By Jorge Barrera, Canwest News Service December 8, 2009
Vancouver Sun
Ontario First Nations chiefs say they plan to launch an indefinite campaign of direct, legal and political action unless they are exempt from a new harmonized sales tax set to take affect in the province next year.
A looming conflict with native communities over harmonized sales taxes in Ontario and British Columbia is the product of a "broken" relationship between Canada and First Nations, says the head of the country's most prominent native organization.
Ontario native chiefs say they are about to launch a campaign against the HST, including road blockades and traffic disruptions and unspecified legal action. B.C. First Nations are also considering options to fight the tax on their turf.
Ontario and B.C. native leaders say imposing the tax without consulting natives is an attack on their sovereignty and a breach of governments' legal duty to consult First Nations on matters that impact their rights or title.
The HST in Ontario would also eliminate the existing exemption for First Nations from paying the provincial sales tax.
Assembly of First Nations Chief Shawn Atleo said the brewing controversy over Ontario, B.C. and the federal government's decision to go ahead with implementing the HST was another example of the tattered relationship between natives and Canada.
"This is part of a deep misunderstanding that pervades our society overall and we have to reconcile between First Nations government and the Crown," said Atleo, during a special chiefs assembly in Ottawa on Tuesday. "Something is wrong and broken, it is time we changed the relationship between First Nations and Canada."
The HST emerged as the dominant issue on the first official day of the week-long AFN gathering. A special meeting was held on the issue and some chiefs attempted to push through a resolution against the HST Tuesday, but it was put off until Wednesday.
A draft resolution by Ontario chiefs, obtained by Canwest News Service, called on the AFN to "support and participate in any action plans or direct action strategies by First Nations that oppose the HST."
Angus Toulouse, Ontario regional chief for the AFN, said plans are in place in Ontario to fight the HST.
"The options are really direct action because government is not wanting to sit down with the First Nations leadership," said Toulouse.
Patrick Madahbee, grand chief of the Union of Ontario Indians, said last week's traffic disruption in Toronto, when natives marched through downtown streets and blocked traffic, was a harbinger of things to come.
"This fight is going to continue to the end. We are not going to accept this HST," he said.
The HST is expected to take effect on July 1, combining the provincial sales tax with the federal GST. The total tax is expected to be 12 per cent in B.C. and 13 per cent in Ontario.
Parliament was expected this week to vote on passing legislation allowing the provinces to implement that tax.
Union of B.C. Indian Chiefs president Stewart Phillip said chiefs in his province are still discussing their options but they are also contemplating tactics about to be employed in Ontario.
"We are deeply angered that the (federal) government has chosen to move so fast on this without making any effort to consult with First Nations here in B.C.," said Phillip. "In the event that there is a direct action campaign being planned and organized you can rest assured that B.C. will follow suit."