Indigenous Rights and Title in Canada

[jacee]

This is a shakedown, with the horrible background situation of native North Americans.

Hmmm ... well it isn't a shakedown when stolen property is being returned to rightful owners.

But even if it was ... it's pretty benign compared to the long slow brutal genocide that was inflicted on them to steal the land.

And make no mistake ... the government and others have the records needed to tell the truth.

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Edited July 7, 2014 by jacee

[Smallc]

Funny how no one pointed this out:

http://www.macleans.ca/news/canada/supreme-court-rules-in-grassy-narrows-logging-dispute/

Ceded land is ceded land as long as at least some attempt is made to honour thr obligations.

[jacee]

Funny how no one pointed this out:

http://www.macleans.ca/news/canada/supreme-court-rules-in-grassy-narrows-logging-dispute/

Ceded land is ceded land as long as at least some attempt is made to honour thr obligations.

Ya ... some attempt to address the impact of industry on the people of Grassy Narrows would be helpful:

http://kersplebedeb.com/posts/grassy-narrows-a-community-resisting-genocide/

As many as 1,000 people showed symptoms of the dreaded Minamata disease in the 1960s and 1970s. Pollution meant the English-Wabigoon River had to be closed to commercial fishing. Jobs vanished and welfare dependency increased. In 2002, 86% of Grassy Narrows residents tested showed signs of mercury poisoning.

[Smallc]

But that's not really what the ruling said...you're dodging.

[jacee]

But that's not really what the ruling said...you're dodging.

It's no surprise that the court found this a matter for the provincial Crown: That's the division of responsibilities.

I'm just commenting ... that on treaty land the provincial Crown still has a duty to consult, accommodate, and one would hope to minimize the negative effects of industry on the health and wellbeing of the Aboriginal communities affected ... to "honour the obligations" of the treaty.

http://business.financialpost.com/2014/07/11/supreme-court-of-canada-upholds-ontarios-right-to-issue-development-permits-on-aboriginal-treaty-land/

Yet the courts decision doesnt grant the province carte blanche in issuing permits. Instead, it confirms that the Crown must consult with aboriginals and accommodate their needs before taking any action that infringes on native treaty lands.

Edited July 13, 2014 by jacee

[GeraldR]

'Let all the things that live in the swamp hatch out'

There's much more 'joy' to be had:

1) for the first period in history, first nations are able to access due process of law on an equal basis to all citizens

2) in many cases, governments and individual actors engaged in various kinds of fraudulent and illegal activity in their dealings with first nations people

3) for many decades, the fed imposed a defacto moratorium on legal actions by first nations supposedly only related to land claims but generally used by the fed to suppress pretty much anything they wanted to

4) governments frequently employed dishonest and/or incompetent agents and employees

5) the fed and to some extent the Ontario government kept changing course often abrogating previous agreements

6) the current government continues to ignore legal and/or regulatory requirements in their dealing with first nations.

7) the Ontario government has a long tradition of resorting to the 'theory of discovery' as a principle

8) both fed and provinces applied made-up terms and definitions to work around rules and regulations (some patently foolish)

9) a good deal of fed and provincial policy was based on the concept of privilege for 'pure' European citizens

10) governments frequently failed to distinguish between one first nation and another (they even worked on the assumption that some innuit living in Quebec were 'Indians')

There is a huge backlog of missteps and misdeeds and dealing in bad faith still to be accounted for; worse, because of (3) they have been allowed to steep until (1) happened (no one ever suspected they were only making things worse in the long run).

Some of the stupidity that went on may continue to haunt us; for example, they imposed an interpretation that only those that cleared land could obtain title mainly as a means of preventing 'Indians' from obtaining title. This created at least a few problems: first, there were quite a few Europeans with land titles that never improved the land but much later sold it on - illegally as they didn't meet the requirement for title; second, some first nations people were effective agriculturalists and had to be deprived of title by some flimsy excuse such as their presence was disruptive to European society; third, in spite of agricultural success, they gave away title to others because 'Indians' were just not as efficient farmers (in some cases where they outperformed European farmers, the fed just banned them from buying more farm equipment). Bad faith dealing is one thing; stupidity is another; neither singly or in combination provides much of a legal defense.

In Ontario, things are more messed up because the province and the fed frequently shifted issues back and forth and for a while the province of Quebec was in the loop until no one can honestly say what the resolution was if any. There were quite a few cases of dragging things out until one or more parties died (presumably, the notion of an estate was not contemplated).

One thing I've come to understand is that First Nations (or Indians) is a plural: this seems obvious but a surprisingly large portion of government policy and actions completely ignored this detail. Yet another bone for lawyers to chew on.

Edited July 13, 2014 by GeraldR

[jacee]

OOPS!

Harper belatedly realizes that maybe he really messed up his resource development plans by alienating Indigenous Peoples, putting them on his 'enemies' list, threatening to withhold funding if they opposed resource developments.

Having lost a series of Supreme Court decisions, one making Aboriginal Title a reality in Canada, and with the Northern Gateway pipeline project hung up by 219 requirements, Harper finally decides to actually talk to Indigenous Peoples (as required by law) about

resource developments on their territories.

http://m.theglobeandmail.com/news/politics/changes-afoot-for-aboriginal-treaty-talks-and-resource-development/article19817759/?service=mobile

Mr. Eyfords report called for better relations between governments and aboriginals in order to build the trust required to reach agreement on resource development.

However, trust is in short supply at the moment when it comes to aboriginal relations and the Harper government.

...

Anne Johnson, a Queens University community relations expert and PhD candidate in mining, said Ottawa appears to be redoubling its efforts to persuade First Nations people they would benefit from resource projects such as the Northern Gateway pipeline to the B.C. coast.

...

Grand Chief Stewart Phillip, the president of the Union of British Columbia Indian Chiefs, called the governments announcement a misguided attempt to calm jitters among industry stakeholders.

This is a pathetic effort to revitalize the treaty process in the aftermath of a dramatic change to the legal landscape, he said, referring to the Supreme Court decision. Its going to take more than that.

So Harper thinks he's finally going to try face-to-face

... using strongarm tactics.

This will be interesting to watch.

[jacee]

I think this is an interesting development, a nonprofit initiative to raise awareness and build partnerships among Indigenous and other Canadians:

When the first settlers came to our land, we welcomed them. Indigenous people shared with newcomers to help them survive. Trade relationships and alliances of friendship and peace flourished and solemn treaties were signed. These are the values and the partnership that we are trying to restore starting today.

A partnership of equals, pledged to reconcile historic wrongs, committed to mutual respect and dedicated to the eradication of inequities.

http://www.cfnp.ca/declaration/

The Declaration of Canadians For A New Partnership

We the undersigned declare our resolve to build a new partnership between Aboriginal and non-Aboriginal peoples of this country - a partnership based on the principles of mutual respect, peaceful co-existence and equality; one that will be built by restoring trust and respecting Aboriginal and Treaty rights. Today we invite all Canadians to join us as we set out to write a new chapter in the evolution of our nation.

More about CFNP here:

http://www.cfnp.ca/the-story-of-the-cfnp/

[Rocky Road]

http://www.leaderpost.com/touch/story.html?id=10206890

[jacee]

what-s-in-a-name-indian-native-aboriginal-or-indigenous

I have always maintained that we should call people what they want to be called

I think that about covers it.

Indigenous is their choice in Canada, and internationally.

Indian was a misnomer and is now a personal choice of one, but not a label by others.

Aboriginal is used in British legal tradition, is questionable in meaning and was used politically in Canada to obscure identification with international organization.

First Nations is a government identifier.

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Edited October 3, 2014 by jacee

[Rocky Road]

sigh

Edited October 3, 2014 by Rocky Road

[overthere]

what-s-in-a-name-indian-native-aboriginal-or-indigenous

I have always maintained that we should call people what they want to be called

I think that about covers it.

Indigenous is their choice in Canada, and internationally.

Indian was a misnomer and is now a personal choice of one, but not a label by others.

Aboriginal is used in British legal tradition, is questionable in meaning and was used politically in Canada to obscure identification with international organization.

First Nations is a government identifier.

.

There are a boatload of First Nations in Alberta, and the federal government did not name any of them.

[jacee]

John Ralston Saul: The Comeback, a celebration of how native people are empowering themselves, a review of how theyve been (and continue to be) wronged, and a warning that Canada is at an historic moment when this missing piece in nation-building must be addressed.

/aboriginal_rights_a_simple_matter_of_rights_denied

He leaves no easy out for guilty liberals merely satisfied to have their hearts in the right place

...

People went into the Ring of Fire under the old idea that they could get what they wanted under the old terms. And it turns out that under the new terms its going to be done differently. This is the shifting of power, just as the pipeline story is the shifting of power. Suddenly, people are realizing that they cant get those pipelines without the aboriginals. Thats real power. This is not the same Canada.

Not without 'kicking and screaming' ... and flip-flopping:

/canada-sets-lowest-standard-at-world-conference-on-indigenous-peoples-

Matthew Coon Come says Canada contradicted own endorsement of UN Declaration this week

[Michael Hardner]

The comparison to Quebec in the 1960s is interesting.

The current situation reminds Saul of nothing so much as Quebec in the 1960s, he writes, with the emergence of a new elite of “smart, tough, intellectually lean, rightfully angry young people” determined to address injustice and forge their place in Canada.

Back then, “we dealt with it,” he said. “Is it neat and tidy? No. It will always be with us, this sort of tension. But we dealt with the wrongs. It cost a lot of money, it was a big effort, but we did it. And we have a functioning system that reflects a certain level of fairness.”

[Rocky Road]

http://www.imaginenative.org/home/

Always look to the arts for ideas about transcending divides and building bridges.

[jacee]

A fascinating revelation on human evolution and civilization in North America: The hidden story of the red haired giants of North America, now revealed as fact by the US Supreme Court. Amazing!

/smithsonian-admits-to-destruction-of-thousands-of-giant-human-skeletons-in-early-1900s/

There has been a major cover up by western archaeological institutions since the early 1900′s to make us believe that America was first colonized by Asian peoples migrating through the Bering Strait 15,000 years ago, when in fact, there are hundreds of thousands of burial mounds all over America which the Natives claim were there a long time before them, and that show traces of a highly developed civilization, complex use of metal alloys and where giant human skeleton remains are frequently found but still go unreported in the media and news outlets» he explains.

And a sample of the civilization:

http://ngm.nationalgeographic.com/2011/01/cahokia/hodges-text/2]

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Edited December 18, 2014 by jacee

[The_Squid]

A fascinating revelation on human evolution and civilization in North America: The hidden story of the red haired giants of North America, now revealed as fact by the US Supreme Court. Amazing!

/smithsonian-admits-to-destruction-of-thousands-of-giant-human-skeletons-in-early-1900s/

There has been a major cover up by western archaeological institutions since the early 1900′s to make us believe that America was first colonized by Asian peoples migrating through the Bering Strait 15,000 years ago, when in fact, there are hundreds of thousands of burial mounds all over America which the Natives claim were there a long time before them, and that show traces of a highly developed civilization, complex use of metal alloys and where giant human skeleton remains are frequently found but still go unreported in the media and news outlets» he explains.

.

Giants with red hair roamed North America? LOL

This same site has a story about how there was a global flood 12,000 years ago.

I hate to be so blunt, but your post makes me question your critical thinking skills... this is nutbar stuff... what's next... alien abductions?

If you are meaning this post as a joke, then it was just too subtle for me to get I guess... I do hope it was a joke though and that you're not serious...

[jacee]

Giants with red hair roamed North America? LOL

This same site has a story about how there was a global flood 12,000 years ago.

I hate to be so blunt, but your post makes me question your critical thinking skills... this is nutbar stuff... what's next... alien abductions?

If you are meaning this post as a joke, then it was just too subtle for me to get I guess... I do hope it was a joke though and that you're not serious...

Oops!

Apparently it is a satire article.

http://badsatiretoday.com/smithsonian-admits-destroying-giant-skeletons-1900s/

But who knows ... who were the Mound people?

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[Smallc]

Oops!

Apparently it is a satire article.

http://badsatiretoday.com/smithsonian-admits-destroying-giant-skeletons-1900s/

But who knows ... who were the Mound people?

.

Early aboriginal people, wherever they may have come from. There are some theories that the Inuit people are ancient people that lived in Ireland. They moved into the Arctic killing the areas earlier inhabitants.

[Argus]

Early aboriginal people, wherever they may have come from. There are some theories that the Inuit people are ancient people that lived in Ireland. They moved into the Arctic killing the areas earlier inhabitants.

Well then, that would mean Canada belongs to the Irish. :-)

[jacee]

Interesting map of the Mound Builders territory

http://www.watertown.k12.ma.us/cunniff/americanhistorycentral/Graphic_Images/01_First_Americans/07_The_Mound_Builders/Mound_Builders_map.jpg

http://www.thepeterboroughexaminer.com/2014/09/05/serpent-mounds-evidence-in-ancient-artifacts

[jacee]

Well then, that would mean Canada belongs to the Irish. :-)

Shh ... it's a secret.

.

[jacee]

http://www.edmontonjournal.com/touch/story.html?id=10668483

EDMONTON - Ottawa should have consulted with First Nations before introducing the two omnibus bills that helped spark the widespread 2012 Idle No More protests, a federal judge ruled Friday.

Albertas Mikisew Cree First Nation took the Government of Canada to court over the bills. Their win will not affect the legislation that is already in effect, but it requires governments to seek input from affected First Nations in the future before the bills pass.

The 'duty to consult and accommodate' is formally recognized to include legislation that may impact on Aboriginal rights.

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Edited December 20, 2014 by jacee

[Accountability Now]

http://www.edmontonjournal.com/touch/story.html?id=10668483

EDMONTON - Ottawa should have consulted with First Nations before introducing the two omnibus bills that helped spark the widespread 2012 Idle No More protests, a federal judge ruled Friday.

Albertas Mikisew Cree First Nation took the Government of Canada to court over the bills. Their win will not affect the legislation that is already in effect, but it requires governments to seek input from affected First Nations in the future before the bills pass.

The 'duty to consult and accommodate' is formally recognized to include legislation that may impact on Aboriginal rights.

.

Nowhere in the ruling did it say they have to 'accommodate'. At best this is a symbolic victory as it did nothing to the actual legislation that past.

By the way...what ever happened to Idle No More? Is it idle once again?

[jacee]

Nowhere in the ruling did it say they have to 'accommodate'.

That's already established:

http://en.m.wikipedia.org/wiki/Duty_to_consult_and_accommodate

At best this is a symbolic victory as it did nothing to the actual legislation that past.

It's the law to which new legislation must conform now.

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