I love the night, I feel comfortable in it. While the fire may keep some of the shadows at bay, it also helps to create shadows. Iskote (Pronounced ish-go-tay) is the Saulteax word for fire. It is an inanimate noun. In almost every single First Nations language, it isn't broken down in male and female, instead animate and inanimate. Understanding this difference in language helps to understand the difference in priorities, because language is not a component of thought, it is instead the basis for thought.
So let's discuss Indian Title. This is a funny little term. It can be described as a usafractory right. In simple terms this means that if you have a usafractory right to a piece of land, you can do whatever you want with it, but you never actually own it. An example might be roads, both urban and highway. Our taxes pay for them, and we are allowed to use them for our travel purposes, but their ultimate ownership is held by the government. By making this distinction, it's easy to see that this relationship is somewhat limiting, as the true owner can lay out any rules they wish when it comes to the use of that land.
All Indian lands, so reserve lands, are placed under this form of ownership. By the way, the word in Saulteax for reserve is iskonikan (pronounced ish-go-nee-gan) and it means left overs. See, even back then the First Nations knew they were getting shafted. However, if you read the letters, journals, and official statements from the leaders who signed the treaties, you'll see that they all saw this as the only way for First Nations to adapt and survive. And that could be the one linking aspect of all First Nations, they know how to survive.
So let's make this a little more personal. Most of you out there own a home, and we're gonna say you only have a usafractory right to it. I'm also going to put in the restriction that you may only use this land for survival through traditional practices. Oh yeah, this is the restrictions all reserves live under. So everyone of you who makes the statement 'If I had a bunch of tax free lands available to me I'd be starting businesses left and right' can now see how this fails.
So first off, let's take my friend Viper Pilot. He owns his house and I know a bit about his ethnic background. I also know he currently works as tech support for IT services at a university. Well he's French. And IT work is NOT a traditional practice for the French so I'm sorry, you can't do that anymore VP. Looking at the history of the French in Canada, you're allowed to use your property to trap for furs, and possibly set up a trading post. Oh and maybe a Church. Those are your options. Now since I realize you've got a family to feed, I'll put you on a stipend while you adjust to this new lifestyle.
Now here's where we get wonky. Let's say VP does all three of these things, and is HUGELY successful. Here a problem arises. You see I said he could only use the land for SURVIVAL, and I gave him money to live on while he was adjusting. Therefore any money he makes over the amount I was giving him, I get to take away. Also, since his businesses are taking away from surrounding businesses that are owned by the people I actually care about I'm going to place huge restrictions now on how many furs he can trap, which products he can trade at his post, and state that only people living on his land can use the church he's set up. Oh and every single thing he does requires a permit from me, which I may give him late, because well, he's just got the best furs around, so I'd rather the animals he is going to trap have a chance to leave his land so someone else can trap them.
Is everyone starting to understand why First Nations are not having much success at starting their own businesses? Yeah I thought so.
These are the restrictions that are constantly placed on First Nations, but I hear you say 'Wait there are tons of First Nations businesses! You're right, here's how it's done. First off, a site that is not on the reserve has to be purchased to start the business. Next, since it's nearly impossible to get any funding Federally or through financial institutions to start a business (Remember that horrible survival rule) partnerships are generally achieved with other businesses so that they can get started. And then the money is kept separate so that it doesn't interfere with the Federal funding. The government knows this is going on, but they're getting taxes off the profits so they're ok with it. See First Nations DO pay taxes.
But the survival restriction is still here, it still hampers any real creation of either personal or community wealth. And I'm not talking getting money, I'm talking the ability to use the money you have to continue to make money.
I also have not gone into the myriad of ways that various governments have used to discourage any kind of financial independence.
So there you have it, that's Indian Title. It's pretty horrible and it is the current rules. Of course, for folks like the previously mentioned Tom Flannagan, it's far too expensive to try to change these rules, so better not to try.
3 comments:
I can't speak to the hurdles about financial independence, but from the reserves I have seen (and know of) another one of the biggest problems is the actual population of the reserve.
A market of 400-1000 people doesn't lend it self to a whole lot of business opportunities. This is made even worse by a market that already has a fairly low average household income. It's a problem most small towns already have - anything beyond farming and associated "support staff" aren't needed or supported.
I've thought for a while that a straight up buyout of reserves might offer the sort of economic stimulus to kickstart things. The plan, in a nutshell (and at least have the decency not to wear steel toed boots when you kick the hell out of this idea, Coyote) is to offer to buy the land of a reserve back at more then fair market value - mainly because it's crap land to begin with. Make the offer to every man woman and child who has claim to it.
Those who want to stay will be granted full title to their chunk of land. It's theirs. Period. Those who want to setup a business would have the economic means to do so.
That's the positive side of things and some Alberta bands have really shown what economic power can do for the situation.
The downside - it has a very real possibility of screwing generations to come if the sellers squander the cash. Not a lot different if my rich uncle lost it all in the stock market crash, but there ya go - any guarantees from a Treaty would be gone for those kids, grandkids, etc.
The idea, though, and hope, is that enough people take the money and create an better situation for themselves (and without any possibility of gov't interference). I can drive around here and see a Phillipine, Vietnamese and Greek community center - primarily built by members of that community. Where are the aboriginal community centers?
Perfect plan? Far from it. But it's an idea. Anyways, feel free to kick the can around.
Oooooh you smart little pope. Go check out the decisions for Kahkawihstahaw, and the Gestkan-Wetsuwaten. There are a great many reserves who are having financial prosperity off reserve and becoming huge members of the Canadian business world.
And essentially, they're using your idea, just modified a bit.
The problem with using your idea solely, I've stated before. To 'buy out' the treaties now opens the Federal government to a huge amount of easily won civil suits in regards to the relationship of fudiciary responsiblity the federal government placed themselves in.
The changes are happening, my main thrust here is to get people to understand the environment that most First Nations have to operate in to get anywhere. If we did this to anyone else there would be huge segments of society crying foul that this is systemic racism. Cuz well, it is.
Do research? Pfft. I want my news delivered in clever little soundbites! (Besides, I've got essays due and should be working... :-p)
And I see where you're coming from - I'm completely in the dark about any rules for opening a business on a reserve, but that seems like something that should be left in the hand of local councils (ala a municipality). From the sounds of it, that's about the furthest thing from what is really happening. Dog forbid we use common sense when it comes to issues like this, huh?
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