On the left: the Indian Act band council — a box labelled “chief and council,” a bigger box labelled “federal government,” arrows pointing down. Power flows from Ottawa, through the Act, into a structure the state invented.
On the right: “traditional governance” — a circle of “the people” at the bottom, a hereditary leader above them, arrows pointing up. Power flows from the people into the leader, rooted in “inherent law.”
Shared by a stranger, it’s a tidy teaching tool.
Shared by Jasen Benwah, it becomes something else:
a quiet confession that the way power actually works on the Port au Port peninsula doesn’t look like either picture.
The Meme vs. How Things Really Work
On paper, the left-hand image is fair enough. Indian Act band councils are created by federal law. Ottawa holds the pen; money and rules flow down.
The right-hand image is supposed to be the antidote:
- power rooted in a real community
- leadership emerging from that community
- decisions accountable back to the people who live under them.
But that only works if three things are true:
- the “people” are more than a list of names — they’re actually involved in decisions that affect them
- the rules are public and accessible
- the community can actually say no
To be fair, Jasen does have a membership roll. Benoit/Benwah First Nation shows up in federal and regional documents with him listed as chief and DeGrau as the mailing address.¹
But this is his list — a self-defined band roll — not the federal Indian Act registry that Ottawa is now trying to re-write again through Bill S-2, *An Act to amend the Indian Act (new registration entitlements).*⁸ ⁹
What’s missing is everything that’s supposed to come after the list:
Open access to the rulebook, real debate, and decisions that reflect more than the same small inner circle. The records exist — but it’s mostly the same few names showing up over and over, while the wider band list lies passive on paper. Complacency fills the roll; a tiny group steers the ship.
Nothing about that looks like power “flowing up from the people.” And the person sharing the meme knows it.
And let’s be honest — that meme might look clean on Facebook, but in private conversations across the peninsula, people are already calling it out. I’ve seen the messages: “Jasen is just a sellout.” “And a puppet.” (local download) The meme may say “inherent law,” but people closer to the centre know how managed and selective that circle really is.
The Bylaws That Moved After the Ball
For years, Benoit First Nation’s bylaws said you could not hire outside the band. That was the written rule.
In 2015, a heritage journalism job opened. Three applicants. Two Indigenous. I was the only trained journalist.
The person who got the job was Michael Fenwick — brother of Catherine Fenwick. He was not a band member under the bylaws at the time. He was later added to the public-facing list.
When I questioned the hire, the story shifted: the criteria had been changed after the posting. The rule that was supposed to protect band members from being passed over quietly turned optional.
Roughly three months later, at the 2015 AGM, the bylaws themselves were changed.
So here’s how the arrows actually ran:
- a rule existed: no hiring outside the band
- a decision broke that rule
- the rule was then changed to match the decision
That isn’t “inherent law” flowing up from the people.
It’s a leader and a small circle moving the goalposts after the ball’s already in the net.
When the Rulebook Becomes Merchandise
For a while, Benoit First Nation’s bylaws were online. Anyone could read them.
After the hiring dispute, my written grievance, and the 2015 bylaw changes, those bylaws quietly disappeared from the website.
They reappeared inside a self-published book by Jasen, sold as a “fundraiser.”
So the structure now looks like this:
- the circle at the top decides what the rules are
- the rules move when they need them to
- and if you want to read the fine print of your supposed “inherent” rights, you’re told to buy a book
The meme says “power from the people.”
The practice says: power from the circle, and access to the rulebook when it suits us.
The Fenwick Axis: Two Hats, One Table
On paper, you have:
- Benoit / Benwah First Nation, with Jasen as chief, appearing as one of several Mi’kmaq entities in federal and regional listings¹ ¹⁵
- ARCO — l’Association régionale de la côte Ouest — the regional francophone association that serves the Port au Port area within the Fédération des francophones de Terre-Neuve et du Labrador (FFTNL) network.² ¹² ¹³
ARCO is described in those francophone and federal documents as a francophone organization representing French speakers on the west coast, responsible for cultural and community development and local projects.² ¹² ¹³ ¹⁴
Catherine Fenwick turns up over and over as executive director or directrice générale of ARCO — in FFTNL literacy reports, in digital inclusion projects, and in pieces about something as basic as finally getting cell service in the region.² ³ ⁴ ⁵ ⁹
Her brother Michael Fenwick describes his own work as managing “all media and promotion for ARCO, a French cultural association,” and is presented elsewhere as ARCO’s communications agent.⁶ ⁷
The same Michael was hired by Jasen in 2015 — against Benoit’s original bylaws — for a heritage journalism role, and added to the band list afterward.
Michael is credited as the editor of Visiting with Mi’kmaq Elders. Cape St. George, Newfoundland — a booklet on local Mi’kmaq history and culture that now sits in Memorial University’s Intangible Cultural Heritage digital collection as documentary material, not as a contested political narrative.¹⁸
Two identities. Two narratives.
Not a bridge — just the same people showing up in both rooms.
Strategic Neutrality in the Turbine Fight
When the wind turbine debate hit the peninsula, ARCO chose neutrality.
- The organization remained formally quiet as a stakeholder
- Catherine, as executive director, voiced “personal positions”
- The message to the outside world: “ARCO is neutral — this is just her view”
Meanwhile, Michael, who was now tied into both sides, stayed in the same political weather system — ARCO on one side, Benoit First Nation on the other.
From the outside, ARCO stayed clean.
From the inside, the same small group kept moving.
Why This Matters — and Where Federal Bill S-2 Fits
This isn’t a personal dispute. It’s a live governance structure, affecting:
- land use
- political leverage
- funding streams
- and who gets heard
All of this is unfolding while Ottawa is trying, yet again, to patch the Indian Act’s registration rules.
Bill S-2 was introduced in 2025 as the latest attempt to address remaining inequities in status entitlement and band membership, especially for families affected by enfranchisement and the second-generation cut-off.⁸ ⁹ ¹⁰ ¹¹ ¹⁷ The bill responds in part to the Nicholas v. Canada class action and aims to restore or extend registration to people previously excluded, particularly descendants of those who lost status through enfranchisement.¹⁰ ¹¹ ¹⁷
But expanding who qualifies on paper doesn’t change how power actually flows locally — especially when:
- rules are moved after decisions
- bylaws vanish into a book-for-sale
- and the same overlapping network sits at the centre of both “French” and “Mi’kmaq” consultation tables
The federal registry might grow.
The local circle doesn’t have to.
The Question Under the Meme
So here’s what I’d write under Jasen’s meme instead of the original caption:
If power really flows from “the people,”
why did the rules change to match your decisions,
why did the bylaws move from public to paywalled,
and why does the same small circle keep showing up
no matter which identity is on the poster?
Until those questions are answered in public, that meme isn’t a diagram of inherent law.
It’s a branding exercise.
See Also
- The Quiet Framework: How Self-Government Gets Built Behind Closed Doors
- The Edit That Gave It Away: When “Private Property” Becomes “A Land Base”
- Lines on the Map: What Happens After Rights Recognition
- The Next Comfort Line: From Programs to Property
References
[1] Fisheries and Oceans Canada. “Social, Economic and Cultural Overview of Western Newfoundland and Southern Labrador.” Table listing “Benwah First Nation – Chief Jasen Benwah, 805 Oceanview Drive, De Grau, NL.” 2011 (SECO report originally drafted 2009, revised 2010). https://waves-vagues.dfo-mpo.gc.ca/Library/343358.pdf
[2] Fédération des francophones de Terre-Neuve et du Labrador (FFTNL). “Bottin francophone de Terre-Neuve-et-Labrador – édition du 6 octobre 2009.” Lists Association régionale de la côte Ouest (ARCO) and contacts. 2009. https://www.francotnl.ca/FichiersUpload/Documents/200912242009_10_06_Bottin_francophone_TNL.pdf
[3] FFTNL. “Family Literacy in French in Newfoundland and Labrador – Final Report.” Acknowledgements credit “Catherine Fenwick, executive director, Association régionale de la côte Ouest (ARCO).” 2013. https://www.francotnl.ca/FichiersUpload/DocumentsPages/20130422TNL_Alpha_familiale_RAPPORT_FINALJanvier_2013_ENGLISH.pdf
[4] L’Heure de l’Est. “Des aînés connectés sur la péninsule de Port au Port à Terre-Neuve.” Article on digital training for seniors naming “Catherine Fenwick – Directrice générale de l’ARCO.” 2018. https://lheuredelest.org/des-aines-connectes/
[5] CBC News / Yahoo Canada. “Internet, cell service frustrations still rule in rural N.L.” Quotes “Catherine Fenwick, who works in Mainland as the executive director of the local francophone organization ARCO.” 2 September 2021. https://ca.news.yahoo.com/internet-cell-frustrations-still-rule-184723380.html
[6] Coursedesregions. “2021 – Michael Fenwick (Atlantique).” Participant profile for the Course des régions short film competition, describing Michael Fenwick’s return to Cap Saint-Georges and his work producing media for the Association régionale de la Côte Ouest (ARCO). Accessed December 2025. https://www.coursedesregions.com/2021
[7] Coursedesregions.com. “MICHAEL FENWICK.” Short biography describing Michael as “l’agent de communication à Arco.” Accessed December 2025. https://www.coursedesregions.com/michael-fenwick
[8] Indigenous Services Canada. “Bill S-2, An Act to amend the Indian Act (new registration entitlements).” Web overview describing proposed changes to address remaining inequities in Indian Act registration and band membership provisions. 26 September 2025. https://www.sac-isc.gc.ca/eng/1662142490384/1662142638971
[9] Parliament of Canada. “S-2 (45-1) – An Act to amend the Indian Act (new registration entitlements).” LEGISinfo bill page with status and summary. Accessed December 2025. https://www.parl.ca/legisinfo/en/bill/45-1/s-2
[10] Palmater, Pam. “End Canada’s second-generation cut-off for Indian registration.” Policy Options, 21 November 2025. Discusses Bill S-2, enfranchisement, and the Nicholas class action. https://policyoptions.irpp.org/2025/11/reconciliation-second-generation-cut-off/
[11] Senate of Canada, Standing Senate Committee on Indigenous Peoples. “Indigenous Peoples” (First Report on Bill S-2). Notes that Bill S-2 was introduced on 26 May 2025 and responds in part to Nicholas v. Canada, addressing enfranchisement and discriminatory registration rules. 25 November 2025. https://sencanada.ca/en/committees/APPA/Report/147289/45-1
[12] FFTNL. “Rapport annuel 2017.” Describes ARCO as the regional association working on the Port au Port Peninsula within the FFTNL network. 2017. https://www.fftnl.ca/fichiersUpload/fichiers/20230404085754-rapport-annuel-2017-version-3.pdf
[13] Government of Canada. “Le gouvernement du Canada appuie l’Association régionale de la côte Ouest (ARCO).” Funding announcement identifying ARCO as an organization representing the interests of francophones on Newfoundland’s west coast. 9 July 2008. https://www.canada.ca/fr/nouvelles/archive/2008/07/gouvernement-canada-appuie-association-regionale-cote-ouest.html
[14] Le Gaboteur. “Début des travaux à Cap-Saint-Georges.” Notes ARCO receiving funding to renovate the bread oven and facilities at Boutte du Cap park on the Port au Port Peninsula. 22 September 2025. https://gaboteur.ca/economie/2025/09/22/debut-des-travaux-a-cap-saint-georges/
[15] Qalipu First Nation. “Maw-pemita’jik Qalipu’k – Fall 2016 Newsletter.” Identifies “Benwah First Nation Chief (and Port aux Port Ward Councillor for Qalipu) Jasen Benwah,” confirming overlapping roles. 2016. https://qalipu.ca/qalipu/wp-content/uploads/2016/10/Fall-2016.pdf
[16] Long Range Regional Economic Development Board – Zone 9. “Board of Directors.” Archival web page listing directors for the former Zone 9 Regional Economic Development Board, including Catherine Fenwick as a director representing ARCO; the RED Boards were dissolved in 2012 and the page has not been updated since. Accessed December 2025. https://www.sjworks.ca/red/pages/board.html
[17] The Progressive Senate Group. “Third reading of Bill S-2, An Act to amend the Indian Act (new registration entitlements), as amended” – speech by Senator Michèle Audette summarizing objectives of Bill S-2 and its link to Nicholas v. Canada. 2025. https://theprogressives.ca/in-the-senate/speeches/third-reading-of-bill-s-2-an-act-to-amend-the-indian-act-new-registration-entitlements-as-amended/
[18] Memorial University of Newfoundland, Digital Archives Initiative. “Visiting with Mi’kmaq Elders. Cape St. George, Newfoundland.” Intangible Cultural Heritage (ich_other) collection entry listing Michael Fenwick as editor/author of a booklet on Mi’kmaq elders in Cape St. George. Accessed December 2025. https://collections.mun.ca/digital/collection/ich_other/id/42/