Ottawa Must Defend Treaty Rights Record

[Mowich]

Ottawa must defend human rights record regarding B.C. treaty

Hul'qumi'num Treaty Group is intent on using to the decision by the Inter-American Commission on Human Rights to alter the future of treaty-making in B.C.

Justine Hunter
Victoria — From Monday's Globe and Mail Published on Sunday, Jan. 03, 2010 11:15PM EST Last updated on Sunday, Jan. 03, 2010 11:21PM EST

A Vancouver Island native group has won a ruling that will force the Canadian government to defend its domestic human rights record at an international tribunal later this year.

The Inter-American Commission on Human Rights has approved the Hul'qumi'num Treaty Group's petition to hear the case against Canada. The native group contends that their human rights were violated by the privatization of their traditional territory – roughly 300,000 hectares of land on the east coast of Vancouver Island that was taken in the 1800s and converted to private property.

The IACHR, an autonomous body of the Organization of American States, has found the B.C. treaty process has demonstrated it is not an effective mechanism to protect the alleged aboriginal victims' rights.
Robert Morales, chief negotiator for the treaty group, is intent on using to the case to alter the future of treaty-making in B.C., where most of the land base – and future development – is still subject to aboriginal land claims.

“Instead of land claims, I think we need to change the dialogue to human rights,” he said in an interview.

Mr. Morales is well-positioned to change that dialogue. He's part of a working group of B.C. chiefs with the task of moving the moribund treaty process forward.

The B.C. government has pushed for treaty settlements as a means to end the uncertainty that has hampered investment. Because unsettled land claims hang over most of the province, development such as mining is frequently held up in litigation.

The treaty task force was set up last summer, after the failure of the provincial government's attempt to create a sweeping law to recognize aboriginal title.

The ambitious Recognition and Reconciliation Act was abandoned in the face of criticism from both industry and native communities, and now native leaders are developing a strategy to move forward.

The chiefs' task force is due to come back with a proposal in March, and the Hul'qumi'num's approach could provide the chiefs with a new road map, said Mr. Morales, who represents more than 6,000 aboriginal people on Vancouver Island and the Gulf Islands.

“We need to find a way to have Canada and B.C. recognize the aboriginal treaty rights of first nations in B.C.,” he said. “Canadians pride themselves on their human rights record, but they don't associate the huge disparity between people living on reserves and people living off reserves as a question of human rights.”

Although the province is pressing ahead with individual treaties, there is no broad agenda to settle the land question.

George Abbott, B.C.'s aboriginal relations minister, said there is progress on the treaty front, noting there are several native bands that are expected to vote on proposed treaties this year.

“I'm pretty optimistic we are going to make some progress in 2010 on aboriginal issues,” he said in an interview. But the province is focusing on deals with bands where there is an appetite for settlement.
The Hul'qumi'num ancestral lands, which were converted to railway lands, are now privately owned by forest companies. That means B.C. and Canada won't even discuss most of the land the tribes' claim as their traditional territories because it is no longer Crown land.

The Inter-American Commission on Human Rights found Canadian courts “do not seem to provide any reasonable expectations of success, because Canadian jurisprudence has not obligated the state to set boundaries, demarcate and record title deeds to lands of indigenous peoples.”
Both Canada and the treaty group have been given several months to prepare for the hearing, which is expected to proceed in the fall. Chuck Strahl, federal Indian Affairs Minister, could not be reached for comment yesterday.

It is rare for the international tribunal to take on a Canadian native rights issue. Mike Mitchell of the Akwesasne reserve near Cornwall, Ont., asked the commission to uphold native rights to transport cigarettes and alcohol across the border. The commission ruled against Mr. Mitchell.

 

[justinmb]

I think while they are at that tribunal they should look at how some of the chiefs are treating their own people. I grew up in NW Ontario around many reserves and now live in Winnipeg and I see a lot of chiefs living the so called high life while the rest live in poverty I am not saying Canada is perfect but it seems like the pot calling the kettle black.

 

[Mowich]

I think while they are at that tribunal they should look at how some of the chiefs are treating their own people. I grew up in NW Ontario around many reserves and now live in Winnipeg and I see a lot of chiefs living the so called high life while the rest live in poverty I am not saying Canada is perfect but it seems like the pot calling the kettle black.

Good point, justinmb. I have read many articles and watched several documentaries over the years that detailed how some chiefs and their families were living the life of riley while other natives were living in sub-standard housing barely able to put food on the table and had no power to change things.

However, I have also learned that many other chiefs are working hard for the people they govern and are investing time and money in businesses which provide jobs for their people. These are not the stories we see in the media, unfortuantely.

 

[justinmb]

That is Also a good point there are those out there that are trying to legitimately invoke change.
I guess my point was that before one points a finger or throws the proverbial stone they should look at them selves in a mirror and for all I know the BC natives do not have the same problems as some here but then maybe they should all get together across Canada as a whole and try to set some basic standards of how they are governed.

And yes I am aware that there are differnt tribes and they do not see themselves as one people but the thing that makes the human race what we are is we can change and adapt to new enviroments

 

[Cliffy]

We seem to forget that we have imposed a system of governance on the aboriginal peoples that mirrors our own, and we all know how susceptible to corruption that is. These people did well governing themselves for thousands of years, where women and elders were respected and their voices heard. The imposed system was set up so the government could manipulate or control the outcome of elections and sought to find those within the groups who could be corrupted by our standards of values.

Thus, when I encountered the chief of the Westside Okanagan band, he was trying to hide the fact that he drove a Mercedes and wore a Rolex while trying to get more land for "his" people because he and his predecessors had least off all of their reserve to big corporations for commercial use. This is the kind of behaviour that we as a society look at as progressive and laudable because we do not recognize the value of their traditional ways.

If there is corruption in the native band system it is because we promoted it.

 

[justinmb]

We probably did but I seem to remember the natives also saying that no one can own the land but they seem to put a lot of effort in trying to get more.
Lets face it no one is right the natives will never go back living the way they did hundred of years ago just like we wont they use western tech with no problem and enjoy other white invented stuff so things have changed we must all change together and find a middle ground

 

[Mowich]

Finding a middle ground is just what is called for, justin.

Those who chose to live off the land, and some do, will continue to do so same as some of us palefaces. Living close to the land and/or off the grid does not prevent one from using the technology of today to better their lives. You can run a lap top off a solar panel these days and still go hunting with a bow and arrow.

 

[justinmb]

you certainly can I hunt, log and enjoy the out doors in many ways and of course use a computer but it would be nice for once if the natives would acknowledge that although our ancestors did some bad things there has been some positives as well their life has been made more convenient just like ours through our tech.

They forget our ancestors did not live much different than theirs we hunted with bows lived in huts this is all part of a human evolution that took place over the entire world and since we all came from Africa no mater where in the world we ended up we just moved on earlier the argument of who was there first is weak because even in Europe the borders and land ownership has changed a thousand times it does not make it right but it is part of human and societal evolution.

It is not as simple as give the land back if that were then we would take all our infrastructure and modern tech with us and leave them with their tepee's and horses of course I am being facetious and we all know that it is neither an option or a benefit to any of us so we end up at the beginning of who is right and who is wrong and who owns what, and where is the middle ground. I personally do not know but hope there are those smarter than myself that will figure it out in our life time because the arguing helps none and the last recourse could be the same as in the middle east which I do not think anyone wants including myself.

 

[bobnoorduyn]

It is not as simple as give the land back if that were then we would take all our infrastructure and modern tech with us and leave them with their tepee's and horses

It might be just a moot point, but there were no horses here until the Spanish started bringing them over.

 

[bobnoorduyn]

If there is corruption in the native band system it is because we promoted it.

You must have heard the saying about power corrupting? Humans are, well, human, we are all succeptible to it. It has been proven over millennia by all societies and races. We don't really know what life was like before the arrival of Europeans because few, if any native tribes had a written language to record history or anything else that can be accurately deciphered now without a lot of conjecture.

 

[justinmb]

good point about the horses my bad

 

[dumpthemonarchy]

Too many aboriginals are living in poverty and while their leadership may be doing all they can to help the poorest of their tribe, lives are being wasted. This is news because it is our taxes going down the drain. Aboriginals get about $10,000 per head per year.

Do you ever hear of aboriginal leaders talking about giving this money directly to "their people" so their terrible situations can be quickly and dramatically improved? This would mean aboriginals would make their own decisions about their own lives. They are adults, they can decide what they want to do now.

Some might call this supporting white collar crime in Canada with our tax dollars.