POLITICAL OFFICE:
Fort William First Nation
109 Mission Road
Fort William First Nation
P7J 1K7
(807) 626-9339 Tel
(807) 626-9404 Fax
ADMINISTRATION OFFICE:
111 Peter Street, Suite 804
Toronto, Ontario
M5V 2H1
Tel (416) 597-1266
Fax (416) 597-8365
1-877-517-6527
Website: www.chiefs-of-ontario.org
CHIEFS OF ONTARIO
November 5, 2012
The Right Honourable Stephen Harper
Prime Minister of Canada
Office of the Prime Minister
80 Wellington Street
Ottawa, Ontario K1A 0A2
Dear Prime Minister Harper:
RE:
Financial Investment Protection Agreement (FIPA) between Canada and China
The draft FIPA violates First Nation Treaty rights and international law. Therefore, FIPA should be
postponed indefinitely, pending nation-to-nation discussions between Canada and First Nations. I
would like to take this opportunity to endorse the October 31, 2012 letter of Serpent River First
Nation Chief Isadore Day, Wiindawtegowinini, which expresses a similar position.
FIPA grants China sweeping investment preferences in Canada, including guarantees of “mostfavoured-nation treatment” (article 5) and “national treatment” (article 6), and protection from
expropriation (article 10). Disputes can be taken by China to secret international arbitration boards
that will be immune from the Canadian courts (articles 15 and 20). Effectively, Canada is accepting
the subservient role of a “banana republic” in order to facilitate the influx of Chinese capital. The
trade preferences and the extra-judicial dispute resolution process are a direct threat to First Nation
control of their traditional territories, including the commercial development of lands and resources.
Foreign investors will receive better treatment than the First Peoples, endowed by the Creator as
perpetual stewards of all the land and water.
The relationship between Canada and First Nations in Ontario is defined by Treaties, including the
Wampum Treaties, the Robinson Treaties, the numbered Treaties, and all others. Treaties stand on
their own as the fundamental law of the land. Treaties are also protected by section 35 of the
Canadian Constitution Act, 1982 and article 37 of the United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP). As a colonial settler government, Canada does not have the
authority to undermine First Nation Treaties through the negotiation of international trade and other
agreements with third party states like China. The First Nation Treaties are based on the
sovereignty of First Nation peoples and governments, and Treaty rights are immune from change,
except with the Free, Prior and informed Consent (FPIC) of First Nations. International agreements
like FIPA are only possible if they do not affect First Nation rights or if First Nation consent has been
obtained in the appropriate manner.
Both China and Canada have adopted UNDRIP. FIPA violates UNDRIP on several clear counts
and is therefore impermissible under international law. FIPA violates article 19 of UNDRIP, which
provides that state measures that may affect First Nations cannot be adopted without the Free, Prior
and Informed Consent (FPIC) of First Nations. FIPA violates article 32 of UNDRIP, which provides
that First Nations have the right to determine priorities and strategies for the use of their lands or
 Association of Iroquois and Allied Indians  First Nations of Treaty #3  Independent First Nations  Nishnawbe Aski Nation  Union of Ontario Indians 
territories and other resources. FIPA violates article 37 of UNDRIP, which obliges states like China
and Canada to honour and respect First Nation Treaties. In summary, FIPA constitutes a massive
violation of international law, as codified by UNDRIP, and should be stopped in its tracks.
Contrary to its constitutional fiduciary obligations to First Nations, as defined on numerous
occasions by the Supreme Court of Canada, the federal Crown has acted with dishonour in the
negotiation and roll-out of FIPA. First Nations were not consulted in a meaningful way in the
negotiation of the agreement with China. The substantive text either ignores First Nation rights or
runs roughshod over them, in plain violation of the sovereign Treaties. Finally, the Canadian
government is attempting to ratify FIPA through an expedited and un-democratic process, in spite of
the opposition of First Nations and many Canadians.
Given the fundamental violation of First Nation rights and international law, all ratification measures
connected with FIPA should be postponed indefinitely. First Nation Treaties are the supreme law of
the land – they are the condition precedent for the Canadian state, such as it is. It is impossible for
the Canadian state to enter commercial agreements with third party states like China that are
inconsistent with First Nation Treaties.
Canada must immediately withdraw its support for FIPA and so inform China. The only way forward
is to establish a nation-to-nation dialogue with First Nations to determine if some form of Chinese
commercial arrangement that respects First Nation rights is feasible.
Sincerely,
CHIEFS OF ONTARIO
Stan Beardy,
Regional Chief.
c.c.
His Excellency Zhang Junsai, Ambassador Extraordinary and Plenipotentiary of the People’s Republic of China to Canada
Chiefs of Ontario Political Confederacy, First Nations in Ontario
Shawn A-in-chut Atleo, National Chief, Assembly of First Nations
Executive Committee, Assembly of First Nations
Governor General of Canada
Members of Parliament of Canada
Members of the Legislative Assembly of Ontario
Council of Canadians
Ed John, Chair, United Nations Permanent Forum on Indigenous Issues
Editor, The Epoch Times
2