 133 years, an average of 3 students a year.

Thus, the majority of students did not die on the premises of Indian residential schools. They died elsewhere – in public hospitals or of illness or accidents on their home reserves, accidents which included house fires, drownings, gunshot wounds, vehicle accidents, falling trees, being hit by trains, and other accidental deaths, as established in hundreds of provincial death certificates.

Secondly, none of the students on the University of Manitoba’s lists went missing from an Indian residential school. To date, the University of Manitoba has not provided the name of a single Indian residential school student who went missing and whose parents did not know at the time what had happened to their child. Not one. And far from being ‘missing’, in fact hundreds of provincial death certificates establish that the students were buried on their home reserves by their families and communities.

Based on the University of Manitoba’s misleading lists, the media and the federal government uncritically accepted the false claim by the Kamloops Band on 27 May 2021 that the Band had discovered ‘the remains of 215 children’. After three years, the Band downgraded that false claim on 18 May 2024 to the claim that it had merely discovered ‘215 anomalies’, which could be anything, and are almost certainly the remains of the 2000 linear feet of trenches of a septic field installed in 1924 to dispose of the school’s sewage.

The first referral to the International Criminal Court by a group of 22 lawyers

Only a few days after the Kamloops Band made its false claim, on 3 June 2021 a group of 22 lawyers sent a 14-page complaint to the ICC requesting the Prosecutor to initiate an investigation of a ‘mass grave’ of Indian residential school students which had been discovered at Kamloops. The claim by the 22 lawyers that a ‘mass grave’ had been discovered at Kamloops was, of course, false.

The International Criminal Court quickly declined jurisdiction in November 2021, and on 13 September 2022 Dr Chile Eboe-Osuji, former President and Judge of the International Criminal Court, informed Special Interlocutor Kimberly Murray and those present at her National Gathering in Edmonton of the reasons for doing so. As reported by Chief Derek Nepinak, Dr Eboe-Osuji stated unequivocally that:

There is no pathway to the International Criminal Court for the situation of the historical Indian residential school system in Canada.

Dr Eboe-Osuji’s presentation has never been made available on the Special Interlocutor’s website, and requests to both Kimberly Murray and Dr Eboe-Osuji for a copy of his presentation have gone unanswered.

The second referral to the International Criminal Court by Special Interlocutor Kimberly Murray

Undeterred by the ICC’s refusal to accept jurisdiction and the reasons offered by Dr Eboe-Osuji in his presentation to her 13 September 2022 National Gathering, Kimberly Murray pursued the issue based on the University of Manitoba’s lists falsely claiming that all the students on its lists died on the premises of specific Indian residential schools or went missing from those schools.

On 29 October 2024, Kimberly Murray delivered her final report to Minister of Justice Arif Virani. However, as she told the Senate Standing Committee on Indigenous Peoples on 27 November 2024, Kimberly Murray also sent her report to the International Criminal Court, requesting Canada’s prosecution by the Court.

How the ICC will react to Kimberly Murray’s referral of Canada for prosecution is as yet unknown.

Damage to Canada’s international reputation

Canada’s reputation has been irreparably damaged by these two referrals to the International Criminal Court based on the University of Manitoba’s National Student Memorial which falsely claims that it is a list of students who died on the premises of specific residential schools or went missing from those specific schools.

It cannot be reiterated often enough:

(1) that most students whose names are on the University of Manitoba’s National Student Memorial did not die on the premises of a residential school;

(2) that most students on the University of Manitoba’s National Student Memorial died in public hospitals or of illness and accidents on their home reserves;

(3) that the University of Manitoba has never provided the name of a single student who ever went missing from an Indian residential school whose parents didn’t know what happened to their child; and

(4) that the majority of students whose names are on the University of Manitoba’s National Student Memorial were buried by their families and communities on their home reserves. Over time, their families and communities have forgotten them, and through neglect of the grave markers, no longer know where in their reserve cemeteries they are buried.

The University of Manitoba’s National Student Memorial has misled Canadians and has resulted in two referrals of Canada for prosecution by the International Criminal Court based on false claims about ‘mass graves’ and ‘missing’ and ‘disappeared’ Indian residential school students.

The federal government and the Catholic Church must demand that the University of Manitoba take down its false and misleading National Student Memorial.

Nina Green is an independent researcher who lives in British Columbia.

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