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Frontier Centre for Public Policy

The Smallwood solution

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From the Frontier Centre for Public Policy

By Brian Giesbrecht

All Canadians deserve decent housing, and indigenous people have exactly the same legal right to house ownership, or home rental, as any other Canadian. That legal right is zero.

$875,000 for every indigenous man, woman and child living in a rural First Nations community. That is approximately what Canadian taxpayers will have to pay if a report commissioned by the Assembly of First Nations (AFN) is accepted. According to the report 349 billion dollars is needed to provide the housing and infrastructure required for the approximately 400,000 status Indians still living in Canada’s 635 or so First Nations communities. ($349,000,000,000 divided by 400,000 = ~$875,000).

St Theresa Point First Nation is typical of many of such communities. It is a remote First Nation community in northern Manitoba. CBC recently did a story about it. One person interviewed was Christina Wood, who lives in a deteriorating house with 23 family members. Most other people in the community live in similar squalor. Nobody in the community has purchased their own house, and all rely on the federal government to provide housing for them. Few people in the community have paid employment. Those that do have salaries that come in one way or another from the taxpayer.

But St. Theresa Point is a growing community in the sense that birth rates are high, and few people have the skills or motivation needed to be successfully employed in Winnipeg, or other job centres. Social pathologies, such as alcohol and other drug addictions are rampant in the community. Suicide rates are high.

St. Theresa Point is one of hundreds of such indigenous communities in Canada. This is not to say that all such First Nations communities are poor. In fact, some are  wealthy. Those lucky enough to be located in or near Vancouver, for example, located next to oil and gas, or on a diamond mine do very well. Some, like Chief Clarence Louis’ Osoyoos community have successfully taken advantage of geography and opportunity and created successful places where employed residents live rich lives.

Unfortunately, most are not like that. They look a lot more like St. Theresa Point. And the AFN now says that 350 billion dollars are needed to keep those communities going.

Meanwhile, all of Canada is in the grip of a serious housing crisis. There are many causes for this, including the massive increase in new immigrants, foreign students and asylum seekers, all of whom have to live somewhere. There are various proposals being considered to respond to this problem. None of those plans come anywhere near to suggesting that $875,000 of public funds should be spent on every Canadian man, woman or child who needs housing. The public treasury would not sustain such an assault.

All Canadians deserve decent housing, and indigenous people have exactly the same legal right to house ownership, or home rental, as any other Canadian. That legal right is zero. Our constitution does not give Canadians – indigenous or non-indigenous- any legal right to publicly funded home ownership, or any right to publicly funded rental property. And no treaty even mentions housing. In all cases it is assumed that Canadians – indigenous and non-indigenous – will provide for themselves. This is the brutal reality. We are on our own when it comes to housing. There are government programs that assist low income people to buy or rent homes, but they are quite limited, and depend on a person qualifying in various ways.

But indigenous people do not have any preferred right to housing. The chiefs and treaty commissioners who signed the treaties expected indigenous people to provide for their own housing in exactly the same way that all other Canadians were expected to provide for their own housing. In fact, the treaty makers, chiefs and treaty commissioners – assumed that indigenous people would support themselves just like every other Canadian. There was no such thing as welfare then.

Our leaders today face difficult decisions about how to spend limited public funds to try and help struggling Canadians find adequate housing in which to raise their families, and get to and from their places of employment. Indigenous Canadians deserve exactly as much help in this regard as everyone else. Finding sensible, affordable ways to do this is vitally important if Canada is to thrive.

And one of hundreds of these difficult and expensive housing decisions our leaders must deal with now is how to respond to this new demand for 350 billion dollars – a demand that would result in indigenous Canadians receiving hundreds of times more housing help than other Canadians.

Our leaders know that authorising massive spending like that in uneconomic communities is completely unfair to other Canadians – for one thing doing so means that there would be no money left for urban housing assistance. They also know that pouring massive amounts of money into uneconomic, dysfunctional communities like St. Theresa’s Point – the “unguarded concentration camps” Farley Mowat described long ago- only keeps generations of young indigenous people locked in hopeless dependency.

In short, they know that the 350 billion dollar demand makes no sense.

Our leaders know that, but they won’t say that. In fact it is not hard to predict how politicians will respond to the 350 billion dollar demand. None of their responses will look even remotely like what I have written above. Instead, they will say soothing things, while pushing the enormous problem down the road. Eventually, when forced by circumstances to actually make spending decisions they will provide stopgap “bandage” funding. And perhaps come up with pretend “loan guarantee” schemes – loans they know will never be repaid. Massive loan defaults in the future will be an enormous problem for our children and grandchildren. But today’s leaders will be gone by then.

So, in a decade or so communities, like St. Theresa Point, will still be there. Any new housing that has been built will already be deteriorating and inadequate. The communities will remain dependent. The young people will be trapped in hopeless dependency.

And the chiefs will be making new money demands.

At some point this country will have to confront the reality that most of Canada’s First Nations reserves, particularly the remote ones, are not sustainable. Better plans to educate and provide job skills to the younger generations in those communities, and assist them to move to job centres, will have to be found. Continuing to pretend that this massive problem will sort itself out by passing UNDRIP legislation, or pretending that those depressed communities are “nations” is only delaying the inevitable.

When Joey Smallwood told the Newfoundland fishermen, who had lived in their outports for generations, that they must move for their own good, there was much pain. But the communities could no longer support themselves, and it had to be done. Entire communities moved. It worked out.

 The northern First Nations communities are no different. The ancestors of the residents of those communities supported themselves by fishing and hunting. It was an honourable life. But it is gone. The young people there now will have to move, build new lives, and become self-supporting like their ancestors.

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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