Yellowhead Briefs

For the past three weeks Mi’kmaq in Nova Scotia have been pursuing a “moderate livelihood fishery” while facing harassment and intimidation. Hannah Martin looks at the roots of the conflict and argues that a better understanding of Mi’kmaw rights and the treaty relationship generally could help resolve the conflict.

Do Charter Rights apply on-reserve? In response to concerns about political repression at Kwantlen First Nation, the British Columbia Civil Liberties Association issued a letter arguing that it does. In this Brief, Robert Jago reflects on the challenges and implications for the future of free speech

This statement was released by Yellowhead Institute and Indigenous faculty members at Ryerson University in response to the arrest of Courtney Skye, Yellowhead Research Fellow. Courtney was charged with disobeying a court order and mischief in relation to 1492 Land Back Lane.

This statement was released the morning Haldimand County sought to make an interim injunction against land defenders permanent. Concerned Haudenosaunee women responded, calling for an end to the criminalization of their community.

In February 2019 Anishinaabeg communities in Ontario will vote to ratify a regional self-government agreement. While there are some expanded powers and new resources for communities, the Agreement is founded on outdated federal policies.

In commemoration of August 10th, Prisoners Justice Day, the Toronto Abolition Convergence shares An Indigenous Abolitionist Study Guide. This guide includes seven themed weeks of curated resources such as readings, films and podcasts relating to abolition.

Today, on August 5th, Kashmiris mark and mourn the one-year anniversary of the “official” annihilation of their autonomy. It is one among many anniversaries marked by colonization in Kashmir and elsewhere. In this Brief, Azeezah Kanji recognizes the patterns of settler colonialism and the strategies deployed to make it invisible.

As the discussion of defunding police goes on, Krista Stelkia has written a Brief identifying how structural racism operates within the criminal justice and in Canadian institutions more generally. Can we hold systems accountable?

How do we imagine Black-Indigenous futures, free from the violence of colonialism and racism? In this Brief, Karina Vernon looks, and asks us to look, to art and literature so that we can shape these new/old political realities.

What does the expulsion of Jagmeet Singh from the House of Commons reveal about structural racism in Canada? In this Brief, Azeezah Kanji details how white supremacy shapes the work of the RCMP, national security, and Parliament itself.

How much do Prairie cities, where there are growing Black and Indigenous populations, spend on policing? In this Brief, Emily Riddle breaks down the budget numbers and makes the case for police abolition as one step toward transformative change

Why are Black and Indigenous communities disproportionately imprisoned in Canada? Rai Reece makes the argument for carceral redlining: the practice of identifying and targeting racialized communities for criminalization in order to maintain a white (settler) state

t is becoming clearer that COVID-19, and future pandemics, are tied to climate change. How can we prevent that impending reality? This Brief imagines our current moment as transformational for climate policy, our notions of economic development, and reconciliation.

A timely intervention at a time when Canada is dragging its feet on MMIWG calls, Fallon Simard argues in this brief that Land Back is a call to end sexual violence against children & youth by advocating for an enhanced spectrum of consent in Indigenous governance decision-making.

Indigenous communities have kept the cases of COVID-19 relatively low. Yet research by Yellowhead reveals that the numbers are nearly triple those reported by Indigenous Services Canada. This data discrepancy is rooted in a public health system that excludes Indigenous people.

Indigenous communities have kept the cases of COVID-19 relatively low. Yet research by Yellowhead reveals that the numbers are nearly triple those reported by Indigenous Services Canada. This data discrepancy is rooted in a public health system that excludes Indigenous people.

Assembly of Seven Generations, an Indigenous youth-led non-profit released a report that maps and highlights Indigenous youth services in Ottawa. This brief shares the methodology and key findings/recommendations from the report.

Operating alongside the many challenges of COVID-19 is food insecurity, which has long been a significant problem in many Indigenous communities. Few of the current emergency measures that have been enacted by the federal government will substantively address this long term and ongoing problem.

After the murders Jake Sansom and Morris Cardinal—two Metis hunters trying to get on the land to feed their families in this time of uncertainty—Conor Kerr reflects on his own experiences as a Metis hunter and some of the challenges more generally for Indigenous hunters.

This Brief examines the recent commitments from the federal government in relation to the existing information about infrastructure deficits in First Nations. Specifically, how do physical distancing/isolation requirements align with housing, water, and health services needs in First Nations? 

While much of the country has been self-isolating for three weeks, Indigenous governments and organizations have been preparing and are now bracing for the impact of coronavirus and covid 19 in their communities.

This brief considers the importance of research and Northern research responses to the pandemic, but also some infrastructure challenges that must be addressed to ensure the health and well-being of Inuit. 

As the covid-19 pandemic evolves, Dr. Alika Lafontaine offers clear and simple advice for Indigenous families on what to do, what to look out for and how we can be mindful of each other during this time of uncertainty.

Just as national and provincial Metis organizations begin self-government discussions, a dispute about Metis identity threatens to divide the Nation.

In the 35 years since Section 10 band membership codes began allowing First Nations to control their membership lists, an increasing number of people have challenged the ways their communities determine belonging. Authors of this brief show that two-spirit families are ushering in a new era of challenges that bring Section 10 heteropatriachy to the fore.

The arrest of Max Johnson and his family at the Bank of Montreal follows a long trend in Canada of casually criminalizing Indigenous people. How can these examples of racism be addressed?

As the dust continues to settle on the inaugural term of the United Conservative Government, many groups within the private, public and Indigenous sectors are grasping the full scope of ongoing and future harm. This briefs offers an analysis of the Alberta Indigenous Opportunities Corporation (AIOC), which was hailed as a “game changer” to allow First Nations in Alberta to participate in self-determination.

An unsigned agreement between a Wet’suwet’en First Nation and Coastal GasLink along with financial documents, obtained by Yellowhead Institute, provide reinforcement to Yellowhead’s assessment of the ways these private contracts can dramatically undermine First Nation rights and jurisdiction

In February 2019 Anishinaabeg communities in Ontario will vote to ratify a regional self-government agreement. While there are some expanded powers and new resources for communities, the Agreement is founded on outdated federal policies.

On January 31st, 2020, the members of the Saugeen Ojibway Nation (SON) will vote on a proposal for a Deep Geological Repository near Lake Huron that will store 200,000m3 of low and intermediate level nuclear waste. Authors of this brief call for a process that goes beyond FPIC principles and engages an Anishinaabe version of consent that fully considers the current and future impacts of this decision.

Amid the ongoing conflict between Western and Indigenous philosophies of relating to and with the land, the reflections here engage with Yellowhead’s Red Paper and offer an Inuk perspective on the challenges and hope of “Land Back” in Inuit Nunangat.

In February 2019 Anishinaabeg communities in Ontario will vote to ratify a regional self-government agreement. While there are some expanded powers and new resources for communities, the Agreement is founded on outdated federal policies.

Dëneze Nakehk’o, founding member of Dene Nahjo and a Research Fellow with Yellowhead Institute is interviewed by Hayden King about his work with Dene Nahjo and how the organization enacts its mission of “land, language and culture forever”.

Since the Fall of 2018, the Indigenous Land Stewardship Circle has been organizing to protect a number of sacred sites in and around what is now the City of Toronto. Among their campaigns is the effort to manage High Park responsibly. As part of their campaign, they have issued this Call to Action, republished here.

In June 2015, the Truth and Reconciliation Commission of Canada (TRC) released its Executive Summary and 94 Calls to Action. This brief is a report card and analysis of the progress on the calls, assessing the completion of the 2015 Calls to Action. As of December 2019, only 9 of the calls have been completed.

During the latest Six Nations of the Grand River band council election, on-line voting was used for the first time, It was discovered that deceased citizens ‘participated’ in voting, leading to the questions explored in this brief around the intersection of citizenship, data and governance.

After reviewing over 100 cases of injunctions filed by and against First Nations, we believe that this legal tool reinforces the impossible position of First Nation parties when they appear before Canadian courts. This brief provides a summary of just a slim subset of data collected in the largest national research project that exists to date on the use of injunctive relief by and against First Nations in Canada.

This brief is a response to a previous Yellowhead brief on decolonizing clean energy. It outlines the Indigenous participation and leadership in the BC clean energy sector where First Nations are involved in true partnerships with government, serving as a model for other clean energy partnerships involving First Nations.

This is the preface to Yellowhead Institute’s Red Paper, Land Back. The project of land back is about reclaiming Indigenous jurisdiction: breathing life into rights and responsibilities. Our Red Paper is about how Canada dispossesses Indigenous peoples from the land, and in turn, what communities are doing to get it back.

With the 2019 federal election imminent, this Brief represents an overview of each of the major federal parties, their commitments to issues of land restitution, and a more general breakdown of investments (or lack thereof) to Indigenous communities.

Indigenous peoples in Canada are working to restore their place names and revitalize their languages after colonial policies and law sought to eradicate them. This brief offers several examples of Indigenous nations who are actively reclaiming jurisdiction to their lands, and provide recommendations for how federal and provincial/territorial governments can help to undo some of these past harms and injustices.

As provinces and territories work to develop policies to promote clean energy, they will also need to come to terms with the fact that climate change and renewable energy are fundamentally Indigenous rights issues. While Indigenous peoples could play a key role in Canada’s transition to a low carbon economy, a recent review of 57 provincial and territorial energy programs and policies show that Indigenous inclusion in such programs is severely lacking.

It has been a whirlwind 100 days for the United Conservative Party (UCP) in Alberta following the formal return of conservatism in April. Indigenous individuals and communities will be impacted greatly by the ongoing repeals and impending policy shifts arising from campaign promises. This brief considers what our communities stand to lose and what it will mean to be Indigenous in Alberta into the future.

Today, major research funding agencies, such as the federal Tri-Council, have set aside historic funding levels for Indigenous-related research, which is cause for optimism. But there are also many reasons to be cautious. This brief includes a proposal for a Protocol for Working with Indigenous Communities so that the broader research community might begin to seriously examine the role of identity and identity fraud.

On July 15, 2019, two new federal laws came into effect: the Department of Indigenous Services Act (“DISA”) and Department of Crown-Indigenous Relations and Northern Affairs Act (“CIRNAA”).Together, these two acts replaced and repealed the Department of Indian Affairs and Northern Development Act, RSC 1985, c I-6 (the “DIAND Act”). This brief explains the new laws, and how DISA, particularly, is an improvement over the old DIAND Act.

As we move through another colonial election year at the federal level, there is one arena that challenges most politicians: climate change and what we do about it. While the core tenets of the Green New Deal outline the dramatic change required to tackle this crisis, we must proceed with caution. In its ongoing creation, the GND coalition needs to ensure the inclusion and consent of Indigenous and racialized communities.

The Legislature will address the Far North Act when they are back in session. But we should not hold our breaths. Because the answer to how to govern the north should not come from provincial law. It must be found through a negotiated joint-planning regime based on renewed treaty relations.

At the end of this parliamentary session and the (near) end of the Government’s current four-year mandate, we can now more clearly take stock of the legislation affecting Indigenous peoples that actually made it through the legislative process. This brief provides an overview of the Bills affecting Indigenous people – those that have passed, those that will not move forward, and those in progress.

In April 2019, Alberto Curamil was awarded the Goldman Environmental Prize. Leader of the Alianza Territorial Mapuche, Alberto could not accept because he is currently in a Chilean prison for charges widely considered fabricated. Here, Yellowhead an interview on Alberto’s incarceration and Mapuche resistance with Belén Curamil, his daughter, and Miguel Melin (spokesperson for the Alianza Territorial Mapuche).

The National Inquiry into Missing and Murdered Indigenous Women and Girls’ final report, “Reclaiming Power and Place: The Final Report of the National Inquiry into MMIWG,” has been released. Now what? Courtney Skye discusses the importance of implementation and some requirements for that promised National Action Plan in this brief.

Since the establishment of Alberta’s First Nations Gaming Policy in 2001, Indian Gaming in the province has been a much discussed topic. To date, a majority of the discussions and questions revolve around the way revenue generated on-reserve through gaming is distributed. This is an important conversation, and one that requires a renewed debate on how the revenue is shared. This Brief considers the current formula, highlights some inequities, and hopefully opens the space for more critical questions.

Before year’s end, Canada and the Anishinabek Nation are seeking to conclude almost 25 years of negotiations for a self-government agreement. But does the self-government agreement really deliver on the promised return to nationhood? This Brief considers the content of the draft agreement and whether it provides real alternatives to the Indian Act and self-government policy.

Bill C-91 is headed for third reading in Parliament, with time to still amend and improve it. This brief provides a critical analysis of the Bill, highlighting issues that need to be addressed including its problematic funding model and how it outlines general objectives without any corresponding positive obligations on the Government.

Leslee White-Eye provides a critical analysis of the ‘new’ approach to funding First Nations schooling on-reserve, the Interim Funding Approach (IFA). The brief explicates why this approach remains rooted in colonial ‘Indian’ federal education policies and offers the requirements for a strong First Nation led model of education.

Yellowhead Institute supports the release of the Downtown Eastside Women’s Centre report, Red Women Rising, based on the live experience, leadership and expertise of Indigenous survivors. This comprehensive report is the culmination of a participatory process with 113 Indigenous women and 15 non-Indigenous women regarding the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Canada’s Fisheries Act has been and continues to be one of the most oppressive and one of the most contentious of these acts. This brief reviews the potential impact of the proposed amendments to the act that are currently being reviewed by the Senate.

As the federal government moves towards new Indigenous self-government and service delivery policies, the central component is a revised fiscal relations regime. However, from a treaty perspective, there remains concerns with the proposed funding model.

Bill C-91, An Act Respecting Indigenous Languages was introduced in the House of Commons on February 6, 2019. This brief is a review of key provisions of the Act, highlighting key weaknesses and suggested amendments for improvement in select sections.

This latest brief is a warning from Aotearoa about why Indigenous peoples should be concerned about USMCA, the new continental free trade agreement, framing exception clauses as “tools being used to circumvent our participation in the governance of our own territories.”

Last month, the National Post ran a story titled, “Saskatchewan Launches 16-month undercover sting to catch First Nations man illegally selling $90 worth of fish. Seriously.” This brief contextualizes this instance within a larger context of power relations between government agenda and Indigenous peoples, accountability and surveillance.

In the era of Inuit self-government, non-Inuit seem to talk up a lot of space and racism remains an issue. In this Yellowhead Brief, Sandra Inutiq offers advice in the form of 21 tips how true allyship and how non-Inuit can improve the relationship

While the original intent of the Anishnaabek Police Services (APS) was to deliver peacekeeping in a more traditional sense to our communities, lack of recognition and support has resulted in a system that produces First Nation OPP officers who aren’t trained in the specificities of policing / peacekeeping in a First Nation context and a service that is disconnected from First Nation aspirations for self-governance.

In so-called Northern British Columbia, the Unist’ot’en House Group of the Wet’suwet’en Nation is facing an injunction application to allow construction of the Coastal Gaslink pipeline through their traditional territory. If approved and enforced, the injunction would force the pipeline through the territory without the consent of the Dinï ze’ and Ts’akë ze’ (Hereditary chiefs), who have unanimously rejected Coastal Gaslink’s proposal.

This brief examines the status of the $2.6 billion in new funding promised by the federal government for First Nation education. Since publishing this brief, the Department of Indigenous Services Canada contacted Yellowhead, providing specific information with respect to expenditures in First Nations elementary and secondary education.

Last week, the Ontario government announced the elimination of the independent office of the Ontario Child Advocate. This move severs the investigations and advocacy function previously housed in the Advocate’s office, cutting this critical level of oversight. Removing this protections for First Nations, Inuit and Metis children and youth should raise concern for every family and community.

On October 23, 2018, Yellowhead Institute held an official launch event centred on the pending Indigenous Rights, Recognition and Implementation Framework legislation. Here, we share highlights from the event and panel discussion, where three key themes emerged regarding the framework: Regional Contexts, Exclusion of Women, Queer, Trans and Two-Spirit Perspectives and Treaties, Relationship and the Land.

The Gwich’in Tribal Council (GTC) is a political organization advocating for Gwich’in rights relating to lands, waters and resources in the Gwich’in treaty settlement area as well as Treaty #11. Read on for an interview with Grand Chief Boobie Jo Greenland-Morgan and Deputy Chief Jordan Peterson.

Today marks Canada’s newest national holiday, Cannabis day. This brief outlines four critical issues that must be addressed so that First Nation communities can reap the potential economic opportunities while balancing the health and safety of their members and also upholding their culture and values.

Earlier this year the federal government launched the Indigenous Homes Innovation Challenge, an award of $30 million dollars for a project that improves people’s health, safety and security on reserves. Lost in the critique of this challenge, are any in-depth, community-based responses to the Challenge. This is not the ideal solution. But if there is genuine engagement with community needs, could it offer some relief?

The federal government’s policies and the new Indigenous Rights Framework, as it appears to be taking shape, reproduce the (original and ongoing) dispossession of First Nations from (urban) land and the disconnection of citizens from First Nation jurisdiction.

Last week the Assembly of First Nations hosted a national meeting on the federal government’s proposed “Rights, Recognition and Implementation Framework”. The proposal was met with resistance by most of the elected First Nation leadership who were present, justifiably so. As suspected, Canada is seeking to entrench a version of contemporary state-Indigenous relations merely re-branded as reconciliation.

From the very first encounter with police, contact with the criminal justice system for Indigenous people is loaded with disproportionate penalties. A recent Supreme Court of Canada decision of R v Ewert finally recognized the critical role played by Correctional Service Canada that may be unjustly keeping Indigenous peoples behind bars for longer, under far worse conditions than their non-Indigenous incarcerated counterparts.

While the emerging rights framework is certainly limited and based on the flawed presumption of Canadian sovereignty over Indigenous lands and peoples, this new channel of dialogue with the Crown for the Métis National Council, its five governing members, and the Métis Settlement General Council is itself a fairly profound development.

Since 1987, Additions to Reserve Policy (ATR) has been Canada’s pathway for First Nations to create new reserves. Two years have passed since INAC finalized the most recent ATR policy. This brief reviews the impacts of changes and the challenges that still need to be addressed.

Yellowhead Associate Fellow, Damien Lee considers the impending and dramatic changes to Indian Status rules and the consequences for Indigenous notions of belonging and relationality.

Now that Canada owns the pipeline, what difference does it make to Indigenous people who are fighting to stop it?

Clarifying misconceptions about Specific Claims outlined in Tom Flanagan’s most recent article, “Specific Claims and the Well-being of First Nations”, released recently by the Fraser Institute

Rather than address fundamental issues of land distribution, the federal government is prioritizing “fiscal capacity building” in an effort to prepare bands – not for self-determination – but for compliance with the self-government policy that does not expand the authority of First Nations over their traditional territories.

The Assembly of First Nations annual general assembly will be held in Vancouver from July 24 – 26, with the election of a new National Chief scheduled to occur on Wednesday, July 25. Here is an overview of all the candidates

Given the challenges the Inquiry has faced to date, a number of issues need to be addressed in order to restore confidence in the Inquiry’s ability to affect change.

Why is the split of INAC in line with the federal government’s neoliberal agenda? How does the restructuring of INAC support Canada to continue avoiding responsibility to First Nations?

There is no question that the Indian Act must go. Its assimilation provisions, restrictions on mobility, violating nearly every treaty, aggressive patriarchy, and the dismantling of authentic First Nation governance models is all well documented. So the question becomes which path do we take from here?

How do the new Liberal government initiatives affect aboriginal title in British Columbia?

This brief highlights some of the issues with the new Rights Framework as it pertains the Mi’kmaq and what is known as the Made-In-Nova Scotia Process (Mi’kmaq Rights Initiative (MRI) Negotiations).