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Foreword to the May 2007 Senate report
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Oka, Ipperwash, Caledonia.
Blockades, masked warriors, police snipers.
Why?
Canada’s failure to address and resolve the legitimate claims
of First Nations.
Imagine your new neighbour comes into your backyard and fences off half of it. Then he sells it to someone down the street. This new neighbour tells you he got a good deal but he won’t say how much he got. Then, he says that he’ll take care of the cash – on your behalf, of course.
Maybe he even spends a little on himself.
You complain. He denies he did anything wrong.
What would you do?
Go to the proper authorities? Turns out that the authorities and their agencies work for him.
Sue him? He tells you that none of the lawyers can work for you – he’s got every one in town working for him. When he finally lets a lawyer work for you – it turns out that he can afford five of them for every one you can afford.
Finally he says: Okay, I’m willing to discuss it. But first
you have to prove I did something wrong. Oh, and I get to be the
judge of whether you’ve proved it. And, if you do prove it,
I get to set the rules about how we’ll negotiate. I’ll
decide when we’ve reached a deal and I’ll even get to
determine how I’ll pay the settlement out to you. Oh, and
I hope you’re in no
rush because this is going to take about twenty or thirty years
to settle.
Sounds crazy?
Welcome to the world of Indian Specific Claims. Specific Claims arose when Canada and its agents failed to live up to Canada’s responsibilities in connection with First Nations’ lands, monies and assets. In some cases Canada didn’t give them the land they were promised in the treaties. In some cases, they got the land only to have it taken away again – in a way that violated Canada’s own rules. In other cases, federal employees actually stole Indian land, money or other assets.
Until the 1950s, First Nations were prohibited by law from hiring lawyers to pursue these claims – many of which date back 70, 100 or 200 years. Since then impoverished Indian communities have had to fight the federal government in court or else persuade it to acknowledge the claim and negotiate a settlement. Currently, everything is done on Canada’s terms and the government is both defendant and judge.
With few resources allocated to find solutions, it can often take twenty or more years from the time a First Nation comes forward with a claim to finally reaching a settlement. Despite the amazing hurdles, almost 300 claims have been settled. In every case where they have been settled, it has meant an immediate improvement in the lives of First Nations people. It has also strengthened relations between Canada and those First Nations and between those First Nations and the communities that surround them. Settling outstanding claims is not only the just thing to do, it is the smart thing.
Close to 900 claims sit in the backlog. Things are getting worse
rather than better. First Nations have been patient – incredibly
patient – but their patience is wearing thin. This report
proposes a series of actions the government can take immediately
to improve the process and demonstrate to First Nations that Canada
is serious about living up to its lawful
obligations. It also proposes some longer term measures that will
resolve this issue once and for all. No-one expects Specific Claims
to be cleared up over night. But we have to start and we have to
start now.
The choice is clear.
Justice, respect, honour.
Oka, Ipperwash, Caledonia.
Canada is a great nation in the world but Canada will only achieve true greatness when it has fulfilled its legal obligations to First Nations.
Gerry St. Germain, P.C. Chair
Nick G. Sibbeston, Deputy Chair
Full report:
http://www.kairoscanada.org/e/aboriginal/fnga/negotiationConfrontationSenateReport0612.pdf
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