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Indigenous

The Quiet Remaking of Canada

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From the Frontier Centre for Public Policy

By Brian Giesbrecht

B.C. residents sat up and took notice of this shocking change when the Eby government announced that it planned to embark on a plan of “co-governance” with its indigenous population – a plan that would have given 5% of B.C.’s population a veto over every aspect of public land useage in the province.

Most Canadians are unaware that a campaign to remake Canada is underway. The conception of that most Canadians have of their country – that it is, one nation, in which citizens of different ethnic, religious and racial groups are all treated equally, under one set of laws – is being fundamentally transformed. B.C. residents sat up and took notice of this shocking change when the Eby government announced that it planned to embark on a plan of “co-governance” with its indigenous population – a plan that would have given 5% of B.C.’s population a veto over every aspect of public land useage in the province.

An emphatic “No” from an overwhelming majority of citizens put an end to this scheme – at least temporarily.

But the Eby government continues to move forward with its plan to transform the province into a multitude of semi-autonomous indigenous nations to accommodate that 5% of the indigenous B.C. population. It is proceeding with a plan that recognizes the Haida nation’s aboriginal title to the entire area of the traditional Haida territory. It would basically make Haida Gwaii into what would in essence be a semi-independent nation, ruled by Haida tribal law.

Many of us are familiar with that exceptionally beautiful part of Canada, where the Haida have lived for thousands of years. Misty Haida Gwaii, formerly known as the Queen Charlotte Islands, is a magical place. Until now, it has been a part of Canada. How would this Haida agreement change that?

Non-Haida residents of Haida Gwaii are probably asking themselves that question. Although they are being told that their fee simple ownership and other rights will not be affected by the Haida agreement, is that true? If one must be Haida by DNA to fully participate in decisions, how can it be argued that non Haida residents have rights equal to a Haida?

For example, the Supreme Court ruled in the Vuntut Gwitchin case that, based on the allegedly greater need of maintaining so-called Indigenous cultural “difference”, individual Indigenous Canadians can now be deprived by their band governments of their rights under the Canadian Charter of Rights and Freedoms on their home reserves and self-governing territories. Simply put, the law of the collective- namely tribal law- will apply.

So, tribal law takes precedence over Canadian law. And will a non-Haida resident be deprived of rights that he would enjoy anywhere else in Canada? For that matter, will an indigenous, but non-Haida, resident have equal rights to a Haida, if he can’t vote in Haida elections? Will this plan dilute, or even eliminate, fee simple ownership for some.

Or this: Does a provincial government even have the power to make such an agreement in the first place? After all Section 91(24) of our Constitution Act gives the federal government responsibility for status Indians.

These are but a few of the many questions that has B.C. residents asking many questions. In fact, the proposed Haida agreement will likely be front and centre in the upcoming provincial election, and could usher in decades of litigation and uncertainty.

But the Eby government has made it clear that the Haida agreement will be the template for others that will follow. Considering the fact that there are at least 200 separate indigenous communities in B.C. this would be a very ambitious undertaking – especially in light of the fact that most of those 200 or so communities are tiny, and almost all are dependent on taxpayers for their continued existence.

Eby is responding to the Supreme Court’s astounding decision that aboriginal title existed, unless it had been surrendered by treaty. The court relied on the Royal Proclamation of 1763 to come to this decision. This was after what was the longest trial in the history of B.C. wherein the trial judge in that case, Chief Justice Allan McEachern, had written a masterful decision finding that aboriginal title did not exist as claimed by the indigenous parties to the action. The Supreme Court went on in subsequent  cases to transform Canadian indigenous law and expand section 35 in a manner that emphasized the need for “reconciliation”, the primacy of the collective over the rights of the individual for indigenous people, and the need for indigenous “nation to nation” separateness, instead of assimilation. All of this was done by judicial fiat, with absolutely no input from the Canadian public. Senior Ontario lawyer, Peter Best, describes this radical transformation of Canada in his epic work, “There Is No Difference”.

The unfortunate decision by both the federal government and the B.C. government to adopt UNDRIP, (United Nations Declaration on the Rights of Aboriginal Peoples) and B.C.’s provincial version, DRIPA, (Declaration on the Rights of Indigenous Peoples) further muddied the waters.

What British Columbia will look like in 10 years is anyone’s guess, if the hundreds of indigenous communities in B.C. are successful in obtaining agreements similar to what the Haida negotiate. It also seems very likely that indigenous communities in other parts of Canada will see what the B.C. communities achieved, and want the same additional autonomy and land rights for themselves. In the treaty areas of Canada, namely mainly the prairies and parts of the north, the treaties, in theory, settle the issue. But, if the B.C. Indians succeed in obtaining superior entitlements, the treaty Indians will almost certainly agitate for “modern treaties” that include what the Haida received.

And the citizens of eastern Canada, who believe that their indigenous claims have been permanently settled long ago, are probably in for a rude shock. In “A New Look at Canadian Indian Policy” the late Gordon Gibson quotes a former senior bureaucrat in Indian Affairs who insisted on remaining anonymous. That source says bluntly that all of Canada will be at play if Canada does indeed become the “patchwork of tiny Bantustans” that journalist and visionary Jon Kay predicted in 2001, if we keep going down this “nation to nation” path.

In fact, it is quite possible that every one of the 600 or so indigenous communities in Canada will end up with at least as much “separateness” as the Haida obtained. Canada will be fundamentally transformed into a crazy quilt of mainly dependent reserves governed by tribal law. Surely the Fathers of Confederation didn’t work so hard to end up with such a backward, fractured Canada?

As we see this fundamental transformation taking place in B.C., and then heading eastward, I suspect that Canadians who do not want such a future for their country  will start to ask themselves how we arrived at this point. How can a nation be fundamentally transformed with no input from the citizens? Don’t the Canadian people have to be consulted, as we watch our country being transformed by judicial fiat and tribal law? Doesn’t a constitutional process have to be invoked, as happened in the failed Meech Lake or Charlottetown Accords?

Most Canadians believe that history has not been kind to indigenous people, and that indigenous have legitimate claims that need to be addressed. But most Canadians also believe that Canada is one country, in which everyone should be equal.

Canadians also firmly believe that Canada should not be divided into racial enclaves, where different sets of laws are applied to different racial or ethnic groups. In fact, most Canadians would probably support the sub-title of the late Gordon Gibson book cited above: “Respect the Collective – Support the Individual”. Canadians want to see indigenous people succeed, and they support indigenous people in their fierce determination to hold on to their indigenous identity and culture. But they want indigenous people to succeed as Canadians – not in a Canada that has been carved up into racial ghettos, like slices of a cheap pizza.

The Haida agreement is the first highly visible slice – a symbol of a semi-independent “nation” within Canada, that will be governed by rights of the collective tribal law – as opposed to the rights of the individual. That takes us back thousands of years. Before the Haida agreement inspires hundreds of other such racial mini-states within Canada, should Canadians not have a say in what our country is becoming?

Or will we continue to let unelected judges, and faceless bureaucrats, determine our fate?

Brian Giesbrecht, retired judge, is a Senior Fellow at the Frontier Centre for Public Policy

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Aristotle Foundation

Criminalizing residential school ‘denialism’ would silence indigenous voices, too

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Aristotle Foundation Home

By Mark Milke

The effort by MP Leah Gazan to criminalize residential school views she labels “denialist” is a mistake. Gazan’s Bill C-413, if passed, would criminalize any statement that might be interpreted as “condoning, denying, downplaying or justifying the Indian residential school system in Canada through statements communicated other than in private conversation.”

Let’s start with examples of whose speech Gazan’s bill would criminalize, if repeated in the future: indigenous Canadians who have publicly “condoned,” or at least partly justified, residential schools.

In 1998, Rita Galloway, a teacher who grew up on the Pelican Lake First Nation in Saskatchewan and then-president of the First Nations Accountability Coalition, was interviewed about residential schools. She noted that she had “many friends and relatives who attended residential schools,” and argued, “Of course there were good and bad elements, but overall, their experiences were positive.”

In 2008, the late Richard Wagamese, an Ojibwe author and journalist, wrote in the Calgary Herald about the many abuses that took place at residential schools. He then straightforwardly argued that positive stories needed to be told, too, including his mother’s.

After praising her neat, clean home and cultured lawn on a reserve outside Kenora, Ont., Wagamese noted how his 75-year-old mother “credits the residential school experience with teaching her domestic skills.” Critically, “My mother has never spoken to me of abuse or any catastrophic experience at the school.”

Wagamese argued the then-forthcoming Truth and Reconciliation Commission (TRC) “needs to hear those kinds of stories, too,” and that telling “the good along with the bad” will “create a more balanced future for all of us.”

That’s not because such schools were perfect — or even optimal. As has been extensively documented, physical and sexual abuses occurred in some schools, and that is something that no one should downplay.

But it’s too easy to forget the limited choices that existed for 19th- and early 20th-century Canadians. As we do today, most people back then believed in the value of universal education. Many Canadians, indigenous and non-indigenous, lived in poverty, had rudimentary transportation links, limited job opportunities and thus limited possibilities for day schools in remote areas, such as reserves.

Imagine the outcry today if earlier generations of parishioners, parents (including Indigenous parents) and politicians mostly ignored remote reserves and failed to provide indigenous communities with educational opportunities. The same voices today who accept no nuance on residential schools would likely excoriate that choice to deny education to Indigenous children.

The choices in the 19th and 20th centuries were not between perfection and its opposite; they represent a trade-off between suboptimal choices. Understanding this requires nuance, which is in short supply these days.

As an example, consider the perspective of Manitoba school trustee Paul Coffey, a Metis man who made a presentation to the Mountain View School Division board meeting in Dauphin, Man., about racism in April and was pilloried for it. His remarks included comments about residential schools. Coffey tried to argue that residential schools had good and bad aspects, but he was roundly criticized for his views.

In a July interview, Coffey again offered nuance about the schools, noting what much of the media missed in their initial firestorm coverage: “I said they were nice. I then also said they weren’t. I said treaties were nice and then they weren’t. I said even TRC is a good idea, until it isn’t.”

Criminalizing these stories and opinions would mean that these three indigenous voices, and many others, could face fines or jail time. This is precisely why speech, unless urging violence, should never be criminalized.

Another reason not to criminalize speech is because it makes it even more difficult to correct bad ideas and lingering injustices. An open society requires open discourse. It’s the only way errors can only be corrected. That disappears if one becomes subject to fines and imprisonment for thinking out loud, including when one is ultimately proved to be in error.

Gazan’s bill is the latest attempt by Canadian politicians to suppress views and conclusions with which they disagree. That suppression is illiberal and unhelpful. Mandating a single point of view damages the accumulation of knowledge that’s necessary for progress, prevents a useful dissection of why abuses occurred in residential schools and will prevent the open discrediting of wrongheaded positions.

No one person will be right every time. Open, public debate is critical to exposing errors and advancing human progress.

Mark Milke is the president of the Aristotle Foundation for Public Policy.

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Education

New Report Offers a Nuanced Perspective on Canada’s Indian Residential Schools

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From the Frontier Centre for Public Policy

Positive stories about Indian Residential Schools must also be heard

The Frontier Centre for Public Policy is pleased to announce the release of a thought-provoking new report titled Positive Stories of Indian Residential Schools Must Also be Heard by Hymie Rubenstein and James C. McCrae. This report challenges the dominant narrative surrounding Canada’s Indian Residential Schools, advocating for a more balanced and comprehensive understanding of their historical legacy.

In Positive Stories of Indian Residential Schools Must Also be Heard, Rubenstein and McCrae critically examine the current portrayal of the residential school system, which is often overwhelmingly negative. The authors argue that this narrative fails to acknowledge the positive experiences of many former students and the genuine intentions of those who worked within the system. While not dismissing the testimonies of abuse, the report emphasizes that these accounts do not represent the full spectrum of experiences at the schools.

The report highlights several stories of individuals who credit their time in residential schools with shaping their successful futures. For instance, Len Marchand, Canada’s first status Indian member of parliament and a federal cabinet minister, attended the Kamloops (BC) Indian Residential School and spoke highly of the education he received there. In his memoir, Breaking Trail, he noted that his time at the school inspired his desire to help his people through education.

Similarly, Tomson Highway, a celebrated Canadian playwright and composer, described his years at Guy Hill Indian Residential School in Manitoba as “nine of the best years of my life.” His parents chose to send him to the school, believing it would provide better opportunities for their children. The skills Highway acquired, including classical piano, were instrumental in his later achievements.

Reverend Canon Stan Cuthand, an Indigenous Anglican priest who served as a chaplain at several residential schools, also offers a positive perspective. He recalled that the schools were not “terrible places” and praised the efforts of staff who worked to protect and nurture the children, even integrating Indigenous culture into the curriculum.

As students return to classrooms this fall, the topic of residential schools has taken a central role in many curricula across the country. However, there is concern that some teachers focus solely on the “horrors” of these institutions or even frame Canada as a genocidal state, leaving little room for a balanced discussion. This report urges educators to offer a more nuanced view that includes both the positive and negative aspects of the residential school system. Stories like those of Tomson Highway and Len Marchand demonstrate that not every experience was one of trauma, and some students went on to achieve remarkable success as a result of their education.

The report also touches on the experiences of Lea Meadows, whose mother, Elsie McLaren Meadows, had a positive experience at the Brandon (Manitoba) Indian Residential School. Inspired by her time there, Elsie became a teacher and later worked in similar schools. Meadows argues that it is unjust to label all who worked at these schools as abusers, recognizing that many were dedicated to the well-being and education of the children.

Moreover, the report cites instances where Indigenous communities themselves supported the continuation of residential schools. For example, in 1970, Alberta’s Saddle Lake First Nation residents successfully protested the closure of Blue Quills School, taking control of the institution themselves. Similarly, in 1971, eight Saskatchewan bands advocated for the Marieval Indian Residential School to remain open, emphasizing its importance for children from challenging home environments.

Positive Stories of Indian Residential Schools Must Also be Heard is a timely and significant contribution to the ongoing debate about the legacy of the residential school system. It encourages Canadians to consider all perspectives in the pursuit of truth and reconciliation, acknowledging both the positive and negative aspects of this complex history.

Download the backgrounder here. (10 pages)

About the Authors:

  • Hymie Rubenstein is the editor of REAL Indigenous Report. A retired professor of anthropology, he served as a board member and taught for many years at St. Paul’s College, University of Manitoba, the only Roman Catholic higher education institution in Manitoba.
  • James C. McCrae is a former attorney general of Manitoba and Canadian citizenship judge.
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