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JUSTICE, EQUALITY AND DEMOCRATIC PROCESS How proud traditions are traded away Elizabeth James - September 2007 FORGOTTEN in the mists of time are the minutiae of a myriad of handshake deals that modern-day aboriginal Canadians claim led to the loss of their territories and culture. So, too, one hundred years hence, hidden in some legislative crypt, will be the shame of a vote that, in July of 2007, traded away what remained of the proud heritage of the Tsawwassen people for an illusory promise of economic gain. More to the point is that it is past time for all Canadians to ask the question: Is justice served when governments attempt to right a centuries-old wrong by committing another? Monumental shifts in the course of Man are not always marked by world wars or natural disasters; such are only milestones along the way. Rather, for good or ill, history happens one imperceptible grain of sand at a time. A century or more ago, the combined value of peaceful agreements, between those who landed on the shores of North America, and the hundreds of warring aboriginal tribes they met, can be found in verbal and recorded accounts of the trading of alcohol, tools and muskets, for tobacco, trinkets and lands. Hindsight does not explain why aboriginal brothers continued to feud, instead of standing together against those who purported to come in peace. Whatever the reason, ancestors of today's First Nations peoples withdrew from their lands in trade for baubles that faded before the dawn of new generations. That their choice was a bad business deal for aboriginals is not in dispute. What is far less certain is the degree to which today's multi-cultural population of Canada should be held legally or morally responsible for centuries-old events over which they had no control. Most Canadians are a fair-minded lot; they agree it is long past time for treaty issues to be settled. They also know it is to everyone's advantage to improve the health, education, and social status of First Nations citizens. But, being fair-minded, and remembering the mantra that all Canadians are equal, they beg society's indulgence when they ask, "If the decades and billions of taxpayer dollars already paid to aboriginal councils have done so little to achieve those goals, what guarantee do we have that giving those same councils still more millions - this time accompanied by hundreds of acres out of the Agricultural Land Reserve* and equal power at the GVRD table - will fare any better?" (see Footnote #1) If it were only non-aboriginal Canadians asking the question, one might assume sour grapes. But that is not so. In both the Nisga'a and Tsawwassen votes, many band members themselves voted against the deals. Were it even the case that the July vote signalled closure to our country's reparation for Tsawwassen Canadians, perhaps a reluctant acceptance of the inevitable would be appropriate. That is not so either. Once again, we must accept that, while all Canadians are said to be equal, it is obvious some are more equal than others. Should anyone doubt that, consider these questions: -
You see, that's the trouble with fair-minded people, they expect fair to cut both ways. Nevertheless, to Chief Kim Baird: Our message is one of congratulations and good wishes; today is your people's day. But the message carries also a word of caution: As so many of your ancestors learned too late, you should beware the Trojan horse; those who come bearing gifts are not always as they seem. And that is never truer than when the gifts have been bought with the money and toil of others - or when they are given in trade for a port expansion. -30- Footnotes: #1 - The Agricultural Land Reserve was created by provincial legislation on April 18th, 1973. Intended to protect fertile lands, it was a contract between the government of the day and all British Columbians. Readers who are not familiar with the history and purpose of this legislation can read more information at: http://www.alc.gov.bc.ca/alr/fppa.htm and at: http://66.51.172.116/AboutUs/Issues/AgriculturalLandReserveALR/tabid/111/Default.aspx #2 - This article was written before it became known that InTransitBC and the Province who, on the basis of not wanting to create precedent, have refused to compensate Cambie Street owners whose businesses are being being destroyed, nevertheless intend to provide reparation to the Musqueam to settle their claims that they have lost fishing opportunities due to Canada Line construction. #3 - At the time of writing, this story is ongoing. The latest news is that, not satisfied with sitting by as a provincial project cuts this farm in two, Council of the City of Pitt Meadows is proposing to cut another large chunk away from what is left of this privately-owned and worked farm. In a television interview, the Mayor of the City stated, "What we have to realize is that this is a beautiful area, people want to come here to live." To which Lady Justice surely would ask, “Does that justify destroying a farm that this man's family built and have worked on for over thirty years?' Elizabeth James North Vancouver BC |
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