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.
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