First Nations blockades are roiling the country. The present situation can be traced back to a decision the Supreme Court made in 1997. Tom Walkom writes:
The 1997 Delgamuukw case, dealt directly with a claim by Wet’suwet’en hereditary chiefs for jurisdiction over a big chunk of unceded land in northern British Columbia.
While not ruling on the specifics of the case (the court said a new trial — which has never been held — would be necessary to do that) the justices indicated that the Wet’suwet’en nation did indeed hold Aboriginal title over a undefined portion of this land.
However, the court said this Aboriginal title did not confer exclusive jurisdiction. In particular, it said, federal and provincial governments retained the right to overrule Aboriginal title for valid reasons of economic development.
The court did not address the question of whether Aboriginal title would rest with the hereditary chiefs or elected band councils.
It's the conflict between the heredetary chiefs and the elected band council that is at the heart of this matter. The Conservatives, in the person of Andrew Scheer, are trying to muddy the waters:
Party leader Andrew Scheer has chosen to refer to protestors in such harsh terms. His contention that shadowy, foreign, climate “radicals” are secretly directing the blockades is patently absurd.
The Tyendinaga Mohawks blocking the CN mainline near Belleville may be wrong-headed. But they are not, as the Conservatives would have it, catspaws of American billionaire environmentalists, such as George Soros.
In this situation, it's really important to keep your eyes on the prize. This is a difficult situation and it will not be easy to resolve. Certainly, Mr. Scheer is not the person to do that.
Image: The Globe And Mail
10 comments:
It's strange that the media follow the Con line in blaming Trudeau for the blockades. The LNG pipeline that's supposed to cross Wet’suwet’en land is entirely within the jurisdiction of BC's NDP government. The BC government approved the pipeline route, and the BC government has the power to reroute it or cancel the project altogether. Other than being responsible for the local RCMP, the federal government has no say in the matter.
As for the Mohawks of Tyendinaga, CN has obtained a court injunction to allow the removal of the rail blockade. But the OPP refuses to enforce it. Again, this has nothing to do with Trudeau. The OPP reports to Ford's Con government, yet somehow this is never mentioned and Ford is never questioned on his government's inaction.
It's as if everybody forgets about provincial jurisdiction. Even the Trudeau government doesn't push back on the narrative and tell reporters to go talk to Horgan and Ford for answers! Weird.
Cap
This is a hot patato that no one wants to touch, Cap. But, in the end, Trudeau will have to solve the problem.
You're probably right, Owen. But it annoys me that the Cons and the media who are seemingly so concerned with jurisdictional issues between band councils and Wet’suwet’en hereditary chiefs are so oblivious to similar jurisdictional issues in the settler colonial governments.
Cap
They propose simple solutions, Cap. But the problem -- like the history -- is very complicated.
Cap is right in that Trudeau has a jurisdictional "out" on these protests. He cannot, however, be excused for his failure to make a serious effort on reconciliation these past 4+ years.
I don't know if Trudeau is reluctant to give credit to Paul Martin but he ought to have revived Martin's Kelowna accord very shortly after his majority win in 2015. That had been a "nuts and bolts" deal to improve living conditions in FN communities but it was recognized on both sides as a major step forward on reconciliation.
Trudeau dropped the ball and I don't think that was inadvertent.
Harper, with the collaboration of Layton, put an end to the Martin government and, hence, the Kelowna accord. Any gains First Nations achieved during the Harper era were mainly through the courts. Trudeau had the chance to garner no end of goodwill once he came to power. He didn't.
Related:
Nobel prize winners demand Trudeau stop the Teck Frontier mine.
https://www.theguardian.com/commentisfree/2020/feb/21/nobel-prize-winners-justin-trudeau-teck-frontier-mine
kh
Good will is very hard to find these days, Mound.
I took note of that letter, Kh. You can't separate First Nations issues from climate change.
The Conservative Party just wants to flap their gums and get some free advertising. There is nothing constructive about any of Scheer's position. If Scheer were in office, he would most likely have been responsible for violence at these protest zones, but then Scheer has never had to deal with the real world.
Scheer was never a good choice for the Conservatives, e.a.f. And it looks, at the moment, that no one better is standing in the wings.
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