Feds in violation of obligations

Page 5

Dear Editor:

re: The First Nations governance act (Bill C-7).

The Dominion of Canada could not have been created without the peaceful co-existence agreement that was entered into on Aug. 3, 1871 between the signatories of the seven Treaty 1 nations and the British Crown on a "nation to nation" basis.

In no way shape or form did the Treaty 1 people give up their sovereignty, inherent right to self-government or title to any of the traditional territory as identified by the Treaty 1 peoples themselves. When both nations entered into the perpetually binding treaty, the British Crown was not granted the right to interfere with the self-governance of the Treaty 1 nations. The Treaty 1 nations had at the signing of the treaty (and still retain) the powers of self-governance and absolute jurisdiction over their traditional territory. These powers were strengthened and enhanced rather than diminished by the treaty.

Treaty 1 did allow for immigration and settlement, but only for peaceful co-existence and limited agricultural activities as understood by the Treaty 1 nations.

The Crown in Right of Canada is in political, legal and moral violation of its obligations pursuant to Treaty 1 by attempting to unilaterally impose dictatorial legislation that effectively makes the Crown the absolute authority over all issues regarding Treaty 1 peoples.

Since 1982, Canada has been a country of constitutional supremacy and not parliamentary supremacy. Parliament must obey the Canadian Constitution and Supreme Court decisions. No law of Canada is valid if it contravenes or unjustly infringes on the treaty and Aboriginal rights of First Nation peoples as recognized and affirmed in s.35 of the Constitution Act, 1982.

Legislation that is now being proposed that will forensically govern the Treaty 1 nations and directly infringe upon their treaty and Aboriginal rights is morally offensive and legally unsustainable. The proposed legislation, including any and all amendments, would not prevent any negative impacts, therefore must be repealed immediately and permanently.

The only viable option for Canada to take is to enter into a treaty implementation process with the full partnership and participation of the Treaty 1 nations. This treaty implementation act must be constitutionally-protected and recognized by the country as a whole. A joint process of this nature would eventually resolve the past, present and future issues of both the Treaty 1 nations and the Crown in Right of Canada. Only then will there be true psychological, fiscal and physical peaceful co-existence between the First Nations and the Euro-Canadians that share Turtle Island.

Gerald McIvor

Sandy Bay First Nation