Volume 1 - No. 6 - January-February 2005
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In This Issue... |
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Board of Directors' Elections
A nomination meeting was held in Lac Simon November 13th, 2004.
During the meeting, candidates for the position of Grand Chief, Vice
Grand Chief, Elders Representative, Women Representative and Youth
Representative were nominated. The elections took place December
10th, 2004. Three positions were filed by acclamation, Elder’s
Representative, Albert Tenasco, Jr., Women’s Representative,
Micheline Anichinapéo and Youth Representative, Gloria Anichinapéo.
We
are happy to announce the names of the elected representatives who
will sit on the Tribal Council’s Board of Directors with
the Chiefs of the member communities:
Grand Chief: Lucien Wabanonik,
Lac Simon
Vice Grand Chief: Marlène Jérôme, Lac
Simon
Elders Representative: Albert Tenasco Jr., Kitigan Zibi Anishinabeg
Women
Representative: Micheline Anichinapéo, Lac Simon
Youth Representative:
Gloria Anichinapéo, Lac Simon
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Update on the situation in Lac Simon
Since the end of August 2004, the communities of Lac Simon and Long
Point have established a checkpoint in the Twin Rapid sector. The
objective is to keep the forestry companies from harvesting the wood
on a traditional territory and to come to an agreement with the Quebec
government. A frame work agreement that will take into consideration
the communities specific needs, that will based on cooperation, centre
on socioeconomic development and that will include the co-management
of natural resources and a sharing of wealth.
Since the beginning
of November many developments have occurred. First of all, the Quebec
government nominated unilaterally, without
any consultation with the coalition, Judge Réjean Paul as
mediator. In the days that followed the submission of his proposal,
workers escorted by the Sûreté du Quebec came to recuperate
the equipment on site.
As a result Lac Simon and Long Point organized peaceful demonstrations
in Val d’Or. On November 18th, Mr Robert Archambeault was nominated
to the position of negotiator by Quebec. Minister Corbeil also invited
the Conférence régionale des élus de l’Abitibi-Temiscamingue
to send an observer to the negotiation table. The Coalition says
that they accepted to sit at the table. Despite the government’s
accusations that the actions of the Coalition qualifies as an attack
to the democratic values of the province of Quebec, the two communities
asked on November 20th to pursue the negotiations on the base of
the document submitted by Judge Paul.
However, the negotiations never
took place and on November 22nd anti-riot police from the Sûreté du
Quebec were sent to Twin Rapid to make sure that the truckers would
be able to take the wood that
was already cut down out without the Coalition’s agreement.
In the morning of November 24th Chief Pien and Chief Mathias met
with the Vice President of Domtar to ask that they delay the transport
of the wood for 48 hours, using this time to find a solution with
Quebec. Domtar called a couple hours later to say they were refusing.
Finally,
on the afternoon of November 24th, the Sûreté du
Quebec proceeded to the arrest of 28 persons, 5 men and 23 defenseless
women, including Chiefs Pien and Mathias. They were part of a group
that was on site to protest against the government’s decision
to allow the forestry companies to take out the wood. They were released
early in the afternoon of November 25th.
On November 29th, the Coalition,
backed up by all Algonquin Chiefs gave an ultimatum to the government
to go back to the negotiation
table. The Assembly of First Nations of Quebec and Labrador, through
its Chief Ghislain Picard, also gave its support. The Coalition is
therefore more determined than ever to pursue their process and to
maintain their position. At the end of November, many Algonquin Chiefs
endorsed a declaration stating that they are dismayed by the choices
of Domtar and Quebec and that they support the Coalition in the defense
of the territory. They urged Domtar and Quebec to apply the measures
contained in the document submitted by their own mediator.
More than ever the solidarity of all Anishnabe is needed.
Source:
Jean Cotten / 819.722.2441
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Patricia Polson
The Algonquin Anishinabeg Nation Tribal Council is happy to announce
the arrival of Patricia Polson as a Recycling Researcher/Coordinator.
Patricia
grew up in the Long Point First Nation Community until she graduated
from High School. She then moved to Sudbury, Ont. to study
Business Administration. Patricia has previously worked at the Tribal
Council and Public Works Department as a Receptionist and she was
a Teacher Assistant at the Amo Ososwan School in Long Point.
During
Patricia’s 26 week contract she will investigate what
options and funding may be available to member communities with regards
to recycling, educate community members on the importance of recycling
and help coordinate the development of a recycling program. Following
the Needs Assessment Tour in 2003-2004 one of the common needs that
emerged within our member communities was the desire for
more information on environment related topics. We are confident
that Patricia will inform communities of recycling options and the
benefits.
Patricia is excited to start in her new position as Recycling
Researcher/Coordinator and can be reached by phone at the AANTC office
at 819-449-1225.
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First Nations Education Council
We present to you this month the First Nations Education Council
(FNEC). This organization regroups 22 communities throughout Quebec.
Created in 1985, the FNEC has the following vision: "The First
Nations Education Council is an Association which is built upon the
collective strength of all the Nations of Quebec together in a common
vision of quality education for all First Nations children. The First
Nations Education Council will ensure that the goal of quality holistic
education, as defined by our members, and attained through complete
jurisdictional autonomy over our education programs, will be achieved
in a spirit of collaboration, respect, sharing, and commitment".
This
is the basis of their mandate, which is to pursue a common purpose
in achieving full jurisdiction in education for the member communities. “This
will be accomplished through mutual collaboration in providing mandates
to the Education Secretariat in assembly to support, promote, inform
and defend the interests and actions of members in regards to all
matters of education, while respecting our unique cultural identities
and common beliefs, and promoting our languages, values and traditions.”
Structure
The FNEC is an association bringing together 22 First Nations
communities. By way of an original and innovative structure it
receives all of its mandates directly from its members. The authority
for its
mandates and actions comes from General Assemblies, to which each
member community sends a representative, and from Special General
Assemblies, which are attended by the Chiefs of the member communities.
Principal
Mandates
- Intervene politically to ensure that Aboriginal public education
comes under the jurisdiction of the First Nations virtue section
35 of the Constitution
Act, 1982.
- Provide technical assistance to guarantee respect of its member
communities' rights in education.
- Support its member communities
in their work to take control of their educational services.
- Develop strategies
and actions leading to adequate and progressive educational services
for its member communities.
In addition, the
mandates assigned by the FNEC leadership to its secretariat include:
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Carry out all work assigned by General and Special Assemblies.
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Provide human resources and consulting services to its member communities,
as requested.
- Carry out all relevant educational research and analysis
for its member communities.
- Conduct studies and formulate recommendations
for the FNEC regarding governmental decisions on Aboriginal education
at the political and
administrative levels.
- Manage, on behalf of the member communities,
programs that various government departments have transferred to
the FNEC: Gathering Strength,
Special Education, Youth Strategy, Aboriginal Languages, SchoolNet,
Videoconferencing, etc.
- Manage a documentation centre for the member communities.
- Produce
pedagogical
documents, a newspaper, newsletters and pamphlets on a wide range
of topics: Special education, learning and behavioural problems,
success stories, education reform, educational games, Aboriginal
legends, Youth novel, winter and summer safety, school transportation
safety, school bus monitors, sexual abuse, violence, bullying, food
allergies, etc.
- Serve as a resource for communications: organization
of events, Web site, etc.
Source: First Nations Education Council
Website
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Profile
Martine Kistabish
Martine, the Tribal Council’s executive secretary, is originally
from Pikogan but has been living in Kitigan Zibi Anishinabeg for
many years. She has been working as executive secretary for the Tribal
Council since its creation in 1992. However, twelve years ago, no
advisory nor technical services were offered. The organization was
taking care of only political files. For her part, Martine was working
on almost everything by answering the phone, writing letters, attending
meetings, etc.
Since the start she always liked to deal with the member
communities. She likes the fact that her work gives the opportunity
to share with
the members and to learn about their various initiatives. Another
aspect that she likes a lot is that her job lets her get involved
in various projects. Therefore, being the executive secretary,
she takes care of the logistical aspect of the planning of meetings
for the board of Directors; as well she is involved in the organization
of punctual activities such as the annual general assembly and the
elections.
Because of her role of “touch-a-tout” Martine
has to make sure that everything runs smoothly for everybody. This
is one
of her main challenges. This implies that she has to make sure that
everybody is happy with the arrangements, be it for hotels or to
determine the date of a conference call. This also brings her to
talk with different people to try to have them understand the reason
of certain decisions.
When asked to name one of the major difficulties
she faces in her work, Martine explains that it is not really a difficulty,
but rather
an element that adds to the work load. It is the fact that all the
documents produced by the Tribal Council have to be bilingual. When
we are pressed by time, this element can sometimes present a big
challenge.
As mentioned at the beginning, Martine has witnessed all
the events and the developments that the organization has gone through.
She
is happy to see the numerous services now offered to the communities.
This situation has given her the opportunity to meet different people
and to familiarize herself with various fields of work.
Martine is
still today a very important resource at the Tribal Council because
of her vast knowledge of the organization and because of
her dynamism.
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Housing Conference
The CMHC and Indian and Northern Affairs Canada, in collaboration
with Quebec's Tribal Councils are currently working on the organization
of the 2005 Housing Conference. This provincial event will be held
in April 2005, in Montreal. The conference will bring together about
forty people. They are members of Tribal Councils and Directors and
Housing Officers from First Nations communities across Quebec.
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Elections in Long Point
Elections were held in Winneway on November 30th, 2004. Chef Steeve
Mathias was reelected. The new Council is composed of, including
Chief Mathias, Jimmy Hunter, Merl Mathias, Diana Polson, Jerry Polson
and Fernand Wabi. Glen Mathias stays on the Council because his position
was not up for election this year.
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Construction projects in the communities
As mentioned in previous publications, many construction projects
were undertaken during the past months.
PIKOGAN
In Pikogan, major repairs were done to Migwan Street, a covered rink
was built and the expansion work for the health centre started.
A house for youth was also constructed.
EAGLE VILLAGE
In Eagle Village, construction began for a gas station
that will also include a restaurant and a corner store. The construction
of the health centre also started and the building should be completed
in March.
KITIGAN ZIBI
Kitigan Zibi concluded major road repairs on several
roads and people are still working on the Cultural centre for the
official opening
in spring 2005.
KITCISAKIK
A feasibility study on potable water alimentation and sewage
treatment in the bay Barker area is being conducted in Kitcisakik.
The study’s
conclusion, which should be available at the end of December, will
give the community an opportunity to evaluate the different possible
options during the village’s construction.
LONG POINT
In Long Point repairs to the school are planned. All windows
and doors will be replaced, an elevator installed, two classrooms
added
and the library moved. The library will therefore become accessible
to all community members.
LAC SIMON
Finally, in Lac Simon the extension of the health centre
is underway and should be completed in spring 2005. Six houses are
also being
built and should be ready in early 2005.
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Legal Responsibility of Organizations
In March 2004 the Criminal Code was modified to bring into effect
Bill C-45. The bill was established for the purpose of establishing
criminal responsibility for organizations and individuals who do
not take reasonable measures to avoid accidents in the workplace.
The
Criminal Code qualifies criminal negligence as:
Unconcern for the
risk of life or safety of others -Acting or not acting when it is
their duty to do so.
The Bill C-45 clarifies the duty as, any person
who directs the achievement of work is responsible to take action
to prevent employee injuries.
The Bill innovates and widens the range
of responsible people who can be fined, for criminal negligence,
by globalizing it to organizations.
Organizations are considered various forms of joint companies, corporations,
associations, trade unions or enterprises.
This amendment simplifies
the investigation of the employer accused of negligence to the safety
of it’s employees. This project
innovates and also widens the range of people that could be sued
by including organizations.
Under the terms of the modified Criminal
Code, anybody who commits an infraction or is linked to the organization,
are legally responsible
for the organization’s fine.
The organization could be cleared of the fine by proving adequate
machinery was installed, a reasonable number of suitable personnel
were assigned to locate all foreseeable risks related to health and
safety and policies and procedures were established to ensure the
protection of the employees against any risks.
Once the organization
proves that prevention measures were in effect and were applied to
all levels of the company they could be cleared
of the charges.
The maximum fine that can be given to a guilty organization
has been raised from $25, 000 to $100, 000. In more serious infringement
cases,
there could be no limit to the fine issued. The amount of the fine
is issued according to the seriousness of the incident and the extent
of the injuries caused (wounds or death).
Bill C-45 introduces new
factors such as economic benefits with the infringement costs, infringement
preparations at the commission,
the economic viability of the organization creating employment, expenses
of investigation etc. The possibilities of readjustment of the business
will influence the amount of the fine (antecedents and implementing
correction measures). The court will also be able to issue a decree
to the organization. The diffusion in the public of the charge, the
application of policies in health and safety and measure to ensure
a follow-up on the application of these policies.
The bill does not
change the personal liability for the administrators or the senior
executive of the organizations. Under the terms of
the legislation in force, the administrators or senior executives
can be legally held responsible if they manage the organization with
the intent of committing offences or take part in criminal activities
in the interest of the organization. If it is proven that the administrators
or executives have acted without concern to the safety of others,
they could be equally accused criminal negligence with the organization.
Companies
will have to increase their vigilance in order to revise some practices
to contribute to improving safety in the workplace.
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