U.N. URGED TO KEEP EYE ON FIRST NATIONS CONDITIONS IN CANADA
By Pat Paul [Tobique]
The fate of first nations could possibly move dramatically within reasonable future as a result of the United Nations [UN] intervention in the Six Nations and Lubicon disputes.
At a UN conference in May, 2006 held in Geneva, delegates from Lubicon and Six Nations were allowed space and time to state their issues and concerns about Canada’s slowness to react regarding their respective confrontational situations.
In the larger case of deliberate delay, the Lubicon Cree have now spent more than a half century, since 1939, fighting with Ottawa [Indian Affairs] to gain recognition and rights as First Nations which, if recognized, would ultimately give them the same latitude, rights, benefits and privileges enjoyed by other First Nations across the country.
Lubicon land claim consists of more than 30,000 hectares, to which the band demands legal and rightful ownership under their nation’s control. Over the years the lands in question have been designated as Crown Lands subject to federal laws, sanctions and jurisdictions that technically overrule Lubicon input.
In 2003 UN advised Canada to begin recognizing and granting full rights and recognition to Lubicon as a legitimate First Nation. This advise fell on deaf ears however.
In the current Lubicon approach, which runs in sync with the Six Nations issue in Ontario, Canada may very well need to take deliberate steps to deal with both issues simultaneously [1] to stem the political controversy, and [2] to show fair treatment is being extended to both aboriginal nations.
Six Nations confrontation is a much shorter incident by comparison, but the stakes may be as great, if not greater than Lubicon because of the high visibility this case has generated around the world in its short duration Essentially every nation has taken notice of the heavy-handed police tactics used against Six Nations and, quite likely, Canada’s image as a recognized peacekeeper could be tarnished.
In the Six Nations dispute, natives have taken it on the chin a couple of times by their white neighbors, but internationally, the native cause has been generally supported and perceived as natives trying to defend their sovereign territory.
In fact, the land arrangements reached a century ago between Six Nations and Canada are seen as the central issue in the Six Nations dispute in which Canada and the province are alleged to have disregarded aboriginal title and rightful ownership.
Illegal Takeover and Occupation of Canada
It is a fact that the land mass of Canada covers 10 million square miles from coast to coast which at one time was inhabited entirely by native people. From documented evidence Native people have never ceded, sold, surrendered or wholeheartedly given up the land, outright, to any foreign agent, state, nation or individual since the European arrival in 1492. Neither has the land been legally or legitimately conquered, signed away, lost or conceded through a nation-to-nation war or conflict. There has never been a declared war between whites and aboriginal peoples in Canada whereby the victor could legally and rightfully assume sovereign rights and ownership over aboriginal lands and peoples. Aboriginal Title is based on Natural and Inherent Rights that universally entitles the original land users and First Inhabitants the primacy of a land and territory.
Canada - a Stolen Land
The land in fact was underhandedly stolen from various native groups across the country, piece by piece, through contrived fraud, force, manipulation, deceit, exploitation and pre-arranged or ‘doctored’ treaties. By the very fact that natives were incapable of reading, writing, speaking or understanding foreign languages, [not to mention interpreting legal jargon,] at the time of the arranged treaties, all documents should by right, have been declared or rendered illegal, null and void, fraudulent and non-representative. In the legal world a contractual agreement or arrangement has to have at least two competent sides to negotiate and execute a legal, valid contract. A question arises in the propriety, procedure and legitimacy when the Native/White treaties were formalized. Are they beyond question?
As a result of these ‘questionably legal’ treaty documents written by alien or foreign agents and/or agencies of the government, native people were automatically unprepared or completely out-maneuvered by the language used, and also victimized in every detail by the unscrupulous acts, deeds and highly technical language of the ‘contracts’ that were pre-arranged by select ‘agents’ of the Crown or society.
In many ways this shameful past of Canada remains unchallenged to this day. We as first nations cannot afford to let this low period of our history become our nemeses forever to affect our future and solidarity. One day these glaring misdeeds on our nations must be reckoned with ultimately.
Reserves Created
In the takeover process, native people were reduced, neutralized and physically set apart from the rest of the Canadian society to live in poverty, isolation and depravation on remote communities called Indian Reserves. The reserves were deliberately scattered randomly across barren and infertile bad-lands of the country to remain that way to this day.
Appeal to the United Nations
In their search for independence, Six Nations, Lubicon and other First Nations across Canada hereby urge United Nations to officially intervene and maintain timely vigil over Canada’s relations with Native People from this day forward.
This would mean that Canada, by her membership to United Nations, would need to respect, honor and uphold legal obligations invoked by the Crown to and for native people, guaranteeing fair treatment, and assuring that legal responsibilities be succinctly adhered to, in her managing or expediting any contract or formal interaction with First Nations.
If outside [UN] intervention is denied, Native people as a whole will too be denied.