Caledonia

The Caledonia land barricade is in the front and centre nationally. After the Ipperwash crisis with the Ontario Provincial Police acting politically they have now backed down from enforcing a court injunction to evict the alleged occupiers to avoid an escalation of violence after yesterday’s dawn raid.

The Hamilton Spectator has some good coverage after the fact in today’s news.

I think the actions of the O.P.P were appropriate, which now allows the decisions of land claims to be put back into the proverbial courts of our wussy politicians.

Here is an example of the typical Canadian Waltz at it’s extreme quoted from The Spec:

"The federal government has said the dispute is a provincial issue. And yesterday Ontario Aboriginal Affairs Minister David Ramsay called on his federal counterpart Jim Prentice to appoint a personal envoy to take part in the talks with the Confederacy, which has been delegated to deal exclusively with land claims by Six Nations Chief David General and the elected band council"

There is no doubt that the protesters will loose the political battle because of their violent reactions that are well documented in the press.

But the worst political fall-out is towards both levels of government, in particular the federal government for ignoring these situations and which had also caused the problem with Ipperwash.

The eyes of the world are now falling directly on where they should be falling – on Ontario’s Aboriginal Affairs Minister David Ramsay and Federal Aboriginal Affairs Minister Jim Prentice. It's as if the door to the outhouse shitter has opened while these two share a stall and are caught dumping with their pants down around their ankles.

Now that the O.P.P has removed the back-drop and distraction of escalating violence - it now allows the rest of us to see where the problems actually lay - in the attitudes of indifference of our governments towards our aboriginal communities and unresolved land dispute claims.

This has to be resolved politically and legally – not by violence. If there is legal documentation that disproves the protestors then it needs to be brought to the fore –and if there isn't then Part II of the Charter in the Constitution Act of 1982 has to be upheld.

Here's what it says:

Section 35 (3) “For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired".

So if the problem that exists in Caledonia was a land claim that has been in contention since prior to the Constitution Act of 1982 it should be considered "in the process of acquiring"

Section 35.1 (b) also includes that representatives of aboriginal peoples will be invited by the Prime Minister of Canada to participate in discussions if there is a Constitutional conference to amend sections 91.24 or 25 of the Constitution Acts of 1867, 1982

Section 91. 24 of the 1867 Constitution Act states quite clearly that the Legislative Authority of the Parliament of Canada is responsible for “Indians, and Lands reserved for the Indians”. (The language isn’t great but that’s what it says)

Section 25 of the Charter says that the right under the Charter does not revoke or restrict any aboriginal treaty or other rights or freedoms that pertain to aboriginal peoples of Canada. Including those that were recognized by the Royal Proclamation of October 7, 1763* or “any rights or freedoms that exist by way of land claims agreements or may so be acquired”.

*Portion of the Royal Proclamation of October 7, 1763

And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them. or any of them, as their Hunting Grounds.--We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure. that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida. or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments. as described in their Commissions: as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.

And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid.

And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved. without our especial leave and Licence for that Purpose first obtained.

And. We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described. or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.

And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the great Prejudice of our Interests. and to the great Dissatisfaction of the said Indians: In order, therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do. with the Advice of our Privy Council strictly enjoin and require. that no private Person do presume to make any purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where, We have thought proper to allow Settlement: but that. if at any Time any of the Said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie: and in case they shall lie within the limits of any Proprietary Government. they shall be purchased only for the Use and in the name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose: And we do. by the Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever. provided that every Person who may incline to Trade with the said Indians do take out a Licence for carrying on such Trade from the Governor or Commander in Chief of any of our Colonies respectively where such Person shall reside. and also give Security to observe such Regulations as We shall at any Time think fit. by ourselves or by our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade:
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