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Native leaders oppose new Indian Act
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by Michael Erskine
OTTAWA---Legislation to replace the 126 year-old Indian Act was
introduced by Indian Affairs Minister Robert Nault last Friday,
and
it was promptly greeted by an united chorus of opposition from
Native
leaders and opposition parties alike.
The controversial legislation has been a bone of contention
between
the leaders of the First Nation and the Government of Canada
since
before it was framed, with Mr. Nault moving to consult with
Natives
directly, attempting to by-pass Native leaders in the process.
Mr. Nault has called the legislation an end to the era of
colonialism, but First Nation leaders view the new Indian Act as
just
another example of colonial paternalism, foisted on their
communities
by the Federal Government.
"This legislation puts the authority and decision-making power
that
the Indian Act took away 126 years ago, back in the hands of
First
Nation people," said Mr. Nault. "This Bill will provide for the
creation of governance systems for First Nations, by First
Nations.
It represents a fundamental shift from the colonial approach of
the
Indian Act."
The previous system had required the Minister to approve any
bylaw
passed by a First Nation, but the new legislation contains rules
and
procedures for the First Nations to create their own local-level
governments and to govern financial management systems; an
approach
which Mr. Nault calls a complete departure from the methods of
the
past.
That assessment is not shared by First Nation leaders. "He is
saying
he is trying to modernize the Indian Act," said Assembly of
First
Nations Grand Chief Matthew Coon Come. "One does not modernize
colonialism, one rejects it."
"I have been to Ottawa three times to protest this new Indian
Act,"
said M'Chigeeng Chief Glen Hare, who is locked in a governance
dispute with the Ministry of Indian Affairs over the election
rules
in his community since last year. "My community voted on how
they
wish to select their leaders, and now we have to go to court to
get
the Ministry to recognize us. It should be our decision, not
theirs."
Chief Coon Come has said the government should put its efforts
into
treaty negotiations, instead of trying to update what they call
a
hopelessly misguided Indian Act. He has vowed to fight the
legislation in the courts.
The proposed legislation requires each First nation to write
three
sets of legal codes, one to describe how they will choose
leaders,
one to describe how local government would be run and a third to
describe how band funds will be administered.
The basic guidelines governing elections, terms of office,
voting
eligibility and an appeals procedure must be prepared first. The
description of this provision suggests that methods other than
democratically elected Chiefs and Councils, for example
hereditary
title, could be chosen as a method to select leaders.
Once the government is formed, the second code outlines how and
when
councils meet, how laws will be made, conflict of interest
terms, and
the rights and of access to information by band members.
The fiscal code will contain the rules about preparing and
adopting
the band's annual budget, spending, loans, employee payments and
debts. The Minister would retain the power to take over a band
in
cases of extreme mismanagement.
The First Nations would have two years to prepare the codes.
"This is all a reaction to the Alliance Party discovering a few
bands
out west that are having problems," said Ojibwes of Sucker Creek
Chief Patrick Madahbee. "All of the communities in our area are
very
well run. The imposition of a one fix-it-for-all solution just
won't
work. Even here on Manitoulin, each community has its own way of
doing things. The other thing is that if you don't do things the
way
they say they are to be done, they will force their set of rules
on
you. We are already going through that here with Chief Hare's
troubles with the Ministry over M'Chigeeng's elections."
"He wants to include money from land claim settlements in his
accountability rules," said Chief Hare, outlining another
unwanted
interference from the government in internal band affairs. "I am
all
for accountability, I have no problem with that. But I don't
think
they have any business in what we do with land claim money, that
is
for the membership to decide."
The M'Chigeeng First Nation has announced a protest walk to
Ottawa on
July 1, Canada Day, to accent its opposition to election rules
imposed by the Ministry of Indian Affairs.
Chief Hare was also incensed by the inclusion of the First
Nations
under the Human Rights Code.
"It is about employment," he said. "They say that when a new
Chief is
elected, he fires everybody and puts his own people in. I fired
one
person when I was elected, and the band council made me
reinstate
them. I don't have a problem with that. But don't paint
everybody
with the same brush. If you fire someone when you are elected,
that
is wrong. But don't just shove the rules down our throats."
The incorporation of band operations is a problem for the First
Nations as well.
"If you incorporate every band operation, you lose control,"
said
Chief Hare. "The board of the corporation takes over control,
you
don't have any control anymore."
If First Nations do not have a set of codes in place after two
years,
the Ministry will have a generic set of codes which will be put
in
place.
In the case of a conflict between Federal laws and the laws
passed by
the First Nations, the Federal law will take precedence.
"This legislation is not in our best interests," said Chief Coon
Come. "It shows the interests of the federal government by
trying to
entrench European models, principles and standards on our
people."
The First Nation leaders have declared the new Act as an attack
on
their treaty rights, arguing that First Nations should have the
powers of sovereign nations, as they did before the arrival of
the
Europeans.
The legislation accompanying the new Indian Act sets up a
commission
to deal with land claims, and although the new commission will
have a
cap set at $7 million for any settlement, the government has
said it
believes that over 80 per cent of outstanding claims can be
settled
under that cap.
Ottawa resolved seven claims last year, with a total of $178
million
in settlement funds. There are 550 claims still outstanding, and
at
current rates of settlement, it will take 30 years to clear them
all.
Mr. Nault said that many First Nations need to get their methods
of
government and financial management improved at the most basic
level
before moving on to eventual self-government. He said this Bill
is a
step in that direction.
"This isn't supposed to be Nault government, it is supposed to
be
self government," said Chief Madahbee.
According to Chief Hare, who viewed the proceedings and initial
debate on the Bill from the parliamentary gallery, all of the
opposition parties have criticized the government for moving too
quickly on the new Indian Act, and they have chastised the
government
for not building a better consensus amongst the First Nations
for the
changes.
"I am gratified at least that the opposition parties are
onside,"
said Chief Hare. "Even they are telling the government to slow
down
on this."
The First Nations are taking note of the stance of their local
MPs on
the issue, noted Chief Madahbee. "Chretien may be looking for
this to
be his legacy to the First Nations, but we will be watching very
closley how it develops. Chretien has said that there is room
for
things to be changed, or even for the Bill to be scrapped
altogether.
The Liberal Party is being watched over this."
Chief Hare had a few choice words for the Liberals as well.
"They keep talking about accountability, and how they want
accountability," said Chief Hare. "I say the Liberals should fix
up
their own house before they go telling anybody else how to do
it.
Nobody succeeds here."
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LAMBAC
marketing |
by Michael Erskine
MANITOULIN-LACLOCHE---With the three-year mandate of its
marketing
arm due to expire soon, LAMBAC has prepared a business plan for
a new
marketing corporation to carry on and develop its work, and
suggested
that other tourism marketing organizations, such as the
Manitoulin
Tourism Association, could be rolled into the new partnership.
"We looked at four alternatives for marketing the area," said
John
Murray, the consultant hired by LAMBAC to undertake the study.
"Staying with the status quo, creating a new marketing
organization
within LAMBAC, creating an independent marketing organization or
to
just dissolve LAMBAC's marketing division."
Staying with the status quo has the least incremental cost,
according
to Mr. Murray's presentation, and would maintain the marketing
function with established providers. But, as funding is running
out
for that three year pilot project, a new source of funds would
have
to be found for the operation. FedNor, the funding agent which
backed
the current three-year marketing project does not provide
ongoing
funding.
The fractured nature of the existing marketing process has a
large
number of small weak organizations chasing after the few
available
promotional dollars. Each of the membership organizations within
the
existing partnership have conflicting priorities. "There is a
need to
combine efforts," said Mr. Murray.
A new marketing organization, within LAMBAC, would have a larger
critical mass and could have a greater impact in the
marketplace, he
said. The assured funding associated with LAMBAC would provide
stability and allow the organization to provide a leadership
role.
The other responsibilities of LAMBAC, such as community
development
could provide a complementary function. The stability and
credibility
of the parent organization would encourage business and industry
participation as well, said Mr. Murray.
On the downside, it would be difficult for LAMBAC to maintain
active
support of tourism industry and related organizations,
especially if
funding has run out for that sector of the organization. The
organization would not be directed by those for whom the
marketing
effort is intended. It could be open to political interference,
noted
Mr. Murray, and it may not have the freedom of movement needed,
getting bogged down in bureaucracy.
"The organization's primary responsibility, tourism marketing,
may be
diluted by LAMBAC's other responsibilities," said Mr. Murray.
An independent marketing organization, on the other hand, would,
if
implemented effectively, would have the support of the tourism
industry, suggested Mr. Murray and that industry would be
actively
involved in the decision making process. The organization would
be
directed by those intended to benefit from it, and it would be
relatively free from political interference. As a non-profit
organization, it would be eligible for a wide range of funding.
A
free-standing organization would have scope for broad-based
partnering, both within and without the region, said Mr. Murray.
Funding also would be a major problem. The area's industry does
not
have sufficient resources to provide the necessary amount of
funding.
Even the funding from various levels of government could vary
from
year to year, resulting in continuity problems for programs and
services.
The final option, dissolving LAMBAC's marketing division, would
leave
the tourism marketing responsibility in the hands of the
Manitoulin
and LaCloche Chambers of Commerce and the Manitoulin Tourism
Association. Tourism partners would have input directly through
their
membership and participation in these organizations.
The disadvantage, according to Mr. Murray, is that only
Manitoulin
would likely be marketed. Espanola Chamber of Commerce would
likely
not provide tourism marketing services as there are limited
resources
in terms of funding and staff.
The conclusion Mr. Murray presented was to create the Manitoulin
LaCloche Marketing Partnership.
The study determined the viability of a regional marketing
partnership, with the goal of promoting and enhancing tourism
and
economic development efforts.
The process involved a series of steps, which Mr. Murray
explained as
he delivered his interim report on the business plan to a group
of
area business people and municipal leaders at the Little Current
Howland Recreation Centre.
The process began with a review of existing studies, documents
and
data from the area, interviewing key informants, a series of
consultation sessions, and led to the Phase I findings, and from
those findings, a recommended organization for the new marketing
partnership and the implementation of the program took place.
Mr. Murray, who described himself as having 20 years experience
in
the consulting field, told the large gathering of stakeholders,
area
economic development officers and municipal leaders gathered in
the
Little Current Howland Curling Lounge, that the business plan
was
based largely on the work of Dave Bingham and Darlene Nakamura,
who
had canvassed the area for input and information in the earlier
phase
of the project. They had also conducted the S.W.O.T. (strengths,
weaknesses, opportunities and threats) analysis on the data.
Mr. Murray outlined the many challenges which face the
Manitoulin
Lacloche tourism industry today, including both product and
market
challenges.
Product challenges, he noted, include inconsistency of the
product, a
need for broader and uniquely Manitoulin products and packaging,
standards, and enhanced natural and cultural tourism products.
Marketing challenges Mr. Murray described included the
difficulty in
understanding the market, intense international competition, a
limited awareness of Manitoulin-LaCloche in external markets,
changes
in consumer tastes and the increased costs of marketing and
promotion.
"The success of building a sustainable marketing partnership
will
depend on taking a focused and strategic approach to tourism
marketing and promotion," said Mr. Murray.
The need for political will and leadership in this area is also
critical, as are a buy-in and commitment on the concept by
industry
and stakeholders. In order to encourage that buy-in, a good
understanding of key opportunities and how best to pursue those
opportunities is needed.
"You have to find the right contacts for marketing partnerships
and
promotional initiatives," said Mr. Murray. "Backing that up with
practical and realistic strategies and promotional activities."
The need for adequate resources to help achieve these results as
well
as appropriate monitoring and evaluation mechanisms rounded out
the
factors which Mr. Murray listed as critical to building a
sustainable
marketing partnership.
"Four components must be in place to expand tourism in
Manitoulin,"
said Mr. Murray. "Marketing strategy implementation, enhanced
product
development, a strong commitment from the industry itself and
new
packaging and promotion ideas."
"Manitoulin has several strengths to capitalize on, including
the
North Channel, outdoor adventure, particularly the soft
adventure
market, festivals and events and nature eco-tourism," he said.
"These
need enhanced marketing and packaging to create greater
awareness in
the marketplace."
Mr. Murray said three factors will lead to increased tourism
revenues, increasing the yield on existing sales, increasing the
number of visitors to the region and increasing the length of
stay
and purchases made in the region.
The need for a sustained marketplace presence is clearly evident
according to Mr. Murray, as increasing yield requires a strong
partner value-added packaging and marketing. In order to get the
most
from pricing and yield management there is a need to put in
place and
organize enhanced training for front line workers. As well,
competitive analysis, the management of seasonality and the
targeting
of higher value customers all point to the desirability of a
single,
united approach to marketing.
Increased visitation will be accomplished by repeat visits from
existing customers, expanding in current markets and exploring
new
markets. By enhancing the pleasant experience of existing
customers,
they will be encouraged to return and to tell their friends and
neighbours about what a great time they had while in the region,
while carefully crafted targeted marketing will expand awareness
of
the product into new markets.
"The organization would have a clear mandate," he said. "To
market
and promote the region for tourism. Market the area as a
year-round
destination and develop and implement innovative programs and
packages." The organization would play a leadership role in
tourism
product development and at the same time support the region's
economic development with business attraction marketing.
The Manitoulin Lacloche Marketing Partnership would accomplish
these
goals by creating branding and awareness of the region;
developing
tourism product development and packaging; through tourism
marketing
and promotion and by actively engaging in business attraction
promotion.
Mr. Murray noted some specific ideas which the partnership could
work
on in this area, including First Nations packaging partnerships,
summer and winter adventure product development, enhanced
driving
tour routes, boating and marinas product development, regional
tourism packaging and branding, sports tournaments, shoulder
season
festivals and events.
The new organization would have an independent board and
full-time
staff. A marketing director would oversee the work of a
packaging and
promotions coordinator and a business attraction administrative
coordinator, and be responsible to the board.
The implementation would be phased in a 12-step sequence. First
the
adoption of the business plan, followed by stakeholder buy-in to
the
proposed approach. The partnership would include municipalities,
major local companies, LAMBAC and funding agencies, such as
FedNor
and the Northern Ontario Heritage Fund Corporation.
From partners, funding commitments would have to be secured, and
an
interim board established. Then recruitment of staff could take
place, along with setting up the new agency. The development and
maintenance of a new image and identify would quickly have to
follow,
through the initiation of image awareness activities.
From there, implementation of tourism planning and development
initiatives, tourism promotion and packaging initiatives and the
partnering with other development and marketing organizations to
promote the region.
The final steps in the implementation would be to assist with
regional business attraction activities and the monitoring and
evaluation of the programs.
"The results of implementing the business plan should be
significant
after five years," said Mr. Murray. "The results will include
increased annual tourism revenues, many new tourism jobs and
enhanced
tourism and community economies throughout the region."
Reaction to the proposal was generally positive, but mixed. Some
members of the audience were less than supportive of creating a
new
organization.
"Wouldn't it be better to put the $150,000 of funding commitment
and
put it into an existing organization to strengthen it?" asked
Central
Manitoulin Economic Development Officer Darcy Chapman.
"We don't have one," answered LAMBAC marketing manager Paul
Marcon,
indicating he did not believe such an organization exists.
A suggestion was made by Manitoulin Publishing owner Rick
McCutcheon
that the mandate of the Manitoulin Tourism Association already
provided many of the functions outlined for the new organization
and
Bill Ferguson suggested the MTA mandate be expanded and adopt
the
roles envisioned for the new organization.
CDC President Gary Green, on the other hand, lent his support to
the
idea of a new organization, rather than putting the money into
the
Chamber of Commerce or the MTA. "The sooner that happens the
better
off the area will be," he said.
Stig Puschel, of FedNor said it was imperative that a strong and
real
commitment from stakeholders be demonstrated, if there was to be
any
hope of a funding contribution from his agency. He pointed out
that
the current marketing project had started with 100 per cent
funding,
and after three years there is only 25 per cent of the funding
coming
from the private sector. "None of that business commitment is
coming
from Manitoulin Island," he said, noting that a funding
commitment
was unlikely, "...unless we start seeing a strong commitment to
provide ongoing money to the initiative." FedNor might get
involved
on a project by project basis, but the stakeholder commitment
would
have to be closer to 50 per cent.
The need for marketing to allow the Manitoulin Lacloche area to
maintain, upsell and expand tourism in the area is clear, and
the
case was made for an organization whose primary function is to
coordinate marketing and packaging of the region, support for a
particular form that organization will take does not yet appear
clear, but the purpose of the Interim report was to include
stakeholder input in the final design of the business plan, and
that
seems to be well on track.
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World Cup draws interest of local 'football' enthusiasts |
by Neil Zacharjewicz
GORE BAY - For as long as World Cup soccer has been on
television,
Jack Whyte has followed it.
With his VCR set to record the early morning games, the local
artist
from Gore Bay is taking in this year's edition of the soccer, or
"football" as it is known to the world outside of North America,
event.
Mr. Whyte said what makes "the beautiful game" so fun to watch
is the
fact there are no commercial breaks.
"It's a pure sport," he suggested. For instance, with hockey,
just
when one team begins to build some momentum, they break for
commercial and the players end up standing around until the
coverage
returns.
"There have been some really great games this year," Mr. Whyte
explained, pointing out some of the most recognized teams have
been
eliminated from the tournament already, such as France.
He indicated he believes the reason many of the favored teams
have
already been eliminated is because the players are quite simply
worn
out. He said most of the players participate in between 85 to 90
games a year, but the premier players who tend to play for
favored
teams play on some of the best teams in leagues around the
world, and
probably play an extra 25 games more than others.
"The demand on these players is extraordinary," he suggested.
The climate conditions may also be a factor affecting this
year's
tournament, Mr. Whyte suggested. He said it has been very hot,
with
temperatures of 93 degrees with humidity, and some of the teams
may
not be used to these conditions. He said he believes when teams
are
able to play in familiar conditions, it can act as an aid for
the
team. He pointed out England won its last game in the rain, a
condition they are quite accustomed to playing in back home.
Easily the world's most popular sport, Mr. Whyte pointed out the
fans
are fanatics. He noted there were people in Ireland who
mortgaged
their houses in order to be able to afford to attend this year's
World Cup event.
"The fans are really behind their countries. I think it's
genetics...
they're born with it," he remarked.
"Brazil is the most exciting team to watch," he suggested. He
said
Brazil is one of the few teams where the coaches seem to give
the
players liberties to try things. Other teams tend to be more
defensive, but Brazil allows the players to play their way,
which
results in a much faster paced game.
Mr. Whyte believes another reason it is such a popular sport is
because it is very personal. Many of these players play in
leagues in
countries which are much more compact than Canada. As such, they
can
travel to not only their favorite teams home games, but also to
their
away games, which often can be as short a jaunt as two hours
away. He
suggested this is likely another reason the support has not
attained
the same popularity in Canada as it has around the world:
Canada's
size is prohibitive. For us, the East and West coasts are
practically
two different countries, and the population is sparse. Around
the
world, in countries with a high population density, they are
bound to
find good players. He said some of the things the children can
do
with a soccer ball are just amazing.
Mr. Whyte noted while the sport is a lot of fun to watch, and
the
fans are very enthusiastic, there is a lot of pressure on the
players
to win, which is why many teams seem to play so conservatively.
"It's all about money," he said.
In many cases, it goes even beyond that. He pointed out after a
Colombian player scored on his own goal which led to a United
States
victory a number of years ago, the player was assassinated when
he
returned to his homeland. Two fans from Turkey were locked up
for 15
years for killing an English fan following another game sometime
back.
"I'd say some people take this really seriously," Mr. Whyte
stated.
So who is he pulling for to win the big game?
"I want England to win," he said. He pointed out he watches the
English premier league when he can, so he can identify many of
the
English team members. He said he believes if Michael Owen can
protect the
ball, England will go all the way.
Despite the fact many of the favorites have been eliminated,
there
are still some tough contenders in the mix, he noted. Spain,
Germany
and Italy have a great shot at winning the tournament, and Mr.
Whyte
predicts Brazil will finish off Belgium to keep their World Cup
hopes
alive.
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