Five years ago I wrote about a speech from former Governor General Adrienne Clarkson who pointed out that all Canadians are treaty people.
Now more than ever I want to underscore that fact. Idle No More is drawing attention to the fact that Canada has been founded on a relationship, a relationship that has been set out many times in treaties. Treaty rights are so foundational to the existence of this country that they are enshrined and protected in the Constitution of Canada.
A lot of recent rhetoric from settler Canadians in the last few months has focused on the benefits that flow to First Nations as a result of treaties. But we haven’t had the conversation about the benefits that flow the other way.
Under Canadian law, Aboriginal title exists in places where there are no treaties. This is the case for most of British Columbia, although no First Nation has yet made the case under Canadian Law that they hold title. But the concept is simple and it is clear. Without the consent to enter into a different kind of relationship between First Nations and Canada, Aboriginal title exists. Where Aboriginal title is proven to exist, it has massive implications for Crown land ownership.
Over the past few hundred years, the Crown and later the Crown in right of Canada acted upon the Royal Proclamation of 1763 and pushed its claims further westward making treaties as it went to cement and clarify the relationship with First Nations. This process continues today in BC. In effect this meant that, in exchange for a few benefits flowing to First Nations, the Crown gained control of lands and resources such that it was able to issue title, permits and licenses for use of land. If you own land privately or you lease it or you have a permit to operate on Crown land or you extract resources from the land, you are a treaty beneficiary. You are a treaty person.
Some of the most ridculous opposition to treaty rights comes from people who believe that First Nations should not receive special benefits or have their treaty rights enshrined in the Constitution. This is the same Constitution, by the way, that guarantees the freedom for people to make ridiculous speeches about First Nations. Most who opposed to treaty rights would have a fit if their free speech rights were taken away, but the rights have exactly the same weight in Canadian law: the are protected in the Constitution.
Opposition that is littering comments sections around the web essentially comes down to this: we should tear up the treaties and just have indigenous people assimilate into Canadian society. But this is a ridiculous position. If we tear up treaties, then the contracts are broken and the ownership of the land reverts to First Nations.
If people want to restart the relationship, fine. I’m sure that First Nations will be more than happy to return the billions of dollars of benefits for the trillions of dollars of land value. Then we can start negotiations again. What would you pay now for the right to own private land, or the right to earn a living extracting resources? Trust me, setller governments got the bargain of the millenium. Never has so much been given away for so little, the billions that flow to First Nations every year are a small portion of the trillions that are earned off of formerly Aboriginal-owned lands..
Every Canadian is a treaty person. Every Canadian benefits from treaties made with First Nations, and every Canadian has responsibilities under those treaties as well. First Nations have rights and under treaty have responsibilities too. Idle No More is simply about respecting that we have a relationship and that we all have to live up to it. It is very difficult to do so when huge numbers of your “partners” don’t even acknowledge that they have made a bargain that benefits them.
So allies, make this point to your friends and those who don’t understand the relationship. Ask them where they think the right to own land comes from? It comes from treaties. If they don’t believe you, point them to the Delgamuukw court ruling which says that Aboriginal title cannot be single handedly extinguished by the Crown. It’s simple. When you realize how much you have gained through the power of a longstanding and honourable relationship, you should be thankful. If you still resent the benefits and rights that First Nations enjoy under this relationship, then offer back your land and your ability to make a living and feed yourself and keep your hard earned tax dollars. You cannot be a Canadian without inheriting the legacy of treaty makers. You cannot have the benefits without the responsibilities. This country would never have existed without these agreements and that is why they are protected.
Such a small price to pay for such a huge benefit. Why not celebrate and honour the agreements that make Canada possible?
Just beautiful weather here the last week. We have been living under a high pressure system that is forcing some wonderful meterological phenomena. Notably, the high pressure traps cold air near the sea and creates an inversion, meaning that the moisture can’t escape and form clouds, so it lingers at sea level forming think banks of fog that fill the Strait of Greorgia and Parts of Howe Sound.
Last night the fog bansk were as thick as they can get and all night long we were treated to the soothing symphony of dozens of different fog horns sounding out in the dark. the Point Atkinson lighthouse, which is miles away at the entrance to English Bay has a classic two tone deep “eeeee-ooooo” and the whistles and horns from moving ships in the night answered the call.
This morning in the bright sunshine on Bowen, the fog did it’s best to fill the Sound, but we somehow escaped the cool, and we are being treated to an incredible display of light and blue sky and grey fog flowing in from the Strait. There is something to be said about how bright the sun is when it rises out of the fog and reflects off the tops of what previously obscured it.
Yesterday, the kids and I went skiing at Cypress and the view from Mount Strachan shows the way the fog coats the city and eases part way into Howe Sound. It made for beautiful views, and a gorgeous sunset.
All week we’ve been treated to sunrises like this. Red sky and pink sea. Warm and stormless January continues.
Finn playing with the ice on a frozen Killarney Lake. We have had cool temperatures and no wind or rain the last week or so and our lakes have frozen over. Folks have been skating on Josephine Lake as well.
Just in from an hour SUPping around Mannion Bay and Miller’s Landing. It is sunny and warm today – 5 degrees C – and there is not a breath of wind out. The water is so calm there isn’t even any swell in the Queen Charlotte Channel. Everything is flat and calm and quiet, like a long sigh.
I started out from Pebbly Beach and rounded the north point. Headed out towards Miller’s Landing for 20 minutes, and then sat on my board, bobbing on the sea. Out in the channel, a seal was splashing. No sign of the huge pod of hundreds of dolphins that had been spotted earlier this week of Cowan Point. Utter calm. Utter, utter calm.
It could have been a summer evening on the water except that there were no boats around. I had the whole of Howe Sound to myself.
Coming up from the beach I ran into Norma Dallas who owns the Bowen island Marina and we talked about what it feels like to be out on the water all alone on days like this. We agreed that the words to describe it are “humility” and “gratitude.” That we are alive to experience this is simply a gift. To have snow capped mountains and a calm ocean to hold me, is an incredible thing. To feel my smallness in all of that timeless beauty is a fine teaching.