The Canadian government is getting ready to dispose of the Barriere Lake Algonquin’s traditional governance system, using a rarely invoked piece of the Indian Act known as Section 74.
As if jumping back to 1876, the Canadian government has invoked Section 74 of the Indian Act, a draconian measure that grants the minister of Indian Affairs the right to impose an electoral system on any First Nation that has its own leadership selection process.
The last time Canada invoked Section 74 was in 1924, when the colony state unilaterally deposed the Haudenosaunee government and placed a padlock on the Confederacy lodge.
This time around, the Minster has his sights on the Barriere Lake Algonquins, who live on unceded territory about 300km north of Ottawa, in the Province of Quebec. Barriere Lake is one of only a handful of Indigenous Nations in Canada that still have their own governance system.
“Community members refuse to accept this unilateral and draconian attempt to wipe out the way we govern ourselves. The government is attacking our governance system because it is intimately tied to our continuing use and protection of the land. We will defend our rights and customs for the sake of our generation and the generations to come,” says Tony Wawatie, a spokesperson from Barriere Lake.
It is also widely believed–by community members, activists, politicians and others–that by imposing section 74 the federal government hopes to dismiss several binding agreements that Barriere Lake has signed with Canada and Quebec. Both governments have continuously refused to implement the agreements; most notably, the landmark 1991 Trilateral Agreement which has been praised by the United Nations and the Royal Commission on Aboriginal Peoples.
In any case, Canada’s use of Section 74 is “a breach of their constitutionally-protected Aboriginal right to a customary system of government, and a violation of the minimum standards included in the United Nations Declaration on the Rights of Indigenous Peoples,” says the Indigenous Peoples Solidarity Movement (IPSM). Further, “It is an attempt to politically weaken the community, by destroying the way they have governed themselves since time immemorial.”
“The Government move also 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 ‘”
According to Barriere Lake Solidarity (BLS), the Department of Indian Affairs has already circulated a notice in Barriere Lake “announcing they intend to hold section 74 Indian Action band elections on August 19, 2010.”
However, as Tony Wawatie stated, “The community has every intention of resisting Indian Affairs’ attempts to abolish their traditional governance system.”
BLS also says the community is being increasingly harassed by the Quebec Police, who have been policing their territory since April 1, 2010. “Community members have been regularly pulled over on the highway and on the access road to their reserve. Some women have recounted being pulled over by an SQ officer and being made the subject of sexist remarks. ‘What have you got there in back seat? Got something for me?’ they were asked. The officer then followed them home in his cruiser after telling them, ‘I’m going to come over and sleep with you guys.’”
“The escalation is an indication that the Canadian and Quebec governments may attempt to use the Quebec police to impose their political dictates, as they’ve done in the past. Barriere Lake’s supporters will need to be vigilant and hold their governments to account, lest they attempt to push through section 74 Indian Act elections with brute force,” adds BLS.
For more information and updates, keep an eye on http://www.ipsmo.org and http://www.barrierelakesolidarity.org
To send a letter in support of Barriere Lake’s rights, please fill out the form at http://barrierelakesolidarity.blogspot.com/2007/10/blog-post.html
John Ahniwanika Schertow is an indigenous rights activist of Mohawk (Kanienkehaka) and mixed-European descent. For the past 8 years, he has served as the e... 
The Algonquin people call themselves either Omàmiwinini (plural: Omàmiwininiwak) or the more generalized name of Anicinàpe. Many Algonquins still speak the Algonquin language, called generally as Anicinàpemowin or specifically as Omàmiwininìmowin. The language is... 
OUTRAGEOUS! This is a most incredible thing. It is unacceptable, to me, to have an outside entity force another People and culture into “doing things their way.” No doubt there is an “or else” somewhere in the mix. A government that goes against its own courts’ rulings on such cases is nothing less than a demonstration of authoritarianism. To use a police agency to intimidate the Anishnabe of Barriere Lake is akin to the Soviet style of bygone days where the KGB and Political Officers were used to intimidate anyone who dared think and speak independently of the state, in this situation, is absolutely shameful. It appears Canada is one thumb and finger away from a police state in matters dealing with the Natives of this land.
I can’t help but think of the emotion demonstrated by the Mininster of INAC during the recent ceremonies in Winnipeg at the TRC, shown on the news channels. Given that it is the Minister who must invoke Section 74 of the Indian Act, I am convinced that he is a two-face. TRC, in my mind, is not only about what the government(s) did to our People in their attempts to assimilate them using the Residential School system, it is also about other measures and actions these same governments implemented to assimilate and erase our way of life. How can anyone take the words spoken at this ceremony, by the government representatives, as truthful? Section 74 is another example of the Crown controlling our People and making them do things that are damaging to us as a culture – another reason why the Indian Act must be abolished.
The government(s) cannot and must not show remorse through elaborate public ceremonies of apology, like in parliament a few years ago and the recent TRC in Winnipeg, and continue to whip and intimidate us under the auspices of the Indian Act while ignoring ruling by judges in case law. Canada has condemned other authoritarian states and leaders who have done the very same thing. Truly two-faced.
I urge the Anishnabe of Barriere Lake to stay home and refuse to be forced to vote under the Indian Act. What can the officials do? Go into your homes to drag you out to the polls? That would be truly outrageous.
MO said…”I urge the Anishnabe of Barriere Lake to stay home and refuse to be forced to vote under the Indian Act. What can the officials do?”…
exactly, but that is not what happens .
Unfortunately when you live in poverty with no real power ,there will all ways be those in the community who can be bought or swayed by the powers that be. Its the old divide and conquer strategy,but again you must remember(before you judge others) the very desperate living conditions of many of the people .Indeed this power dynamic is found throughout Indian Country.
That said shame on the Cnd government .Imagine here we are in the 21st century,yet colonialism still continues to define the relationship.
The citizens of this country have a right to know why the Canadian gov’t is reneging section 74 of the Indian Act.(removing the First Nations right to self govern)
Will the Canadian gov’t allow itself to to become guilty of an old and crude(and politically incorrect) expression of” Indian giving”?
Is the Canadian gov’t posturing itself for future financial or corporate gain as a result of reneging section 74 of the Indian Act?
History dicates that the residential schools and reserves were nothing more than land grabs.
Its time to ask some very important and fundamental questions regarding the Canadian gov’t wanting to abolish the First Nations right to self govern.
a) when something has little or no value, would we waste our time and energy on it? no, normally we would not.
b) so why would the Canadian gov’t want to renege section 74 of the Indian Act?
c) Does the Canadian gov’t intend to change the land water use policy if they successfully renege section 74 of the Indian Act?
As I write these comments British Columbia’s pristine watershed Teztan Biny’s “fish lake” comes to mind. In this region the Canadian gov’t has changed the land water use policies on the First Nations traditional lands and waters.This lake is slated to be drained of all life (fish) and water for use as a tailings pond for mining purposes.
Is the Canadian gov’t projecting similar plans for the Barriere Lake Algonquin region?Will this land be at similar risk as the Teztan Biny project? If so the land has the potential for sucumbing to pollution and ending up as nothing more than a toxic landfill.
Afterwards, when the land has become exhausted, will the Canadian gov’t allow the First Nation people to regain their territory alongside their right to self governance?
The Canadian gov’t is allowing for more land grabbing for industrial purposes. Removal of section 74 of the Indian Act has far reaching implications for all First Nations people regarding their territorial lands and waters. This Indian Act change will give way to slow and painfull deaths of the First Nations people. Leaving them in the aftermath of living in these toxic waste sites, are nothing short of genocide for financial corporate gain.The direct expence being the First Nations people.
Does the Canadian gov’t believe that the First Nations people are totally ignorant of the Canadian government’s reasoning for reneging section 74 of the Indian Act?
All First Nations should strongly oppose the Canadian governments desire to renege on section 74 of the Indian Act, or be prepared for incursion of their remaining territorial lands and waters.
They should fight back, all the Native People of Canada should fight back.
An injury to ONE is an injury to ALL
All the Native People of the Americas should fight back.
Canadian First Nations- its yours, take it back!
Don’t ask for what is yours just take it back!
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