THe Globe and Mail

"We Are Not Your Incompetent Children"

The Truth and Reconciliation Commission recommended that Canadians educate themselves about the history of aboriginal people in our Country. Alicia Elliot, a writer from the Six Nations Community located near Brantford, Ontario and author of a forthcoming book: A Mind Spread Out on the Ground, gives us a good starting place in “Finding a Way” published in the January 6, 2018 edition of The Globe and Mail. I lived and worked for many years among the Dene and Metis of the Northwest Territories yet this article caused me to realize that I have failed to fully understand how aboriginal people were left on the sideline as Canada unilaterally made decisions about land ownership, independence, and governance, decisions which had an enormous impact on their lives.

The author describes the frustration, weariness and mistrust among our indigenous population with the many changes to the bureaucracy dealing with aboriginal issues.  Changes have been cosmetic rather than substantive and have failed to alleviate underlying issues.  There are signs of progress:  Universities, school boards, CBC, The Globe and Mail, have invested in educating us.  The Federal Government has initiated many initiatives to right past wrongs, including the division of INAC (Indigenous and Northern Affairs Canada) in August 2017.  Yet despite its laudable goals, the replacement of INAC was imposed without consultation or involvement of aboriginal organizations. Once again there is denial and lack of consent.

Ms. Elliot compares the “consent and denial” of sexual exploitation highlighted in the “Me Too” movement to the history of indigenous people in our Country.   The author cites concrete examples of the Canadian Government overriding the rights of our 634 First Nations in Canada.  First Nations have been prevented from making meaningful changes in their communities, establishing self-determination, and forging their own futures. The article references land grabs, exploitation of natural resources, and imposition of colonial government.  But it is Elliot’s account of the Six Nations history which makes real for me the injustice of Canada’s actions, provides knowledge of a history I was never taught, and gives insight which renders the anger and frustration of our indigenous population understandable.

I congratulate Alicia Elliot for her article and The Globe and Mail for publishing it.  I recommend that this article be widely disseminated.  You may access it through the link given below.

https://www.theglobeandmail.com/opinion/indigenous-memo-to-canada-were-not-your-incompetent-children/article37511319/?click=sf_globe

 

Good Government/Impartial Justice

Canada’s founding principles are Peace, Order, and Good Government. These principles dictate that the administration of justice is not biased by political views, personal ambitions, or vested interests of individuals, corporations, or governments. The selection of judges then must be made through a process that includes:

 

  • independence from political  influence,
  • careful scrutiny by qualified persons,
  • balanced representation of civic, prosecutorial, and criminal defense branches of law.

A lengthy article by Sean Fine in the July 28 issue of The Globe and Mail examines the way in which the Conservative Government has “passed dozens of crime laws that reduced judges’ power to decide on a sentence”, and “has engaged in an effort unprecedented since 1982 when the Charter of Rights and Freedoms took effect: to appoint judges most likely to accept that loss of discretion”.  Mr. Fine’s article notes that the Conservative government has named about 600 of the 840 judges on provincial superior courts, appeal courts, the Federal Court, and Tax court. Critics have raised questions about the neutrality and fairness in the selection of judges because of the close association of judges and politicians in appointments. Categories of nominees are no longer balanced since prosecutors and business attorneys have been favoured while criminal defense lawyers have been left aside., Mr. Fine notes in his article that Mr. Harper has been a critic of the Charter of Rights and Freedoms and that early in his role of Prime Minister that “he wanted to choose judges who would support his crackdown on crime.”

In this blog I have simply quoted excerpts from the complete article by Sean Fine which can be accessed on line Stephen Harper’s Courts. This well researched article is food for thought as we consider what kind of country we want Canada to be, how we vote in October and how, as responsible citizens, we respond to actions of Government or proposed laws debated in Parliament. 

Pat McKeon CSJ