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

PECKFORD -- Why can’t the rest of the people in Canada see the Agreement at the same time as the Wet’suwet’en people see the Agreement?


I don’t wish to bore my international readers but our internal situation here in Canada right now is in a state of flux on many fronts but especially Canada’s relationship with our First Nation peoples. So, I have to write on this since many in Canada are confused by what is happening.

It is getting more confusing by the day.

We now are told by our Prime Minister that the Canadian people will not see the newly minted agreement among the three entities -- Federal Government, BC Government on the one hand, and the Wet’suwet’en people on the other -- until the Wet’suwet’en people have had a chance to review it.

This seems strange to me.

Why can’t the rest of the people in Canada see the agreement at the same time as the Wet’suwet’en people see the Agreement?

Since 1982 the status of Aboriginal people as it relates to rights and title over land has been handled by the Supreme Court of Canada. That highest court has been interpreting the meaning of Section 35 of the Constitution Act of 1982. And various decisions have attempted to elaborate on rights and title since then.

One First Nation (the Tsilhquot people) has gained title through this process (2014) and elaboration on what title means is contained in that decision.

So, this new tentative Agreement between Canadian Governments and the Wet’suwet’en people is obviously outside this process.

Some one needs to clarify all of this for the Canadian People.

I am not a lawyer but I was a participant the 1982 Patriation of the Constitution as the First Minister of the Government of Newfoundland and Labrador. And I have been following the results of the adjudication of Section 35 ever since.

Questions:

Why cannot the rest of the Canadian people have access to the terms of the Agreement at the same time as the Wet’suwet’en people?

Where does this Agreement stand in relation to the Supreme Court of Canada’s decisions on rights and title with the Aboriginal people?

Doesn’t any Agreement have to be considered and passed or rejected or amended by the Parliament of Canada and the Legislative Assembly of British Columbia?


Isn’t any Agreement signed subject to litigation or reference to the Supreme Court of Canada to determine its constitutionality in light of Section 35 and its interpretation up to now by the Court?

Some might say: go and ask the Prime Minister of Canada or Premier of British Columbia or their Ministers.

I reply: I have tried to do this on other important issues and can never get an answer from the top people. It is always referred to some underling.

It seems top elected government people try to ensure their signature goes on the least amount of correspondence as possible.

Hence, one reason why I set up this blog.


In 1972, Brian Peckford was first elected, as a Progressive Conservative, to the Newfoundland Labrador House of Assembly -- he became Premier at the age of 36, holding the leadership of his party and government from 1979 to 1989.

Since leaving politics, early in 1989, Peckford has conducted public inquires for the governments of British Columbia and Canada, has served on numerous Boards including the CBC, and has been active in public affairs. 

Since 1993, he and his wife Carol have made British Columbia their home; they now live in Parksville, on Vancouver Island. He blogs at Peckford 42.

Comments

Popular posts from this blog

'Very good news' that Supreme Court will hear B.C. mineral claims case, Eby says

The BC government needs clarity from the Supreme Court of Canada on a landmark mineral rights claim, Premier David Eby says. But the lawyer representing the challenger says that they would have preferred the province respect the lower court's decision. Eby said Thursday it is very good news that the court will hear its appeal of a ruling that found the United Nations Declaration on the Rights of Indigenous Peoples and the provincial mineral claims regime are "inconsistent." The BC Court of Appeal ruled in December that the provincial Declaration on the Rights of Indigenous Peoples Act, or DRIPA, should be "properly interpreted" to incorporate the UN declaration into the laws of B.C. with immediate legal effect. That ruling set off the appeal from the province amid concerns that it could cause economic uncertainty ... CLICK HERE for the full story 

EBY OFFSIDE WITH NATIONAL INTEREST AS CARNEY AND SMITH BUILD BC'S ECONOMIC FUTURE WITHOUT HIM ~~ BC Conservatives

IMAGE CREDIT :  CBC News   Prime Minister Mark Carney and Alberta Premier Danielle Smith announced a landmark agreement today committing Ottawa to designate a new pipeline to BC's west coast as a project of national interest by October 1, 2026, with construction approval targeted for September 1, 2027. The deal pairs the pipeline with a new industrial carbon pricing framework and a fall 2027 construction start. British Columbia, the province where the pipeline ends, where the jobs would land, and where the export terminal would be built, was nowhere at the table. "This is a nation-building deal, and the BC NDP have been locked out of the room," said Trevor Halford, Interim Leader of the Official Opposition.  "While the Prime Minister and the Premier of Alberta were doing the hard work of growing the Canadian economy, the NDP is on the sidelines calling this pipeline a 'fiction' and an 'energy vampire.'  He chose petulance over partnership, and now BC ...

Kamloops - North Thompson BC Conservative MLA Ward Stamer speaks to Bill 20 — K’ómoks Treaty Act

The following is a condensed version of Kamloops – North Thompson MLA Ward Stamer’s remarks, to the BC Legislature, on the afternoon of Tuesday May 19th : I rise today to continue remarks on Bill 20, the K’ómoks treaty, and to address what I believe are some of the most important constitutional, democratic and governance concerns facing this Legislature today. At the centre of this debate are two major issues. First, unresolved overlapping territorial boundaries tied to this treaty process. And second, the growing legal and political consequences arising from the provincial government’s implementation of the Declaration of Rights of Indigenous Peoples Act, more commonly known as DRIPA. Much of the government’s defence on DRIPA rests upon references to the United Nations declaration on the rights of Indigenous Peoples, commonly known as UNDRIP. And this is where we must begin having a more honest and mature conversation in this province. UNDRIP was never originally designed to function ...

Labels

Show more