This is a follow up to the “should white people feel guilty thread”. In Canada, the whole issue of aboriginal rights and title is such a hodge podge and mess, I fear we will never be able to resolve it to the satisfaction of all parties. The 1st Nations people (aboriginals) want special rights in our constitution , one of which they presently enjoy which is considerable federal tax relief. Some 1st nations enjoy rights by treaty, others enjoy unsecured benefits under legislation. my view is that the federal government of Canada should negotiate a buy out (which they have done with one particular 1st nation)in order to extinguish all notion of aboriginal right. I’m afraid that any aboriginal right entrenched in the constitution will eventually be seen as ridiculous as the hereditary right of Lords was to sit in the upper house in Britain’s Parliament.
** Do you believe Canada should entrench aboriginal rights in its constitution ?**
I live right in the middle of the land claims going on in BC. Legally the Natives have rights to the land, that is indisputable, and settlements should be reached. BC, thanks to Governor Trutch ( A British apointee)never made any treaties like the rest of the country. One of the terms of Confederation when BC joined Canada was that they didn’t have to make treaties… not the smartest move in retrospect.
BUT… the constitution is supposed to ensure ALL citizens of Canada have the same rights (unless incarcerated, cant vote then), why should one group get special treatment? And won’t this just breed hatred by those who don’t get special treatment?
If anyone should be paying for the current debaucle, it should be Britain. They recognized the Natives’ rights to the land, but then didn’t make any treaties in BC.
Compensation, yes. Special rights, no way!
I think “special rights” is a loaded term, usually used by people who oppose whatever it is they’re speaking of. In the US, whatever seemingly “special” rights or “handouts” that Native American (American Indians) get are actually things they were offered in exchange for their land; what it amounts to is that these things are payments. Installment plan payments, if you will, as the land was taken long ago.
Is that the case in Canada? For example, if a tribe, nation, or band is exempt from taxes, is that exemption something they were promised in exchange for their land?
The United States went through an “extinguishment phase.” Basically, Congress (who governs the sovereignty of Indian tribes here) offered citizenship to the Indians, in return for the extinguishment of sovereign status. Other inducements, such as annuities, land-in-fee, and permanent guarantees for education and basic industry were offered. Once extinguishment was on paper, the guarantees were almost universally never delivered upon, except one: land-in-fee status.
Within years, Indians found they were in arrears for tax violations; their land was taken and sold (cheaply) to the arranged highest bidders (often railroads). Later, the Supreme Court decided that treaty law prevailed over unkept promises by Congress. Many tribes reconstituted and demanded remonstrance. The result was both tragic and triumphant, with robbed tribes finding themselves back on a government-to-government level with the United States, but with little or no land base from which to base their soveriegnty, and with valid legal claims which the dominant paradigm was unwilling to accept.
I was fairly recently fortunate to witness a meeting of a Canadian tribe in Victoria. Their sacred ground had been sold out from under them and is now a hotel, which I happened to be staying in. So the tribe held their traditional ceremony in the hotel. I think it underscores something very important: Indian nations do not particularly want to be part of your country or my own; they tolerate it out of pragmatism. But threaten any one tribe’s status as a unique nation, and you invite the same unhappiness that the Basques, the Chechens, the Kosovars, the Tibetans, or any other proud people have visited upon their oppressors. Let us accept their unique status, and be happy that they tolerate us.