Looking Back at 2013 Opinion

Published on June 2016 | Categories: Types, Brochures | Downloads: 36 | Comments: 0 | Views: 273
of 3
Download PDF   Embed   Report

An opinion piece by Professor Paul L.A.H. Chartrand writing in Wind Speaker. Paul L.A.H. Chartrand is a retired professor of law and a historian who resides in his home community of St. Laurent on Lake Manitoba on a part of the land that was originally allotted to his great-grandfather pursuant to the Manitoba Act 1870. Paul is a former Commissioner of the Manitoba Aboriginal Justice Implementation Commission and the Royal Commission on Aboriginal Peoples (1991-1996).

Comments

Content

Opinion: Looking Back at 2013
Eagle Feather News Paul Chartrand | January 28, 2014 The year highlighted early the challenges in the relationship between First ations and Canada! "n 24 January a #Crown $athering# with the Pri%e &inister was attended by the 'sse%bly o( First ations and so%e Chie(s, while others )oined a boycott that e%erged in the (inal stages o( discussions leading up to the e*ent in "ttawa! +hetoric tends to replace substance here as in politics e*erywhere, with re(erences to ,the Crown- o*er in .ondon! The hard truth is that it is the /arper go*ern%ent that rules in Canada and no a%ount o( rhetoric will o*erco%e that (act! The constitutional theory has long ago set that straight in the 'lberta 0ndian 'ssociation Case but the rhetoric persists! There is no trust and there will be no #reconciliation# with this go*ern%ent! 2011 was the 220th anni*ersary o( the (a%ed #+oyal Procla%ation# o( 3ing $eorge 000 o( "ctober 1451 that organi6ed go*ern%ent and stopped pri*ate purchases o( 0ndian lands in 7ritain-s orth '%erican colonies! 't the ti%e the 8nglish were ha*ing a hard ti%e against the #0ndians# who had been allies o( the French! The Procla%ation is an historic e9ercise o( the 7ritish tactic to use legal witchcra(t to replace the %ore costly %ilitary ca%paigns in (ar:(lung colonies! 2011 saw the introduction o( proposed legislation on a First ation 8ducation 'ct, (irst with a #blueprint# in July, (ollowed later in the year with a dra(t 7ill issued (or consultations! 0t was not hard to see that the intent was to continue and ce%ent the #Father ;alcourt 3nows 7est# approach o( the 0ndian '((airs depart%ent and opposition to the dra(t 7ill wor<ed to stall its ad*ance (or the ti%e being! The Pri*ate &e%ber#s 7ill o( +ob Clar<e &P (ro% =as<atchewan, C428 was introduced to repeal so%e o( the %ore inde(ensible sections o( the 0ndian 'ct! 0t passed the /ouse o( Co%%ons in altered (or%, with so%e o( the original pro*isions deleted, ostensibly on account o( the co%ple9ity and uncertain conse>uences o( their repeal! 0n &arch the =upre%e Court o( Canada ga*e its decision in the &anitoba &?tis Federation case, which was started in 'pril 1@81! The case is "T, contrary to al%ost all publicity about it, a land clai%s case! 0t %erely as<ed (or a declaration that the go*ern%ent o( Canada (ailed to i%ple%ent s!11, the &?tis lands pro*ision in the &anitoba 'ct1840! The court granted the declaration, contrary to all reasonable e9pectations on account o( the incredibly bad record o( e*idence and decisions in the lower courts! The &anitoba &?tis Federation announced a co%%ittee o( non: &?tis that it appointed to help it deal with %oneys it e9pects to get (ro% negotiations with go*ern%ents! This bold %o*e belies the (act that the decision i%plies that the ulti%ate bene(iciaries o( the decision, i( any, are descendants o( the original persons entitled to

recei*e &anitoba 'ct lands, %any o( who% li*e in =as<atchewan and elsewhere! =o (ar the Court has an al%ost per(ect recordA it has %issed the %ar< on e*erything it has decided on &?tis issues e9cept (or the actual granting o( the declaration! elson &andela died late in the year, closing the door on an historic )ourney against racis% in =outh '(rica, and opening the door on protracted politics o( opposition that has obser*ers worried! Be %ight conclude with the >uestionA what is the better way to reconcile the interests o( the 0ndigenous peoples in Canada with the stateC 's a %atter o( procedure, the issue o( national reconciliation %ust be %aintained as a national issue and led by a Pri%e &inister! ' national con(erence o( leaders o( both sides %ust be called to set guidelines (or negotiations and agree%ent at the regional and local le*els! 's a %atter o( substance three ele%ents suggest the%sel*esA 1! +ecognition o( 'boriginal and Treaty rights or %a<ing s!12 o( the Constitution 'ct 1@82 e((ecti*e! 2! 8nacting laws to (ill in gaps (or the i%ple%entation o( the relationship! 1! The creation o( a new speciali6ed )udicial Tribunal, with 'boriginal representation, to resol*e disputes! 0( 0 a% not holding %y breath about it being done it is not (or lac< o( opti%is% but appreciation o( political reality! 'nd in =portsA 8*ery year, li<e %any Canadians, 0 en)oy watching the Borld Junior /oc<ey tourna%ent at Christ%as ti%e! Congratulations to the Finns (or a success(ul FinnishD The Finns beat =weden and the re(erees to win $old!

Paul Chartrand, a &etis (ro% =t .aurent, &anitoba and author o( nu%erous publications on law and policy related to indigenous peoples, is a retired law pro(essor who has held uni*ersity positions in Canada, 'ustralia, ew Eealand and the F=', and has ser*ed on a nu%ber o( high:pro(ile 'boriginal policy bodies! 7etween 2002:2008 he was Pro(essor o( .aw at the College o( .aw, Fni*ersity o( =as<atchewan! /e has ad*ised &etis and First ations organi6ations and go*ern%ents, and currently does consulting wor< and occasionally spea<s at con(erences and lectures at uni*ersities o*erseas and principally in 'ustralia and ew Eealand! Paul has been inducted into the =as<atoon =ports /all o( Fa%e and the &anitoba 7aseball /all o( Fa%e!

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close