Natives don't need charter

Page 4

Guest Column

In the report To The Source, released by the Assembly of First Nations, there was a recommendation to now allow the charter to override aboriginal law. This has caused a flurry of protest from women's groups, civil libertarians and others. Several national print columnists have also subscribed to the view that Native leaders are off-side with this request.

During the current round of constitutional discussions, Federal Utility Minister Joe Clark insisted that the charter apply to aboriginal inherent self-government.

Should the Charter of Rights and Freedoms apply to aboriginal communities? The initial response would be yes, of course. After all, the Charter is a piece of legislation that embodies all the liberal humanitarian ideals of a free and democratic society. That being true, then aboriginal leaders should embrace the charter rather than reject the values it represents.

Is it that the aboriginal leaders are not prepared to accept these freedoms for their own people? That assumption is incorrect and reflects an enthnocentric view that only mainstream Canadian society is tolerant of the individual.

I believe that aboriginal communities, because their survival was based on co-operation rather than competition, are more tolerant of individual rights. If the charter is made a condition for aboriginal self-government, it may undermine available jurisdictional limits for an unencumbered aboriginal self-government.

So why the protest? Is it that the charger opponents for applicability to Indian reserves believe there would be a torrent of human rights abuses right at the front door step? That belief is rife with paternalism and based on racism.

However, there are some specific charter concerns for First Nations people if the charter is to have standing over aboriginal law. For example, during Indian celebrations or ceremonies, vehicles entering reserves are searched for alcohol or drugs by the sponsoring committee or tribal police. Apply the charter and someone may argue unreasonable search and seizure.

And what will be the effect on the Indian Act. As outmoded as it is, it still has some real protections in place for Indians.

I say let's not change the situation with the courts., the charter and aboriginal law. The charter should not have been introduced as part of the negotiation process. As it stands now, any constitutional change relating to Native people must be done with Native consultation.