Five Nuu-chah-nulth Nations, frustrated by Canada’s lack of action regarding a landmark court decision, shared their concerns with UN representative James Anaya on Oct. 10.
Anaya, the UN’s special rapporteur on the rights of indigenous peoples, was in Canada for eight days to examine the situation of indigenous peoples in the country.
More than 150 people witnessed the Nuu-chah-nulth presentation, delivered at the Musqueam Cultural Centre by Debra Foxcroft, president of the Nuu-chah-nulth Tribal Council, Keith Atleo, who sits as a principal chief of Ahousaht First Nation in place of Shawn Atleo, while he serves as National Chief of the Assembly of First Nations, and Dr. Simon Lucas, Hesquiaht elder and long-time advocate of Nuu-chah-nulth rights.
Together, the trio outlined the struggles the Nuu-chah-nulth Nations have faced retaining access to their fisheries. In spite of winning multiple court rulings, the Nations are disappointed that only small changes to access have been granted.
“In November 2009, our right was declared and affirmed by the BC Supreme Court,” said Foxcroft, referring to the Ahousaht et al vs Canada court case. “We are here because, even though we have a declared constitutional right, we have not had success in having Canada accommodate our right.”
The five First Nations have received recognition of their right to fish and sell fish commercially three times since 2009. Despite court-mandated negotiations between the Nations and Canada’s Department of Fisheries and Oceans, there has been little progress in implementing the Nations’ constitutional right.
“We have struggled to maintain fishing as the foundation of our culture and economy. Our participation in the commercial fisheries has dwindled to a miniscule level,” said Keith Atleo.
On the same day as the presentation to the UN special rapporteur, Nuu-chah-nulth Nations received a copy of a letter from Thomas Mulcair, Leader of Canada’s Official Opposition, addressed to Prime Minister Stephen Harper. In the letter, Mulcair urged the Prime Minister to give officials in the Department of Fisheries and Oceans the mandate to implement the Nuu-chah-nulth court decision and “respect the constitutional rights of the Nuu-chah-nulth Nations.”
He also questioned the Government’s move to seek leave to appeal the court decision to the Supreme Court of Canada for a second time.
“Recognizing and accommodating the rights of Nuu-chah-nulth Nations is the path forward toward reconciliation and prosperity for all,” Mulcair wrote. During their presentation at the Musqueam Cultural Centre, Nuu-chah-nulth Nations echoed Mulcair’s sentiments.
Anaya will prepare and make public a report on the visit’s findings, which will be presented to the UN Human Rights Council in September 2014.
In a written statement on the conclusion of his visit, Anaya said Canada faces a crisis when it comes to the situation of indigenous peoples in the country.
“The well-being gap between aboriginal and non-aboriginal people in Canada has not narrowed over the last several years, treaty and aboriginals claims remain persistently unresolved, and overall there appear to be high levels of distrust among aboriginal peoples toward government at both the federal and provincial levels….
“At least one in five aboriginal Canadians live in homes in need of serious repair, which are often also overcrowded and contaminated with mould. The suicide rate among Inuit and First Nations youth on reserve, at more than five times greater than other Canadians, is alarming. One community I visited has suffered a suicide every six weeks since the start of this year. Aboriginal women are eight times more likely to be murdered than non-indigenous women and indigenous peoples face disproportionately high incarceration rates.”
In order for the Government to move forward to address the concerns of indigenous peoples in partnership with them, it is necessary to arrive at a common understanding of objectives and goals that are based on full respect for indigenous peoples’ constitutional, treaty, and internationally-recognized rights, he wrote.
Anaya’s full statement can be read at http://unsr.jamesanaya.org/statements/statement-upon-conclusion-of-the-visit-to-canada
