Skip to main content

“I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.” ~~ John G. Diefenbaker

FELDSTED -- the Delgamuukw decision did not address indigenous governance, sovereignty, or any of the issues respecting indigenous self-governance -- those issues remain unresolved

Our government’s approach to negotiations with hereditary chiefs is perplexing, unorthodox and unclear; it also appears our government has capitulated to the demands of Hereditary Chiefs.

The 1997 Supreme Court Delgamuukw decision, (File No. 23799) does not appear to be a landmark decision in any way shape or form. The Delgamuukw decision did not provide indigenous people or hereditary chiefs with unfettered ownership of claimed lands.

The decision held that hereditary title was not absolute, and could be overridden to allow for projects in the best interests of non-indigenous people.     

Supreme Court of Canada
The decision did not set out the extent of claimed lands; that still must be negotiated. Claims are still outstanding.

The Delgamuukw decision did not provide hereditary chiefs with ownership of claimed lands; it held that indigenous land ownership was held by the community, not by chiefs.

Indigenous people cannot enjoy land ownership rights that surpasses the rights of non-indigenous land owners. When we are faced with public works projects including natural resources developments, roads and highways, power transmission lines, telephone and cable lines, transmission towers and a host of other works, our property rights can be overridden by expropriation or easements with commensurate compensation.

The BC tentative agreement cannot be allowed to change to course of common law land ownership precedents.


Finally, the Delgamuukw decision did not address indigenous governance, sovereignty, or any of the issues respecting indigenous self-governance. Those issues remain unresolved. 

The Supreme Court of Canada held that such issues would require a separate trial.

Negotiating with hereditary chiefs under this backdrop is very high risk. Our Prime Minister’s pleas for patience are nonsense.

The government has not shared the substance of the alleged agreements with us, so we have nothing to be patient about.

This government has made no effort to ensure that road and rail disruptions won’t start up again tomorrow, or on any subsequent day. We are left vulnerable without excuse.

This government has to go; it is failing to maintain order and peace.

John Feldsted
Political Commentator, Consultant & Strategist
Winnipeg, Manitoba



Comments

Popular posts from this blog

FORSETH -- Given the noted infractions of this agreement with OneBC leader Dallas Brodie, I request the Party immediate suspend the leadership campaign of Yuri Fulmer

I have personally emailed the following to the Board and Administration of the Conservative Party of BC:   TODAY (03/30) Yuri Fulmer, a candidate for the leadership of the Conservative Party of BC, made a pact with ONEBC leader Dallas Broldie, that if he is elected will commit the Conservative Party to the following. Specifically, the pact states : This Memorandum of Understanding outlines the definitive electoral and governing alliance that will be executed upon Yuri Fulmer’s election as Leader of the Conservative Party of British Columbia OneBC Party commits to not nominating or authorizing candidates in 88 of British Columbia’s 93 electoral districts. In exchange, the Conservative Party of BC, under the leadership of Yuri Fulmer, commits to not nominating or authorizing candidates in five (5) specific electoral districts . OneBC will be the sole standard-bearer for the right in those five districts. The specific ridings will be determined through mutual negotiation and fin...

Delays to the replacement of the Red Bridge? Kamloops North Thompson MLA Ward Stamer says they are, “Totally Unacceptable.”

I think it’s totally unacceptable that on one hand the Ministry of Transportation and Transit (MoTT) is saying they’re going to be responsible for putting together multiple replacement options with public engagement, and then in the same breath they're saying, ‘Oh, and by the way, we're going to start our geotechnical environmental and archaeological site assessments on both sides of the river, possibly beginning this summer.’ According to Stamer, that should already have been done. “Obviously, we're pretty sure it will be in the same location because there's really no other place to put it. So, if you're going to put in a bridge, you think that at least you'd be doing the archaeological assessments first off”, stated Stamer.   “If it's determined it has to be a free-span bridge, and it can't have anything or very minimal impact in the riverbed, they should already be determining that. It would help in the design, wouldn't it?” Stamer indicated...

Your government has a gambling problem (Troy Media)

Provinces call it “revenue,” but it looks a lot like exploitation of the marginalized The odds of winning Lotto Max are about 1 in 33 million. You’re statistically more likely to be struck by lightning than to win it. But your government is betting that statistics won’t hold you back; they’re counting on it. Across Canada, provincial governments not only regulate gambling, they also maintain a monopoly on lottery and gaming by owning and operating the entire legal market. That means every scratch card is government-issued, gambling odds are government-set, casino ads are government-funded and lottery billboards are government-paid. And these are not incidental government activities. They generate significant revenues that governments have powerful incentives to expand, not constrain. It would be one thing for our governments to encourage us to engage in healthy activities. We can quibble about whether the government should be trying to convince us to be more active or eat more vegetabl...

Labels

Show more