Wednesday, November 14, 2018

Whose statutes should be thrown down?




Vincent J. Curtis

13 Nov 2018


A controversial part of the “reconciliation” between Canada and aboriginals, is the disgracing of what were once Canadian heroes.  Statues to Sir John A. Macdonald are being removed everywhere in Canada because he instituted the residential schools movement. Hector Langevin and even George Ryerson are being disgraced for their connection with residential schools.

So far, no one has focussed attention on Pierre Elliott Trudeau and Jean Chretien as bad actors also to be disgraced in this reconciliation process - and their sins are more personal than those of Macdonald, Langevin, or Ryerson.

Pierre Trudeau’s great project as Prime Minister of Canada was the patriation of the Canadian constitution and to have entrenched within it a Charter of Human Rights.  He accomplished this goal in 1982.  In the opening phases of this great project, Trudeau and his Minister of Indian Affairs Jean Chretien proposed abolishing Indian status, abolishing all Indian treaties, abolishing all Indian reserves, and abolishing the Indian Act.  All references to Indians would be wiped from Canadian law.  This policy proposal was put forward in a 1969 White Paper entitled, “Statement of the Government of Canada on Indian Policy.”

Why would a good, progressive Liberal propose abolishing Indian status?  To understand, you have to know the times and how they related to the aim of entrenching a charter of human rights in the constitution.  The 1950s and 1960s saw tremendous turmoil in the United States concerning civil rights.  These were the days of Brown v. Board of Education, of Rosa Parks, Martin Luther King, the Ku Klux Klan, the freedom riders, the Civil Rights Act, the Vietnam War and the assassinations of JFK, MLK, and RFK.  This turmoil was over the equal treatment in law and in fact of black and white Americans by civil authorities.  The justification for equal treatment was that blacks were as much a human beings and as American as any white American.

That all human beings are equally human and that justice requires the equal treatment of equals was the irrefutable logic of the Civil Rights movement.  In Canada, Indians (and I am going to use that term of law and custom) were regarded as a people apart.  Canada had a duty of care towards Indians, but from 1867 to 1950 Indians were not Canadian.  They were not British subjects.  The passage of the Citizenship Act granted Canadian Indians citizenship status, with all the rights and privileges thereof.  But they retained these other rights and privileges as Indians.

Pierre Trudeau, to create a charter of equal human rights, sought to eliminate this anomaly in Canadian law that was based on race -  to create only one class of persons in law whose rights could be specified without qualification.  There being only one class,  all within it were equal.  Pierre Trudeau believed that after a hundred years of exposure to western civilization and with the prospect of hundreds of years more exposure, Indian culture was done - changed irretrievably; racial purity was being lost, and assimilation was inevitable for the Indian race.

Negative reaction to the White Paper killed it, and aboriginal activism and aboriginal land claims began as a reaction against the White Paper.  This failure to abolish Indian status in law is why the Charter of 1982 has anomalous carve outs for aboriginal rights.

The sense of “First Nations” status among Indians is sincerely felt.  They accept Canadian citizenship as unavoidable and convenient, but Canada is not their “nation.”  The term and concept of nation is borrowed from western culture and is used to helps the western mind understand the distinction between Canadian and Indian.  Yes, Indian and Canadian are both humans, but that is irrelevant.  Indians are distinct from Canadians on the basis of race and origin.  Indians and Canadians belong to different nations and occupy different spaces, with some overlap forced on Indians by Canada.

In February, 2014, the Liberal Party “renounced with regret” the White Paper of 1969, but the issue of assimilation, of loss of culture and of racial purity - the definitive terms of what it means to be Indian - remains, and will plague indefinitely the Indians of Canada.

If reconciliation requires the condemnation of Canadian heroes, Trudeau and Chretien, for observing the obvious, seem to deserve it as much as Macdonald.
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Vincent J. Curtis is a Canadian free-lance writer.

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