Moving beyond the Indian Act
By Susan Riley, 
The Ottawa CitizenDecember 9, 2011 7:20 
AM
In the wake of the crisis in Attawapiskat, 
Assembly of First Nations National Chief Shawn Atleo is making the case for 
"smashing the status quo" and creating a newly respectful relationship between 
native people and the federal government.
He isn't the first cultivated, 
politically-astute aboriginal leader to make a plea for fundamental change. 
But, 
initially, prospects look grim - and not only because Atleo's stirring 
exhortation is short on specifics. He has secured a long-awaited meeting among 
chiefs and Prime Minister Stephen Harper in January, but, while welcome, this 
hardly signals radical change.
More dispiriting, Harper's first response to 
troubling images of poverty and neglect from the northern Ontario reserve, was 
to question the integrity and competence of native leadership in 
Attawapiskat.
This was followed by an offer to have 15 mobile 
homes delivered as soon as the winter road freezes. Until then, band members 
can 
move into a hastily refurbished sportsplex, or healing centre, or choose 
temporary evacuation.
But the band gets help only if it agrees to work 
with a third-party manager - an outside auditor who will, incidentally, earn 
some $180,000 for his services until June. This money comes from the band's 
budget and somewhat undermines complaints over Chief Theresa Spence's $71,000 
annual stipend.
Still, Harper was probably speaking for many 
Canadians when he asked what happened to the $90 million taxpayers have sent to 
the Cree reserve of 1,800 over six years.
But, if the prime minister asked a fair 
question, a half-hour research would have answered it - as would a peek at 
regular audits of band business. Most of those millions, it transpires, went to 
education and health care (although less is allocated, per capita, to native 
Canadians than to non-natives.) That leaves an estimated $500,000 yearly for 
new 
homes, and renovations, for dozens of families living in shacks, tents and a 
partly-insulated trailer donated by the nearby diamond mine. Given high 
construction costs up north, it isn't enough.
That doesn't mean money doesn't go astray, that 
some bands aren't better managed than others, or that there is no need for 
accountability. But the prime minister's first response - and new legislation 
that will require chiefs and council members to publicize their salaries - sets 
a punitive, rather than respectful tone.
So does Natural Resources Minister Joe Oliver's 
declaration that aboriginal civil disobedience will not stop the Gateway 
pipeline from Alberta to the B.C. coast, if the project wins approval of the 
National Energy Board. Said Oliver: "Look, this is a country that lives by the 
rule of law and I would hope that would be the standard going 
forward."
Maybe federal cabinet should lead by example. 
Instead, Agriculture Minister Gerry Ritz appears ready to brush aside a federal 
court ruling and proceed with plans to dismantle the wheat board. Nor would 
anyone propose sending Peter MacKay and Tony Clement to Attawapiskat to lead a 
seminar on stewardship of public money.
But, says Atleo, "our work is not to cast blame 
or cultivate guilt." Nor is the Harper government more insensitive, or 
ineffective, than predecessors when it comes to recurring incidents of squalor, 
despair and dependency in remote indigenous communities. From tough love, to 
benign neglect, to exhaustive study, nothing seems to work.
That may be partly because Ottawa isn't 
demanding accountability of its own bureaucracy - the 5,200 employees of 
Aboriginal Affairs and Northern Development who are supposed to serve the 
country's indigenous population but, too often, complicate their lives and keep 
them dependent.
Spence isn't the first chief to struggle with 
too little money, for too many problems - nor with constant demands to account 
to Ottawa for every move. Chief Gilbert Whiteduck of the successful Kitigan 
Zibi 
band in Maniwaki, Que., has worked hard to educate and employ young band 
members, prudently manage resources, open band business to scrutiny and involve 
band members in the financing and construction of their own housing.
Despite this, "you cannot imagine the 
frustration in dealing with Indian Affairs," he says, "the number of reports we 
have to hand in, the outdated funding formulas, the different envelopes of 
money."
The Indian Act, which oversees every detail of 
aboriginal life, imposes "shackles of paternalism", says Atleo. But while he 
wants to "move beyond" it, he isn't calling for immediate abolition. His 
constituency is economically and culturally diverse and some chiefs fear that 
without the Indian Act, indigenous people will be further impoverished and 
ultimately assimilated.
It makes negotiations with Harper tricky, 
because the prime minister would probably love to downsize government by 
eliminating an entire department. He has the impatience and the authority to 
impose radical change - just not, perhaps, the change Atleo wants for his 
long-suffering people.
Susan Rileywrites on national 
politics. Email sriley.w...@gmail.com.

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