Robin Sears writes that what is going on in Northern British Columbia is not a new phenomenon. It is the culmination of a decades-long refusal to deal with the intersection of First Nations rights and resource development:
Its roots go back decades to a stunning decision by the Supreme Court in 1997, the Delgamuukw decision. The court declared governments can retain control over resource and transportation projects, but they must also enter into negotiations to settle issues of land management and governance with Indigenous peoples:
[T]he Crown is under a moral, if not a legal, duty to enter into and conduct those negotiations in good faith. Ultimately, [these issues will be resolved] through negotiated settlements, with good faith and give and take on all sides, reinforced by the judgments of this Court.”
Governments led by Jean Chrétien, Paul Martin, Stephen Harper and, initially, Justin Trudeau defied the court. Why? Because they knew that successful negotiations could only end in one place — reduced power for the governments involved to maximize the revenues from resource extraction on those lands. Now all Canadians are paying a heavy price for their cupidity.
There is always a cost to kicking the can down the road. All those politicians, protected for years behind their shield of lawyers, paid literally hundreds of millions of taxpayers’ dollars in dozens of similar battles, are now squabbling over whose fault it is. Imagine if some of that money had instead been used in settlement agreements?
We've reached the point where we can no longer kick the can down the road. Some goodwill has been displayed in this crisis:
To give credit where it is due, Ottawa’s minister responsible for this file, Carolyn Bennett, has worked hard to get serious negotiations underway behind the scenes, as has B.C. Premier John Horgan and two former B.C. NDP MPs, Murray Rankin and Nathan Cullen. Until this winter’s explosion of anger, they appeared to be making progress.
But now Justin Trudeau himself has to step in:
Now it’s time for the prime minister to put the full force of his government behind an urgent acceleration of talks to finally arrive at the settlement the Supreme Court told them was their duty decades ago. The last excuse, the last prevarication is now history — or we will face an even more bitter confrontation next time.
John A. Macdonald's nickname was "Old Tomorrow." He had a talent for kicking things down the road. Mr. Trudeau can no longer afford to employ Macdonald's approach to governing.
Image: Ottawa Beer Fest
4 comments:
.. The intersection of First Nations Aboriginal Title, our highest Courts and Legal systems, our Governments, Federal and Provincial, BIG BUSINESS, and the taxpaying Public is a truly expensive territory. Currently, two of the five 'stakeholders' favor changing the rules to suit their various needs, sliding around or over or ignoring Aboriginal Title and its main defender or advocate, The Highest Courts and fact. Neither the First Nations nor our Highest Courts are appreciated and/or respected. The legal bills of Governments and The Courts are of course paid by taxpayers.. ie The Public ! The First Nations are not. In fairness, they may allocate legal funds from any amounts received from Taxpayers via Governments. Big Business receives Government Funds in various ways. And Incentives are Funding.. and so are Government Legal Costs on behalf of Big Business.. ie 'before The Court'. Taxpaying Public is about the last to know 'the facts of the matter' so quaintly or saintly quoted by twisty glib spokeswanks.
The idea seems to be 'gain certainty' for Big Business by extinguishing Aboriginal Title ie having control of all unceded First Nations territories by essentially weaponizing a revised Indian Act.. that resembles or is called 'a Treaty' but is only The New Rules eh ! One could look at it as a 'Reverse Mortage' where the peoples still get to live there but have surrendered title of their property and house.. but get monthly payment till they die. Paid 'guests' on a property they no longer own or hold title to. That's the Grift.. that is the wish of our Governments, Political Parties and Big Business. That is the endgame.. 'Certainty'. The stakes are well beyond enormous, they are quantum. They dwarf the Grifts of The Past or Grifts still underway. Just check out the chronology of The Treaties that locked up southern Ontario all the way north past Lake Simcoe - east past Oshawa and west to Windsor plus water rights.
The reverse mortgage analogy is apt, sal. You can live on the land. But we own it. The powers that be are laughing all the way to the bank.
What it all boils down to is our government/society has never cared what the Indigenous People wanted, needed, preferred, etc. It has always been all about natural resource corporations making as much money as possible. Indigenous People have had enough. Governments are in a bind. If they do what is right, they rest of the population will vote them out of office because most people do not look favorably upon Indigenous People. Corporations see them as impediments to profits.
This issue has been with this country for a 150 years and it will be here in another 150 years.
You're right, e.a.f. There is a long history to all of this.
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