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The strange case of Canadian contempt

January 28, 2013 By Conversation, First Nations 5 Comments

I have a confession.  I advise people never to read the comments on newspaper websites.  But I do read them.  I can’t take my eyes off them.  They are a train wreck of logic and hate and contemptuous entitlement.

Lately however, especially the comments on stories about First Nations, they seem entirely predictable.  In fact they seem almost too predictable.  Every article on the Globe and Mail website for example contains hundreds of comments, a huge majority of which repeat some basic themes:

  • Nothing should change until First Nations are accountable for their money
  • First Nations get a free ride
  • The chiefs are corrupt and bad fiscal managers.
  • Treaty rights are a joke: there should be one law for all
  • The sooner Aboriginals merge with the rest of us the better.

So let me address these in brief, one by one.

First Nations are accountable. In fact the Auditor-General of Canada said that First Nations are TOO accountable.  Too much is spent reporting on funds and not enough time is spent actually using them.  But just because you can’t be bothered to look up the financial statements from publicly funded governments does not mean they are not accountable.

First Nations do not get a free ride. All governments receive tax dollars for services.  First Nations are no different.  And on top of that, First Nations are eligible for special programs and services because of the nature of the treaty relationship and the entrenchment of Aboriginal and treaty rights in the Constitution.  But this is not a free ride.  This is the result of agreements that asked First Nations to trade away rights to land FOREVER in exchange for some farm tools a few dollars, some new clothes, a reserve owned by the Queen and a school. That isn’t exactly a free ride.  If someone invited you to a similar deal, would you take it?

Chiefs are not any more corrupt that anyone else. People are people .  When people commit crimes they go to jail and do the time for it.  Many, many, federal, provincial and municipal politicians are criminally corrupt as well.  There is no greater number of Aboriginal politicians in jail for corruption.  Also, there is no federal or provincial government that is not in debt.  Having said that, in December 2011, only 12 out of 633 First Nations were in the equivalent of bankruptcy protection. This means that, according to the federal government’s own policies, and based on overly onerous reporting requirements,  98.2% of First Nations are run fine.

In Canada there is one law for all.  That law is the Constitution. It protects treaty rights and Aboriginal rights.  It also protects free speech, privacy, freedom of assembly and so on.  It also allows for laws to be made that are different for different groups of people in order to ameliorate conditions that lead groups of people to have social disadvantages.  Anyone who argues that First Nations are not currently disadvantaged in Canadian society has simply not done the research.

Aboriginal people have merged with Canada. And the mechanism for doing so was treaties.  And where treaties don’t exist, outstanding issues of Aboriginal rights and title still exist and Canadians and First Nations are compelled to figure this question out.  The problem for assimilationists is that they don’t like the terms of this merger.  Well it’s too late for that.  When the ancestors of settlers arrived in this country they inherited the treaty benefits accorded to all Canadians, which allowed them to own land, start businesses, reap the resources, poison the waters, and profit profit profit.  Obviously settlers aren’t giving their benefits back, and clearly First Nations aren’t getting exclusive title over the land back.  We are merged.  And this is Canada.  And it benefits settlers enormously.

The comments I am seeing online have a strange hollow ring to them.  They parrot these objections ad infinitum and you see these lines everywhere.  No one is really thinking about what they are saying, just reacting.  Perhaps in some cases there are coordinated  communications  strategies to keep repeating these lines over and over until they seem true.  But they aren’t true.  You might have opinions, you might have a view of the world and how you want it to work, you might have an agenda, but it’s probably not what is really going on.

Straw man arguing has risen to the level of hollow social contempt.  It seems funny now.  But where it seems real, try a few of these alternate views on and see if you can have an actual conversation.

We are all treaty people

January 23, 2013 By First Nations One Comment

Five years ago I wrote about a speech from former  Governor General Adrienne Clarkson who pointed out that all Canadians are treaty people.

Now more than ever I want to underscore that fact.  Idle No More is drawing attention to the fact that Canada has been founded on a relationship, a relationship that has been set out many times in treaties.  Treaty rights are so foundational to the existence of this country that they are enshrined and protected in the Constitution of Canada.

A lot of recent rhetoric from settler Canadians in the last few months has focused on the benefits that flow to First Nations as a result of treaties.  But we haven’t had the conversation about the benefits that flow the other way.

Under Canadian law, Aboriginal title exists in places where there are no treaties.  This is the case for most of British Columbia, although no First Nation has yet made the case under Canadian Law that they hold title.  But the concept is simple and it is clear.  Without the consent to enter into a different kind of relationship between First Nations and Canada, Aboriginal title exists.  Where Aboriginal title is proven to exist, it has massive implications for Crown land ownership.

Over the past few hundred years, the Crown and later the Crown in right of Canada acted upon the Royal Proclamation of 1763 and pushed its claims further westward making treaties as it went to cement and clarify the relationship with First Nations. This process continues today in BC.  In effect this meant that, in exchange for a few benefits flowing to First Nations, the Crown gained control of lands and resources such that it was able to issue title, permits and licenses for use of land.  If you own land privately or you lease it or you have a permit to operate on Crown land or you extract resources from the land, you are a treaty beneficiary.  You are a treaty person.

Some of the most ridculous opposition to treaty rights comes from people who believe that First Nations should not receive special benefits or have their treaty rights enshrined in the Constitution. This is the same Constitution, by the way, that guarantees the freedom for people to make ridiculous speeches about First Nations.  Most who opposed to treaty rights would have a fit if their free speech rights were taken away, but the rights have exactly the same weight in Canadian law: the are protected in the Constitution.

Opposition that is littering comments sections around the web essentially comes down to this: we should tear up the treaties and just have indigenous people assimilate into Canadian society.  But this is a ridiculous position.  If we tear up treaties, then the contracts are broken and the ownership of the land reverts to First Nations.

If people want to restart the relationship, fine.  I’m sure that First Nations will be more than happy to return the billions of dollars of benefits for the trillions of dollars of land value.  Then we can start negotiations again.  What would you pay now for the right to own private land, or the right to earn a living extracting resources?  Trust me, setller governments got the bargain of the millenium.  Never has so much been given away for so little, the billions that flow to First Nations every year are a small portion of the trillions that are earned off of formerly Aboriginal-owned lands..

Every Canadian is a treaty person.  Every Canadian benefits from treaties made with First Nations, and every Canadian has responsibilities under those treaties as well.  First Nations have rights and under treaty have responsibilities too.  Idle No More is simply about respecting that we have a relationship and that we all have to live up to it.  It is very difficult to do so when huge numbers of your “partners” don’t even acknowledge that they have made a bargain that benefits them.

So allies, make this point to your friends and those who don’t understand the relationship.  Ask them where they think the right to own land comes from?  It comes from treaties.  If they don’t believe you, point them to the Delgamuukw court ruling which says that Aboriginal title cannot be single handedly extinguished by the Crown.  It’s simple.  When you realize how much you have gained through the power of a longstanding and honourable relationship, you should be thankful.  If you still resent the benefits and rights that First Nations enjoy under this relationship, then offer back your land and your ability to make a living and feed yourself and keep your hard earned tax dollars.  You cannot be a Canadian without inheriting the legacy of treaty makers.  You cannot have the benefits without the responsibilities.  This country would never have existed without these agreements and that is why they are protected.

Such a small price to pay for such a huge benefit.  Why not celebrate and honour the agreements that make Canada possible?

Living under a winter high

January 21, 2013 By Being, Bowen One Comment

Fog in the Queen Charlotte Channel

Just beautiful weather here the last week.  We have been living under a high pressure system that is forcing some wonderful meterological phenomena.  Notably, the high pressure traps cold air near the sea and creates an inversion, meaning that the moisture can’t escape and form clouds, so it lingers at sea level forming think banks of fog that fill the Strait of Greorgia and Parts of Howe Sound.

Last night the fog bansk were as thick as they can get and all night long we were treated to the soothing symphony of dozens of different fog horns sounding out in the dark.  the Point Atkinson lighthouse, which is miles away at the entrance to English Bay has a classic two tone deep “eeeee-ooooo” and the whistles and horns from moving ships in the night answered the call.

This morning in the bright sunshine on Bowen, the fog did it’s best to fill the Sound, but we somehow escaped the cool, and we are being treated to an incredible display of light and blue sky and grey fog flowing in from the Strait.  There is something to be said about how bright the sun is when it rises out of the fog and reflects off the tops of what previously obscured it.

Yesterday, the kids and I went skiing at Cypress and the view from Mount Strachan shows the way the fog coats the city and eases part way into Howe Sound.  It made for beautiful views, and a gorgeous sunset.

Winter sunrises

January 20, 2013 By Uncategorized


All week we’ve been treated to sunrises like this. Red sky and pink sea. Warm and stormless January continues.

Killarney Lake frozen over

January 19, 2013 By Uncategorized 3 Comments


Finn playing with the ice on a frozen Killarney Lake. We have had cool temperatures and no wind or rain the last week or so and our lakes have frozen over. Folks have been skating on Josephine Lake as well.