First Nation constitutions promote assertion of Anishinabek Rights

By Joey Krackle

First Nation constitutions promote the assertion of Anishinabek Rights and should allow Nipissing First Nation to manage its fishery.

Anishinabek citizens and Nipissing-Timiskaming federal candidates discussed at an Oct. 5 Anishinabek issues discussion the need for First Nation constitutions as an important step in being able to govern themselves.  In Nipissing First Nation’s case –  being able to manage their fishery in Lake Nipissing.

Three candidates:  Nicole Peletier, Green Party; Kathleen Jodouin, NDP and Anthony Rota, Liberal Party, participated in the event.  Incumbent Jay Aspin was unable to attend.

Moderator Maurice Switzer pointed out that the Nipissing First Nation recently developed and ratified their constitution and that this was one of the first individual constitutions in Canada. He asked each candidate to state their position on First Nation self-government.

Jodouin emphasized that having a constitution was part of life and that she recognized that self-determination was part of Anishinabek inherent rights. Peletier said that “she looked forward to reading it and thanked the participants for raising it.”

Rota congratulated Nipissing First Nation on taking the first step towards self – government and asserted that other levels of governments must recognize this legal status.  “First Nations require leeway and freedom to govern themselves at the local level,” he said.

The discussion then focused on how First Nations could enforce their own local laws.

Nipissing First Nation citizen Arnold May, who played a major role in developing the Nipissing constitution, expressed great frustration in the inability of the community to enforce its laws, especially, its fishery laws on a seriously depleted Lake Nipissing fishery.

“How are we going to enforce our laws if the province or the federal government did not recognize them?” asked May.  Jodouin said that the NDP would support Nipissing and in implementation and suggested that meaningful data could be used to get federal support.

Peletier agreed to support Nipissing and asked how she could help. “I am in full agreement with a First Nation right to make and implement its own laws,” said Peletier.

Rota emphasized the importance of “addressing this issue on a Nation-to-Nation basis as a first step while recognizing that these are two nations speaking to each other.”

Anishinabek Nation Grand Council Chief Patrick Madahbee said that he had actively participated in the constitution talks in the early 1980’s and that the federal government is  not through with the implementation of Section 35 rights.

“The feds committed to addressing this issue one year after 1982, but that this process was derailed by the treat of Quebec separatism,” said the Grand Chief who represents 39 communities in Ontario.  “The Anishinabek leadership has consistently advocated for the federal government to address implementation and we will continue to press the issue of Section 35 implementation.”

He argued that “having an individual First Nation constitution helps us rebuild our laws and our jurisdiction towards implementing Section 35 rights. Not being able to implement our own laws affects us every day. We should not have outside jurisdictions ruling on what should be First Nation laws.”