Elizabeth-Lisa Hans-Silva via Marie Willie December 4 at 7:16pm · Edited · This article is in response to Pam Palmater view on Transparency....Read to understand why she is wrong.... . I disagree with her on a few points. A broader scope must be analyzed. The Land Claims Agreements(LCA) signed outside a final Treaty are agreements between the Provincial and Federal Government and the Land Claim Agreement are what created the Economic Department in a Nation in the first place. I must add without the informed consent of the members. The Land Claims Agreements were being signed by various Leaders since 2005, some earlier. The Nations that are in the BC Treaty Process, which includes each member of that Nation were never informed by their Leaders what Land Claims Agreements where or are, and that the Leader would be signing agreement(s) without the informed consent of the members .The Leader then abused the Inherent Rights of each members by the very lack of informed consent on every agreement. However, because the members rights were used collectively in the Land Claims Agreements signed with the Government and Economic Development was created, the Nation is not entirely separate in my view. A separation could only occur if the Government was not on the very Land Claims Agreement as a partner, or investor and the Nation had a Self Governing Agreement finalize such as what is referred to in the BC Process terminology as a Final Treaty, which isnt a Treaty. Some Economic projects or most are Government funded, yet a Nation wants to keep the Economic Developments Financial Statements/Records separate from the Nations Audits. Right now separate audits are being done, one for the Nation and, one for the Economic Development (LCA)m business and projects, yet the Government and members cant see the very Financial Statement from the Economic Department (LCA) as to what is really going on. I must add, that in our Nation the Accounting Firm did state that the Economic Development Financial Statements are separate from the Nations and have a separate audit done that isnt included in the Nations Audit Statements. However, the Economic Development projects that are funded by the Government, some projects showed on our Nations Audited Statement, a deficit, but the Accounting firm said that the project really isnt in a deficit, it just shows a deficits only on paper. The very paper that is submitted to the Government in the Nations yearly Audit! Excuse me, no wonder why the Government wants transparency, because is that project really in a deficit or not? To show a deficit in any department or project that really isnt in a deficit, but shows a deficit on the accounting records to be included in a audit, then is to obtain more money from the Government, due to the deficit. I would logically think. How then do you get around the fact that there is a common thread, connecting the Government as a Partner or Investor in the Land Claims Agreements? The agreements are between the Federal and Provincial Government and Indigenous Nations, not the Crown. Once a Land Claims Agreement is signed with the Provincial and Federal Government how can the Constitution protect Indigenous Rights that are protect by the Crown when some Leaders along with some lawyers, sold off the members Inherent Rights through the Land Claims Agreements to the Government and not Crown, and without the members informed consent? Once a Land Claim Agreement is signed, you will see who the agreement are between? This is how the Government not Crown, is getting Indigenous Land through the Leaders of a Nation signing away the member Rights in these Land Claim Agreements which are Government Agreements. Transparency allows members to know what is going in the Nation where the members rights have been used. If we dont have this Act, then if we have corrupt Leaders then who is going to protect the members rights? Now members of each Nation can see if their rights have been used and abused by the very fact a Land Claims Agreement is in existence. If anything this Act has pro and cons. Pros to protect the members, the cons that it is the Governments way of keeping track of their best interest because the Government is a Partner in the Land Claims Agreement, and in some or all of the Economic Development projects. I think this is a form of blackmail by the Government, because the Government is fully aware that the Land Claims Agreements are connected to the BC Treaty Process are then connected to the governments objective of having a final AIP signed where 95% of our sovereignty, land, waters are signed over to the Government. In essence, if a Nation doesnt play by the rulers suppression, then new rules will be used against the Nations to submit them into getting an AIP finalized. I dont know where Pam Palmater obtained her facts from, from her own Nation? As a Professor and Lawyer, I would expect a higher standard of research from her, with contributing factors, and connecting evidence before she spoke. I would gladly challenge her facts. Just like she stated Indigenous Leaders are not corrupt! Really how does she know they all are not? Another generalization, with no evidence to support her claim and statement, just her opinion. I asked for our Economic Agreements and Financial Statement from the Economic Department, and I was told they were not available. So, sorry Pam Palmater , all Financial Statements in a Nation are not available, as you claim. We should not generalize without evidence when we are taking a position. I do not agree with her constantly claiming First Nations are poor, the poor me syndrome card. If the Government gives a Nation Federal money and it isnt spent wisely or managed, whos fault is that? Yes some Nations get very little, our Nation of 400-500 members living on reserve arent poor, and add the $$$$ we should be getting from the Land Claims Agreements and then from the Economic Development. A penny is more the what we get off reserve, and the ones on reserve fully benefit from us off reserves, but yet our Nation is poor. If our Nation is poor it is not by not having enough money, but by mismanagement of our money and signing over our Inherent Rights only to obtain 25% in a partnership agreements, and paying large contract frees, consultant fees, and lawyer fees, borrowing money, paying to buy our own shares in the companies we are in, all to exploit our Traditional Territory. We made over $2,000,000.00 that was generated from the Revenue Sharing Agreement in logging, then in our created company Atli. Members really have no clue what is going on because the players arent going to tell us, why should they? Bonuses for signing Land Claims Agreement, bonuses, that one Leader received in another Nation of almost $800,000.00 tax free. Why would a Leader get a bonus when it isnt his/hers single rights being used as the only denominator to execute the agreement. A Leader must collectively use the members Rights to execute and allow the agreement to commence and Leaders do so behind the members back and without informed consent. The Government will give those sell out Leaders bonuses for signing the members Rights to the Land, over to them. Leaders are using our Individual Inherent Rights without the members informed consent, is that not corruption? The Land Claims Agreements as the BC Treaty Process requires a Leader of a Nation to obtain the informed consent of the members before proceeding, but Leaders lie to the Government and also to their members by not informing the member that their rights have been used and abused. Then the same Leader is misrepresenting facts on the Agreements to the Government which are deliberate actions of deception, or what would you call that Pam Palmater? Not deception? Is there anywhere in the Canadian Constitution that protects members in a Nations from corrupt Indigenous Leaders who abuse the members Inherent Rights? Not that I am aware of, so until there is new legislation, this Transparency Act is a form of protection for us all. Each members who belongs to a Nation and your Nation is in the BC Treaty Process and the Governments-Land Claims agreements, your Inherent Rights are being abused and stolen from you by greedy Leaders and the Government a fact that can not be denied, I shall prove it! If you are correct as a Lawyer do something about things legally then. Why have a degree just to flock your feathers around, you know the ins and outs of our legal system, use your talent in protecting our Rights in the Court system, not defending that Indigenous Leaders are saints and the poor Indian card scenario. Did you see this? Pam Palmater hands this guy his ass! Pam Palmater and Aaron Wudrick debate First Nations financial disclosure. cbc.ca .. Unlike · · Share You like this.. Remove Geri Silva Elizabeth-Lisa Hans-Silva laws-lois.justice.gc.ca/PDF/F-11.66.pdf Transparency Act. 2 hrs · Like ..
Posted on: Mon, 08 Dec 2014 05:17:12 +0000
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