Canada Kicks Ass
Stanley trial is going to end badly no matter the finding

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Zipperfish @ Wed Feb 14, 2018 2:45 pm

Tricks Tricks:
And what happens if they block projects because they can, with no real rhyme or reason? I don't know if it would happen, but we both know many of the reserves are run by exceedingly corrupt people. I don't think it's too much of a leap that some (certainly not all) would block stuff either because they can and they want to stick it to the man, or because they want to be paid off. Would there be a proper system in place on the FN side to ensure this doesn't happen?


The courts have ruled on this. The federal and BC governments have acknowledged it, and Canada is signatory to the UN Declaration of the Rights of Indigenous Peoples which reinforces this. There's no treaty so the common law, primarily British common law out here, prevails--indigenous peoples have rights based on customary tenure.

My view is based on law, regardless of what a given First Nation may or may not do. Really, the biggest fear people seem to have is that they will treat "settlers" as badly as they were treated by settlers, which is kind of ironic.

I've worked with First Nations here and with other governments. I've seen a lot of corruption in both to be honest. Most of the folks I work with aren't very interested in cutting off their nose to spite their face.

And there has been a lot of talk of "taking responsibility" regarding First Nations. Well, maybe we need to give responsibility--or rather "rightfully cede" responsibility--if we expect First Nations to take responsibility.

At the very least it has the virtue of never having been tried.

   



PluggyRug @ Wed Feb 14, 2018 2:52 pm

Full transcript of judges instruction to the jury.

It's a long read but it will open some eyes.

http://nationalpost.com/news/canada/ful ... rors-shoes

   



Tricks @ Wed Feb 14, 2018 3:50 pm

Zipperfish Zipperfish:
Tricks Tricks:
And what happens if they block projects because they can, with no real rhyme or reason? I don't know if it would happen, but we both know many of the reserves are run by exceedingly corrupt people. I don't think it's too much of a leap that some (certainly not all) would block stuff either because they can and they want to stick it to the man, or because they want to be paid off. Would there be a proper system in place on the FN side to ensure this doesn't happen?


The courts have ruled on this. The federal and BC governments have acknowledged it, and Canada is signatory to the UN Declaration of the Rights of Indigenous Peoples which reinforces this. There's no treaty so the common law, primarily British common law out here, prevails--indigenous peoples have rights based on customary tenure.

My view is based on law, regardless of what a given First Nation may or may not do. Really, the biggest fear people seem to have is that they will treat "settlers" as badly as they were treated by settlers, which is kind of ironic.

I've worked with First Nations here and with other governments. I've seen a lot of corruption in both to be honest. Most of the folks I work with aren't very interested in cutting off their nose to spite their face.

And there has been a lot of talk of "taking responsibility" regarding First Nations. Well, maybe we need to give responsibility--or rather "rightfully cede" responsibility--if we expect First Nations to take responsibility.

At the very least it has the virtue of never having been tried.
I'll admit I know nothing of the UN declaration, so I'll have to read up on it, and if I've got time I'll get back to you.

   



Coach85 @ Wed Feb 14, 2018 4:39 pm

Zipperfish Zipperfish:
Tricks Tricks:
Zip I don't disagree that the Government should take responsibility for what has occurred in the past. How would they go about making it right, in your view?


I can't speak for Saskatchewan, but in BC--where the gov't and courts are on record that the residents here are on unceded land (there were very few treaties in BC, none in the Lower Mainland around Vancouver).


So I work on developing agreements with local First Nations on a shared governance models. Not just notification, not just consultation, but actual shared governance. You want to build a grain terminal? Well that's, say, Musqueam traditional territory. You need your approvals from the province and the feds, maybe a municipality or regional district. But you also need approval from the Musqueam. Prior, informed consent. There may be royalties, taxes or fees involved, as there are for other levels of government. If they say no, you don't have a project.

The Tsleil Waututh harvested shellfish in Vancouver Harbour for thousands of years, but that fishery has been closed for many years. Too many contaminants from industrial activity and sewage in the harbor. They have a vision of using shellfish as an economic driver for their community. Again, through a shared governance model, let's move towards that. It means they get a say in local development to help them realize their vision of a sustainable economy, not just prov and federal governments.


Then the idea of a reserve becomes moot. You don't have 5 square km where you are essentially wards of the state. You have a large tradiational territory that you know more about than anybody else and a big say in what goes on there.

That is my vision and passion, anyway. Not "mine" as in I thought of it--this is the direction the NDN movement has been working towards. I share it.

It's not a solution. There is no solution. It's a better way to live together, because the reality is that neither white folks and Indians are going anywhere.


If that was all implemented, how will that help our FN communities? How does that address all of the problems that plague these communities?

Be specific.

   



Zipperfish @ Wed Feb 14, 2018 4:59 pm

Some context for this trial as well. For the aboriginal folks in Saskatchewan, they probably remember a 12-year old native girl getting plied with alcohol and sexually assaulted by three white men. Eight years of court cases later and one of the men gets house arrest. And the folks there remember Carney Nerland to. He liked to wear swastikas. Was the local leader of the KKK. Hated Indians. Shot a Cree man in the back. Claimed he didn't know the rifle was loaded and it was an accident. Added that "if I am convicted of killing that Indian, they should give me a medal and you should pin it on me." Nice guy. The Court thought so too. He did two years.

   



Coach85 @ Wed Feb 14, 2018 5:06 pm

Zipperfish Zipperfish:
Some context for this trial as well. For the aboriginal folks in Saskatchewan, they probably remember a 12-year old native girl getting plied with alcohol and sexually assaulted by three white men. Eight years of court cases later and one of the men gets house arrest. And the folks there remember Carney Nerland to. He liked to wear swastikas. Was the local leader of the KKK. Hated Indians. Shot a Cree man in the back. Claimed he didn't know the rifle was loaded and it was an accident. Added that "if I am convicted of killing that Indian, they should give me a medal and you should pin it on me." Nice guy. The Court thought so too. He did two years.


Zero context or relation to this particular trial.

   



Freakinoldguy @ Wed Feb 14, 2018 5:09 pm

Tricks Tricks:
Zipperfish Zipperfish:
Tricks Tricks:
Zip I don't disagree that the Government should take responsibility for what has occurred in the past. How would they go about making it right, in your view?


I can't speak for Saskatchewan, but in BC--where the gov't and courts are on record that the residents here are on unceded land (there were very few treaties in BC, none in the Lower Mainland around Vancouver).


So I work on developing agreements with local First Nations on a shared governance models. Not just notification, not just consultation, but actual shared governance. You want to build a grain terminal? Well that's, say, Musqueam traditional territory. You need your approvals from the province and the feds, maybe a municipality or regional district. But you also need approval from the Musqueam. Prior, informed consent. There may be royalties, taxes or fees involved, as there are for other levels of government. If they say no, you don't have a project.

The Tsleil Waututh harvested shellfish in Vancouver Harbour for thousands of years, but that fishery has been closed for many years. Too many contaminants from industrial activity and sewage in the harbor. They have a vision of using shellfish as an economic driver for their community. Again, through a shared governance model, let's move towards that. It means they get a say in local development to help them realize their vision of a sustainable economy, not just prov and federal governments.


Then the idea of a reserve becomes moot. You don't have 5 square km where you are essentially wards of the state. You have a large tradiational territory that you know more about than anybody else and a big say in what goes on there.

That is my vision and passion, anyway.

It's not a solution. There is no solution. It's a better way to live together, because the reality is that neither white folks and Indians are going anywhere.

And what happens if they block projects because they can, with no real rhyme or reason? I don't know if it would happen, but we both know many of the reserves are run by exceedingly corrupt people. I don't think it's too much of a leap that some (certainly not all) would block stuff either because they can and they want to stick it to the man, or because they want to be paid off. Would there be a proper system in place on the FN side to ensure this doesn't happen?


They, like any other Canadian can't legally block projects deemed to be "in the interest of Canada" and despite the fallacies being espoused around the country by certain groups, the SCoC ruled that the Natives had to be consulted with prior to these projects proceeding but, nowhere did they say Natives had the right to legally block any of them.
From the Indian Act 2017


$1:
Lands Taken for Public Purposes
Marginal note:Taking of lands by local authorities
35 (1) Where by an Act of Parliament or a provincial legislature Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands in a reserve or any interest therein.

Marginal note:Procedure
(2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using of lands in a reserve under subsection (1) are governed by the statute by which the powers are conferred.

Marginal note:Grant in lieu of compulsory taking
(3) Whenever the Governor in Council has consented to the exercise by a province, a municipal or local authority or a corporation of the powers referred to in subsection (1), the Governor in Council may, in lieu of the province, authority or corporation taking or using the lands without the consent of the owner, authorize a transfer or grant of the lands to the province, authority or corporation, subject to any terms that may be prescribed by the Governor in Council.

Marginal note:Payment
(4) Any amount that is agreed on or awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or grant of land pursuant to this section shall be paid to the Receiver General for the use and benefit of the band or for the use and benefit of any Indian who is entitled to compensation or payment as a result of the exercise of the powers referred to in subsection (1).

R.S., c. I-6, s. 35.


http://laws-lois.justice.gc.ca/eng/acts/i-5/

So, if they block pipelines, roads or any other project deemed to be in the interest of Canada they're breaking the law and are subject to the same regulations a non native would be even if it's on their own reserve.

   



JaredMilne @ Wed Feb 14, 2018 5:59 pm

Okay, I'll try to keep this short:

-The deck is heavily stacked against Indigenous people whether they stay on their reserves or come to the cities. Their own communities are critically underfunded and heavily managed by Ottawa bureaucrats, who have also put many of them under third party management. If they had more of a land base and capacity built up, it's likely that it would be a lot easier not just for Indigenous people and communities to deal with their issues, but also contribute positively to the economy...the way they do when they spend a lot of their money in nearby communities where they shop.

-Zipperfish talking about blame doesn't mean that you or I are to blame directly. But Canada's prosperity, which we've all benefited from to some extent has come from developing the lands we have made our homes-without living up to the commitments we made with the Treaty signings. Those Treaties, and the rights tied up with them, are part of the Canadian Constitution as recognized by the courts. Actually respecting those rights would go a long way towards resolving these problems-and there are many writings, such as the Penner Report and the Royal Commission on Aboriginal People, that describe how we could do it.

-From everything I've seen after almost 20 years of studying this stuff, there's maybe been one or two Indigenous people I've seen who want all the whites to go back to Europe. The rest are idiot white or black radicals. "Settlers" is just a way to distinguish people who aren't Indigenous from Indigenous people themselves-and that includes black, Asian and Hispanic people as much as it does whites.

-The whole reason things are so shitty is specifically because we forcibly tried to assimilate Indigenous people and make them give up their identities. That's what's led to all the poverty and dysfunction, and while we've officially abandoned that policy we haven't been able or willing to consider alternate solutions. Instead, we continue to insist Indigenous people should abandon their identities and distinct place in Canada. And even when they come to the cities, as we tell them to, life isn't necessarily any better.

The reserve communities are all the Indigenous people have left that marks their distinct place in these lands. They never agreed to be assimilated and become just like the rest of us without any distinct part of who they are-and telling them to do that is like telling them to skin themselves alive. Many of them actually don't object to the idea of being Canadian-but they also have a need to be Anishinaabe, Blackfoot, Iroquois, Tlingit, etc. at the same time.

   



Thanos @ Wed Feb 14, 2018 6:05 pm

For what it's worth apparently the thrust of Trudeau's new endeavour is to devolve more power to the reserve leadership, which will just be another absolute disaster considering how many of the reserves are controlled by chiefs and band councils that are outright criminals who keep the money and other goodies for themselves and their friends and let anyone outside their inner circle live in misery. So all in all it's just another cycle of repetition of the old bad ideas that have been the biggest contributors to the endless catastrophe.

This country is never going to get any smarter, is it? :?

   



Jabberwalker @ Wed Feb 14, 2018 6:25 pm

Thanos Thanos:
For what it's worth apparently the thrust of Trudeau's new endeavour is to devolve more power to the reserve leadership, which will just be another absolute disaster considering how many of the reserves are controlled by chiefs and band councils that are outright criminals who keep the money and other goodies for themselves and their friends and let anyone outside their inner circle live in misery. So all in all it's just another cycle of repetition of the old bad ideas that have been the biggest contributors to the endless catastrophe.

This country is never going to get any smarter, is it? :?

It's like entrusting Imams do find the "right" sort of justice in Canada by letting them apply Sharia law instead of our criminal code.

   



Coach85 @ Wed Feb 14, 2018 6:28 pm

JaredMilne JaredMilne:

-The whole reason things are so shitty is specifically because we forcibly tried to assimilate Indigenous people and make them give up their identities. That's what's led to all the poverty and dysfunction, and while we've officially abandoned that policy we haven't been able or willing to consider alternate solutions. Instead, we continue to insist Indigenous people should abandon their identities and distinct place in Canada. And even when they come to the cities, as we tell them to, life isn't necessarily any better.


We, as in Canadians, have been willing to consider alternate solutions. Our First Nations are often the ones who balk at any change, especially as it pertains to the Indian Act.

JaredMilne JaredMilne:
The reserve communities are all the Indigenous people have left that marks their distinct place in these lands. They never agreed to be assimilated and become just like the rest of us without any distinct part of who they are-and telling them to do that is like telling them to skin themselves alive. Many of them actually don't object to the idea of being Canadian-but they also have a need to be Anishinaabe, Blackfoot, Iroquois, Tlingit, etc. at the same time.


That may be true for a majority of the senior members of the reserves. However, for the majority of the younger age group, this isn't an issue for them. It's all about the drugs, money, girls, booze, etc.

To suggest the actions of a 20 something kid is due to his outrage over unsettled land claims or trauma from the thought of losing their identity is somewhat laughable.

   



Strutz @ Wed Feb 14, 2018 6:54 pm

Jabberwalker Jabberwalker:
It's like entrusting Imams do find the "right" sort of justice in Canada by letting them apply Sharia law instead of our criminal code.

That is one horrifying thought there Jabberwalker.

   



Jabberwalker @ Wed Feb 14, 2018 6:59 pm

Strutz Strutz:
Jabberwalker Jabberwalker:
It's like entrusting Imams do find the "right" sort of justice in Canada by letting them apply Sharia law instead of our criminal code.

That is one horrifying thought there Jabberwalker.

Hey. It's only fair. There'll be a lobby up there on the Hill asking for the very thing next week (if there isn't one, already).

   



Thanos @ Wed Feb 14, 2018 7:10 pm

$1:
This mulcting (defrauding) of the white man and white man's government is an extremely negative policy. Current Indian leaders are not prepared to tell the Indian people to get an education and to pull their share of the load in Canada. Where is the dignity of the Indian people that they were so proud of?...If so they should get rid of every dictator in their ranks; they should dispose of every racist (referring to the Indian racists who were fighting integration) and make sure they muzzle them so that bitterness and hatred will not further spread. Too often Indians spend their time criticizing and blaming the white man for their problems. Is it not possible that they themselves are responsible for the creation and perpetuation of these problems?

William Wuttunee, Ruffled Feathers: Indians in Canadian Society, 1971, page 11.


William Wuttunee was a member of the Red Pheasant Nation in Saskatchewan. He was inundated with death threats from his own community for writing this book.

http://calgaryherald.com/news/local-new ... g-activist

$1:
n 1971, Wuttunee’s book Ruffled Feathers: Indians in Canadian Society, did indeed cause problems: for a time, he was banned from no less than 13 reserves. “He was a big thinker, he was ahead of his time,” says Wanda Wuttunee, his eldest child and a professor of Native Studies at the University of Manitoba. “He always saw the bigger picture and he took the long view.”

Her sister agrees. “He wasn’t afraid to speak up,” says Nola Wuttunee, a former anchor at the Aboriginal People’s Television Network. “My father was a warrior in the truest sense of the word.”


More on Wuttunee here, and his belief that enforcing racial separation, was the worst thing that Canada could have possibly done, which makes it even more mind-boggling that the Trudeau government is going to go even further down this path that's already proven to be such a colossal failure:

http://www.nodifference.ca/essay/chap2

http://www.nodifference.ca/

   



Zipperfish @ Wed Feb 14, 2018 8:37 pm

Freakinoldguy Freakinoldguy:
They, like any other Canadian can't legally block projects deemed to be "in the interest of Canada" and despite the fallacies being espoused around the country by certain groups, the SCoC ruled that the Natives had to be consulted with prior to these projects proceeding but, nowhere did they say Natives had the right to legally block any of them.
From the Indian Act 2017


Wrong-o. Neither the Indian Act nor reserves have fuck all to do with it. Section 35 of the Constitution applies. The Constitution is the supreme law of Canada ultra vires of the Indian Act.

Also, Article 32(2) of the UN Declaration of the Rights of INdigenous Peoples, to which Canada is signatory:

$1:
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources

   



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