In this Introduction Grand Chief Ronald Derrickson talks about the desire to not only position where we have come from, and where we are now, but how to move forward. He positions this book in a way that demonstrates that reconciliation cannot happen without interrogating the very structures of colonialism. Derrickson provides an overview of their relationship and partnership including advocating and fighting for Indigenous land rights, creating Indigenous logging licenses when they were not being given support from the government, creation of an Indigenous Network on Trade and Economies that wrote briefs accepted by the World Trade Organization and North American Free Trade Agreement, and other topics outlined in the book Unsettling Canada: A National Wake Up Call. He concludes this introduction stating that the continued violation and violence extended to Indigenous peoples cannot be solved using the tools of the geopolitical state. He also calls on Indigenous peoples within what is now called Canada to work together.
Manuel uses this chapter to talk about the disconnect between the rhetoric and public openness to discuss reconciliation with the increasing speed of Indigenous land rights being ignored. This is framed with the Truth and Reconciliation Commissions work, the 94 Calls to Action, and the election of Justin Trudeau in 2015. Manuel outlines the sense of hope that occurred with Trudeau's declaration and cabinet appointments being focused on rebuilding the relationship between Canada and Indigenous Peoples. This is used to set the stage for the discussion Manuel presents on how quickly things moved without time for reflection. He discusses Indigenous leaders being taken to Paris for climate talks, (re)signing of the Kyoto accord, and a commitment to only 1.5 % rate of temperature increases as part of these climate commitments. However, what occurred, or rather did not occur was any structure, framework, or intentionality around enacting these commitments.
The renewed interest in the Assembly of First Nations, described by Manuel as a government funded lobby group, and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as an aspiration document all demonstrated things to be suspicious of in terms of actual action. The UNDRIP document is then described in highlighting some overarching points, including:
However, as quickly as they adopted it Canada and the Liberal government argued that it was impossible to implement into law, and that a "Canadian" definition of UNDRIP would be developed. Manuel ends the chapter saying that for reconciliation to happen it must go through truth.
Manuel starts this chapter condemning the idea that Canadian politicians can simply apologize for its colonial history; instead he calls for “recognition and restitution” of “fundamental [Indigenous] rights –- our land rights and the inalienable right to self-determination.”
Manuel uses this chapter to introduce a brief history of European colonialism, with Pope Nicholas V granting the authority for European Christian states to steal land and enslave people. Manuel goes on to summarize the violent occupation of North America by European states, including the capricious partnering of these states with Indigenous peoples during the fur trade. He then ends with an introduction to the British North America Act as the founding document that legalized genocide against Indigenous peoples, which he expands on in the next chapter of the book.
This chapter begins with a discussion of the G20 meeting in 2009 when then Prime Minster Stephan Harper described Canada as having no history of colonialism, and Manuel points out that most people in Canada would agree with this. He describes Canada's history of denial, as a nation state founded in White Supremacy starting with its founding document the British North America Act. Manuel focuses on Section 91 which gave control over land and peoples and subsection 24 where "Indians and land reserves for Indians" which is what enables the vanquishing and oppression of Indigenous Peoples in what is now called Canada.
Manuel then provides evidence of Canada's racism and history of White Supremacy that has extended in the modern context through the longevity and maintenance of the Indian Act. He describes British Columbia as an apartheid state, with its first act in 1872 where Indigenous Peoples were forbidden from voting, as an intentional act because they outnumbered non-Indigenous people.
This chapter focuses on Manuels' reflections on how Indigenous people's were first dispossessed of their lands and then grew to be dependent on the federal government to provide financial relief through welfare. Manuel outlines how by cutting off access to the land, forced onto reserves, and not allowed to sell produce through laws it enabled and developed poverty amongst Indigenous people's which was essential for domination. This is then connected to the use of welfare to further remove connections to the land, and be reliant on the reserve system. This was then used to further pass laws forbidding traditional practices such as hunting and fishing to be conducted. All of which happens on a tiny portion of the land in what is now called Canada.
Manuel describes oppression as the final element in the triad of colonialism, along with dispossession and dependency as described in the last chapter. He describes how land defenders are constantly met with police force, despite Aboriginal title being recognized in the Canadian Constitution Act, 1982. He concludes by outlining how colonialism has been condemned by the United Nations because it is against world peace.
Manuel describes racism as another essential element to colonialism. He draws on the logic that without racism there could be no justification for one race to take over a continent from another. Racism is described as the tool that justifies the forcible taking of land and to break the body and spirit of people. This has led to Indigenous peoples feeling (and being considered) less than white Canadians, and that is their fault for being less than. Manuel uses some data that demonstrates that by the United Nations Development Index Indigenous People in Canada are at level 78 when Canada itself is at level 1, showing the dichotomy in living. He connects this with life expectancy, housing, welfare, poverty, incarceration and more. He also draws on an article from Maclean's that describes Indigenous people's experiences in Canada as worse than African American's in the United States.
Manuel describes reserves as a method for the Canadian Government to control Indigenous people and ultimately gain control of all land. Reserves do not enlarge with the growing community that resides within them, and so, they become more lacking in resources and much poorer as a result. The goal of the Canadian government, Manuel argues, is to watch the Indigenous people reject reserves and move away from them due to its inherent dysfunction and inability to meet the needs of its people. Once reserves dissolve, it will allow the last 2% of land that is held by the Indigenous population to be owned by the Canadian people. The fight to win back what is rightfully theirs in terms of land ownership is a personal and passionate one; generations of Indigenous people have been fighting this issue in hopes of paving a better future for next generations.
It is said by some that the ‘white man’ “stole the land fair and square” from the Indigenous populations (who resided in large numbers in cultured communities across the Canadian landscape for centuries before the ‘white man’ arrived). But the irony of the statement is lost on the those that voice it. The chapter introduces the landmark decisions that occurred in the Delgamuukw case and the Tsilhqot’in case where, among other important things, Aboriginal title was recognized and defined. Manuel comments on the absurdity in the way in which the land was possessed by the newcomers, and how, despite the precariousness of Canadian laws for Indigenous rights, it is now the venue where much of the discussion on land ownership takes place. But hopefully, courts can pressure the government to negotiate a new deal and keep much of the discussions out of the courtroom.
Manuel summarizes the significant work of his father in regard to maintaining Aboriginal rights in the Canadian Constitution. George Manuel pushed an awareness campaign in 1980 called the Constitution Express to keep Aboriginal rights in the new Canadian Constitution; he was essentially fighting the 1969 White Paper which proposed to dissolve ‘Indian’ as a legal status (which was established in the Indian Act) and regard Aboriginal people as citizens with the same rights, opportunities, and responsibilities as other Canadians. It would “enable the Indian people to be free—free to develop Indian cultures in an environment of legal, social and economic equality with other Canadians” (White Paper, 1969). George Manuel was successful in having Section 35 added into the Canadian constitution where “the existing Aboriginal treaty and rights of the aboriginal peoples of Canada are recognized and affirmed” (Canadian Constitution, 1982).
Another section was also added at this time, Section 37, where Canada was committing to a framework to begin the decolonization of Canada. Conferences were held between 1983 and 1987, but this is where the progress broke down. The Canadian politicians have difficulty admitting Aboriginal people have a right to “self-determination.” On the other hand, the Supreme Court has repeatedly supported aboriginal rights and land claims, but it also encourages negotiation over litigation.
Manuel uses this chapter to examine the changing legal and policy landscapes in the Canadian government’s relations with Indigenous peoples, using specific court cases. Through cases such as the so-called Calder decision and the Delgamuukw decision, the principle of Aboriginal title as a form of ownership and oral traditions as legal evidence was recognized. Manuel then demonstrates that the federal government continues to refuse to change its policies to be consistent with these legal advances. It simply changes its language to sugarcoat its agenda, which is to extinguish Aboriginal title and rights, so that Indigenous people sign a land claim agreement. Should this occur, the result will be “the same poverty, and the most outrageous forms of abuse […] will stretch into perpetuity.”
Manuel opens this chapter by discussing the Tsilhqot’in Nation v. British Columbia Supreme Court decision, which recognized the existence of Aboriginal title on a broader scale than over a specific area. While celebrating this landmark decision, Manuel explains that the court ruling alone cannot decolonize Canada, given that the Court itself is part of the Crown. Its existence depends on the Crown’s claims and existence, which assumes that “white man’s or settlers’ property rights supersede Indigenous property rights.” This assumption is racist and colonial, and we must think that the Aboriginal title is the underlying title rather than the other way around.
In this chapter, Manuel explores the British Columbia Commission Treaty process, under which many nations have been negotiating with very little success. In fact, only two agreements have been finalized because the government offers very little in exchange for the extinguishment of Indigenous peoples’ Aboriginal title and rights. However, Canada continues to assert their internationally condemned extinguishment model under various names, one of which is the Eyford report. This report ignores Indigenous peoples’ rights to self-determination. Manuel concludes the chapter by stating that his nation will never negotiate with the federal government under the federal comprehensive land claims policy because they aim to commit genocide against Indigenous peoples.
Manuel begins the chapter describing the Supreme Court's decision in the Tsilhqot'in case to accept Aboriginal title as a "collective right" (p. 119). To examine who could be considered title holders, Manuel briefly contrasts the traditional hereditary chiefs and elected (Indian Act) chiefs, and ends the chapter emphasizing the importance of Indigenous people collectively maintaining and asserting their rights as title holders.
In this chapter, Manuel describes how Aboriginal title creates uncertainty because provincial property licenses sold to resource companies exist at odds with Aboriginal title protected in the Constitution Act, 1982. This creates economic risk for investors and affects the economy of BC. Since the Canadian government remains intent on extinguishing Aboriginal title in its negotiations with Indigenous nations, Manuel describes a counter-strategy "to increase economic risk and undermine settler certainty", which he describes in more detail in the next chapter.
For the Canadian government, the presence of Aboriginal title is a liability, which requires reporting under international accounting practices. With successful title claims, such as the Tsilhqot’in Nation v. British Columbia Supreme Court decision, this liability has grown. Manuel thus identifies a strategy for pressuring the Canadian government to enter into meaningful negotiations with Indigenous nations: by continuing to assert title rights and increasing liability for Canada on the international stage.
Manuel argues that, sadly, there are many Indigenous people who work within the Canadian government’s systems and trade land and Aboriginal rights in exchange for money and power. For that reason, Manuel feels that for meaningful reconciliation to happen it needs to be negotiated outside of the government system - from grassroot, anti-colonial organizations that do not accept funding from the government.
According to Manuel, the grassroot groups work for the benefit of all Indigenous people, now and in the future. They take the issues to the court systems and try to elicit useful negotiations with government officials.
Active honest discussions need to take place among Indigenous Peoples before talks with the government takes place. The discussions need to include all parts of the community – Elders, youth, women and men – so that everyone in the Indigenous community has a voice in the talks. The Assembly of First Nations (definition) is too far removed from the communities which they support and so the services, programs and legislation are not addressing the poverty and hopelessness prevalent in so many Indigenous communities.
A discussion around the AFN and how the organization has been set up to benefit from the current status quo, by making their main concern band funding, which puts them in a position of wanting to stay in the governments favour. Manuel discusses how if the AFN functions purely as an organization that requests money from the government it will never be fully able to address the issues around self-determination. There is a need to have a new and updated debate around the role of the AFN and what it can accomplish and also around what the true cost of taking the federal and provincial funding is. Without this it will be difficult to move forward with dismantling the current colonial system and moving towards a new system.
Grassroots organizations play a key role in pushing for decolonization. Movements like Idle No More and Defenders of the Land recognize that in some cases Indigenous Leadership is closely tied to maintaining and holding on to the governments colonialist practices and polices. Grassroot organizations work to reject colonial policies and look for ways to achieve sovereignty and ownership of Indigenous lands. Manuel discusses the termination policy as outlined in the Statement of the Government of Canada on Indian Policy, likening it to the apartheid in South Africa and segregation in the United States. He suggests that negotiations shouldn't continue until such time as all levels of government recognize Aboriginal and Treaty rights and nation to nation negotiations are taking place.
In this chapter, Manuel describes that actions must start on the community level to bring the battles to the international stage. Only when these two communities are connected, can they achieve justice.
In this chapter, Manuel outlines why Canada and other countries with Indigenous communities require international management, like the desegregation in the southern US and apartheid in South Africa. Manuel also discusses how his father coined the term ‘fourth world’ to describe Indigenous communities’ situations in Canada. Decolonization of the third world differs from the decolonization of the fourth world. In the third world, decolonization involves the separation of the colonized from the colonizers. In the fourth world, self-determination means the right to practice their economic, social, and cultural customs within the Canadian space.
In 1987, Canada’s political class decided to walk away from the process of defining Aboriginal title and treaty rights, refusing to resolve the colonial relationship. Canada’s indigenous communities had to turn to international organizations, such as United Nations, to have their right to self-determination recognized.
Manuel uses this chapter to explain why the United Nations is well-suited to support the Indigenous Peoples of Canada. Not only the UN condemns colonialism, but it also recognizes the right to self-determination as the rights of all peoples. Furthermore, the UN has already questioned Canada’s action previously. Manuel ends the chapter by stating that Indigenous communities should make noise to ensure that people in and outside Canada know that the Canadian government is oppressing Indigenous peoples and “[sully] the country’s reputation abroad.”
In this chapter, Manuel provides examples of the positive changes previously brought forth by the UN. Since Canada is also extremely conscious of its international reputation and the UN’s approval, Manuel believes the final authority for Indigenous peoples in Canada is the international audience.
In this chapter, Manuel discusses yet another international body where Indigenous peoples get a hearing – Committee for the Elimination of Racial Discrimination (CERD). Indigenous activists attended CERD in 2009 and 2016, asking them to recommend to Canada that they recognize Aboriginal title and rights based on self-determination. CERD and UN both condemn the use of armed force when there is lack of agreement between the government and Indigenous peoples. While such use of force may be legal in Canada, it is not according to international law.
This chapter discusses ongoing legal battles that Indigenous people face regarding rights to their land, such as logging, and instances in which the government has historically (and continues) to refuse compensation for Indigenous people for their ownership interest. The chapter mainly focuses on issues regarding logging, in which Canada is reported to have sold lumber to the United States under market value. The Canadian government continues to intensely oppose and inhibit activism by groups such as the Indigenous Network on economies and Trade (INET), Arthur Manuel and Nicole Schabus, and parties in the U.S. affected by the softwood lumber dispute.
In Chapter 27 we revisit UNDRIP and several of the statements on the rights of Indigenous peoples - to self-determination, to their land, to protection - and the opposition to UNDRIP from four Anglo settler states (one of which is Canada). The chapter also touches on failed attempts made by the Canadian government to explain their opposition.
The overuse and incorrect usage of the term 'reconciliation' is discussed in this chapter, highlighting the Reconciliation Framework Agreements as a key example (discussed more in-depth in the next chapter). It is clear from this chapter the dangers of these usages of 'reconciliation' in both public and legal settings..."in the legal sense of reconciling Aboriginal and Crown title" (p. 202). The chapter ends with a statement on the importance of real respect for Indigenous rights as an essential precursor for real reconciliation.
It is explained in this chapter how the Reconciliation Framework Agreements (RFAs) came to be and what they enacted regarding the control of the land and resources. A key part of the chapter speaks to the section of the RFA stating the purpose:
2.1 The Parties acknowledge that the shared decision making structures and processes described in this Agreement are intended to mitigate, reduce or avoid disputes over land and resources management and are intended in part to reduce the need for the Parties to use formal dispute resolution mechanisms
This chapter encourages Indigenous peoples to "create the kind of political tension that eradicated segregation in the United States and the type of international coalition that helped end apartheid in South Africa" (p. 212). It mentions two major Indigenous movements, The Defenders of the Land and Idle No More, and highlights the importance of challenging the status quo.
In this chapter Manuel speaks to how colonial courts operate on the status quo and not the law.
This chapter exemplifies how "the British Columbia treaty process is twenty-year failed process" (p.222) through the Red Chris Mine Dispute. The mine was set to be built in the Sacred Headwaters region of the Stikine, Nass and Skeena Rivers, which is a critical area for much wildlife and the livelihoods of Indigenous peoples.
More context behind The Defenders of the Land and Idle No More is explored in this chapter, and the importance of international recognition of Indigenous issues is again emphasized. Evidence of the Crown "conducting a legal-political-fiscal war on First Nations" (p.226) is discussed, including the uncovering of the RCMP Project SITKA.
In challenging the status quo there is no option but to create tension between the governing settler government and the Indigenous people advocating to regain their land and rights. Examples of non-violent actions are given and reasons why they are necessary; as otherwise no change will happen.
Discussion of the role of government and industry in the development of the tar sands, liquid natural gas and other resources and how that development and resource extraction further plays into keeping the current colonial government structure in place. Manual suggests that any profits from the oil sands and LNG projects should be going towards funding alternative energy options and that any attempt to further develop and grow these resources is in direct conflict with any claims to try and limit the carbon footprint and output of Canada. The refusal to sign off on UNDRIP is related to this lack of desire by the federal government to consult with and get consent from Indigenous peoples.
500 years of natural resource exploitation, extraction and consumption across Canada has led us to a place where the government at all levels is dependent on the oil and gas industry. Manuel sees Indigenous people having a role and responsibility to fight back against current dirty energy policies. By demanding and getting their treaty rights they will be able to create policies and laws that reflect their values, and its those values that hold the way forward for the world as we face this climate crisis.
The fight for Indigenous rights to the land is directly related to climate change. As the European western viewpoint starts to see the impact resource development and consumption has had on the natural world and its effect more people are starting to realize that our decision making paradigm needs to shift. This is the time for Indigenous people to demand their full treaty rights and be in a position to help the world as a whole make the changes that will be needed going forward.
Manuel argues that declarations of sovereignty must be taken seriously and followed by action "on the ground." Indigenous communities should refuse to surrender their rights through territorial agreements with the government.
Manuel describes his experience visiting the water protectors opposing the Dakota Access Pipeline. In this chapter, he discusses the division that can arise between band leaders and the larger community regarding decisions about land rights and how this division benefits the State and the oil industries.
Manuel describes the warrior Wolverine (William Jones Ignace) who defended Gustafsen Lake from ranchers and the RCMP. He was arrested after the camp surrendered and after he left prison, he travelled internationally. He also grew many crops which he shared with land defenders. In this chapter, Manuel argues that Indigenous peoples should develop a mixed economy based on income as well as self sufficient farming, hunting, fishing, and gathering.
This chapter begins to bring together the final thoughts of Manuel in this book. He summarizes that Indigenous peoples have the right to self-determination, as they have for thousands of years before colonization, and points to examples by Bolivia, and Ecuador for paths forwards where Indigenous rights are honoured within a nation state. He concludes with the desire that it is the Canadian people who must move this work forward, as the government cannot do this. He speaks to the failure and betrayal of Justin Trudeau to not follow through on his commitments to the TRC Call's to Action, and UNDRIP, along with climate crisis issues such as carbon dioxide emissions from energy projects, and refusal to honour land rights through free, prior, and informed consent.
This chapter is titles "Back to the Future," this terminology is used to refer to the existing reports that have been commissioned by the Canadian government to contextualize and draw light on relationships with Indigenous peoples in what is now called Canada. The first report described is a report commissioned by Pierre Trudeau in 1983 known as the Penner Report. Manuel summarizes it as covering how Indigenous peoples should have more access to land, to allow for a viable economic future, also with control over land and resources. This was followed the Royal Commission on Aboriginal Peoples Report in 1996, and the TRC Report in 2015. Manuel argues that these two reports were met with the same response from the government which was that work was already being done in this area. Manuel outlines how both the RCAP report and the TRC Report speak to the genocidal and colonial practices of and within Canada, and that the Canadian government is asked in those reports to acknowledge and rescind the doctrine of discovery and terra nullius, none of which has been done despite decades of work on these reports.
This chapter outlines a 'six steps to decolonization' which focuses on the recognition of Indigenous self-determination and rights. It mentions that Indigenous people have spent 150 years of waiting for justice and the importance of not passing on a sad legacy to future generations.
Note: The sixth step mentions Section 35 of the Canadian Constitution must be made to comply with Article 1 of the ICCPR/ICESCR (All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development) and Article 3 of UNDRIP (Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development).
The open letters clearly outline the demands for change and the injustices that have been enacted on Indigenous peoples by those addressed.
The afterward follows the continuation of Manuel's legacy and how it is being carried out by his family and descendants. The chapter addresses some of the realities of the financial debt the government owes Indigenous peoples.
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