EMPOWERING MEMBERS THROUGH EDUCATION-SUMMARY OF LAWS

EMPOWERING MEMBERS THROUGH EDUCATION

Legislation Summary Impacting First Nation Peoples

Provided by Denise L. Watso

September 2nd, 2015

 

Indian Act (1876)

The Indian Act passed by the Government of Canada in 1876. It imposed government control over all Natives. It focused on 3 main areas: band councils, reserves, and status (membership). Its primary purpose was (and is) to control and assimilate Indian people into Canada. It was always intended as a temporary set of laws until Native peoples were successfully assimilated.

 

Bill C-31 (1985) – Lavell vs. Canada

In 1985, Bill C-31 amended the Indian Act to provide equal treatment of male and female Indians to register as a status Indian. Bill C-31 was directed at removing discrimination against women in the Indian Act registration provisions. Since then, all registered Indians have been subject to the “second generation cut-off rule” which occurs as a result of two successive generations of parenting with non-Indians of either sex. However, the Act’s gender discrimination was not fully remedied by Bill C-31.

 

Corbiere Act (1999)

The Indian Act voting regulations were amended to comply with the Supreme Court of Canada decision. The Court ruled words, found in section 77 (1) of the Indian Act, "and is ordinarily resident on the reserve," violated the Charter rights of off-reserve members of First Nations that hold their elections under the Indian Act. This decision, provide for First Nations holding elections or referendums under the Indian Act to permit members, living off reserve, to vote.

 

Esquega vs. Canada (2008)

In 2007, the Federal Court of Canada ruled in Esquega v. Canada that the residency provision for councilor candidates in the Indian Act violated the Charter of Rights and Freedoms. Since August 2008, there have been no residency restrictions on councilor candidates.

 

Bill C-21 (2008) - An Act to Amend the Canadian Human Rights Act.  Repeal of Section 67

Bill C-21 repeals section 67 of the federal human rights statute, does not allow anyone to file a complaint against government or First nations i.e. “any provision of the Indian Act or any provision made under or pursuant to that Act.

• Section 67 restricts the ability of people living or working in communities operating under the Indian Act to file complaints of discrimination if the discrimination they are complaining about is related to the Indian Act. It is the only provision in Canadian human rights law that restricts access of a particular group of persons (people living or working in First Nations communities) to the human rights process.


• The Canadian Human Rights Act prohibits discrimination based on eleven grounds. To ensure effective protection against discrimination, the Act provides for a system for the investigation and resolution of allegations of discrimination. A person who believes they have been discriminated against can file a complaint against any employer or service provider under federal jurisdiction including federal departments and agencies. This includes complaints regarding provisions of federal legislation and regulation.

Bill C-3 (2010) McIvor vs. Canada

With the introduction of Bill C-3, Gender Equity in Indian Registration Act it will mean that eligible grandchildren of women who lost status (Bill C-31) as a result of marrying non-Indian men will become entitled to registration (Indian Status) in accordance with the Indian Act.

2015 Abenaki Nation Elections hosted in Albany, NY

FOR IMMEDIATE RELEASE – September 2, 2015

Odanak Abenaki First Nation

Contact: Denise L. Watso, NYS Abenaki Liaison (518) 334-3101

Candidates for Abenaki Chief and Council to Address Voters

at Forum in Albany, Saturday, October 24^th

The Capitol District will host a forum for Abenaki voters to hear directly from candidates for Chief and Council of the Odanak Abenaki First Nation.  The forum will be held from 1-5 PM, Saturday, October 24th at the Best Western, Wolf Road, Albany, NY 12203.  This is an exciting time in the history of the Abenaki people – all Abenaki enrolled at Odanak are invited and encouraged to attend with their families.  

Elections will be held Saturday, November 28th, 2015, although voters may also cast their ballots by mail.

The Abenaki are the aboriginal people associated with homelands in much of northern New England and adjacent parts of New York, Massachusetts and Quebec, as well as with the Odanak (Saint Francis) and Wôlinak (Becancour) reserves in central Quebec (and historically with the Penobscot Nation in Maine, too).  Abenaki derives from Wabanaki (“people from where the sun rises,” “people of the east,” or “people of the dawn”), and this latter term is often used in a general sense to refer collectively to the Mi’kmaq, Malecite, Passamaquoddy, Penobscot and Abenaki peoples.

While many Abenaki have been thought of as “Saint Francis Indians,” living at Odanak, in truth many Abenaki families have maintained part-time or full-time residence within their homelands south of the border continuously since the American Revolution.  In fact, the first election held by the Odanak First Nation under Canada’s  Indian Act, the legislation regulating aboriginal affairs in Canada, occurred January 18, 1876, after many Abenaki (and their Indian Agent) complained that the three chiefs serving the community at the time – Louis Watso, Solomon Benedict and Jean Hannis – were away from the reserve so often that two additional chiefs were required to ensure adequate representation.  (The aged chief Louis Watso was actually living at Lake George, where a good deal of his family resided.)  Samuel Watso and Lazare Wawanolett were chosen from a field of six candidates, and elections for office have been held at regular intervals ever since.

Abenaki history on the upper Hudson dates to at least the late 17th century when many ancestors of the modern Abenaki people lived at Schaghticoke, near the mouth of the Hoosic River.  Continuing Abenaki presence in New York State is attested to by such notable 19^th century Adirondack Abenaki as Sabael Benedict, Mitchell Sabattis, and the late 19^th/early 20^th century Indian Encampments at Saratoga Springs, Lake George and Lake Luzerne were primarily occupied by Abenaki.  Despite a lack of recognition by the U.S. Bureau of Indian Affairs, these Abenaki families have persisted within and beyond their homelands:  today, the Albany metro region is a major Abenaki population center.  Other significant concentrations of Abenaki people are located in Waterbury, CT; Newport, VT; and Sudbury, Ontario.

This will be the fifth time that a formal forum for candidates for Chief and Council has been held in Albany, (elections every 2 years) the brainchild of and organized by Abenaki activist and educator of Abenaki family history, Denise L. Watso.  Off-reserve Abenaki were not allowed to vote in Odanak’s election until after the Supreme Court of Canada’s 1999 Corbiere ruling struck down the voter residency requirement of Canada’s Indian Act.  

The importance of the off-reserve vote has been increasing with each passing election.  This election, however, may bring about even greater change since the Indian Act was enacted that off-reserve Abenaki will be eligible to accept a nomination for office (per the 2007 Federal Court of Appeals’ Esquega decision).  The potential impact of this development places an even greater spotlight on the role of off-reserve voters in the civic affairs of the Abenaki Nation.

It is also a point of pride for many Abenaki who think of both Odanak and the Albany metro region as home.  Susan Marshall, a lifelong resident of Albany and Rensselaer, is looking forward to attending the candidate’s forum and voting for her first time.  “I just wish my mom (Mary Jane Nagazoa) was here to see this, knowing how proud she would be.”



2015 Updates Soon!

To all the readers,
I intend to begin updating the Abenaki Journal with news worthy articles, upcoming events, and activities that should be of interest to all of our community.
You can trust this blog will post ONLY authentic First Nations events. If you have a question about the authenticity of a hosted event, please don't hesitate to ask.
I support First Nations First.
Don't forget to Represent, Get involved, learn your culture, and never let them win the war on cultural genocide. The solution is in the culture.


Kindest regards,
Denise L. Watso

2013 IMPORTANT DATES

2013 ABENAKI NATION COMMUNITY - CAPITAL DISTRICT, NEW YORK

DRUM MAKING to TRADITIONAL ABENAKI SONGS
January 26th - February 24th
Abenaki families make a hand drum, then learn traditional Abenaki songs. The gatherings are held at the Shaker site, Colonie, New York. Meeting are from 1pm - 4pm.

ODANAK GENERAL ASSEMBLY
[1/26] [5/25] [9/28]
General Assemblies are for Odanak Band of Abenaki member updates, questions / answers of elected Council. All General Assemblies are held at the Community Center, and handicap accessable. The assemblies are at 1:30pm.

3rd ANNUAL SIQUAN (SPRING) CELEBRATIONS
April 20th
The Siquan (Spring) is a potluck social for our community, typically with an invited guest speaker. We welcome spring, and enjoy the afternoon, singing, drumming and feasting. 1pm - 4pm

ODANAK POW-WOW
July 5th - 7th
The Odanak annual Pow-Wow is an all weekend event.

SHAKER CRAFT FAIR
July 13th -14th
Abenaki community volunteers assist the Summer Shaker Craft Fair by hosting a childrens activity table, and a display of Abenaki artisans crafts. 10am - 6pm

SHAKER CRAFT FAIR
September 14th - 15th
Abenaki community volunteers assist the Fall Shaker Craft Fair by hosting a childrens activity table, and a display of Abenaki artisans crafts. 10am - 6pm

3rd ANNUAL PENIBAGOS
October 5th
The Penibagos (October - Leaf Fall Maker) is a potluck social for our community, typically with an invited guest speaker. We welcome the changes in the season, and enjoy the afternoon, singing, drumming and feasting. 1pm - 4pm.

ODANAK NOVEMBER ELECTION
TBD - 11/23 or 11/30
The elections dates are tentative.

Honoring Our Ancestors at the Branch of the River

Left to right: Denise L. Watso, Daniel G. Nolett, Senator Roy J. McDonald, Councilor Claire O'Bomsawin, Town Councilman John Rustin Sr., Town Supervisor Jean Carlson, and President of Knickerbocker Mansion Joseph Ferrannini 

            This summer, Abenaki citizens from Odanak and the Albany Capital District honored our ancestors and enjoyed a day of music and visiting at Schaghticoke, New York, where many of our ancestors lived from the 1670s to the 1750s. 

Schaghticoke – “at the branch of the river,” or the confluence of the Hudson and Hoosic Rivers – was home to aboriginal people from the Connecticut River Valley who fled the turmoil of King Philip’s War, when the English fought and defeated an alliance of First Nations which included some of our ancestors – Pocumtucks, Norwottucks, Sokwakis, and others.  Ancestors of the Msadoques, Wawanolett, Capino, and many other families were once known as Schaghticoke Indians.

Our Abenaki families have continued to live in the southeastern Adirondacks and upper Hudson Valley, and today the Capital District is home to many of our people.  

On July 28, Abenaki people were invited to the Summer Festival at the Knickerbocker Mansion, an historic site located on our ancestors’ lands.  Many local Abenaki attended, and several people traveled down from Odanak for the event.  Our Council signed a resolution proclaiming the significance of Schaghticoke in the history of our people, and this was presented to several local dignitaries by Councilor Claire O’Bomsawin. This was accompanied by an historical overview and songs presented by Daniel G. Nolett, Ozalee Nolett, Alanis Nolett, Jennifer Hanson, Noah Watso-Hanson, Michele Hamel, Anita Sioui, and me.

The rest of the day was devoted to fellowship, much of it spent under a large tent enjoying Abenaki songs led by Daniel Nolett and Jacques T. Watso.  It had been many years since our people drummed at this site.  It was an honor to be there with my fellow Abenaki, singing our traditional songs.

On a personal note, I would like to thank all of the local community members who attended.  Thanks also to Christopher Roy for his research on the historical presentation. 

Additionally, I would like to extend special thanks to all of those Abenaki who traveled four-and-a-half hours from Odanak to participate in the event:  Daniel Nolett and his family, Jacques T. Watso, Priscilla Watso, June Benedict Palmer, Anita Sioui, and Councilor Claire O’Bomsawin. 

 

Ktsi wliwni!

Denise L. Watso

Unseen Tears - Documentary Film of Thomas Indian School, Western, NY

Dear Readers;

April 2011

Some of our Abenaki community attended a documentary film "Unseen Tears" and panel discussion at Sage Colleges, Troy, New York, Dean of Education - Dr. Lori Quigley of Seneca Nation. An excellent documentary film that takes you through the lives of Seneca children - who today are adults who attended Thomas Indian School, in Western NY.

The schools are know as "Residential (Canada) or Boarding (Stateside) Schools", most of them were evil institutionalization of Indian children as young as 5 or 6 years old, sometimes even younger, taking every aspect of what is good and innocent in children and leaving them desperate to escape. They were often times abusive in every way imagineable.

Once old enough to leave, they could not escape far enough from the schools. Most attempted to escape themselves, self medicating with drugs and alcohol, some leaving home and joining the U.S. Military and sadly some committed suicide. Some have left this world because of alcohol or drug related deaths. These are our individual, family, community and nation struggles today. We have hope today, many of our people are following the Red Road to sobriety and recovery.

The day of the event (film) story; Michele Hamel (Benedict) and I went around and picked up some of the Abenaki elders -we all went to historic downtown Troy, NY, to enjoy a great dinner at local restaurant, had a few laughs, and then went on to Sage College, a beautiful campus by the way.

Dr. Quigley spoke first of the development of the how the film came to be. She then acknowledged and honored our Abenaki elders presence in the audience. The acknowledgement was awesome to witness for our elders. The film was very powerful. Councilors are present for anyone who may experience the need to talk to them during the film showing. The film is approximately 1/2 hour. There was a panel discussion of Seneca Nation people, all of whom had powerful messages to share for the audience. A question and answer period followed after the discussants finished.

The documentary film, Unseen Tears has begun a movement of healing for our people, through film. Our Indian people will begin to heal as we move toward open communication, openly discussing issues with each other and communitites, breaking down the barriors of silence. Remember the old saying "stop crying!", where do we think it came from? the past. Lets move on to the future;


Today we can honor our tears.
Regards all,

Denise L. Watso

Denise L. Watso, NY - Nominated for Councilor 2011

Today I announce to the Abenaki community, my family and friends, that on October 15th, 2011, I did officially accept the nomination for Councilor. The discussion with my family at Odanak over the October 9th weekend, and decided upon a couple days before the Nominations took place.
As most of you are aware, my past 15 years of being actively involved in organizing Abenaki cultural, social and political events in the Albany, NY metro area and actively involved with the Government of Odanak, with family living at Odanak and in the States, it just seemed to be the right time to begin the discussions.
I am present always and available to assist, and not only during election season, for the past 15 years I have been dedicated to our people’s advancement in all areas, i.e. education, health, citizenship code, McIvor, Esquega, preserving our elders stories, thereby preserving our history and our culture, always promoting, protecting and defending our aboriginal rights.
My vision is to gain the confidence and support of the Abenaki community on both sides of the border, through dedication and hard work.


Thank you all for your time, more to follow;


Regards all;


Denise L. Watso, Freddy Watso’s daughter