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