Land Decolonized Podcast

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Chief Maureen Chapman joins the show this week from Sq'ewa:lxw First Nation (BC). Chief Chapman is a First Nation Land Advisory Board Member and proud to have been a hereditary Chief since 1999.  Chief Chapman says having been put on a waitlist due to the demand for First Nations to get into the land code process gave her community the time to create a vision for how the land code could help bring economic development, create housing and employment opportunities for her people in the future.  A lesser-known fact about the territory she lives in is that it is known and a recorded site for Sasquatch sightings! 

0:40 Maureen describes where her community is located near the beautiful Harrison Hot Springs and the makeup of her community. 

1:25 Maureen describes moving back to the community later in life to finish University and help the community 

2:19 Speaks to why the land code was an attractive option, having to be put on a waitlist due to the demand from First Nations and the opportunity to learn more and plan for what they would do when they have the chance to pass a land code. 

3:11 Younger people from land code communities feel a debt to land code communities that have come before them, setting the foundation for this work

4:11 Sq'ewa:lxw (Skawahlook) land code was passed in 2010 with unanimous support. 

4:25 There are Myths around land codes impacting treaties for instance, but Chief Chapman sights that its probably a lack of knowledge and clarity about what is a treaty versus what is a land code

4:57  Sq'ewa:lxw land code was repealed twice and replaced with a newer version which was due to the learning curve of implementing a land code from the ground up.  The changes and refinement were to ensure they were confident they could recommend this approach to the community members. 

 5:50 Maureen agrees that managing heritage sites and environmental protection is important to the community and goes further getting out from the control of the Indian Act was of utmost importance to the protection of sites of cultural importance and ec-dev.

6:47 Sq'ewa:lxw (Skawahlook) First Nation is involved in both treaty negotiations with the Stó:lō Xwexwilmexw Treaty Association (SXTA) and the Additions to Reserve process. Sq'ewa:lxw (Skawahlook) is one of 6 communities in the SXTA that are in stage 5 of the process.  The additional lands the Additions to Reserve process will bring much needed land for economic development, business, housing and long-term care facility for elders. 

8:12 Sq'ewa:lxw recently benefitted from a specific claim which helped with leverage to borrow money for future projects. 

8:38  Syéxw Chó:leqw Adventure Park (opened Sept. 14, 2018) was created as a place for youth and community members and public at large to enjoy with playground, bike skills park and  the challenges of this opening* 

9:23 Maureen explains the challenge of keeping members in the community and providing work opportunities and the result of members living off-reserve, thus the hope to grow more business in the community. 

10:10 25th Anniversary of the Framework Agreement is exciting and a testament that success comes from hard work 

11:26 Maureen explains what she would say to other communities considering a land code " it opens the door to so much more" including much-needed land protection laws

12:54 to get in touch with her is through Sq'ewa:lxw office 604-796-9129

13:46 Maureen closes with an interesting fact that her lands at Ruby Creek are known for Sasquatch sightings!


* an article about the opening of Syéxw Chó:leqw Adventure Park can be found here: https://www.hopestandard.com/entertainment/new-skawahlook-adventure-park-encourages-nature-filled-family-fun/ 

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Richard welcomes Steven Roy Johnston to the show this week. Being a Land Advisory Board member and Councillor for Mistawasis First Nation Steven comes from a long line of community leaders, and from one of the largest First Nations in Canada. Having taken on a land code fairly recently in 2017, Steven speaks to the continued protection of treaties with a land code, and the need for planning 7 generations ahead. Having a deep appreciation for the history of the community Steven believes the leadership has adapted to change and growing the community with strong economic development and a bigger better future for his community and the many others that will take on a land code in the future.

Show Notes:
00:29   Steven's family history of chiefs
2:12   Myth of treaties being affected by Land Code
2:30   Steven describes his community's land base, which is mostly agricultural
4:00   Successful resolution of Specific Land Claim adds 18,000 acres
5:48   New property for a gas station and further developments
7:31.  How he advocates for Land Code as a prairie director of LAB
9:29   Importance of treaties being protected and holding government accountable to its fiduciary duties
15:24   Growth of outside business interest in joint opportunities due to Land Code, including mining, civil and electrical engineering and value of good governance and stability
18:30   He describes community demographics with total population of 29,000
20:07   Using radio, email, podcasts and Zoom to communicate effectively, especially during pandemic
23:00   Significance of 25th anniversary and 100 operational communities.
25:11   How to contact him. (see below)
25:50.  Congratulates other bands, leaders, FNLMRC staff, Robert Louie and Austin Bear
26:35.  Richard's call-to-action with links and thanks for Apple milestone of 4th in Canada for non-profits
Links:
Councillor Steven Roy Johnston - [email protected]
Mistawasis Nehiyawak First Nation
First Nation Lands Management Resource Centre
First Nation Lands Advisory Board

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,SHOW NOTES:

This week Richard speaks to Joe Hall, Grand Chief of the Sto:lo Nation and former chief of Tzeachten First Nation.  Having been impressed with the evolution of First Nations who have taken on a land code, positive change in the working relationships with local governments, planning and implementing land management processes, and putting control for self-government in the hands of the people have made all the difference for his community.


00:48 Joe describes community

1:24 How the land code has evolved over the years as communities take control of land management. Life prior to land code involved many delays in federal approval for the simplest of bylaws. Way too much red tape with the Indian Act.

3:12 Economic windows don’t stay open very long. Investors and developers can’t wait.

4:48 After land code in 2008, relationships with municipalities and the province. There was more respect for the ability to manage land on their own.

6:21 How nervous was he on the day of the ratification vote?

8:52 How council educated membership about the framework agreement and custom land code.

10:26 Curse of too many certificates of possession. LC brought about a process for rezoning.

11:29 How a land code brought about a change in community attitudes, social progress, and economic development. Must be a way to share concerns.

14:28 Importance of revisions to the legislation that lies on top of the framework agreement. Simplicity is required.

17:15 The rise of youth leadership to follow the early land code pioneers. They understand the importance of taking control of taxation, financial management, land, etc.

20:34 Impact of the pandemic on working with developmental First Nations. Zoom technology playing a role but nothing beats face-to-face communication.

22:22 Joe’s reflection on 25th anniversary of land code and closing in on 100 operational communities. Praises staff for making the process user-friendly. The process for smaller communities is much more inviting. Very excited about the future!

25:53 Joe is excited to promote land code during his retirement.

26:10 Richard promotes website, email and toll-free access to the Resource Centre.

LINKS:
Joe Hall - [email protected]
Tzeachten First Nation
First Nations Land Management Resource Centre

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This week Richard interviews Councillor Bill McCue of a Georgina Island First Nation.  Bill has also been a long-time Land Advisory Board member and an advocate for land codes from the beginning. His community was the first ever to vote and ratify a land code in Canada. Although the creation of opportunity and business has been important to his people, Bill says for his island-based community,  protecting the environment has been of most relevance for Georgina Island First Nation. 

SHOW NOTES:
:50   Bill was elected Chief in 1993 and was invited to hear more about the concept of a land code. The idea was to get out from restrictive provisions of the Indian Act.
2:35   Early discussion with other leaders about the mechanics of doing this.
3:55.  His community voted 94% in favour of leaving the Indian Act land provisions, the first in Canada to do so.
4:35.  Bill shares highlights and benefits of having a Land Code, including taking two weeks, not two years to make land decisions.
6:29   Land Code provides community ownership of environmental laws and protection of heritage/sacred sites.
8:40. Bill shares location of the Island-based communities on Lake Simcoe, 50 miles north of Toronto.
12:07. Early growth of the movement from west to east.
13:07 LC brought new businesses and business centre while holding federal government accountable to its fiduciary duties.
14:34  Realizing that some First Nations have priorities other than pursuing Land Code.
15:59   Need for amendments to the overarching legislation.
17:30.  Joined FN Tax Commission also to generate additional revenues and have more control.
20:42   Sees further expansion of land code movement over the next 25 years.
21:58.  Provides contact info (see below).

LINKS:
Bill McCue – [email protected]
Chippewas of Georgina Island First Nation
First Nation Lands Management Resource Centre
First Nation Lands Advisory Board

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This week Richard speaks with Chief Darcy Bear of Whitecap Dakota First Nation in Saskatchewan. Having been a leader for the past 30 years, he says land code governance helped his community to move at the speed of business, with a casino, hotel, and golf course development and significant infrastructure that will support the community for generations.

SHOW NOTES:

01:42  Why Whitecap Dakota FN embraced the Framework Agreement on First Nations Land Management and the Land Code process. Fighting paternalism and lack of opportunity.
3:13  Remembers stories from his grandparents who raised him about the days of Indian Agents, permits and the Indian Affairs "dictatorship."
4:00  Connecting with Robert Louie of Westbank back in the early days of the Framework Agreement.
5:02  His Nation saw the benefits of a land code, especially when it saw huge delays in getting ministerial sign-off for a golf course development. It took three years!
6:03  His Saskatoon Tribal Council involvement in a casino project, and the ability in a land code to offer 99-year leases for commercial development.
7:20  He lists the many financial institutions now doing business in the community.
8:03  The huge infrastructure investments required to support new commercial and residential development.
9:58   The land code has given his community greater creativity and flexibility to operate at the speed of business.
13:00  Using own-source revenues to fund community culture and education.
14:03. Ongoing challenges of trying to find collateral to support individuals going into business.
16:15  There was a time when the Band didn't have a dime in its bank account. From there to $150 million in capital investments!
18:58  Chief Bear's perspective on the 25th anniversary of the Framework Agreement.
20:41  The sad history of lack of development despite location near the city of Saskatoon.
23:50   Collaborating with other governments to build a tourism corridor from Saskatoon to Lake Diefenbaker.
25:30   The history of alliances at Whitecap Dakota and the strange treatment of those who fought alongside the British.

LINKS:
Whitecap Dakota First Nation
Framework Agreement on First Nations Land Management
First Nations Land Management Resource Centre

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Chief Christian Sinclair of Opaskwayak Cree Nation is the guest on the show this week. He has watched his community grow out of tough economic conditions and utilized a land code and many tools of First Nation self-governance to provide a bright future of economic prosperity, protecting treaty rights and the environment. By comparison, Chief Sinclair says, staying under the Indian Act is akin to "an economic sanction"

SHOW NOTES:
00:26   Richard Perry introduces the episode and guest Chief Christian Sinclair of Opaskwayal Cree Nation in Manitoba (Treaty 5 territory).
01:25   Chief mentions response to Covid-19 scare in OCN.
02:52    When OCN was entering land code, he was serving overseas with the Canadian military and was not interested in politics, but is thankful leadership did the right thing.
03:44   Land code supported huge growth from 500 to more than 6,300 residents. It was required to fund infrastructure and business growth.
05:19   He was a personal victim of Indian Act delays when he tried to open a pizza shop.
06:27   OCN was close to 3rd party management and going bankrupt, so drastic changes were needed. Strong synergies among Land Code plus First Nations Finance Authority and First Nations Financial Management Board.
08:55   Youth engagement includes youth chief and councillors.
09:58   Credits leadership with taking on land code and praises national collaboration.
10:48   OCN land code includes very strong environmental protection and concern for traditional ways.
11:45   There have been some concerns to deal with, including fear over losing treaty rights. In fact, land code enhances treaty rights.
12:25   Overview of OCN own-source revenues since the economic turnaround.
14:45   He pinches himself everyday over their success and sees future growth.
16:04   OCN went big into the cannabis business.
17:41 Where Chief Sinclair sees his community five years from now. The days of million-dollar deficits are long gone. Continued synergies with national Indigenous organizations.
19:48   Reflections on national leaders and 25th anniversary.
21:38   Richard closes the show by promoting labrc.com.

LINKS:
Opaskwayak Cree Nation
First Nation Lands Management Resource Centre
Framework Agreement on First Nation Land Management
First Nations Finance Authority
First Nations Financial Management Board

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Richard speaks with long-standing Land Advisory Board member and former Chief of Nipissing First Nation, Phil Goulais. Phil was a part of the creation of the Framework Agreement and championed one of the earliest at Nipissing. Having been involved from the beginning, Phil is confident that the youth will carry on the great work of self-government, and that Framework Agreement communities' tendency to help each other out is one of the greatest strengths of the land code process.


SHOW NOTES:
1:03   The meeting in Hull, Quebec that led Nipissing to pursue the framework agreement.
3:10   Important work to acknowledge the inherent right to manage lands and resources. Doing away with 'delegated authority' under federal legislation.
4:42   Biggest issue in the north is the loss of youth. New opportunities from land code help bring them home.
6:35   His experience in a small home compared to the new size of family homes today in residential developments.
7:32   He is encouraged by youth today and their understanding of the value of land code.
10:00   Describes community size and demographics. Senior population is growing and needs more services.
12:15   Employment has skyrocketed since the 1970s. Funding for new social, cultural and educational programs. Nipissing also settled the Boundary Land Claim.
14:25   Phil expresses his pride in resource centre staff, band staff, chiefs and councils for being willing to help at a moment's notice.
15:59   Confident that youth will work hard to eliminate further sections of the Indian Act and move to full self-governance.
17:30   How the band lost 16 business opportunities due to Indian Act delays.
19:10   There is a move afoot to repeal the Land Management Act to remove impediments. "There is enough teeth in the Framework Agreement."
21:43   Describes funding available to communities for each step in the land code process.
23:13   Communities need strong committees for land code management, including managing other laws that are enacted.
24:30   Tribal Council are great at word-of-mouth promotion of benefits/challenges of land code. Lots of money going into the economy, as cited by KPMG study. (see link below)
27:25   Great pride in 25th anniversary...starting with 13 communities in 1996 to almost 100.

LINKS:
Nipissing First Nation
Framework Agreement on First Nations Land Management
First Nations Land Management Resource Centre
KPMG Benefits (2014) on First Nations Land Management

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This week Richard speaks with Chief Leah George-Wilson from Tsleil-Waututh Nation on the Burrard Inlet of BC's West Coast. A lawyer, and Land Advisory Board Member says that the main reason for taking on a land code in her community was "to eliminate 25% of the Indian Act from her community."Richard learns about the balanced approach that the Tsleil Waututh community takes to implement the day-to-day land management responsibilities. For Tsleil- Waututh a land code has helped bring youth to the table, realize the importance of planning, new business ventures, and strengthening Tsleil-Waututh Nation's land protection priorities 

SHOW NOTES:
00:50.  25th anniversary of Framework Agreement on First Nations Land Management is "amazing tool".
1:22.  On the cusp of having 100 operational First Nations with their own land codes.
2:15.  Her background in the community, education and law degree at UBC.
2:55.  Why a land code? Development opportunities were taking far too long.
4:01.  Value of having a local land code committee and involvement of youth in community engagement.
7:00.  Being active in the BC treaty process also included the push to a land code.
8:00.  Protection of lands is paramount, including opposition to the TMX pipeline project.
9:42.  Addressing concerns about land code and need for community support.
11:40.  Chief's main selling point in favour of Framework Agreement - eliminate 25% of the Indian Act.
13:16.  Covid pandemic has affected Band exploration of cannabis opportunities.
14:20.  Importance of continued land use planning, explaining zoning, etc.
16:40.  Other ventures include eco-tourism, canoe and kayak tours, forestry.
18:50.  Importance of setting anger aside and to find creative solutions to challenges.
19:58.  Successfully building community capacity.
21:17.  Contact information

LINKS:

Tsleil Waututh Nation website.
Framework Agreement on First Nation Land Management

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Special Episode: this week we are launching a new podcast series to celebrate the 25th Anniversary of the Framework Agreement on First Nation Land Management.  This episode is a special extended interview with former chief of Muskoday First Nation and Resource Centre Chairman Austin Bear.   Richard explores Austin's prairie upbringing and leadership with Muskoday First Nation that saw him lead his community with one of the first-ever land codes to be implemented in Canada.


SHOW NOTES:
00:26 Richard Perry introduction
1:43 Austin Bear remarks on the significance of 25th anniversary of the framework agreement.
3:20 Austin shares stories of the early days, starting with the nations that lost their delegated authority under the Indian Act.
5:33 A key turning point: the Liberal Red Book did not recognize the inherent right to land.
7:22 The signing between the original nations and Government of Canada.
7:56 Austin recounts how the Land Code was at first quite controversial due to mistrust of federal and provincial governments.
12:54 Why Muskoday decided to pursue a Land Code in light of Indian Act control and devastating impact of Indian Agents.
14:35 Austin's boyhood memory of his father needing Indian Agent permits before he could sell farm products to support his family. He still has the old tin box his father left him.
17:19 The importance of doing business "at the speed of business."
18:30 Muskoday is approached to host a manufacturing company from Kansas, but Indian Act delays killed it.
21:39 Additions to Reserves process still unwieldy and costing opportunities, including Muskoday First Nation to this day.
22:30 Receiving 'shortfall acres' through Treaty Land Entitlement, but can't get ATR approved!
24:45 On the cusp of having 100th operational FN under Land Code - another milestone.
27:06 The value of a community-driven process as opposed to being directed by Chief and Council.
27:58 A land code will work for a community of any size - whether 50 or 5,000 members. Location can be a factor, but key benefit is taking control over land and resources.
29:54 Early on, he had to debunk myths that the framework agreement would surrender treaties.
32:50 The Indian Act has nothing to do with treaty implementation, but a Land Code will help.
34:20 Austin shares his appreciation for LAB colleagues, FNLMRC staff and many others for making Land Code work, especially for the guidance and prayers of Elders.
36:00 Austin provides the best methods of contacting him for more information.
37:50 Richard closes show promoting Facebook, website and podcast subscription options.
38:18 Episode ends.

LINKS:
First Nations Land Management Resource Centre
Framework Agreement on First Nation Land Management
Muskoday First Nation
Westbank First Nation

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In this week's episode, Richard connects with Meko Nicholas, Executive Director of the First Nation Land Management Resource Centre. Meko has worked on the Framework Agreement with the founding First Nations from its early beginnings. Meko shares his approach to "follow the lead of First Nations" as the key to the direction of the Resource Centre, its philosophy of hiring expertise that compliments First Nation needs, and fostering coordination between like-minded First Nation organizations.