Wednesday, 6 June 2012

Family Separation: Processes to Healthy Relating


I am certain that the chapter five, Risk and Resilience After Divorce is a must read of every married couple, common law, or couple planning to get married, especially where children are involved. The chapter pokes holes in the myth of the process of divorce being associated to a chaotic family. The statistics show the many common variables that lead to divorce or separation by agreement, death, and irreconcilable differences, and also less understood factors such as a single negative event, and further discusses the adjustment of children involved in the process. The odds seem to be stacked against couples who wish to get married with half of all marriages ending in divorce. I experienced this kind of stereotypical thinking from others reflective of these statistics when I got married.  Chapter six, The Diversity, Strengths, and Challenges of Single Parent Households by Carol M. Anderson elaborates about the strengths of the couple - their ability to choose a healthy alternative to chaos or fighting in their home.
Another strong statistic that jumped out at me from chapter five, coming from a male standpoint was that 84% of children reside with their mother post divorce or separation. I was not so much interested in the racial, economic and educational factors that surround divorce as I was in the patterns of interaction and personal characteristics that are associated to divorce. In my first nation community, there are several couples who have been married for over or approaching 50 years. I think it is more a generational trend to separate, with influences such as television altering people’s realities and expectations. Within First Nation communities this generational trend of separation is compounded with a frustration and deep hurt and anger held by First Nation peoples due to negative historical events and factors. As a result of this frustration parents teach their children to be angry, the children go on to carry this anger and not relate well and struggle to foster health relationships.
There is substantial research to indicate that individuals react negatively following a divorce or separation. This is often in the form of self destructive behaviors. This depends on protective and vulnerability factors, I.E., - the level of support from family of origin and a variety of factors associated with what kind of support is transmitted. Overall, the risk is 25% of divorced family households vs. 10% of non-divorced household family, lead to problem behaviors in children. In step family situations, the likelihood of conflict increases as there are more variables involved such as biological parents not agreeing with the parenting of a step parent among many more.
There are pre-existing factors that can lead to a divorce/separation before any problems arise. “There is evidence that paternal divorce impacts womens’ expectations for their own marriages, so that women that experienced their parents’ divorce have lower relationship commitment and relationship confidence, controlling for prior parental conflict and current relationship adjustment. Selection of a stable, supportive spouse from a non divorced family however can essentially eliminate the risk of martial instability associated with having divorced parents”.[1] I understand this quote that the womens’ expectations are influenced by a series of disruptions in her upbringing, resulting in a trauma bond.[2] In other words, even when things are going well, she will have anxiety as to what will happen next, a ‘this is too good to be true’ mindset, what is going to mess it up? A parent is often consumed with the stresses of divorce/separation that they will neglect the needs of the child.
Co-operative co-parenting is the ideal, except 75% of divorced couples undermine the other parent’s ability to parent. The parenting style that that works well is authoritive, characterized by warmth, support responsiveness, and consistent control and monitoring still works better in non-divorced than divorced household.  In households where there are stepfamily situations, boundaries established early will decrease the likely hood of conflict between biological parents and step-parents. In the end however, it is the child that is adapting to new rules and authority figures, likely other children from another parent after a remarriages or the re-partnering process occurs. This process can be likened to the adjustment of moving to a foreign country.
Many divorced mothers turn to their own parents for emotional support and child care. In circumstances where partners undermine the others parenting capabilities and techniques after a divorce or separation, this statistic will be more explosive in a situation where a mother comes from a household with a history of divorce, other disruptions, and enmeshment. I personally know a lot of people who have been raised by their extended families. I also see these same people continuing on patterns they grew up with and living them out within their own relationships, I.E., - Children of young parents often become young parents themselves. In contrast I know people, not as many however; that ‘the cycle’ does not repeat these patterns and in fact do the opposite of what they grew up knowing and being around. Ultimately, in my own opinion, how one raises their own children and is a measure of success that is more important than any degree, amount of money or other monetary gains.
          The scenario I want to create involves a young family and the influence of their birth family on their relationship. I am mediating a young couple breaking up, with one child involved and I am the councilor. The metaphor I am going to use is the fire truck. Briefly, Larry and Larisa were together for 2 years before getting married at 20 and 22; they had a baby one year later. They separated one year after the baby was born, and divorced another year after the separation.  Both Larry and Larisa have a strong relationship with their son, Landon. Larry’s parents married at 17 & 20 divorced after 1 year when Larry was 1 year old at marriage. They separated after much conflict in the family when Larry was 5 years old. Larry does not have a relationship with dad and is ‘enmeshed’ in an unhealthy relationship with his mother. Larry’s sister is a drug and alcohol user and ‘medicates’ with Larry. Larisa’s parents married at 26 & 27 and are still married after 26 years.  Larisa was born after 3 years marriage. Both Larisa’s parent’s have a good relationship with their grandson, Landon.
Couples such as Larisa and Larry, who have agreed to separate, would be better suited to be married and or to be single parents once they have had the opportunity to read the chapters 5 & 6 of this book. While the information and statistics about the families in conflict may seem daunting, there comes great expectations and hope that with the proper support and the development of conflict resolution skills this young couple may avoid many problems which come with separation, divorce and single co-operative parenting.
Larry is partially aware that he is modeling some of the same troublesome behaviors as he was raised in and for which he doesn’t have a full solution. He is somewhat stuck. He needs support and assistance in understanding and addressing his errors without causing him further embarrassment or shame.  Part of his solution is to have a working understanding of his own up-bringing and then do the resolution of the effects of his upbringing. 
I help Larry develop a concrete sense of security for his choice to separate and end the ongoing conflict with his wife and in a careful way with his mother and father. Part of this is for Larry will be assisted to make a more positive support system by making a connection with his family-of-choice, create more empowerment with family-of-origin and to recognize his current distorted views of being a separated, perhaps failure – single dad. I would help Larry to come to being able to understand and be able to practice doing family conflict resolution even with his ex-wife.
Another part of the process is to develop a positive language, eliminating destructive language and know why he did it in the first place. He will also construct a family map to identify the types of relationships he presently has. I would prepare him to initiate a meditation process to be the parent he wants to be and to co-parent in harmony. By getting Larry to do some practical exercises in dealing with his present perceptions of being a single parent, Larry will  dislodge old distorted thoughts, behaviors and ways of relating. I would approach the work with Larry in steps: the seeking process, preparation for the quest, developing tools and skills of the quest, the journey, and the last part would be - living centered. Much of the work with Larry would be about learning to re-establish his emotional package and do this in practical emotional steps.[3]
I realize how difficult the work of a family therapist or councilor is and yet, I see that it is a job that takes genuine commitment of time, energy and great care of listening and enhancing the strengths of the client. I would listen carefully to ensure that Larry is empowered as a man and as a father.
The metaphor I use to help me understand the process is a fire truck putting out the fires - what are the fires? The fires are the disturbed emotional expressions of conflict. Emotional disturbance can get people into a crazy-making mindset,  I.E., - Larry’s mother keeps him disabled in a way by over-reacting and causing Larry to do as she says – to look after her needs rather than that of his own and his son’s. The fire truck is not dealing with source of dysfunction of relation. The fires were smoldering there before the wedding.
In my first assignment I discussed enmeshment, “Enmeshment is interference in their child’s ability to solve family conflict issues”. Author Froma Walsh states, “The overused label ‘enmeshment’ over pathologizes families whose high cohesion is culturally normative”. She goes onto say that there is a “high connectedness and caretaking may be both functional and desirable in couples and families, without being intrusive”.[4] When I say that Larry is enmeshed with his mother, I am referencing that he cannot make decisions without his mother and the ones he does make – are not designed to include his wife Larisa. In this case, Larry has had his mother’s emotional expression and her interest in being right – first. Enmeshment in this case is the stunting of Larry’s ability to fully function as a adult partner to his wife and the mother naturally exploits Larry’s feelings of low self-worth. She also does not support a full blown relationship with her daughter-in-law Larisa which is further disturbs Larry’s ability to parent in a single way. Larry’s sister is drug and alcohol focused and Larry is drawn to this type of coping way as well.
This scenario and analysis helps me or associates with me – by educating me and preparing me to study in more depth and relevance family dynamics and family conflict. I understand that in my marriage that we are better prepared to deal with common issues of any newly married couple. The information of chapter 5 & 6 created for me an understanding of what children go through when parents separate or divorce. I have a better working knowledge of children with whom I work with and even with some of my own family and friends. I am already witness children expressing concerns about divorce and separation.

Bibliography
1.      La Vallee, Jaye. Experiential Psychotherapist / Like skills Trainer.
2.      Walsh, Froma. Normal family processes: growing diversity and complexity. 4th ed. New York: Guilford Press, 2012.


[1] Walsh, Froma. "Risk and Resilience After Divorce." In Normal family processes: growing diversity and complexity. 4th ed. New York: Guilford Press, 2012. 108.
[2] La Vallee, Jaye . Interview by author. Personal interview. Winnipeg Manitoba, May 29, 2012.
[3] La Vallee, Jaye . Interview by author. Personal interview. Winnipeg Manitoba, May 29, 2012.
[4] Walsh, Froma. "Clinical Views of Family Normality, Health, and Dysfunction: From a Deficits to Strength Perspective." In Normal family processes: growing diversity and complexity. 4th ed. New York: Guilford Press, 2012. 47.

 

Friday, 4 May 2012

From Hockey Enforcer to MIxed Martial Arts Fighter...My Thoughts

Derek Parker is as honest and likeable of a guy as you could meet. I would argue he is more so than that of most people due to the code he lives by, - integrity.
I have fought him 4 times, and have lost 3 times for sure. I am rooting for him him to excel, not so much as I am hoping that he pursues this dream and gets out of it healthy, moves on and starts a family before he gets a serious head injury that will send him on a different path.
I have boxed with him and in my opinion he could use more work, a little stiff. Heart and hard work can only take you so far in this sport.
I have invited him out to Winnipeg to come train at Academy 64, roll with black belt Garry, spar with Sebastian and Jamal, do some pads with Joe and Jim.
Good Luck Parker.
May 4th, 2012


By Neil Davidson, The Canadian Press
A former hockey enforcer who has spent more than 45 hours in the penalty box, Derek (The Lion) Parker is no stranger to fighting.
But the 28-year-old Regina middleweight takes it up a level Friday night when he makes his Maximum Fighting Championship debut against Jared McComb (4-1) at “MFC 33: Collision Course” in Edmonton.
Adding to Parker’s unusual journey to cage-fighting, he made it to the MFC after reaching out to owner Mark Pavelich via Facebook.
“I always enjoyed fighting. Now I’ve really found my sport,” Parker (3-0) told The Canadian Press. “As a hockey player, that was my role.
“There’s a lot of hockey players that get forced into that role whereas, for myself, I look back at it and it was just kind of the role I always wanted.”
Originally from Melville, Sask., Parker played for the Lethbridge Hurricanes and Moose Jaw Warriors in the WHL before a 54-game stint in 2004-05 with the Wichita Thunder of the Central Hockey League that saw him collect six goals, eight assists and 503 penalty minutes.
According to hockeyfights.com, he had 44 fights that season including seven against Topeka’s Tyler Hanchuk.
“We played them often,” Parker reminisced. “He was a tough guy for sure.”
He spent the better part of the next five seasons in the fight-filled LNAH (Ligue Nord-Americaine de Hockey) in Quebec, dropping the gloves for St-Hyacinthe, Sorel-Tracy and Trois Rivieres. His first season in the league, he had 70 fights and 508 penalty minutes.
“When I got there I was 22 years old and I was like a kid in a candy shop, because every team had three or four guys that were willing to fight. Like I said, I always liked fighting and I was ready to fight anybody.
“I had a lot of opportunities there.”
He finished his hockey career in 2009-10 with short stops with the Flint Generals and Dayton Gems of the IHL after spending some time in the Chicago Wolves’ AHL training camp.
Hockeyfights.com lists Parker as having 290 career fights. His own estimate is 350, with “probably 340″ wins.
Parker recalls his father’s words. “He said ‘You fight, you better win.”
Still he acknowledges he “had to earn some lessons along the way.” That includes being knocked out.
“At the beginning in 2005-2006, yes, he was a good fighter. … But a few years later after some KOs he was not the same,” said an LNAH official.
While Parker never grew tired of his role as an enforcer, he admits it took a toll on his hands. Sometimes winning became just painful as losing.
In August 2005, he took part in Battle of the Hockey Enforcers in Prince George, B.C. He lost to eventual champion Dean Mayrand in a round-robin split decision that Parker says many people thought he had won.
Parker went on to fight in a European version in October 2010, winning the show called Ice Warriors.
He remembers it fondly. A lot of the competitors were from the LNAH and they stayed at the same hotels, ate meals together and swapped stories.
Then there was the Regina hockey fight camp, which he ran for two summers after the late Derek Boogaard backed away from it because of averse publicity. Parker has also helped out the Regina Pats, educating them in the art of hockey fighting as a martial art.
A shade under six foot one, Parker normally walks around at 195 pounds.
He started “dabbling” in MMA back in 1999 thanks to the strength and conditioning coach of the Lethbridge Hurricanes. After taking part in some amateur fights in 2007, he realized after three losses that while he was long on toughness, he was short on technique.
“I learned that I had to learn that it’s a new sport,” he said.
He now trains at the Wiley Jiu-Jitsu Academy and at Siam Kickboxing and Muay Thai, both in Regina.
Deryl Bangsund, one of his striking coaches, says Parker showed him early on that he has heavy hands, athletic ability and toughness.
“He doesn’t shy away from stuff,” said Bangsund.
“Derek is uncannily focused,” he added. “One of his largest strengths is his dedication to being the best whatever … He strives for excellence.”
In March, Parker won his pro debut by submitting Dave Bedard in Sherbrooke, Que., on an Instinct MMA card. In addition to his MFC deal, he has a contract with the Quebec organization so he can fight in front of his fans from the LNAH days.
Parker will be easy to spot at the Mayfield Trade and Convention Centre on Friday. He’ll be wearing pink shorts as part of an anti-bullying statement – his slogan is “Be a hero, stop bullying.”
Away from the cage, Parker has worked in the oil field as a process operator but is now focusing full-time on training. To make that happen, he is renovating and selling his house.
He plans to go to university in the fall and hopes to train with the University of Regina wrestling team.
As for the nickname The Lions, his middle name is Leo – which is also his zodiac sign.
He says he showed his fighting attitude right from the get-go. Born with bad asthma, he spent much of the first two years of his life in hospital.
“They actually thought I was dead twice,” he said. “It made sense to me a little bit later when my Grandma Jones said to me ‘I used to watch you fight for your life. Every breath we thought was your last and you had to fight. Now you’re just fighting for fun.’”
The main event Friday is a fight for the vacant welterweight title between Edmonton’s Ryan (The Kid) McGillivray (12-5-1) and American Nathan Coy (10-4).
McGillivray is bidding to become the first Canadian welterweight title-holder in the MFC’s 12-year history

Tuesday, 24 April 2012

Current Threats to First Nations

Indian Act - needs to be amended as suggested in Wahbung. If abolished land becomes fee simple, have to pay taxes, just like a municipality. The Indian act being eliminated is not the answer but only section 35 should be reformed to address current situations. Elimination of the Indian act would create a vacuum for legislation protection of programs and services, for example taxation. Indian act is the only legislation that protects first nations, if it was eliminated, first nations would not have any legislative protection, to protect their rights. As bad as it the Indian act seems, or outdated,  it still holds legislative protection. Elders today fear leaders will negotiate away their rights and someone else will close in on them, I.E., - The Wuskwatim Project  Nelson House in now locked into, and  the land management act which alters treaty rights
The Land Management Act (LMA) has been introduced, but in the opinion of first nations this act is not close to the original treaty. LMA is a municipal type that can be subject to taxation and other provincial regulations, ect. LMA is used successfully by communities because of their location, -i.e.,  swan Lake, OCN, BP, OCN, but if circumstances that they become bankrupt they are not protected under the Indian act, they can be seized and by the gov’t and  banks, and no longer have reserve status. The land management act is like the metis scrip, its best only for immediate gain. Ten bands in Manitoba are using this Act. LMA is actually to address what the 1969 paper was going to do for first nations, no more special rights, ect. , the only reason the LMA works is because of a community’s location.  Chief Clarence Louie from BC is an advocate of the Land Management Act, except his reserve is in the middle of the Okanagan Valley, the key to any business working is location, location, location.

Thursday, 12 April 2012

2012 National Chief Elections

There is an organization called NAACP in the United States that follows this idea, the National Association for the Advancement of Colored People. Ultimately thats a model RROMA aims to become in its own regards. I have been at this for awhile and don't want to let what I have help start slip away.
Of course there are many differences in the history between blacks and FNs, between the country politics, and culture of support amongst ethic groups. Point is, it is a different direction.
My position is, working together...the steps to get there, need to be reconsidered than what is happening now (see current threats).
Updates
As the race continues, I will continue to comment with my thoughts. There are no clear front runners as marginal candidates continue to enter the campaign. It seems that Atleo has lost the confidence of the chiefs and more importantly those that influence decisions of the leadership. this is perhaps due to the education panel and rumors that his advise comes from a non aboriginal woman whose husband works for AANDC. In otehr words, everything he says lately comes out AANDC
 A new candidate has thrown her hat in the race, Dr. Pam Palmater. I am interested to see if part of her platform will include returning the process of deciding identity to the communities.





http://aptn.ca/pages/news/2012/04/09/former-ojibway-chief-nelson-seeks-muslim-support-announces-candidacy-for-top-afn-chief-in-mosque/

Monday, 9 April 2012

April 10th

Just some thoughts about whats going on,,,I have a few classes to finish up then I have my BA. This will free up my time to stay home and look after my boy while his mom is at work in October. I will continue to pursue higher education in the fall. In the fall, the gym will most likely be running out of Garry's gym, I will be rernting some space there, Tues, Thur, and Saturday. Garry has been good to me over the years and this will be a good arrangenment.
On a personal note, Its has been over a year since I fell off the wagon after 4 months and partied, getting hammered and smoking weed til I got sick and passed out. That was the last time, not only because I am a dad and have wanted to live drug and alcohol free for years (I sometimes have beer, after a meal or watching a fight, but not out at the bar, getting drunk). It is because I have learned how to stand on my own emotionally.
This was a process I went through with some training with Jim and with my wife to create a healthy relationship for ourselves and Giizhig. This is a process that is ongoing and applies to all relationships. I had to learn to deal with stresses in healthy ways on an individual level -i.e., working out is a great outlet but with some techniques. When I exhale I say the affirmation of 'peace'. This of course is the easy stuff, the more difficult stuff is still out of my scope but I am doing better than I was in the past and better than alot of people. It is important to be a student of life, and observe others.
There are many of our FN people that are emotionally hurt and can't see, hear, talk and think properly. The real role models are the people who are committed to helping to those and not advancing thier individual agenda's; in my opinion. We are living in the most interesting time in history, and actions now will have consequences in the future.
For me personally, I know what I need to do for guidance at the end of the summer. I am sick of the public opinion of maistream society and that is a major stumbling block. How can I live my life and contribute to nationhood and be happy with myself when I look in the mirror when I am retired and a grandad?
Life is just getting interesting for me, I look forward to the memories I will create with my little family in the coming years. This has been the best 5 months of my life, nothing better than looking into my smiling boys eyes.

Wednesday, 4 April 2012

Natural Resources Transfer Act:Outstanding First Nation Issues

Intro
The Natural Resources Transfer Agreement (NRTA) has always been an issue with First Nations. First Nations believe that the NRTA breached the Treaty between First Nations and the Crown; therefore modified the treaty without First Nations consultation and consent. Canada also breached its due process by constitutional amendments to change provisions of the constitution. The NRTA has far-reaching implications for First Nations. The First Nations are now seeking some remedy to address the outstanding issues of the NRTA. This essay will examine the original Treaty relationship between First Nations and the Crown. It is also necessary to examine that Canada is a federal state with division of powers according to the Constitution. The spirit, intent, and content of the NRTA will also be discussed. The essay will also briefly outline the First Nations provisions in the NRTA like hunting, fishing and trapping. To provide the legal base to these outstanding issues some Supreme Court decisions relevant to the NRTA will be mentioned. Finally the essay will suggest some recommendations like Treaty Land Entitlement (TLE) and natural resource share revenue from the land.
First Nations and Canada
To understand the trust/fiduciary relationship of Canada and First Nations, one needs to understand the relationship basis of First Nations and Canada, along with the Aboriginal rights which flow from being First Nations of North America. It is a legal fact as stated by the Supreme Court that, “First Nations were already here with distinctive societies, customs and their own laws.”[1] Before the arrival of Europeans, Aboriginal rights include title, government and including their ways of looking after themselves. The Royal Proclamation of 1763 is a declaratory recognition of Aboriginal rights by the Crown. It is not an instrument that accords rights; it is simply an acknowledgement of the rights of First Nations people. The elders of First Nations strongly believe through their teachings, language and history, their rights come from the creator.
The legal basis for the federal government to be involved in, “Indians and the lands reserved for Indians”,[2] is within the Constitution Act 1867 in Section 91[24]. The Constitution of 1982 includes sections 25, 35, and 37 which recognizes and affirms First Nations rights, and First Nations are of the opinion this obviously must include the right of self-government. The Indian Act is a passed pursuant to section 91[24]. It is administration legislation for management and control for First Nations and allows a limited local government like band councils. The Indian Act does not address the Aboriginal rights of First Nations. Treaties were negotiated with the Crown to deal with the land transactions to establish a relationship of the sovereignty of First Nations as holders of title to the lands, and the sovereignty of the Crown, the government for the settlers. This process did not include a conquest or defeat in war nor any surrender by First Nations. The Treaty process before and shortly after 1867, established the right for First Nations more than any other citizens by the very fact that First Nations were the original owners of North America.
According to Rarihokwats (historian), Treaty negotiators had templates in place that would rival the best modern business arrangements in which an Indigenous nation hires an ‘Indian Agent’ to sell off the opened-up lands. Income is remitted to Ottawa and placed in a ‘capital account’ to the credit of the people; interest is earned which goes into a ‘revenue account’, and government takes off 10% as an administration fee. Indigenous nations remain totally independent and self-sufficient. This is from the Archibald papers in the Ottawa archives and in the early Annual Reports. In 1871, Treaty negotiation began. Farming reserves were set up for those who wish to farm; economic activities continue on lands not taken up for settlement. “Treaties were negotiated for livelihood and economic transition for future generations”.[3]
Rarihokwats articulates this critical time period that followed treaty changed the fortune of Aboriginal people and led to poverty and the current underfunding crisis today. Prime Minister John A. Macdonald floods the prairies with immigrants attracted to offers of ‘free land’ – but Sir John fails to buy the lands he is giving away; huge tracts of land are given away to lure in railway investors – but no purchase of lands from Indigenous nations. Soon after poverty sets in, the Indian Act legislation and restrictive policy within control the lives of First Nations.[4]
The above description of the relationship of First Nations and Canada provides the assumed legal basis of funding arrangements for First Nations. A fiduciary relationship arises because the opening up of lands for settlement is handled by the Crown pursuant to the Royal Proclamation. This arrangement places fiduciary obligations on the federal government as the agency responsible for fulfilment of the Crown’s responsibilities. Further, the Supreme Court of Canada has built strong foundations under the trust/fiduciary relationship which must govern the federal government's relationship with First Nations.
There are two key reasons why the federal Parliament does not have unlimited powers to use section 91 (24) as it pleases. The first is that because of the Treaty relationship, as such, the Crown is obliged by a trust/fiduciary relationship created by the fact that the Crown correctly set itself up as the sole beneficiary of any transfer of Indian lands or resources. That reality cannot be changed by uninformed order of Parliament. Secondly, the Constitution Act 1982 has guaranteed the recognition and protection of Aboriginal rights.[5] Recent Supreme Court decisions like Guerin and Sparrow have recognized trust/fiduciary obligations to the First Nations including land.
Canada as a Federal State
Canada is a federal state; the concept of federalism is important to understand the role of the federal and provincial government. This concept is based on the principle of a nation similar to Great Britain; the Constitution of 1867 was based on similar principles of that of Great Britain. The Canadian Constitution of 1867 outlines the divisions and powers between the federal and provincial government. Sections 91 are the powers of the federal government and section 92 are the powers of provincial government. Section 109 clearly outlines about the constitutional control, jurisdiction over land and natural resources. This means it is the provinces according to the constitution that have the jurisdiction about lands and resources. First Nations Treaties are not mentioned but section 91[24] of the Constitution provides a legal basis about Indians and lands reserved for Indians.
NRTA: Spirit, Intent and Content
The NRTA came into effect 1930 confirmed by the Constitution act of 1930. The government of Canada in its original Constitution 105 provides jurisdiction of land to the provinces. It was only in 1930 that the provinces of Saskatchewan, Manitoba and Alberta, received jurisdiction and transfer of the administration of natural resources and the control of Crown lands from Canada to the provinces. NRTA was part of the Constitution of 1930. NRTA transferred control in administration of resources and lands to the provinces. For First Nations, Canada requested sufficient unoccupied crown lands to fulfil outstanding treaty land entitlement obligations to First Nations. This provision in the NRTA is the major discussion at this time. First Nations think that the transfer of jurisdiction over lands, waters, and natural resources, within traditional treaty territories of the First Nations, was contrary to the spirit, intent, and terms of Treaty. According to Manitoba First Nations, the NRTA infringed their rights to hunting, fishing, and trapping along with water rights and natural resources.[6] [7]
NRTA Provisions: hunting, fishing and gathering
In Manitoba, three groups begin plans to turn Northern Manitoba rivers in a source of hydro electric power for Manitobans and beyond in the late 1950’s. These groups were Manitoba Hydro, the Government of Manitoba, and the Canadian Federal Government; there was no First Nations consultation. Hydro began operations leaving First Nations and the environment adversely affected. In the 1970's Manitoba Hydro signed a treaty, the Northern Flood Agreement (NFA), with five of the communities affected, to build hydroelectric dams. This was signed to address grievances of the communities affected but there was little to no action from this agreement in the years that followed.
First Nations view the NFA as a stall tactic and in the 1990’s four of the communities signed Comprehensive Implementation Agreement (CIA) and Statement of Understandings (SOU) to proceed. However, this does not compare to other agreements in Canada. This is neither a livelihood nor a resource revenue sharing model and alters Treaties which are meant for both parties to share benefits of resources, but is rather a business partnership with extinguishment clauses – I.E., in the Wuskwatim deal, Nelson House First Nation assumes all financial liability, is tied to the success of future development, limits their ability to act as stewards of their own traditional resources and cannot seek redress through legal means in the future. The SOU does not support the hunting way of life, in fact, moves in a direction that diminishes the possibility of a future for northern hunters.
The NRTA gave jurisdiction to province, which violates the Treaty making process. This is why a community in Cross Lake First Nation’s position, who did not sign a CIA, holds a strong case for land rights and legal action. Recent Supreme Court decisions support First Nation Treaty rights to land- I.E., Delgamuukw case. Further supported by international law, and Section 35 of the 1982 Constitution, that is why the so-called implementation agreements signed in the 1990’s, which serve to extinguish rights promised in the NFA, are unconstitutional, and will not stand in court challenges that may rise. NRTA transfered all natural resources to the Prairie Provinces with the exception of lands reserved to Indians and hunting and fishing rights, with respect to unoccupied crown land.[8]
The Conflicting View between First Nations, Federal Government and the Provinces
Treaties were to open the lands for settlement, immigration, and trade. Nowhere is there any suggestion at all that there was mention made that as a result of Treaty, the First Nation signatories would be forever excluded from use, control, and benefit of the natural resources that had been previously enjoyed.
            The federal government has faced counter-pressures to First Nation demands that the federal government deal with natural resources within Treaty areas in concurrence with its trust, Treaty, and constitutional responsibilities. The provincial and territorial governments have been persistent, determined and vocal in their demands that they, not the federal government, should have complete and unrestricted control over natural resources within their borders.[9]
The three Prairie Provinces have all benefitted financially in different senses. The major industry Alberta is the tar sands and they have long been the economic power province in the country.  Recently in Saskatchewan, they have went from a ‘have-not’ to a ‘have’ province with the boom of the pot ash mines, also known as pink gold. In Manitoba, there is hydro development yet the province remains a ‘have-not’ province due to circumstances like flood crises year after year. The Universal Health Care Plan in Canada is bankrolled by more than ten percent of Canada’s Gross Domestic Product (GDP) revenues from resources. It is ironic resources taken from First Nations territory are allowing Canadians to enjoy a standard of health among the top ten of all countries in the world, while First Nations health sits closer to 100 on the United Nations index. Experts agree the most significant factor of poor health is poverty; First Nations do not receive any revenue sharing from resources in their territory.[10]
In Saskatchewan, Perry Bellegaurd said, “We're looking at challenging that NRTA, but we call it resource benefit sharing”.[11] When word that the First Nation Chiefs planned to legally challenge the potash industry resonated, “Canada’s Premier Brad Wall shot back by brandishing legislation dating back to 1930. ‘If there’s any attempt from a legal standpoint [to claim ownership],’ he said, ‘we would defend the fact that the natural resources of Saskatchewan are the exclusive jurisdiction of the province of Saskatchewan according to the Natural Resources Transfer Act of 1930.’ Mr. Wall said the Act ‘sets out whose jurisdiction this is and we obviously feel very confident in that being the position of the province’”.[12] The problem in Saskatchewan is that the prairie did not receive the title to the land and jurisdiction until 1930; whereas the eastern province like Ontario, New Brunswick, Nova Scotia had the original title specified under the constitution. The BNA act in 1930 gave Constitutional effect of Natural Resources Transfer Act (NRTA), the First Nations position is the NRTA is unconstitutional because First Nations were not consulted, consented, or agreed to any changes and this was illegal. According to Frank Tough, the NRTA has a weak position according to their different opinions from each of the provinces. Frank tough also indicates that the NRTA was agreed on without proper historical context. In other words, the NRTA was established without a thorough legal analysis of history and treaty rights. Because NRTA lacks a historical base, the law may appear weak in defense of NRTA.[13]
Another example is Keeseekoowenin First Nation. The original treaty also included fishing rights on the west side of Clear Lake. When the NRTA was established in 1930, Riding Mountain National Park was also established shortly after. During this process the fishing and land rights within the national park were taken away. Later through research and court challenge this land was reverted back to reserve status as was suppose to be in the original land status of Keeseekoowenin First Nation. This is a classic example of a First Nation with no legal right at the time, no consent and consultation or any public surrender to land; therefore, the NRTA violated the treaty between Keeseekoowenin First Nation and the Crown. This also gives an example when NRTA was established; it dishonoured treaty obligations to First nations. In this view, NRTA did not have a strong legal position because it lacked a proper analysis of the historical content of treaties.[14]
Supreme Court Decisions: Blais, Horseman, Badger
The Supreme Court of Canada has determined that if any uncertainty is sensed, such reservations are to be read against the drafters of the documents, and in favour of the First Nations. The evolution of law - strongly in support of the First Nation position, must be seen as still at its infancy and in continuing evolution.[15]
On February 10th, 1994, Ernest Blais and two other men went hunting for deer in the district on Piney, in the province of Manitoba. At the time, deer hunting was prohibited in the area by the terms of the wildlife regulations prior to the Wildlife Act of Manitoba, 1987. In the court’s view, R. v. Blais raises the issue of whether the Métis are Indians under the hunting rights provisions on the Manitoba Natural Resources Transfer Act. The court concluded that they are not. This confirms that the original treaties with First Nations are what the court recognizes.
In the case of R. v. Horseman, Bert Horseman, a treaty Indian, went moose hunting in the territory north of his reserve and shot a moose in the spring of 1983. The moose was too large to bring back to the reserve so he went got other band members to help him. When he returned, there was a grizzly bear there that had begun to eat the moose, the bear charged. Mr. Horseman shot and killed the grizzly bear, skinned it and took the hide. One year later, in spring of 1984, he applied for and was issued a grizzly bear license under the Wildlife Act and sold the hide. The conflict is Mr. Horseman did not have a license under the Wildlife Act to hunt grizzly bears or sell their hides at the time he shot the grizzly. Even though, and acted in good faith, he was charged with trafficking wildlife.
In the case of R. v. Badger, treaty Indian Wayne Badger was caught hunting on private property on Treaty 8 territory and was charged under the Wildlife Act. In this case, three questions must be answered. First, do Treaty 8 Indians have the right to hunt on privately owned land within territory surrendered under that treaty, second, have the treaty rights been extinguished  as a result of the NRTA; and third, what extent does the Wildlife Act extend to the claimant. The conflict of interest was whether the same means of earning a livelihood would continue after the treaty as existed before it, or if the right could be limited by government regulations passed for conservation purposes.  The judge then turned to the issue of the NRTA. He found that it extinguished the right to hunt commercially but not the right to hunt for food. When interpreting any treaties, they must be given their natural meaning as understood by the Indians at the time that they were signed. The limitation of the hunting treaty should be based on visible, unsuited land use. The Judge considered whether the Wildlife Act, which required hunting licenses, violated their aboriginal right to hunt. He found that it did violate their rights and could not be justified under the Sparrow test. [16] These Supreme Court decisions clearly indicate that the original treaties may have been modified but not extinguished. There was no clear intent by the crown to extinguish treaties, but merely to attempt to control and manage them under provincial regulations. This non-extinguishment is one of the reasons why First Nations have a strong case in their favor.
Section 13 of the NRTA states, “In order to secure to the Indians of the Province the continuance of the supply of game and fish for their support and subsistence, Canada agrees that the laws respecting game in force in the Province from time to time shall apply to the Indians within the boundaries thereof, provided, however, that the said Indians shall have the right, which the Province hereby assures to them, of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have a right of access.”[17] These decisions confirm that the original treaty had a larger view of hunting, fishing and trapping rights. NRTA limited these rights.
TLE and Revenue Sharing
Following the Numbered Treaties, surveying for reserves was to follow a formula allocating 640 acres to each family of five, or an average of 128 acres per person. Problems that ensued were; First Nations populations fluctuated, or surveyors simply did not provide enough land. The bottom line is most bands fell short of the required size.
Officials worked under the assumption that the TLE had been met. First Nations argued the original population estimates were too low, necessitating additional lands and another survey.  Section 10 of the Natural Resources Transfer Agreement recognized that the federal government had yet to fully meet its TLE requirements, and took steps to ensure that: (1) the provinces would have a role in TLE; and (2) provincial Crown land would be needed to fulfil First Nations TLE. Required to provide lands nonetheless, provincial authorities had to decide whether to use the population of the band at the date of the first survey (DOFS) or the population at the most recent survey. The second survey, which First Nations insisted to be used, meant multiplying the most recent official population by 128, and then subtracting that from the total from the amount of land originally received to arrive at the amount still owed the First Nation. The provinces all objected to the first formula, instead arguing for the DOFS formula. The federal government proposed a compromise formula based on the existing population and receiving 23% of land owed.
With the TLE was dragging on, the Minister of Indian and Northern Affairs Canada, Judd Buchanan wrote to all the premiers urging them to settle outstanding TLEs. The stumbling block was about who was going to pay, the provinces or the federal government. First Nations filed a statement of claim against the federal government to go to court; this resulted in the creation of the Office of the Treaty Commissioner and the equity formula. A number of First Nations have used their TLE money to purchase lands and lease to farmers, generating significant revenues.  Others have bought land in urban areas, building office or retail buildings.[18]
Conclusion

In 1930, the federal government entered into a series of agreements with the Prairie Provinces through which it committed to the transfer to them of unoccupied lands, monies, and resources. There was no consultation with the First Nations, who were at the time legally prohibited to engage in legal actions on their own behalf. In making the transfer, the federal government did not consider or protect the First Nation interests. The Agreements were later confirmed by Parliament and by each of the three provincial legislatures.The conduct of the federal government appears to be contrary to its Treaty and fiduciaryresponsibilities. To the extent that the transfer breached obligations of the Crown to the First Nations, Parliament's action could be considered void. A variety of grounds for legal action are suggested by analysis of the historical record.[19] The NRTA spans across Treaties 1-8, however, criticism is that the leaders are too divided and cannot work together.  In other words, leaders have to have a political process, established by First Nations and the Prairie Provinces to seek redress to fiduciary/trust obligations from the Crown.


[1] "The Supreme Court of Canada’s Decision in Marshall and Bernard: available at http://www.grantnativelaw.com/pdf/MarshallandBernard_TitleImplications.pdf. (Accessed March 5, 2012).
[2] "The Constitution Act, 1867." The Solon Law Archive. http://www.solon.org/Constitutions/Canada/English/ca_1867.html (accessed April 2, 2012).
[3] Ray, Miller, and Tough, “Bounty and Benevolence”: A history of Saskatchewan Treaties. (Montreal: McGill-Queens University Press, 2000), p. 73, 77.
[4] Rarihokwats, (Historian). Interview by author. Personal interview. Winnipeg, February 12, 2012. 
[5] First Nations: The Forgotten Factor in the Transfer of Natural Resources to the Prairie Provinces. A Preliminary Research Report. 1994.
[6] Price, Richard. Legacy: Indian treaty relationships. Edmonton: Plains Pub., 1991.
[7] Teaching treaties in the classroom. Saskatoon, SK: Office of the Treaty Commissioner, 2002.
[8] Martin, Thibault, and Steven M. Hoffman. Power struggles. Winnipeg: University of Manitoba Press, 2008.

[9] First Nations: The Forgotten Factor in the Transfer of Natural Resources to the Prairie Provinces. A Preliminary Research Report. 1994.
[10] Jason Clemens. “Turning point 2014”:Reforming Canada Health Transfer. Accessed 20 February 2012 at: http://www.ipolitics.ca/2011/10/27/jason-clemens-turning-point-2014-reforming-the-canada-health-transfer/

[11]  37th PARLIAMENT, 2nd SESSION, Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources. /EVIDENCE :CONTENTS.Tuesday, June 10, 2003. Accessed March 23, 2012 at:http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=988599&Language=E&Mode=1&Parl=37&Ses=2       

[12] Ebrahimi, Helia . "First Nations chiefs plan legal Potash challenge - Telegraph." Telegraph.co.uk - Telegraph online, Daily Telegraph, Sunday Telegraph - Telegraph. http://www.telegraph.co.uk/finance/newsbysector/industry/mining/8065143/First-Nations-chiefs-plan-legal-Potash-challenge.html (accessed March 2, 2012).
[13] Tough, Frank. "Introduction to Documents: Indian Hunting Rights, Natural Resources Transfer Agreements and Legal Opinions From the Department of Justice." Native Studies Review 10, no. 2 (1995): 121.
[14] Thompson, Dorfman, Sweatman. For Reason of Their Own: The Removal of Kessekoowenin Band From The Clear Lake Indian Reserve. Draft #3. 1994.
[15] First Nations: The Forgotten Factor in the Transfer of Natural Resources to the Prairie Provinces. A Preliminary Research Report. 1994.
[16] Borrows, John, and Leonard Ian Rotman. Aboriginal legal issues: cases, materials & commentary. 2nd ed. Markham, Ont.: LexisNexis Butterworths, 2003. Print.
[17] "Schedule - Manitoba Natural Resources Transfer Act." Available at http://web2.gov.mb.ca/laws/statutes/ccsm/n030e.pdf (accessed March 12, 2012). 
[18] Belanger, Yale Deron. "Cowessess First Nation: Self-Government, Nation-Building, and Treaty Land Entitlement." In Aboriginal self-government in Canada: current trends and issues. 3rd ed. Saskatoon: Purich Pub., 2008. 240-258.
[19] First Nations: The Forgotten Factor in the Transfer of Natural Resources to the Prairie Provinces. A Preliminary Research Report. 1994.