Untitled Document

Dear Minister John Duncan and Mr. Pierre Nepton,

I am writing to you regarding Canada's attempts to forcibly assimilate the Customary Governance system of the Algonquins of Barriere Lake.

I am urging you to respect the customary leadership selection process of Barriere Lake and end all attempts to impose Section 74 Indian Act band elections, for a number of reasons:

1) There is broad consensus in Barriere Lake in favour of retaining their customs and against a section 74 order, as is made clear in Elder and Community Resolutions of May, 2010.

2) Imposition of Section 74 Band Elections would constitute a violation of Barriere Lake's Indigenous customs, a violation of their Aboriginal right to customary self-government as protected by section 35 of the Canadian Constitution, and a violation of the minimum standards of the United Nations Declaration on the Rights of Indigenous Peoples. It would also constitute a draconian interference in their internal affairs.

3) The Government decision contradicts a recent Federal Court decision concerning Barriere Lake's leadership. On February 17, 2010, Federal Court Judge Robert Mainville concluded in the case of Ratt v. Matchewan that Barriere Lake can "select their leadership in accordance with their customs unimpeded by any conditions or requirements which the Minister may deem appropriate."

4) The rationale offered by Indian and Northern Affairs Canada (INAC) to justify such an action is illegitimate. INAC suggests that it is Barriere Lake's Customary Governance Code, the Mitchikanibikok Anishinabe Onakinakewin, that is to blame for leadership confusion, which has forced INAC to consider imposing section 74 Indian Act elections. But it is in fact INAC's internal interference and tactics of divide and rule that have been the main cause of leadership disputes in the community.

I expect you to respect the results of the internal process that Barriere Lake is currently engaged in to review their Customary Governance Code. Eventually, when a new Customary Chief and Council is selected, you must recognize and deal with them, and reconvene negotiations to settle your outstanding obligations to the community, including the 1991 Trilateral Agreement, which remains unimplemented.

In closing, I wish to assure you that I will continue to closely monitor the federal government's dealings with Barriere Lake with respect to their leadership customs, and their situation more broadly. Barriere Lake might be an isolated community, but they have friends and supporters all across the country who are standing behind their struggles for justice.

Sincerely,

Name:
Email:
City, Province:
Please type `send message` into this box:

I would like to receive monthly action alerts and other occasional updates