The Workers' Opposition regards the struggle of First Nations to affirm their rights, as the fight of workers as well. The struggle in Canada to guarantee the rights of all, including importantly First Nations' hereditary, treaty and constitutional rights concerns every worker, senior and youth. Canada's future lies in the fight for the rights of all! The struggle to affirm rights is one struggle. No wall separates the struggle of First Nations and that of the working class.

The specificity of First Nations' rights is theirs by virtue of being First Nations. The struggle of the working class for the affirmation of workers' rights in opposition to monopoly right is theirs by virtue of being the actual producers of value and providers of services. Those struggles unite in the struggle of all for their rights by virtue of being human.

The existing state and its democracy are in crisis because they are incapable and unwilling to guarantee the rights of all including in their particularity the rights of First Nations and the working class. The existing state and its democracy are caught within the unyielding web of monopoly right and refuse to meet the call of history, which demands the affirmation of the rights of all.

The task of affirming rights belongs to all Canadians. The fighting unity of First Nations and the Canadian working class has the numbers, determination, vision and aim to defend the rights of all and bring into being new economic, political and social arrangements that guarantee those rights in practice.

The First Nations and working class refuse to accept the dictate of the Harper, Quebec and provincial governments that tell the people what they can and cannot think, say and do. The First Nations and the working class can think for themselves, analyse and determine their path of action towards the affirmation of their rights. The agenda of Harper and other state representatives is not the agenda of First Nations or the working class. If it were, the rights of all would not now be reduced to policy objectives subjected to the pragmatic whims of the monopolies and their narrow desires to build global empires on the backs of the people, their land and natural resources. A state and democracy of, by and for the people would affirm rights as inviolable and would guarantee First Nations and the working class a say and control over everything that affects their lives. How can it be otherwise in the modern world where the people themselves must be empowered to take control of their economic, political and social affairs?

A nation-to-nation relationship between First Nations and Canada cannot and will not be built based on the agenda of the existing state and its democracy. The concept of master and slave is finished. The notion of a colonial conqueror and vanquished First Nations is a lie. First Nations have never been conquered and never will be. The powerful movement in defence of First Nations' rights is confirmation of that reality. A modern definition of a nation-to-nation relationship is developing before our eyes and will be grand to behold in its full expression.

The Workers' Opposition has a moral and historic duty to provide everything demanded of it by the First Nations in the battle for their hereditary, treaty and constitutional rights. This assistance is integral to the struggle for workers' rights in opposition to monopoly right and forms part of the struggle for the rights of all. The First Nations and Workers' Opposition are together in fighting unity against the same enemy represented by the Harper dictatorship and others within the existing state and its crisis-ridden democracy. The First Nations and Workers' Opposition along with all justice-minded Canadians who wish to build the new are struggling to deprive the authorities of their power to deprive the people of their rights.

First Nations Have Rights by Virtue of Being First Nations!
Workers Have Rights by Virtue of Being the Actual Producers of Value and Providers of Services!
The People Have Rights by Virtue of Being Human!
Idle No More!
Harper No more!
Canada's Future Lies in the Fight for the Rights of All!

Just Demands Put Forward to Harper

One of the demands put forward to Prime Minister Stephen Harper was that all legislation be consistent with the Canadian Constitution, specifically Section 35 dealing with aboriginal treaty rights.[1] This is significant as it directly challenges the two omnibus budget bills, C-38 and C-45, passed by the Harper government.

The first omnibus legislation dealt with changes to environmental protection laws, especially relating to fisheries, and gave the Minister more power over them. This directly relates to the hereditary rights of First Nations in terms of the fisheries. In addition the bill contained amendments to the First Nations Land Management Act that facilitate First Nations making individual agreements with the Harper government whereby they would not be subject to provisions of the Indian Act relating to control and decision making over their land and resources.

The new arrangements on land management are being made on the basis of individual First Nations developing their own land use codes and environmental protection laws. By using this arrangement it appears as if the Harper government is offering a carrot to certain First Nations in the hopes of having relations with individual First Nations to facilitate the theft of their natural resources, rather than having to deal with the issue of the treaty rights of First Nations as a whole.

It is no coincidence that on the same day as the mobilization of the First Nations peoples and their supporters on Parliament Hill and across the country, and the meetings with the AFN, that John Duncan, Minister of Aboriginal Affairs and Northern Development used the opportunity to announce that "eight more First Nations will sign onto the Framework Agreement on First Nation Land Management (FNLM), enabling them to begin a process to opt out of the 34 land-related sections of the Indian Act and assume greater control over their reserve land and resources."

This is part of what is presented as the "incremental approach." Now the media is trying to claim that First Nations are against this incremental approach, as if they want to speed up the arrangements to put in place similar land management deals.

This is an attempt to obscure the First Nations' affirmation of their hereditary rights and divide the opposition between those that want new land deals and those that don't. By sticking to the demands for the recognition of their rights, and that their No means No, the First Nations are taking a stand for the rights of all against government dictate and nation-wrecking.

Métis and Non-Status Aboriginal People Win
Historic Court Battle for Their Rights

On January 8, 2013, Mr. Justice Michael Phalen of the Federal Court of Canada ruled that Métis and Non-Status Indians are "Indians" as defined under Section 91 (24) of the British North America Act and, therefore, must have their rights and claims honoured by the Crown and its government. The Federal Court hears cases that are launched against the federal government.

The case began in 1999 when the Congress of Aboriginal Peoples and several Métis and Non-Status Indians led by the late Harry Daniels, took the federal government to court. They alleged discrimination on the basis that they were not considered "Indians" under a section of the Constitution Act. The Congress of Aboriginal Peoples (formerly the Native Council of Canada) is a political organization that represents Aboriginal people living off-reserve in Canada.

Judge Phalen ruled that Métis -- who for the most part are the descendants of marriages between Scottish or French men and First Nations women during the period of the fur trade -- and First Nations people who have lost their status as a result of marrying non-First Nations men or moving outside their reserve are "Indians" as defined in historic documents and on the basis of expert testimony.

He ruled that the rights of Métis and Non-Status Indians must be based on membership within Nations or within a Treaty group, not on the basis of a narrow legal definition within the Indian Act.

Judge Phalen said, "The recognition of Métis and Non-Status Indian as Indians under section 91(24) should accord a further level of respect and reconciliation by removing the constitutional uncertainty surrounding these groups."

It is noteworthy that the Judge suggests the refusal of the federal government to recognize the rights of the Métis and Non-Status Indian peoples is longstanding. In 1972, during the time of the Trudeau Liberal government, it was known that Métis and Non-Status Indians, who were "lacking even the protection of the Department of Indian Affairs and Northern Development, are far more exposed to discrimination and other social disabilities. It is true to say that in the absence of Federal initiative in this field they are the most disadvantaged of all Canadians." The federal government now is continuing to follow the deliberate tactics of divide and conquer and discrimination against the almost one million Métis and Non-Status Indians, implementing the 19th century colonial policy of racist oppression and genocide against all Aboriginal peoples, which is meeting the stiffest resistance today.

The National Chief of the Congress of Aboriginal Peoples, Betty Ann Lavellée, stated that this case is about "fairness, dignity, self-worth." She pointed out that her organization spent more than $2 million over the past 14 years in court costs and that the money the federal government spent trying to have the case thrown out could have been used in "addressing some of the key issues that the court decision speaks to." The initial response of the Harper Government is it will "study the decision." Given the reluctance of the Harper government to recognize the rights of the First Nations or anyone else except those of the rich minority in Canada and their hired guns, it is expected that the federal government will appeal the decision to the Supreme Court.

Nonetheless, the Federal Court decision in favour of the Métis and Non-Status Indians is a victory for the more than 400,000 Métis and 550,000 Non-Status Indians in Canada. It is also a victory for the First Nations and the entire Canadian people who are engaged in a battle for the recognition of their collective rights and a society that recognizes and guarantees the rights of all on the basis of their being, including the hereditary, treaty and constitutional rights of the Indigenous peoples of this land.

Sudbury, January 11, 2013

(Photos: H. Manitowabi, C. Kimewon)

Actions Continue Across Canada and Abroad to
Affirm First Nations' Rights

Following the January 11 Day of Action across Canada, on January 16, another wave of actions to affirm First Nations' rights took place across the country as well as abroad. These actions included slow-downs and blockades of highways and rail lines in order to increase awareness of the situation facing First Nations and the demand for Canada to take up its treaty obligations.

The actions also reiterated the demands by Chief Theresa Spence of the Attawapiskat First Nation "for a meeting between all parties to Treaty. This would include Chiefs, the Governor General and the Prime Minister." Chief Spence refused to meet with the Prime Minister only, on an agenda set by his Office, not the Chiefs, making it very clear that the meeting Prime Minister Harper held with only some of the Chiefs on January 11, did not meet the requirements. Given that some of the fundamental treaties were signed with the British Crown, Chief Spence and othes are requesting that "Queen Elizabeth II send forth her representative, which is the Governor General of Canada."

It was reported on January 17 that Queen Elizabeth II, whose official respresentative in Canada is the Governor General, has declined to intervene in the situation. This was revealed in a letter dated January 9 from the deputy to the senior correspondence officer of Buckingham Palace responding to a December 15 letter from a BC resident. "This is not a matter in which The Queen would intervene," says the letter. "As a constitutional Sovereign, Her Majesty acts through her personal representative, the Governor General, on the advice of her Canadian Ministers and, therefore, it is to them that your appeal should be directed."

Chief Spence has been on a hunger strike for 38 days now, taking only fish broth and herbal teas. She is joined by Manitoba Elder Raymond Robinson who has vowed to die for their people along with Chief Spence in order to see the fulfillment of their demands for the elimination of the conditions facing First Nations across Canada. Mi'kmaq elder Jean Sock had to end his hunger strike after 28 days on January 14 to attend to his gravely ill mother in New Brunswick.

The Idle No More movement has also called a world day of action for Monday, January 28, when MPs return to Parliament.

Vancouver

Victoria

Prince George, BC

Edmonton

Iqaluit

Rail Blockade, Portage La Prairie, MB

Cochrane, ON

Windsor, ON

Cayuga, ON

Caledonia, ON

Toronto

Information Blockade by Alderville First Nation, Rice Lake, ON

Rail Blockade by Tyendinaga Mohawk, Marysville, ON

First Nations Youth Begin 1,100 km Trek to Ottawa
from Whapmagoostui, QC on James Bay

Kanehsatake, QC

Gesgapegiag, QC

Fredericton

Miramichi, NB

United States

Hawaii

Lawrence, Kansas

Madison, Wisconsin

Lansing, Michigan

Toledo, Ohio

Around the World

Queen Victoria Fountain, London, UK

Genoa, Italy

Canadian Consulate, Tamaki Makaurau, New Zealand

Sydney, Australia

(Photos: TML, Idle No More, B. Granby, B. Williams, A. Thomas, M. Hudema, X. Anaviapik, L. Lepper, R. Richardson, C. Nasmith, Eli_d_m, E. Gabriel, L. Carroll, T. WiseCoyote, R. Daigle, A. LeBeau Spotted Horse, S. Chumbley, Native News Network, S. Schroeder, C. Thomas Muller, D. Canazza, Young Feminists Aotearoa, R. Charida)

Idle No More World Day of Action, January 28

The Idle No More Movement (INM) has called for a world Day of Action on January 28. In a January 10 press release, organizers state in part:

"This day of action will peacefully protest attacks on Democracy, Indigenous Sovereignty, Human Rights and Environmental Protections when Canadian MPs return to the House of Commons on January 28th. As a grassroots movement, clearly no political organization speaks for Idle No More. This movement is of the people. For the People!

"The Vision of IDLE NO MORE revolves around Indigenous Ways of Knowing rooted in Indigenous Sovereignty to protect water, air, land and all creation for future generations.

"The Conservative government bills beginning with Bill C-45 threaten Treaties and this Indigenous Vision of Sovereignty. [...]

"This message has been heard around the world and the world is watching how Canada responds to the message sent by many INM Supporters.

"INM urges the government of Canada to repeal all legislation; which violates Treaties, Indigenous Sovereignty and subsequently Environmental Protections of land and water. [...]"

TML calls on everyone to go all out to press the just demands of the First Nations on January 28 and beyond and work for Canada to establish just relations with the First Nations in respect of their hereditary, treaty and constitutional rights.

Read The Marxist-Leninist Daily
Website: www.cpcml.ca Email: editor@cpcml.ca

The Struggle to Affirm Rights Is One Struggle

The Struggle to Affirm Rights Is One Struggle

Just Demands Put Forward to Harper

Métis and Non-Status Aboriginal People Win
Historic Court Battle for Their Rights

Actions Continue Across Canada and Abroad to
Affirm First Nations' Rights

Idle No More World Day of Action, January 28

The Struggle to Affirm Rights Is One Struggle

The Struggle to Affirm Rights Is One Struggle

Just Demands Put Forward to Harper

Métis and Non-Status Aboriginal People Win Historic Court Battle for Their Rights

Actions Continue Across Canada and Abroad to Affirm First Nations' Rights

Idle No More World Day of Action, January 28

Métis and Non-Status Aboriginal People Win
Historic Court Battle for Their Rights

Actions Continue Across Canada and Abroad to
Affirm First Nations' Rights