It’s possible that I shall make an ass of myself. But in that case one can always get out of it with a little dialectic. I have, of course, so worded my proposition as to be right either way (K.Marx, Letter to F.Engels on the Indian Mutiny)
Saturday, May 13, 2023
CRIMINAL CAPITALI$M
Scotiabank fined US$22.5M by U.S. agencies for use of messaging apps
The Canadian Press
BANK OF NOVA SCOTIA (BNS:CT)
66.520.04 (0.06%)
As of: 05/13/23 7:40:44 am REAL-TIME QUOTE. Prices update every five seconds for TSX-listed stocks
Bank of Nova Scotia has been fined US$22.5 million by two U.S. agencies for violations related to employee use of unapproved communication methods including text messages and WhatsApp.
The Commodity Futures Trading Commission issued a $15 million penalty related to record-keeping and supervision failures, while the Securities and Exchange Commission levelled a $7.5 million fine.
The CFTC said it found that Scotiabank affiliates for years failed to stop employees, including senior staff, from communicating through unapproved methods including text messages and WhatsApp, while the SEC said it found "pervasive and long-standing" use of off-channel communications at the bank.
The agencies said the bank was also required to keep a record of these communications but that they were generally not preserved, violating record-keeping provisions of federal securities laws.
The CFTC said the use of the communication channels violated Scotiabank's own policies, and that some of those tasked with supervising these policies themselves used non-approved methods of communications.
Scotiabank spokeswoman Heather Armstrong said in a statement that the bank is committed to running its business according to the "most current high standards of business conduct and adhering to all regulatory requirements," and has agreed to the resolutions with regulators.
In 2020, the CFTC ordered Scotiabank to pay $127.4 million for manipulation of futures contracts, false statements, compliance and supervision violations.
This report by The Canadian Press was first published May 11, 2023.
CANADA
Grocery rebate bill becomes law, one-time payments will land this summer
The Canadian Press
The Department of Finance says the grocery rebate the Liberals promised in this year's federal budget will be extended to eligible Canadians on July 5.
That confirmation comes after Parliament passed legislation on the measure this week.
The government has billed the one-time payment as targeted inflation relief for some 11 million low- and modest-income households.
It repeats the temporary boost to the GST rebate that the government offered last year to address growing cost-of-living concerns.
Eligible families of four will receive up to $467 by direct deposit or cheque from the Canada Revenue Agency, while single people without children will get up to $234 and seniors will see a rebate of up to $225.
The new law also enshrines a $2-billion top-up to the federal health transfer that seeks to reduce backlogs and wait times and support pediatric hospitals and emergency rooms.
This report by The Canadian Press was first published May 11, 2023.
Greenpeace alleges 'greenwashing' in oilsands ads; Competition Bureau to investigate
The Canadian Press
The Competition Bureau of Canada has opened an investigation into allegations of greenwashing against the Pathways Alliance, a consortium of oilsands companies.
Greenpeace Canada says it made the allegations earlier this year, together with representatives from the Canadian Association of Physicians for the Environment (CAPE) and Environmental Defence, as well as a concerned student from Guelph University.
Greenpeace says it is concerned about the Pathways Alliance's "Let's Clear the Air" marketing campaign.
The campaign talks up oilsands firms' plan to get to net-zero greenhouse gas emissions by 2050.
But Greenpeace alleges the campaign is a misrepresentation, because it doesn't account for the emissions generated by the use of the fossil fuel products Pathways sells, only for emissions generated during the production process.
In its letter to the complainants, the Competition Bureau said its inquiry will seek to determine if the Pathways Alliance advertising campaign made false or misleading environmental representations.
This report by The Canadian Press was first published May 11, 2023.
Tidal power firm winds up Nova Scotia project, blames red tape and delays from Ottawa
Michael Tutton, The Canadian Press
A firm that hoped to generate electricity from the Bay of Fundy's massive tides is instead winding up operations after a regulatory struggle with the federal Fisheries Department.
Jason Hayman, chief executive of U.K.-based Sustainable Marine Energy, says investors are placing their Canadian subsidiary into bankruptcy after fruitless talks with the department. His firm will wind up all its operations in Canada, resulting in losses of approximately $30 million to $40 million, depending on sales of equipment and assets, he added.
"We're out .... The Canadian company will be placed in voluntary bankruptcy," Hayman said in an interview Friday. "It's very disappointing for our team and everyone else."
The company's catamaran-style tidal platforms — with turbines resembling inverted windmills — were praised as promising innovations when the firm installed them during a first phase of testing near Nova Scotia's Brier Island. The next step — now cancelled — would have been to bring them to the testing site about 200 kilometres northeast in the Minas Basin, where the world's highest tides flow.
Sustainable Marine Energy planned to produce megawatts of electricity to power Nova Scotia homes; instead, the executive says the firm's bankruptcy will discourage other investors. "It's going to kill the whole tidal power adventure in Nova Scotia and sterilize the massive investment that's been made by the provincial government, the federal government and private investors," Hayman said.
A letter sent Thursday by the federal Fisheries Department didn't satisfy investor concerns, he said, because they couldn't see a clear way forward for the project. The regulatory hurdles imposed by Ottawa — requiring the company to monitor whether fish would collide with the tidal platforms — proved too difficult to implement, he added.
The firm had been one of four expected to operate turbines at the test facility operated by the non-profit Fundy Ocean Research Centre for Energy, near Parrsboro, N.S. The facility provides berths where tidal companies demonstrate the effectiveness and environmental impact of their technologies.
In the letter, the Fisheries Department said the project's rotors were capable of moving at 15 metres per second and could potentially impact fish. "We still don't know how well migratory fish can control their movements and avoid structures," the department said.
The letter acknowledges that sonar systems to detect fish wouldn't work in the upper levels of the water where Sustainable Marine's turbines operate. In addition, the cloudy waters of the basin make it difficult for underwater cameras to distinguish objects passing through the turbines.
Amid these "significant challenges," the department suggested Sustainable Marine Energy work with researchers on finding a technology that would succeed, repeating an offer made in March to allow the company to install a single turbine in the Minas Basin for one year and monitor whether fish were colliding with the equipment.
It said any further authorizations to test more turbines would depend on the effectiveness of whatever technology the company would develop over the next year to detect fish movements.
But Hayman says the federal government was unclear about how much information it would have needed to satisfy its concerns about potential harm to fish.
In 2020, Sustainable Marine received $28.5 million from Natural Resources Canada in what the Liberal government billed in a news release as a “historic investment in tidal energy.” The release said the project could reduce greenhouse gas emission by up to 17,000 tonnes annually and demonstrate “the ability to harness tides as a reliable source of renewable electricity.”
Graham Daborn, a biologist and professor emeritus at Acadia University, said the bankruptcy illustrates the huge scientific challenges in harnessing the world's most powerful tides.
Daborn — who has studied the Bay of Fundy's marine life and ecosystems for more than 50 years — said the scientific problems have their genesis in the selection of the turbulent waters of the Minas Basin as a test site.
"The Minas Basin in particular is very, very difficult," he said. "The velocity is higher and the turbulence is extreme. All of the devices that have been used elsewhere to look at fish movements in relation to a turbine have been in more moderate conditions."
He said that in the Minas Basin the sonar waves from fish monitors are dispersed by the air bubbles of fast-moving waters, rendering them ineffective as fish trackers. In retrospect, Daborn said, it might have been wiser to select parts of the Bay of Fundy where monitoring technologies already tested elsewhere would have worked.
"But in this case, the fundamental question that's not answered is: can fish detect if they're approaching a working turbine, and if they can, can they avoid getting there?"
This report by The Canadian Press was first published May 12, 2023.
Scotland Backs Study on Tidal Energy-to-Hydrogen Project
The Scottish government has backed tidal power development for years, and it is taking its support a step further with a new fund for projects that marry tidal turbines with green hydrogen production.
The new project - Green Hydrogen and Oxygen Supply from Tidal Energy, or "GHOST" for short - will study the generation and utilization of hydrogen and oxygen in the Shetland Islands, powered by tidal energy. The initiative is relatively unique for its plan to capture and use the oxygen that is produced as a byproduct of water electrolysis, the central electrochemical reaction in green H2 production. The Shetlands are home to the SaxaVord Space Centre, which could use the oxygen for rocket propulsion. Aquaculture operations could also potentially benefit from a local supply of commercial O2.
On the energy supply side, the study will look at the feasibility of installing tidal power equipment near the isle of Yell, a designated "carbon neutral island" located just northeast of the Sullom Voe oil terminal.
The project will be headed up by tidal power pioneer Nova Innovation, with support from partners at the University of Strathclyde, Shetland Islands Council and Ricardo Energy. Nova Innovation is the operator of a tidal array off the north coast of Yell and has plans to add another off the south coast. The region is known for its powerful tidal currents, as well as its prominent role in the UK North Sea offshore oil and gas ecosystem.
“We believe that green hydrogen will transform the energy industry, deliver huge benefits for the people of Shetland with heat and transport, as well as creating the possibility of green space flight," said Simon Forrest, CEO of Nova Innovation. “With the opportunity to bypass electricity grid constraints, hydrogen is a promising route to market for tidal energy and other renewables.
WestJet pilots could strike next week, but imminent walkout would be 'premature'
Christopher Reynolds, The Canadian Press
Talks between WestJet pilots and their employer dragged on Friday as the union warned a walkout could come as early as next week, leaving passengers' travel plans up in the air.
The Air Line Pilots Association (ALPA), which represents some 1,600 flight crew at WestJet and subsidiary Swoop, said it is poised to file a 72-hour strike notice — but not at the earliest opportunity at 12:01 a.m. on Saturday.
"I'm fairly certain that I won't be putting the strike notice in tonight," said Bernard Lewall, who heads the union's WestJet contingent, in a phone interview from outside the negotiating room at a venue in Richmond Hill, Ont.
"It'd be I think a little premature.
"Negotiations have been going OK," he added. "There's still quite a distance between the proposals, but we're both still coming to the table."
The workers' issues revolve around job protection, pay and scheduling, with some 340 pilots leaving the carrier over the past year and a half — mostly to other airlines — Lewall said.
WestJet says there have been three times more pilot hires than resignations at its mainline operation this year.
In a statement this week, the Calgary-based airline said its pilots are among the best paid in Canada, but that a contract on par with those recently secured by some U.S. pilot groups would be financially unworkable and put the company's future at risk.
"ALPA’s expectations of wages, if realized, would pose a significant impact to WestJet’s ability to remain competitive and provide affordable air travel to Canadians," the company said.
Labour shortages continue to plague the aviation industry, with a dearth of workers in areas ranging from air traffic control to ground handling as the sector begins to take off again after the pandemic collapse and travel turmoil over the past year.
In March, Delta Air Lines pilots secured a deal that includes a 34 per cent pay hike over four years.
The Air Canada Pilots Association is aiming for big gains too. In a letter to members Thursday, the union said workers must decide by May 29 whether to stick with their 10-year collective agreement inked in 2014 or opt to start full negotiations ahead of time this year.
“Pilots at Air Canada are working at a steep discount compared to our North American competitors,” the letter states, calling for "historic" gains in the next deal.
This report by The Canadian Press was first published May 12, 2023.
Customer satisfaction with Air Canada, WestJet below average: Survey
Christopher Reynolds , The Canadian Press
Canada’s two biggest airlines scored below average for customer satisfaction among major North American carriers, according to a new survey, part of a trend of growing passenger frustration across the industry.
Conducted by J.D. Power, the poll found Air Canada and WestJet fell below the average customer satisfaction figure of 782 on a 1,000-point scale for economy class service. WestJet notched 777 to edge out Air Canada, which scored 765.
Pricier fares, crowded planes and fewer flight options are behind the frustration — but demand remains strong nonetheless — said Michael Taylor, managing director of travel, hospitality and retail at the Michigan-based consumer analytics company.
As a result, carriers yielded higher revenues this year after a prolonged industry slump prompted by the pandemic. Taylor said many are running at "peak efficiency," though higher labour and fuel costs compared with 2019 have hampered profit margins, and capacity has not yet reached pre-pandemic levels.
A global pilot shortage has fostered problems in North America, partly explaining why fewer planes ply the skies compared with four years ago.
Some airlines have ditched smaller planes, trying to pack in as many passengers as possible per flight as they slim down their schedules.
"They're more full — they have a higher load factor — and that usually decreases satisfaction," Taylor said.
Meanwhile, the surge in leisure travel after two years under border restrictions and COVID-19 health concerns has pushed prices north.
"Because of that high demand, ticket prices are significantly higher, and they've been going higher for the past two, two-and-a-half years or so. For the vast majority of travellers, that's the key factor in satisfaction," he said.
That discontent is quantifiable in ways other than surveys. The complaints backlog at the Canadian Transportation Agency stood at about 45,000 as of late April, more than triple the tally from a year earlier and requiring at least 18 months on average per case. Many cases revolve around compensation claims after flight delays or cancellations.
The drawn-out uproar prompted the federal government to table an overhaul to Canada's passenger rights charter last month in an effort to tighten compensation loopholes and toughen penalties.
While a spate of upstart airlines has made domestic air travel cheaper than ever overall in Canada — particularly in the busiest corridors — passengers face higher prices and scarcer trip options in many regions and on international routes, according to figures from aviation data firm Cirium.
"You want to fly to, say, Winnipeg, it might be a little more expensive, because it's not the most popular destination versus, say, getting to Toronto," Taylor said.
The sparser flight boards at many airports also stem from a de facto division of the country by the two main players: Air Canada and WestJet, which share roughly 80 per cent of the domestic market.
Since last fall, Calgary-based WestJet has cut routes in Ontario, Quebec and Atlantic Canada to refocus on its home turf out west. It has also cut flights on some more heavily travelled corridors, including roughly four out of five trips between Toronto and Montreal compared to 2019 levels, Cirium data shows.
Montreal-based Air Canada has mirrored this move, remaining in Central and Eastern Canada while scaling back in the west. It also scrapped 26 regional routes east of Winnipeg in June 2020, with only two resuming since.
The survey Wednesday ranked airlines in three separate categories: first class and business class, premium economy, and economy and basic economy. In the first two groups, Air Canada placed fifth of six.
For economy — encompassing the vast majority of passengers — WestJet ranked fifth and Air Canada came eighth out of 11. Neither airline immediately responded to a request for comment.
Southwest Airlines, Delta Air Lines and JetBlue Airways snagged the top three spots — despite a meltdown at Southwest that caused of thousands of December flight cancellations in what U.S. Transportation Secretary Pete Buttigieg called a "system failure." American Airlines, Spirit Airlines and Frontier Airlines took up the rear.
JetBlue and Delta came in first and second respectively for business class, and swapped spots for premium economy. United Airlines finished last for business class, and American Airlines did the same for premium economy.
The survey, carried out between March 2022 and March 2023, is based on responses from 7,774 passengers at scores of airports who flew on large North American airlines.
This report by The Canadian Press was first published May 10, 2023.
CANADA
Federal budget bill goes after cosmetics testing that causes 'pain or suffering' to animals
Story by Richard Raycraft • Luna the dog stands in front of signs as animal lovers and their pets deliver petitions demanding a ban on animal-tested cosmetic products on Parliament Hill on May 28, 2018.
The federal government is putting forward a ban on cosmetic products developed through testing that causes pain and suffering to animals — a move advocates say would bring Canada in line with many other countries.
The ban comes through proposed amendments to the Food and Drugs Act. The amendments are part of the government's budget bill, which was tabled on March 28.
Under the amendments, sellers must prove a cosmetic product has been through safety testing that hasn't caused "pain, suffering or injury, whether physical or mental, to the animal." Products that don't pass that test would not be cleared for sale in Canada.
But the amendments include a wide range of exceptions. For example, the prohibition doesn't apply if the federal government has published the testing data or if the cosmetic is already for sale in Canada.
Another amendment prohibits advertising or labelling a cosmetic as cruelty-free without evidence the product was not tested on animals.
The changes would come into force six months after the bill receives royal assent. Animal rights groups hail proposed ban
The European Union banned cosmetic testing on animals in 2013. Several countries, such as India, Mexico and Israel, have either banned testing on animals or have banned the sale of products which have been tested on animals. Several American states have also banned the sale of cosmetic products tested on animals.
In a series of email statements, animal rights groups welcomed the measures, which they said are long overdue.
"This is a unifying issue that has earned cross-party support in Canada and will match the progress we are seeing around the world," said Monica Engebretson,Cruelty Free International's head of public affairs in North America.
Michael Bernard, deputy director the Humane Society International in Canada, said the amendments come after a decade of campaigning on the issue.
"When this bill becomes law, Canadian consumers can be assured that the cosmetics they purchase have not come as a result of animal suffering — and that is something we can all feel good about," he said in a statement.
"Industry and animal protection advocates have worked together over the last several years to advance a cosmetics animal testing ban in Canada."
Cosmetics Alliance Canada, which represents over 150 companies, also praised the amendments.
"Industry and animal protection advocates have worked together over the last several years to advance a cosmetics animal testing ban in Canada," Darren Praznik, CEO of Cosmetics Alliance Canada, said in a statement. "We are very pleased to see the government bring forward this long overdue legislation."
Bank of Canada’s Rhys Mendes becomes first non-white deputy governor
The Bank of Canada named Rhys Mendes as deputy governor, making him the first non-white member of its interest-rate-setting governing council.
Mendes, who takes the role July 17, will oversee the bank’s economic and financial research, its analysis of international economic developments and serve as its Group of Seven and Group of 20 deputy.
He has been with the bank since 2004 and served in senior roles including as managing director of international economic analysis. Since 2021, he has been on secondment to the Finance department, where he’s been serving as assistant deputy minister.
“I am delighted to welcome Rhys Mendes back to the bank and onto governing council,” said Governor Tiff Macklem in a news release Friday. “We will benefit greatly from his experience and expertise in economic modeling, monetary policy framework design, and international policy issues.”
Mendes will replace Paul Beaudry, who’s set to retire as deputy governor at the end of July and return to an academic post at the University of British Columbia.
Tyler Meredith, a former top economic policy adviser to Prime Minister Justin Trudeau, said Mendes is an exceptional public servant and one of Canada’s “top minds on macroeconomic policy and monetary policy.”
“He also has a high degree of respect across Canada both in the academic research community, but also amongst forecasters and policy thinkers,” said Meredith, now a founding partner of consulting firm Meredith Boessenkool Policy Advisors.
The Bank of Canada is undertaking a diversity push to significantly increase the representation of women and visible minorities in senior management over the next decade. The governing council sets the strategic direction of the bank and is its policymaking body.
The six-person group includes two women, Senior Deputy Governor Carolyn Rogers and Deputy Governor Sharon Kozicki. Trudeau’s government, which has had a gender-balanced cabinet since it was elected in 2015, left many women in Canadian finance disappointed when it appointed Macklem to the top job instead former No. 2 Carolyn Wilkins.
The Federal Reserve is also undergoing a diversity transformation. President Joe Biden announced new nominations on Friday that would see economist Adriana Kugler become the first Latina on the board of governors and Philip Jefferson become the second Black American to serve as its vice chairman.
Mendes was born in Richmond Hill, Ontario, and obtained a bachelor’s degree in economics from York University, as well as a master’s degree and PhD in economics from the University of Toronto.
Lawyers for Crown-Indigenous Relations are refusing to release internal documents tied to the deal, derailing the Wabun Tribal Council's request for court disclosure, while the MNO says it plans to try and get the case dismissed, according to letters filed in court last week.
"This is just another example of Canada doing things in secret," said Wabun Tribal Council executive director Jason Batise on Tuesday.
As part of the case, the First Nations asked Crown-Indigenous Relations to hand over all material considered or created by minister Marc Miller, his representatives or his predecessors concerning the Feb. 24 agreement, including all documents and communications.
But Canada's lawyers refused, arguing the documents are "privileged and confidential," protected by settlement and negotiation privilege or subject to cabinet confidence, according to a May 1 letter sent to the Federal Court in Toronto.
The Justice Department argues the document request is "sweeping" and "overly broad," and that First Nations "are not in any way impacted" by the deal, which is limited to MNO governance and not land or harvesting rights, a contention Batise rejects.
"There is a duty to consult with First Nations on things that impact them. This has a clear and very lasting impact on First Nations rights, and we need to know."
Miller acknowledged the concerns around land rights in brief comments to reporters after a cabinet meeting Tuesday in Ottawa.
"The last thing we want to see is Indigenous communities being pitted against other Indigenous communities because of actions Canada took in the past," he said.
Despite that, and while noting the situation "is fraught with some uncertainty," he pledged to stay the course on the deal, which includes ratifying it through legislation.
"This is their right to do so, and that will be enshrined in legislation."
MNO wants to have challenge tossed
Meanwhile, in a letter to the court also dated May 1, the MNO's lawyer says it plans to try and have the case dismissed on similar grounds. The MNO argues the deal, because it commits Canada to passing implementation legislation, is outside the court's jurisdiction.
In response, the Wabun Tribal Council commissioned a September 2022 independent review by University of Ottawa researcher Darryl Leroux, which challenged MNO's conclusions.
Similarly in March 2023, the Robinson Huron Treaty group representing 21 Anishinaabe bands in the upper Great Lakes released its own review of the MNO's research, calling it questionable and "propelled by politics and not by sound research practice."
On Monday, the Robinson Huron chiefs joined other First Nations leaders denouncing the deal and calling on Canada to hit the brakes on the proposed legislation.
"We cannot sit idly by while the settler government continues to discuss and deal with groups claiming Indigenous ancestry without our consent," said Batchewana First Nation Chief Dean Sayers in the group's release.
This follows a similar statement from Grand Council Treaty #3 in northwestern Ontario last week, which called itself "extremely concerned" by the situation.
The Wabun Tribal Council also has the backing of the Chiefs of Ontario umbrella organization, representing more than 130 First Nations, which voiced support last year.
Batise said the council's members are ready for a prolonged battle — if that's what it comes to.
"If Canada is willing to take this to the Supreme Court, so be it," he said.
"Our communities are prepared to accept that fight."
SASKATCHEWAN
Whitecap Dakota First Nation signs historic treaty with Canada
Story by Sam Samson • CBC - May 3 Whitecap Dakota Chief Darcy Bear, second from left, and Crown-Indigenous Affairs minister Marc Miller, second from right, sign the self-government treaty documents in Ottawa on Tuesday, May 2.
Whitecap Dakota First Nation finally has its own treaty with Canada after a decade of negotiations and centuries of being unrecognized as Indigenous people of this country.
The First Nation in Saskatchewan says it's the first Dakota nation to sign a treaty in Canada.
"It's just a step at a time, but this is a very positive day for our ancestors, our people and our future generations," said Whitecap Dakota Chief Darcy Bear in an interview, minutes after he signed the document in Ottawa.
On Tuesday afternoon, Bear and others from the First Nation in Saskatchewan, signed the agreement with Crown-Indigenous Relations Minster Marc Miller. The document not only acknowledges and describes the First Nation's inherent right to self governance, but also formally recognizes the community as Indigenous people of Canada under the constitution.
That formal recognition is significant, Bear said, since Whitecap Dakota First Nation and other Dakota communities were historically viewed as Native Americans rather than British or Canadian. Many Dakota communities fought for the British stationed in what is now Canada during the War of 1812 against the United States, but still weren't recognized as Indigenous people of this country. When treaties were signed in the 1800s in Saskatchewan, Whitecap's chief was there, but wasn't invited to sign.
"When you're not being recognized in a country you helped create … it was totally wrong. We should have never been denied that right," he said.
"To us, it is reconciliation." First agreement under new federal policy
Whitecap Dakota is the 27th Indigenous group to sign a self-government agreement with Canada. Those agreements represent 52 communities, according to a spokesperson for the Minster of Crown-Indigenous relations.
This is the first agreement to be signed under a new federal policy, which Miller announced in February. The collaborative modern treaty implementation policy was created to ensure Ottawa keeps its end of the bargain when it comes to new treaties.
"We sign these agreements, and then sometimes we go back to the way we behave before and don't give much thought into what these agreements represent, and how they can get properly implemented," Miller told CBC in an interview.
Miller noted that the policy can help remind federal staff "you do not engage with [First Nations] as if they were municipalities, but truly a position of equals."
The policy includes a commitment to create an independent oversight body to make sure the federal government is accountable to its promises. Miller said that's still in the works.
He also said there will be a meeting next week between Indigenous leaders and the Prime Minister to discuss modern treaties. Self governance parameters
The agreement makes Whitecap Dakota the first and only self-governing First Nation in Saskatchewan. The First Nation has been negotiating with Ottawa for self-governance since 2009.
It already has autonomy in areas such as land management and membership, but this agreement now allows the community to move away from the Indian Act as much as it wants.
"We've always been working at getting out of the Indian Act. There are some parts you keep going, like Section 87 is about not paying provincial or federal income tax on reserve," said Bear.
He also mentioned status cards were important to his members, as well as reserve status overall.
"The rest will be eliminated," he said. "The Indian Act is very paternalistic."
The First Nation will also have different law-making powers, but all laws must work in tandem with provincial and federal ones. In case of a conflict, Indigenous laws protecting culture and language take priority.
The Canadian Charter of Rights and Freedoms, the Human Rights Act and the Criminal Code all still apply.
Initially, the community voted 92 per cent in favour of a self-governance agreement. Leaders went to Ottawa in the fall with the proposal, but during conversations, Bear said everyone agreed it should also be a treaty.
The community voted unanimously in late April to include the treaty aspect to the documentation.
Once the document goes through legislative processes, the community will officially become self governed as of Sept. 1.
Support and infrastructure for the transition
The historical reliance First Nations have on Canada because of legislation like the Indian Act can make it difficult for some communities to self govern, according to Indigenous rights and constitutional lawyer David Khan.
"Canada and the Crowns have starved First Nations of resources and confined them to reserves for 150 years and have really pushed down their governance structures or replaced them with the Indian Act," he said.
"So it's just building up governance capacity, that governance structure, to be able to take on the roles and responsibilities the federal government has had thus far."
Bear describes his community as "modern," and says it has a robust infrastructure and staff that can handle the changes that come with self governance, noting the nation already has its own rules for finances and electoral guidelines.
"We have a lot of policies that we've developed over the years, and so we're ready. It's about time as Indigenous people we make our own decisions," Bear said.
"It was an inherent right that the Creator gave us. We're just taking that back."
