FELDSTED: The MMIWG Inquiry correctly identified colonialism as a root cause of indigenous tribal and family breakdown -- something that’s had a horrendous effect on indigenous peoples’ well-being -- but it failed to identify effects of the Indian Act
The
most glaring deficiencies which occurred during the Missing and Murdered
Indigenous Women and Girls Inquiry (MMIGW2S) is that it was biased,
confrontational, contradictory, controversial, misandrist, racist and sexist. I say this because
many, if not most of the ‘findings’ of the Commissioners, are applicable to
men, women and gays of all cultures, not just to indigenous girls and women.
Lack
of shelter (homelessness) and poverty are universal maladies of our society.
Lack
of safe shelters for battered women is universal; we don’t have adequate
facilities, particularly in remote areas.
Discrimination
against gays is universal; diminishing but still a problem.
Lack
of food (nutrition) is a result of poverty, not a separate problem.
Sadly,
the Inquiry correctly identified colonialism as a root cause of indigenous
tribal and family breakdown -- something which has had a horrendous effect on
indigenous peoples’ well-being -- but it failed to identify effects of the
Indian Act.
That
omission is unforgivable.
The
origin of the Indian Act was the Gradual Civilization Act passed by the British
parliament in 1857.
When
Canada became a nation in 1867, she inherited responsibility for all indigenous
people under the British North America Act of 1867. The Gradual Civilization
Act was modified, restyled as the Indian Act and passed by the Canadian
parliament in 1876.
Although
the Indian Act has been modified many times since 1876, the core elements have
remained for 162 years.
Adding
to the indigenous entanglements are 70 historic treaties dating from 1701 to
1923. It was not until 1973 that the Supreme Court of Canada recognized
indigenous treaty rights (Calder et al. v. Attorney-General
of British Columbia).
That
led to the first ‘modern treaty’, the James Bay and Northern Québec Agreement signed in 1975.
Since 1975, Canada has signed 25 additional treaties (called modern treaties or
comprehensive land claim agreements) with Indigenous groups in Canada. Some of
these treaties include self-government.
Our
approach to indigenous relations is unacceptably complex, convoluted and
piecemeal.
The
historic treaties have never been properly defined and so-called modern
treaties differ respecting self-government. Successive federal governments have
created an entangled mess of their duties to and responsibilities for
indigenous people.
Our
Prime Minister has remained true to form in accepting the Inquiry’s unfounded
submission that indigenous women and girls have been subjected to ongoing
genocide. He has thrown gasoline on a fire that has attracted unwarranted
attention and that may force our government to finally take action that is a
century overdue.
The
danger is that our government, irrespective of the outcome of the October
election will become embroiled in arguments over language, meaning, and
defending itself, instead of acting to correct a historic wrong. It is not
possible to buy our way out of this mess.
We
need leadership with the courage and determination to correct a historic wrong;
first replacing the Indian Act with an indigenous band self-governance model. Then, when that is in place, opening
negotiations to establish universal indigenous treaty rights. It is an arduous
journey long overdue.
There
are over 1.7 million indigenous people in Canada. Their problems will not
resolve themselves, and will become increasingly controversial. Desperate
people will resort to desperate measures.
John
Feldsted
Political
Consultant & Strategist
Winnipeg,
Manitoba
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