Thursday, December 16, 2010

First Nations Citizens Have a Right to Pay Equity

Preston TwoYoungmen recently published an article, entitled “Be Fearless, Stand Up, and Speak Out for What’s Right”.  His article discussed the high salaries of some leaders and compared them to the low salaries of frontline workers.  He asks why this happens and encourages First Nations citizens to speak out.  He states that some frontline workers, health care and education, on-reserve are paid 20 per cent less than off-reserve. This is tantamount to discrimination and violates section 15 of the Charter of Rights and Freedoms, the right to equality.

 I do not know if the 20 per cent statistic is accurate but I have experienced this same injustice that Preston speaks about on a few occasions throughout my career. The following two paragraphs from his article shed light on the issue:

“While 700 plus chiefs and councillors in Canada may justify their large earnings by comparing their positions with their counterparts from municipal, provincial, and federal governments, it does not begin to identify reasons why on average other positions on reserves are paid 20 per cent less than off reserve.

While the “leadership” earns its comparable salaries, the frontline workers in education, healthcare (including our emergency services), public works, public safety and security, post office, professional drivers for our water trucks, waste disposal, and road graders are left out in the cold.”

Section 87 of the Indian Act provides that the property of an “Indian” under the Indian Act is exempt from taxation.  Property has been interpreted by the Courts to include income. However, over the years, the Courts have been narrowly defining what property is and developed a “connecting factors” test to determine whether income is property. If you are a “Status Indian” under the Indian Act and work on-reserve, your income may be exempt from taxation.  I am a Status Indian under the Indian Act. 

Sound good???  Not quite. Not all Status Indians get to enjoy the treaty right to tax exemption like some of our leaders, especially the elite leaders.  Some Aboriginal managers think that since you are a “Status Indian” and are tax-exempt, you do not deserve to be paid the same salary as your non-First Nations counterpart who works off-reserve, even though you may have worked just as hard and possibly did better in university than your mainstream counterpart.  Therefore, you are paid 20 per cent less to match the salary of your non-First Nation counterpart who works off-reserve. 

I have experienced the discrimination firsthand by an elite leader that fights tirelessly for the treaty right to tax-free exemption. Senior management received the tax-free benefit but I and some other Status Indian employees did not. There were some Status Indian employees who received the tax-free benefit but only because they were connected to the senior management team or an elite leader.  I was paid approximately $20K less than what I should have been earning if you looked at my non-Aboriginal counterpart and my qualifications. 

I discussed the pay inequity issue with the elite leader’s non-First Nations manager.  I was told that since I was a “Status Indian” under the Indian Act and received the tax-free exemption, I did not have a right to receive a salary equal to that of my non-Aboriginal counterpart in mainstream society.  I was told this despite the fact that senior management is paid the same as their off-reserve counterparts.

I explained to this non-First Nations manager that he had no right to discriminate against me and pay me a lower salary just because I was a Status Indian. I explained to him that this is discrimination based on race and that one’s status as a Status Indian should not be a factor in determining salaries.  A male “Status Indian” manager, who was connected to the elite leader, told me not to complain because I was still making more than my mainstream counterpart working off-reserve!!  I was floored!  Needless to say, I could not change it so I left the organization at the first opportunity. The final straw for me was when I saw the elite leader’s wife carrying a designer handbag.  I am all for working for First Nations at a reasonable salary but I did not go to law school to maintain the lifestyle of an elite leader and his team. 

When I was nursing, I worked for an Aboriginal community.  The first thing the Executive Director asked me is if I was a Status Indian. I replied yes, not knowing what was about to happen next.  She dropped my salary by $10K per year.  I was astounded that she had done this.  At this time, nurses were in demand everywhere so I told this Executive Director that if I did not get the same pay as mainstream nurses, I would go work for mainstream society down the road.  She paid me the same as a non-First Nations nurse. 

I am, by no means, painting all Aboriginal leaders with the same paint brush as there are some really well deserved Aboriginal leaders who do truly have the interests of their people at heart and do put the needs of their people first.

Morale of the story:  First Nations citizens have the right to pay equity!!  You have a right to receive the same salary as your off-reserve counterpart.  Speak up if you are suffering from this same discrimination. It is the only way to make change.  

Here is the link to Preston Twoyoungment’s article:  Enjoy!

http://www.cochraneeagle.com/2010/12/be-fearless-stand-up-and-speak-out-for-what%e2%80%99s-right/

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