The real threat is C-51 [editorial]

It’s very hard to disregard the very high level opposition to Bill C-51, the anti-terrorism legislation proposed by the federal government, but we fear that’s the plan of this Harper Conservative government.

In March, the Canadian Bar Association said the vague and broadly worded language of the legislation would limit freedoms and liberties, while not improving Canadian’s safety at all, which is, at least, the publicly-stated reason for bill.

Legitimate activities around public dissent could be caught up by the bill, the association said. And that’s perhaps the private motivation of the Harper government’s push to ram the bill through. That’s what First Nations leaders are saying, anyway.

"We believe this bill is less about Jihadists under every bed … and more about increasing the output of the Tar Sands, and
facilitating the heavy oil pipeline proposals across the country, and will serve to severely undermine the constitutional and human rights of Indigenous peoples," said Grand Chief Stewart Phillip, president of the Union of BC Indian Chiefs.  He was providing comment to the House of Commons Standing
Committee on Public Safety and National Security.

“The Union of BC Indian Chiefs believes the sweeping scope of Bill C-51 directly violates the ability of all Indigenous
peoples to exercise, assert and defend their constitutionally protected and judicially-recognized Indigenous title and rights to their respective territories,” reads a press release sent out by the organization.
“It is absolutely appalling that as Indigenous peoples protecting our territories we may be faced with the many insidious, provocative and heavy-handed powers that are granted by this omnibus Bill C-51. The Harper government has dramatically changed internal government practices, policymaking structures and decision-making processes to serve an explicit natural resources development agenda. We have witnessed the gutting of environmental legislation, clamp-down of scientific analysis and comprehensive surveillance programs of Indigenous and environmental opposition,” Phillip said.

He reminds us that not too long ago he was arrested at Burnaby Mountain as he protested the Kinder Morgan and Enbridge pipelines. It was an act of civil disobedience that could, under Bill C-51, have him branded a terrorist, he said.

In his testimony to the standing committee, he said there is no doubt in his mind that the real reason for Bill C-51 is to coerce and intimidate Indigenous peoples from defending and protecting their hard-fought international rights expressed in the UN Declaration on the Rights of Indigenous Peoples, the section 35 rights of the Canadian Constitution, and the battles won through legal challenge up to the Supreme Court of Canada.

“This bill will criminalize pretty much everything that has brought us to this point in our history, in terms of being able to assert our rights, and ensure that our rights are fully protected.”

He said a lot of First Nations history would have been lost if the legislation would have been introduced 40 years ago.

He testified that the Supreme Court decision in the Tsilhqot’in case repudiates the notion of Terra Nullius ("land belonging to no one"), the doctrine of discovery, and rules that Indigenous jurisdictional interests are territory wide in scope. That puts First Nations on a “collision course” with major resource development projects, which are the “heart and soul of the Harper government.”

Phillip said Bill C-51 targets threats to the economic stability of the country and therefore casts a shadow over the notion of what represents terrorism in the legislation. And that’s not good for Indigenous peoples under C-51.

Assembly of First Nations National Chief Perry Bellegarde wants the legislation pulled completely, and has vowed to launch a constitutional challenge. He said there has been no consultation with first people’s on the legislation.

“We believe in safety and security, but the federal government’s rush to ram this legislation through is undemocratic and it violates our individual and collective rights. First Nations will vigorously oppose any legislation that does not respect and protect our rights.”

Green Party Leader Elizabeth May has been a strong opponent of the Bill. She said the language in the bill is so broad that it could apply to anything, “and certainly would cover those opposing pipelines and tankers,” she wrote in an op-ed for the Saanich News.

“The propaganda section does not require knowing you are spreading propaganda, and "terrorist propaganda" itself has a definition so broad as to include a visual representation (a Che Guevera poster?) promoting a new concept called "terrorism in general." Experts are now referring to this as "thought chill," she wrote.

What about those beautiful Idle No More posters that were so effective during the movement? Will our artists now be labelled terrorists under C-51?

This is a dangerous road we’re traveling on. We must all stand against this bill disguised as a security measure to protect Canadians. The target isn’t on those who would threaten our security. The target is, in fact, on our own backs.

Windspeaker