Opinion: Looking Back at 2013
- Paul Chartrand | January 28, 2014
The year highlighted early the challenges in the relationship between First Nations and Canada. On 24 January a 'Crown Gathering' with the Prime Minister was attended by the Assembly of First Nations and some Chiefs, while others joined a boycott that emerged in the final stages of discussions leading up to the event in Ottawa. Rhetoric tends to replace substance here as in politics everywhere, with references to the Crown over in London. The hard truth is that it is the Harper government that rules in Canada and no amount of rhetoric will overcome that fact. The constitutional theory has long ago set that straight in the Alberta Indian Association Case but the rhetoric persists. There is no trust and there will be no 'reconciliation' with this government.
2013 was the 250th anniversary of the famed 'Royal Proclamation' of King George III of October 1763 that organized government and stopped private purchases of Indian lands in Britains North American colonies. At the time the English were having a hard time against the 'Indians' who had been allies of the French. The Proclamation is an historic exercise of the British tactic to use legal witchcraft to replace the more costly military campaigns in far-flung colonies.
2013 saw the introduction of proposed legislation on a First Nation Education Act, first with a 'blueprint' in July, followed later in the year with a draft Bill issued for consultations. It was not hard to see that the intent was to continue and cement the 'Father Valcourt Knows Best' approach of the Indian Affairs department and opposition to the draft Bill worked to stall its advance for the time being.
The Private Member's Bill of Rob Clarke MP from Saskatchewan, C428 was introduced to repeal some of the more indefensible sections of the Indian Act. It passed the House of Commons in altered form, with some of the original provisions deleted, ostensibly on account of the complexity and uncertain consequences of their repeal.
In March the Supreme Court of Canada gave its decision in the Manitoba Métis Federation case, which was started in April 1981. The case is NOT, contrary to almost all publicity about it, a land claims case. It merely asked for a declaration that the government of Canada failed to implement s.31, the Métis lands provision in the Manitoba Act1870. The court granted the declaration, contrary to all reasonable expectations on account of the incredibly bad record of evidence and decisions in the lower courts. The Manitoba Métis Federation announced a committee of non- Métis that it appointed to help it deal with moneys it expects to get from negotiations with governments. This bold move belies the fact that the decision implies that the ultimate beneficiaries of the decision, if any, are descendants of the original persons entitled to receive Manitoba Act lands, many of whom live in Saskatchewan and elsewhere. So far the Court has an almost perfect record: it has missed the mark on everything it has decided on Métis issues except for the actual granting of the declaration.
Nelson Mandela died late in the year, closing the door on an historic journey against racism in South Africa, and opening the door on protracted politics of opposition that has observers worried.
We might conclude with the question: what is the better way to reconcile the interests of the Indigenous peoples in Canada with the state? As a matter of procedure, the issue of national reconciliation must be maintained as a national issue and led by a Prime Minister. A national conference of leaders of both sides must be called to set guidelines for negotiations and agreement at the regional and local levels. As a matter of substance three elements suggest themselves: 1. Recognition of Aboriginal and Treaty rights or making s.35 of the Constitution Act 1982 effective. 2. Enacting laws to fill in gaps for the implementation of the relationship. 3. The creation of a new specialized judicial Tribunal, with Aboriginal representation, to resolve disputes.
If I am not holding my breath about it being done it is not for lack of optimism but appreciation of political reality.
And in Sports:
Every year, like many Canadians, I enjoy watching the World Junior Hockey tournament at Christmas time. Congratulations to the Finns for a successful Finnish! The Finns beat Sweden and the referees to win Gold.
Feel free to contact me at Pchartrand43@yahoo.ca.