Elections 2008 - Aboriginal justice

Written - September 28, 2008

Aboriginal relations and ‘issues’ have been virtually non-existent during this election, not that they were prominent in past ones. However, their exclusion from this campaign reinforces the notion that the residential schools apology from the Canadian government was a token one and not genuine. Published in 1996, the Royal Commission on Aboriginal Peoples ‘found’ that self-government and sovereignty would be the most beneficial policy for Aboriginal communities. However, a look at the platforms finds that the dominant parties aren’t listening to past expertise.

The Liberals and Conservatives, who adopt nationalist policies, do not want to see Aboriginal peoples achieve sovereignty, because of fears that Quebec would then have political grounds to do that same. However, Quebec was a willing participant in confederation, Aboriginal peoples were not. Sovereignty for Aboriginal communities would restore the nation-to-nation relationship under which treaties were presented. Nevertheless, the federal government (whether Conservative or Liberal) has not wanted sovereignty, as it would challenge the context of ongoing land disputes. If Aboriginal peoples achieved sovereignty in Canada, they would be able to appeal to the international community when dealing with land claims.

In Canada, there are about 800 ongoing land claims, many of which have been caught in bureaucracy for decades. To all parties credit, a bill was passed that will try to expedite the process through tribunal review panels. However, the legislation proposed by Harper has been criticized for excluding the largest settlements and thus continuing to stall them indefinitely. Also, past governments have failed to pay for claims that were considered valid.

Moreover, Harper and cronies may have alternative motivations for getting land claims settled quickly. In Alberta, disputes launched by the Beaver Lake Cree may halt the development of tar sands, obviously a priority project for the Conservatives. An expedited settlement process would benefit industry in this and other cases, so it is difficult to see whom this legislation was designed to help. Let’s keep in mind that as Harper was ‘apologizing,’ one of his backbenchers was on the radio saying that survivors needed to ‘get over it.’

Without a dedicated commitment to resolving the injustices of the past, land claims and strained relationships will continue to haunt Canadian and Aboriginal relationships. Canadians need to recognize that the wealth of the country has been made at the expense of Aboriginal peoples. In an election focused on economy, one would hope such a thought would be discussed.