Video of photo collage, Hanson Island, Yukusem Canoe Carving Project by Beau Dick

Cloudworks and Douglas First Nation in hydro developments

Nick Andrews of Cloudworks Energy Inc. was sanguine about progress on run-of-river projects underway in 2009 in the In-SHUCK-ch Nation's Douglas First Nation, “A couple of run-of-river hydro sites are going along well, three are in the works and there are more to come.”
     

Andrews is able to discuss a six-year working relationship with the Douglas Band, located about 50 km northwest of Harrison Hot Springs in southwestern British Columbia. “A Participation Agreement is in place for the proposed suite of six run-of-river projects (Douglas, Fire, Stokke, Tipella, and Lamont Creeks, and Upper Stave River) located within the Douglas traditional territories.” 
     

The Independent Power Producers of BC have been struggling to get their message out. “We are not effectively stating the case for this kind of development,” says Andrews. “The more misinformation, more confusion, more is the need to put in place the broad consensus that exists for run-of-river power generation.”
     
He says, “First Nations are the strong suit in the business mix, and their presence is working to correct social conditions because these projects directly affect these people. We are doing great just by making our own partners happy. We are not splashing across the world,” but the First Nations involved are in it from the outset. 
     “They are involved in all levels of study, environmental, engineering and site development, and they are finding skilled employment and the First Nations have ownership of the energy resources. There is capacity building underway and ancillary businesses are finding jobs and contracts,” with their new capacity.
     

Chief Don Harris is the Douglas First Nation chief, “We are active at four sites right now although the Harrison site is winding down,” as the first phases of the development near completion. “Our camp at Stave Lake is running at full capacity with 160 people working. We are in the wind-up stages on part of it, with a couple of adjustments to be made.”
     

Harris says the Douglas communities obtained a lot of jobs in machine operation and construction, “And Kiewit will be picking up a some of these guys on their other developments,” and in fact, “they will be able to make a career out of Kiewit.”
     

Douglas First Nation communities will gain new life above and beyond employment because now these communities can grow, weaned from diesel power that fails often and fails to provide the capacity for new housing development.”We're shareholders and we do maintenance on the system when it gets up and running. One of the things we key on is environmental issues and cultural issues.”
     

Harris recently attended an inter-tribal fisheries meeting in Vernon, BC and says, “We discussed the standards for power projects,” in relation to the salmon fishery, “and wildlife issues. We are setting standards for developers to deal with the issues and First Nation participation.” Douglas First Nation has been working diligently toward December 31, 2010, “when the power grid we are building joins the BC Hydro grid.”

Commercial Law absent in First Nations life in Canada

Economic development is a promising direction for First Nations in Canada, especially since the process has come under close scrutiny from coast to coast. University of Toronto Law School hosted a unique forum on First Nation economic development in 2008. “I think the most important thing is that everyone recognizes First Nation economic development is a political matter,” said the event moderator.

Holding an economic development conference at a law school should come as no surprise. Commercial law in Canadian life is huge, and until now, seemed strangely inconsequential to First Nations. Professor Doug Sanderson and other law faculty attended an intriguing luncheon address on day two of the conference highlighted by a speech delivered by Hon. Michael Bryant, Aboriginal Affairs minister, who suggested the need to create commercial law courts for First Nation reserves.

“How much of law in Canada is commercial law?” we asked. “Oh, about 60 percent or more,” Professor Sanderson replied. It is this type of law that sews up jurisdictional economics, and it is this law that is unavailable to aboriginal people. Aboriginal people are born under a completely different set of rules. Does not a single realization come to light that the Indian Act excludes a race of people from the economy by depriving access to commercial law? First Nation economic development is, in reality, written out of the realm of mainstream economics. A system of trusteeship holds all wealth, and monitored activity on an Indian Reserve has to be decided by a Minister of Indian Affairs. 122 sections of the Indian Act to make this potentate’s role very clear in the lives of aboriginal people. They are not allowed to have money.

Aboriginal economic development became a legal academic exercise with a national focus because the minster of Aboriginal Affairs in Ontario was arresting and jailing elders from Kitchenaumaykoosib Innunwig who protested Platinex Mines. Perhaps, it was out of frustration that the minister spoke to the matter as one of commercial rather than criminal concern. He called for a system to be put in place to accommodate the legal concerns of the First Na tions.

This is a fact of law, that a political document (the Indian Act) apparently deprives First Nations of a legal framework to possess money. The session’s moderator said solutions to these substantial concerns of legality are currently being sought. He believes people are only beginning to meet to address economic matters at the political level. Sanderson added that the situation is made even worse because a “settler versus native” attitude prevails and political issues remain unresolved. He noted the situation at Caledonia (and could have included the mind-boggling threat to personal security undergoing Mohawk people when they go to the store).

Sanderson said, “There are many ways for First Nations and corporate Canada to act together. . .The current political reality demands that thought and speech gravitate around ways to do economic development.” Sanderson also suggested that the best example for a way forward was cited in Minister Bryant’s speech when Bryant raised the subject of the Chocktaw Tribal Council (CTC) in the USA. The CTC has a federally-constituted commercial law court that governs activities under their jurisdiction along the Mississippi. They have American Indian judges and Chocktaw commercial law.

Culture Camp on Yukusem

 

Housing inspection services coming to First Nations communities

A national non-profit organization is fighting in the trenches of First Nation housing. First Nations National Building Officers Association (FNNBOA) is a volunteer organization that represents a profession offering technical services in residential construction and renovation on-reserve.
     

FNNBOA members are qualified to deal with house plan reviews, inspections, recommendation of repairs, and they provide technical advocacy and advisory services for on-reserve housing.

     

Chief Keith Maracle, Tyendinaga, Ontario, is secretary of the volunteer board, “There are approximately 250 to 300 employed in this sector,” a small number in relation to the number of First Nation Indian Act-governed communities in Canada, no less than 700 inhabited Indian Reservations.
     

FNNBOA faces a peculiar challenge to expand the role of its officers in First Nation housing, “We are seen as regulatory,” said Chief Maracle, and regulations are apparently not something to be desired in the fractious world of First Nation housing.
     

FNNBOA members are qualified to inspect housing construction, “We have occupational standards, a code of ethics, and certification procedures to inspect houses on reserve.” Chief Maracle says FNNBOA members are qualified to support CMHC and mortgage approvals, INAC leasehold guarantee programs, and reports to Environment Canada.
    

 Richard ‘Bud’ Jobin is co-President of FNNBOA who hails from central Alberta. Since 2002 when they laid the organizational groundwork, these two men have been advocates of professional First Nation housing services, “Certified inspection of First Nation housing is becoming a compliance issue,” says Bud, “which impacts on mortgage and insurance.”
     

It may not be here but the age of reason is coming over First Nation housing policy and FNNBOA intends to have First Nation housing inspection services in the ready. They have training affiliations with George Brown University, Humber College, NAIT, and Vancouver Island University to produce qualified First Nation Housing inspectors.
     

Bank creating viable housing market
     

Royal Bank of Canada illustrates the growing importance of certified inspection services in First Nation housing. RBC introduced a program this spring to help First Nations capitalize on economic growth opportunities.
     

RBC announced a new mortgage program called the Leasehold Mortgage Program to, “provide First Nations members with greater flexibility and choice when it comes to financing the purchase or construction of a home.” It also helps create marketable housing in reserve communities.
     

“RBC has worked with First Nations leaders/governments for many years to find and provide options for financing a home in the same manner that is offered off a reserve,” said David Cutway, manager, Residential Mortgages Policy, RBC.
     

“This new CMHC default-insured program . . . allows qualified borrowers on qualified reserve lands to obtain a home mortgage, benefitting both the purchaser and the First Nation community.”
     

Financing of on-reserve housing has been limited in the past, said Mr. Cutway. “For example, First Nations members had to obtain a band or Ministerial Loan Guarantee (MLG) to secure a loan to purchase a home on reserve land. In addition, the First Nation government was responsible for the construction, maintenance and repair of these homes.”
     

The Leasehold Mortgage Program can help First Nations improve economic development through the construction of new homes, renovations to existing homes, purchases of new or existing homes, and construction of duplexes to four-plexes.
    

 First Nations communities may also use the program to attract non-Aboriginal homebuyers to properties developed on leasehold land, such as the housing development projects undertaken by the Westbank and Tzeachten First Nations, both of which are located in British Columbia.