Saturday, September 17, 2022

Monday mourning : The British Monarchy still exists.

The Prime Minister of Canada, Justin Trudeau, announced on September 13'th that September 19, 2022, will be a National Day of Mourning in Canada. Some Canadian provinces and some workplaces are also observing this day.

I won't be morning the death of a person, but the ongoing existence of the British Monarchy -- the symbol of the British Empire.


At its height it was the largest empire in history and, for over a century, was the foremost global power. By 1913 the British Empire held sway over 412 million people, 23 per cent of the world population at the time, and by 1920 it covered 35.5 million km2 (13.7 million sq mi), 24 per cent of the Earth's total land area. (Wikipedia)


While many other monarchies have been appropriately abolished, Britain did something entirely different which was to re-brand their monarchy and colonies to claim that they were decolonizing. The "Royal Family", as well as being a corporation protected from taxes and liabilities other corporations would not, has been actively involved in that re-branding : including using the claim that it was a "Family" and had values similar to a family. This is the ongoing existence of an institution responsible for the greatest amount of colonialism and genocide our species have ever experienced, which has never been held accountable for any of its atrocities.


There is a claim the monarchy is only ceremonial, and doesn't have any power. This is how powerful the propaganda has been:  This is a corporation whose stolen wealth is "inherited" by future members of "the firm", and which has considerable sway on the policy of many subsidiaries of the British Empire. The policy that was put in place by the Monarchy may have been signed by an individual that has been dead for centuries, but the policy and the Monarchy still exist institutionally.  The monarchy is not about individuals but institutions : and it is the same institution, with its policies still enacted and promoted globally. The constitutions of several countries would have to radically change in order to ignore a royal proclamation, even at this date - creating an international policy and constitutional vulnerability that should have been closed decades or even centuries ago.

Queen Elizabeth II was the longest-lived British monarch, and oversaw the bulk of the re-branding. Even as an individual she was not guilt free, both for what she did and for the many things she did not do which any moral individual observing the suffering caused by that institution would work to resolve.



German Reich was the constitutional name for the German nation state that existed from 1871 to 1945. (Wikipedia). While it is discussed as having three periods, I don't hear about Germans or peoples of regions invaded by this empire celebrating it. It may be remembered that way because they lost two wars where allies from across the world were drawn in (The so-called "World Wars").  The loss of these wars is the reason for the three periods: 1871–1918, 1918–1933, 1933–1945.  The fallout of the first world war lead to the rise of nationalism in Germany and multiple elections of the Nazi  Party.

Not having lost those wars doesn't excuse the ongoing existence or celebration of the British Empire or British Monarchy. These institutions are not examples of the "good guys" winning -- for these wars and even the treatment of European Jews by European Christians, there were no "good guys", just a winner who were able to brand themselves as heroes.


See also: What does being a Canadian mean to me?

Saturday, September 3, 2022

A call to action for fellow French descendants in "North America"

While my Irish and Scottish ancestors came to this continent relatively recently (1800's, only 3-5 generations ago), my French ancestors have been on this continent for much longer. How much longer I don't know, as I have not yet done the more detailed genealogy work, but I'm told the family names of Hébert, De Rainville , Payette, Beauchere have been around for a while.

As part of my antiracism learning I was led to anticolonialism, and from there became interested in the unique ways in which some settler groups see themselves and their relationship to this continent and its peoples. Some settlers go so far as to believe they are Indigenous, or victims of colonialism on this continent.

Distorted Descent White Claims to Indigenous Identity (2019)
I'm told that most of my ancestors, in one way or the other, saw themselves as victims of the British Empire.

For Ireland and Scotland, the reasoning is obvious, given part of Ireland and all of Scotland is offensively still considered part of the so-called "United Kingdom". I am strongly supportive of the reunification of Ireland, and for the sovereignty of Scotland, even though I do not have citizenship or other close kinship ties to either Nation.

With my French ancestors it is a more complex. While Britain and France fought several wars against each other as well as on the same side against a third party, Britain does not control any part of France. What the feeling about the British Empire come from is the colony of New France, previously part of the French Empire.

(For a quick refresher on the history, see: What does being a Canadian mean to me?)

 

Darryl Leroux is an Associate Professor in the Department of Social Justice and Community Studies at Saint Mary’s University. An area of focus has been the the dynamics of racism and colonialism among fellow French descendants. His 2019 book "Distorted Descent: White Claims to Indigenous Identity" puts together many of the dynamics I wanted to understand. He maintains Raceshifting.com to help educate people on these issues.

While I tweeted some thoughts while reading the book, the last page contains what I feel to be a call to action to all fellow French descendants on this continent.


As French descendants, we have been told from a young age that we are the (only) victims of British colonialism, despite the fact that our ancestors colonized significant parts of what we generally call Canada and the United States for a century and a half prior to falling under British dominion. During this time, our forebears not only enslaved African and Indigenous peoples and actively displaced and dispossessed Indigenous peoples across a wide swatch of the continent, but benefited from broader French mercantilist policies that turned the French Antilles into one of the most brutally violent slave societies the world has ever known. Our belief that we are the only legitimate victims of (British) colonialism continues to be a major stumbling block to building meaningful social movements dedicated to combating French-descendant forms of racism and colonialism.

 





My wife's parents are Hindu Bengalis from India. I also believe it is incorrect for loyalists of the Mughal Empire to claim the eventual end of their occupation of India was an act of "colonialism" by the Swedish, Dutch, Danish, French, Portuguese or British colonialism. Indigenous India was the victim of all this colonialism, and all these empires were (some still are) perpetrators of colonialism. Which perpetrator "won" a given campaign/war/etc to claim to be the current colonial occupation does not make loyalists of any of the "losing" colonial powers a victim of colonialism.

Wednesday, August 10, 2022

Should you be upset at individual police officers who support the "Thin Blue Line" concept?

The concept of the "Thin Blue Line" comes up regularly.

I posted about this on Facebook on Dominion Day, what the P.E. Trudeau government re-branded  as "Canada Day" to help hide the truth in 1982.
 
I consider the Thin Blue Line to be another discussion about systems vs individuals.


The job of Law Enforcement is to enforce the law, not to interpret it or to ignore the laws the police departments or individual officers don't like. If a law is racist, then it is still their job to enforce that law.

Whether US or Canadian law supports the idea that Every Child Matters or Black Lives Matter is a matter of law and other systems, not law enforcement. This is even true if some law enforcement officers start a "Blue Lives Matter" movement in response to the feeling they are personally being targeted by the "Black Lives Matter" and other human rights and social justice movements.

Canada and the United States are founded and still exist today as an ongoing expression of the White Supremacist notion that Europeans and European systems have more of a "right" to govern over this land (Reminder: not part of Europe) than the Indigenous Nations and peoples who have governed and stewarded this continent for tens of thousands of years.

The Canadian Constitution hasn't been modified significantly since the one the British unilaterally imposed in 1867 with the first of the 11 British North America Acts. This was done without the permission of, or even notification to, a majority of inhabitants and citizens of existing nations. There have been minor changes, but not away from White Supremacy within the Canada Act 1982, and other Acts of the British Parliament.


The United States is similarly fundamentally flawed, with their constitution being one of the most outdated on the planet.

Lets use a concrete example. APTN recently did an in-depth called:
Behind the Thin Blue Line: Meet a secretive arm of the RCMP in B.C.

We could read that article and get all angry at the RCMP for this, but lets remember: they are law enforcement.

Where is the source of the conflicts with the sovereign nations in that part of Turtle Island (the name the peoples near where I live, such as the Haudenosaunee and  Anishinaabe call this continent)?


That would be the British Columbia NDP government. That is the allegedly democratic body that is in charge of these systems, and passed the laws (and unlawfully approves "development" on land they don't have jurisdiction over) which the BC RCMP is then required to enforce.  The BC NDP even passed a law promising to change BC's racist laws to conform with the United Nations Declaration on the Rights of Indigenous Peoples, but thus far has refused to do anything other than virtue signalling and theater. They could immediately cease the violations of human right being carried out by the RCMP, with simple changes to the injunction process on unceded lands, but refuses to do so even with their majority government.


BC (currently NDP government, allegedly the most "progressive" party that forms governments in Canada) and Canada (currently "Liberal" government) are regularly called out by UN agencies for ongoing human rights violations.



Note: What Canada and BC are claiming about Indian Act band councils granting them "permission" is in fact unconstitutional. Those federally created/regulated corporations administrating Canadian government services delegated to the federal government under the racist Constitution section 91(24) do not have any jurisdiction over activities outside of reservations.

Blaming the police, and especially blaming individual police officers, is part of flawed Western worldviews which have a narrow focus on individuals rather than recognizing systems.

Police departments within "Canada" and "United States" are not law enforcement systems which contains some racist (the oddball "Bad Apples" commentary), but the enforcement arm of a racist governance system. Individual police officers are not the problem. If there are individual officers that are more overtly racially prejudiced, that can easily be understood as being the most loyal to Canadian systems (Patriotism).

What about the claim that law enforcement is the "line which keeps society from descending into violent chaos"?

First you need to recognize that Canada has a legal system, imposed by Britain based on British laws, religion and worldviews, and not a justice system. This set of systems called the Dominion of Canada have been carrying out a slow Genocide since it was imposed by the British. Law is not the same thing as order, and sometimes laws and law enforcement itself can be the cause of violent chaos


(I have taken a course where Kim Tallbear was my professor. She is an amazing Indigenous academic who does anthropology of white peoples. )

Law enforcement in Canada is part of the ongoing colonialism project. Carrying out racist activities is in fact their job, given the laws they are required to enforce are examples of systemic racism.
 

Tuesday, June 14, 2022

"terra nullius" continues: British North America ("Canada"), Denmark, Russia.

A friend asked me if they heard about Canada and Denmark sharing the land border?

I immediately thought: Here we go again.

I looked it up and found a CBC article with headline: Canada and Denmark reach deal to divide uninhabited Arctic island


Image of Hans Island
Google Map:  Hans Island 
Google Earth: Hans Island

Note that the island is nowhere near Denmark or Britain, so no legitimate reason for those governments, or their subsidiaries/derivatives, to have title claims.

If you look via Google Earth and look at the earth from the North Pole, you can see how there is a claim that this has something to do with Russia.

There is that phrase: "unihabited".

This is what Europeans look for.  It is a reminder that the "Doctrine of Discovery" and "terra nullius" are still current concepts for Europeans.  This is the notion that if a thing (which until recently included people) was not already "owned" in a Roman/European sense, then it could be claimed to be owned simply through seizure.

European notions of properly grant exclusivity, but without any responsibility.  Once "owned", the thing can be harmed or even destroyed without any responsibility to others (human, non-human living things, differently animated things).

When Europeans first started to visit this continent, which the peoples near where I live call "Turtle Island", they didn't recognize the people here as civilized and had an unwillingness to even treat them as humans. When Samuel de Champlain, a subject of the French kingdom, first came across a citizen of the Haudenosaunee in 1609, the Haudenosaunee Confederacy had already been an an advanced participatory democratic league of 5 nations possibly since 1192. While the Europeans lacked evidence of their odd claim to being more advanced in social sciences, they did have more advanced weaponry.  Typical of the thinking of Empire builders, might was believed to be right. They use their savagery to claim supremacy and "civilization".



I believe continuing to use this less advanced European way of thinking in this case makes no sense.

Apparently the concern is that Russia might claim ownership through seizure, so British North America (Canada) and Denmark jointly seized the land for themselves as they already made odd claims to neighboring lands. The assumption in all this European Supremacist thinking is that it is legitimate for any European government to lay exclusivity claims based on seizure, even to lands quite distant from Europe.


Europeans are constantly feuding or at war with each other. Even though "might was believed to be right" in the European seizure of this continent, somehow Russia (also part of Europe) doing the same thing to a much smaller area currently called Ukraine that was fairly recently part of the Soviet Union is supposed to be automatically understood as wrong.

Apparently the sovereignty of Europeans we are supposed to like is good, but the sovereignty of non-Europeans we are blindly supposed to ignore.


The correct thing is for the International community to protect further land outside of Europe being claimed to be controlled by European governments based on their uncivilized notions of seizure based exclusivity. It is the people and other more-than-human relations with connections to the lands which have a motivation to steward the lands which should be protected.

What is needed is for Indigenous peoples of the polar regions to be granted sovereignty from European governments in the south (especially those operating outside of Europe).  There are agreements to disallow any foreign government to claim Antarctica, and something similar should be done with the Arctic.

In the case of what Europeans renamed "North America", it would be the beginning of allowing the True North to become Strong and Free again -- without being subjugated to European dominion.

Starting with Inuit Nunangat 

What is needed is peacekeeping to protect the land from European ideologies (whether from Eastern or Western Europe), not further land seizures by Europeans.


Saturday, March 26, 2022

Discussing: How Canada Will Fall.

I added the following as a comment to a YouTube video.  I find it interesting and I learn from people who I wouldn't normally hear from, and who have ideas ideas I don't agree with.

For a different take that is closer to my own thinking, check out MEDIA INDIGENA : U.S.A. R.I.P. ?



Interesting ideas, but I think there was a core issue not included.

Canada is a Constitutional Monarchy, meaning the constitution which was passed by British (11 British North America Acts, and then the Canada Act 1982) are a stand-in for a monarchy.  This isn't how Canada describes it, and it claims it is more like the British which has a living monarchy.  Given the deliberate modifications of the amending formula for Canada's Constitution when the British relinquished the right to change Canadian law in 1982, the Constitution is nearly impossible to change. That document is now the real head of Canada rather than the federal and provincial parliaments which are restricted by the Constitution.  Canada isn't the democracy people think it is, and the current "leadership" doesn't have the authority to change any laws they wish.



This comes into play with your discussion of the Wet'suwet'en government and their representatives, which are not European-style top-down hierarchical.  Indian Act band councils are part of the Canadian Federal bureaucracy, delegated power that the federal government is granted in section 91 of the Constitution. Section 91 grants the federal government jurisdiction over "24. Indians, and Lands reserved for the Indians."  These Indian Act bureaucracies do not have jurisdiction over land outside of reservations, or any other authority not delegated to them by the federal government, and thus do not have the legal authority to authorise the activities which some claim they have.  Some entity having an "election" is not sufficient for it to legitimately be considered a democracy -- far more is needed.

The oldest Participatory Democracy on the planet is the Haudenosaunee Confederacy, so it isn't correct to believe that there aren't working governments on this continent other than those which European settlers brought with them.  Whether other governments acknowledge their jurisdiction is separate from recognizing their existence.

For Six Nations of the Grand River, the Confederacy exists in parallel with the Six Nations Elected Council (SNEC), the latter imposed by Canada through force carried out by the RCMP in 1924.  Why?  Because that elder League of Nations went to the younger League of Nations forming in Europe to gain full membership. The European League of Nations became the United Nations, and appropriate membership of the Haudenosaunee Confederacy is still being denied.

It is the Confederacy that is a democratic government, while SNEC is merely a group of Canadian federal bureaucrats : the bureaucrats may do good work, but are not part of an Indigenous government. To understand what an Indian Act band council is requires people read the Canadian Constitution, Charter, and Indian Act.



Historic Treaties Canada

Part of the 1982 changes is section 25 of the Canadian Charter which clarifies that the Royal Proclamation of October 7, 1763 is part of Canadian law, and section 35 of the Canadian Constitution that clarifies treaties as part of Canadian Law. Treaties are with nations, so that clarifies in Canadian law that Indigenous Governments must be treated as separate nations from Canadian federal and provincial governments.

British Columbia, similar to large parts of Quebec, lack treaties and thus come into conflict with the Royal Proclamation when trying to determine which bodies have jurisdiction to make certain decisions.  Again, Canada is a Constitutional Monarchy, so exactly what the Canadian Constitution says really matters.

 

Individuals can believe Canada is a republic, and that everything is up for the government debate, and that these legal documents don't matter. That isn't true, and that will always cause confusion and problems. I agree there is a division between the East and West on this continent, just as there is in Europe and should be expected for a continent this size.  I think it is an oversimplification to suggest the division is "left" vs "right", a concept that hasn't offered much clarity outside the French Revolution.

European settlers have had two civil wars so far on this continent, largely along north-south divisions. The separatists lost the second civil war, so that second one isn't being called a "War of Independence" by anyone. I doubt the next civil war will play out that way -- it is far more likely that east-west will be how things divide.  I have watched the growing tension over my lifetime, and I believe another civil war is inevitable -- just not the one people who believe the current imaginary line is fixed believe it will be. There are too many smug Canadians that believe what happens in the United States is somehow disconnected from them.  That British separatist/loyalist division from that first civil war is further in the distant past than people seem willing to recognize.


The fact that Canada is a Constitutional Monarchy and few Canadians are even aware of the contents of Canada's Constitution will likely cause a collapse of "Peace, Order, and good Government of Canada" (to again quote from section 91 of the constitution).  I noticed that in the "Freedom Convoy", where there was a lack of understanding of jurisdiction and the fact that the federal government had little to do with the issues people were protesting.

Wednesday, March 2, 2022

Problems I see in discussions about the Sovereignty of Nations

It is hard not to have a conversation with anyone for very long without the subject of Ukraine coming up these days.


I'm told what's happening in Ukraine is simple: Putin Bad.

 

When I look at the history of the area currently called Ukraine, I don't remotely see something simple.  I see an area stuck in the constant war between Eastern and Western Europe. The current borders encompass a population where the native language is Ukrainian (an East Slavic language) in the west, and a third of the population largely in the east where native language is Russian.  These divides are seen in presidential elections, as well as surveys on which economic unions the country should join.  This is a country that recently declared independence in 1991, and is not clearly pro-West, anti-East as the western media and politicians claim it is.

 

I am anti-war, anti-conquest, anti-colonial and anti-genocide.

I don't want any warring in Ukraine, but it is not as simple to me as it seems to others as to what the underlying cause of the warfare is.


Ottawa Siege: Trudeau Bad


I had started a series of articles discussing the Ottawa Siege, with the most recent being titled Why didn't "dictator Trudeau" just remove all mandates?

I am fully aware that the President of Russia has far more power, constitutionally and personally, than the Prime Minister of Canada.  Vladimir Putin was a former intelligence officer, and learned quite a bit about people and how to influence them.

Justin Trudeau was... umm...  a substitute teacher, who withdrew from university to seek public office. He was put into the position by a corrupt party system that wanted to launch another "Trudeau Mania" such as happened under Justin's father.

That said, I had to live through a siege on my hometown by people receiving international support for the myth that Trudeau was a dictator, rather than just being an idiot.  Some of the "Putin Bad" simplistic way of looking at things have seemed very similar.

I'm tired of this overly simplistic nonsense. Western European worldviews have a cult over individuals, which hides from most westerners the complex systemic realities of the world they inhabit.


How do people choose which attack on Sovereignty matters?

 

I live in on a continent that some call North America, while others call it Turtle Island.  I wrote in January my current feelings on what being a Canadian means to me, after focusing some learning on this continent for a few years.  The short-form is that Canada is not what I thought it was, and is in fact a series of governments (not a place) which is part of an ongoing act of colonialism and genocide.

Canada isn't unique. Canada, Australia, New Zealand, and the United States are collectively known as CANZUS in international circles. These are British Colonies, all of which claim independence from Britain, but where colonists greatly outnumber Indigenous peoples and where governments built on British worldviews. In the case of Canada, these governments were directly created and maintained by the British parliament, and an amending formula to allow a body on this side of the Atlantic to change the constitution was created in 1982.


I have noticed that there are many nations whose sovereignty has been subdued by another nation, but where the general population in Western European countries, and their colonies, don't pay attention.  I am not the only person who noticed this, and on social media a simple pattern has emerged.



 

Westerners only seem to care if the Nation whose sovereignty is being attacked is:

  • European, or European Descent -- Contrary to what some people think, North America, Australia and New Zealand are not part of Europe, but any threat to the sovereignty of these colonial governments is still considered "important".
  • Christian
  • Capitalist

Russia is only two out of three, so they are bad.  Apparently if you adopt the British/Scottish (Adam Smith) Eurocentric economic system you are good, but if you adopt the derivative German (Karl Marx, etc) Eurocentric economic system you are bad.

In the formation as it has existed in recent decades Ukraine qualifies under all three requirements, so therefore it is claimed that a threat on it is a threat to "democracy".

 

Threats to Democracy


When the subjects of European Christian Monarchies first visited this continent, what they found were advanced civilized nations. Some of the nations had joined to create confederacies such as the Haudenosaunee Confederacy, which had already been an advanced Participatory Democracy for centuries.


Quoting from the Onondoga Nation website:

In 1613, the Mohawks noticed people coming into their territory unannounced. The visitors had begun to cut trees and clear land for their homes and farms. They had entered the lands of the Haudenosaunee and were now occupying some of their empty rooms (land). The newcomers dressed oddly and had hair on their faces. They had iron pots and pans and had their families with them. These people needed a place to live. The Mohawks sent a runner to Onondaga to convene a meeting of the Haudenosaunee.

 

I regularly write about the Haudenosaunee Confederacy. From my brief on Bill C-15.

The process that eventually led to UNDRIP started in 1923. This is when Deskaheh, Chief of the Iroquois League, representing the Six Nations of the Iroquois Confederacy, left Canada to go on a mission to Geneva (Switzerland). At that time the elder league of nations (Iroquois 6 nations in 1722, and a confederacy of 5 nations possibly since 1142) wanted to address the younger league of nations (formed at the Paris Peace Conference, 1919, which later became the United Nations) to have the younger league adequately recognize the elder.
...

In response to the attempt to get appropriate international recognition for the Iroquois league of nations, the British subsidiary called Canada sent in the RCMP to depose the centuries old participatory democratic Confederacy Council. Canada installed an "Indian Act" band council which is only responsible to the Canadian crown and not citizens. This is not a Representative Government, and the ongoing refusal of Canadian governments to recognize the Confederacy Council and not fold the band council is in my mind an obvious violation of UNDRIP Article 3.

 


Almost 100 years later, and British allies (including but beyond CANZUS) are still blocking recognition of the Haudenosaunee Confederacy at the United Nations. Canada still refuses to recognize the confederacy as the governing body of that league of Nations.

Land theft is ongoing, as Canada and its provincial governments like Ontario believe that if they continue to put squatters on land which they don't have title over that this will eventually eradicate the sovereign nation entirely.

Watching the weak corporate-party-centric democratic institutions of Canada, it is clear these governing bodies are many generations away from having as advanced democratic institutions as what the Haudenosaunee had at European contact in the 1500's. That is if they are going to advance to being stronger democracies, as opposed to becoming even weaker over time.


Other than "stop bombing", trying to figure out what should happen in Ukraine seems complex.  What is needed is neutral third parties to get involved to help Ukraine. I am aware there is a good relationship between the Ukrainian people and several of the Indigenous peoples of this continent, but see no helpful role for excessively biased European governments or their colonies.


What Canada should be doing on this continent is far simpler, and there have been a stack of commissions and other reports over decades (longer than Ukraine has been independent) giving the Canadian governments blueprints.

 

Canada fully recognizing the elder democracy of the elder League of Nations seems obvious, as well as transferring all assets and financial transfers currently received by the imposed Indian Act band council bureaucracy. Then there is the matter of all the trust money which Canada "borrowed", and should get onto a payment plan to return with interest.

Six Nations of the Grand River understands that Canada does not have enough money to bring historic land issues to resolution under the existing land claims policies. 
This booklet is an explanation of Six Nations’ land and financial grievances against the Crowns of Canada and Ontario and the need for the establishment of a new perpetual care and maintenance mechanism. A mechanism that would benefit the Six Nations People and their posterity to enjoy forever, while continuing to share the Haldimand Tract lands and resources with our neighbours.


Trade and other Sanctions

When will the trade and other sanctions against Canada finally start?

Is it really as simple as the fact that the Haudenosaunee Confederacy isn't European, Christian and Capitalist?


Thursday, February 24, 2022

Please stop repeating CGL's misdirection: "The company says they have 20 signed agreements with elected bands..."

The following was a letter to APTN News, which I copied to the Minister of Justice and Attorney General of Canada, Minister of Crown-Indigenous Relations, and my MP in Ottawa South.

It is repeated on their website: Land rights defenders weigh in on CGL incident on Wet’suwet’en territory



I'm a settler of Irish, Scottish and French descent, currently living on unceded, unsurrendered Territory of the Anishinaabe Algonquin Nation. My mother was born in Paris, Ontario, part of the Haldimand Tract. I have loyalty to this land that has sustained me, and solidarity with the Haudenosaunee Confederacy (the oldest participatory democracy, not the Six Nations band council bureaucrats) and Anishinabek nations.

Even I, who fully recognizes I am not Indigenous and have never been naturalized to this continent, find it offensive each time APTN repeats the colonial misdirection about Indian Act Band Councils without the required disclaimers. This offensive misdirection was repeated again on this evening's newscast, apparently to remind viewers of the existence of worthless "agreements" that CGL has with "elected bands".

Indian Act band councils are created, regulated and funded by the Government of Canada.
https://laws-lois.justice.gc.ca/eng/acts/i-5/


The phrase "elected" should never be repeated, as that is colonial propaganda to falsely suggest since there was an "election" that the body might be democratic. These councils are responsible to the Canadian Government, not Indigenous citizens, and thus are not representative governments. Elected parts of the federal government bureaucracy are still federal government bureaucrats.

The position of Pope is "elected", but that does not change the fact that The Vatican is an absolute monarchy.


These councils are in a trivially obvious conflict of interest when it comes to any issue where there may be conflict between the interests of the Canadian Crown (and its corporations) and Indigenous governments. This was the entire purpose of the additions of s.25 and s.35 of the Canada Act 1982, to clarify that the Canadian federal government, or any of its delegates, cannot simply take control over Indigenous lands.

https://www.legislation.gov.uk/ukpga/1982/11/contents

https://www.legislation.gov.uk/ukpga/1982/11/schedule/B/paragraph/25
https://www.legislation.gov.uk/ukpga/1982/11/schedule/B/paragraph/35


Some of the same individual people may be part of an Indigenous government and a band council. However, an Indian Act band council as that council does not have jurisdiction outside of what the Federal Government has jurisdiction on and has delegated to part of its own bureaucracy. An Indian Act band council, a subsidiary part of the Canadian Federal government, constitutionally cannot have jurisdiction over treaty land under Constitution s.35 or land where treaties were not created under Charter s.25 which clarifies the Royal Proclamation of October 7, 1763 is part of Canadian law.

The fact that Indian Act Band councils administrate policy on reservations is because the British granted the Canadian Federal government jurisdiction over "24. Indians, and lands reserved for the Indians."

https://www.legislation.gov.uk/ukpga/Vict/30-31/3/section/91



Please stop helping ongoing colonization on this continent. If you are quoting from a government or corporate statement, please make use of a disclaimer before or after to clarify that Indian Act band councils are part of the Canadian Government bureaucracy, and thus can not have jurisdiction over issues not part of federal responsibility.



There may not currently be clarity about who represents the Wet'suwet'en peoples. This is a problem caused by the Government of Canada, so the Governments of Canada (federal or provincial - with Municipal governments being provincial corporations) should never benefit from harm to existing Indigenous governance that the federal government caused.

Settler governments which had any respect for their own laws or internationally recognized human rights would have had federal courts issue an injunction against CGL and the British Columbia government. The injunction would be to cease all authorizations of land use and operations until the s.25/s.35 Indigenous Government representatives are lawfully clarified and the correct governing bodies have granted Free, Prior and Informed Consent for any activities on their land. If the appropriate bodies don't exist currently, then the fiduciary duty of the Canadian Crown is to help them be re-established, with the injunction remaining in place.


This isn't only a matter of recognizing UNDRIP, but of recognition of the Royal Proclamation 1763, the Canadian Constitution, and the Canadian Charter of Rights and Freedoms.

Thank you for reading,

 


 
For anyone who read this and didn't know before that the Canadian Constitution granted the federal government jurisdiction over "Indians, and lands reserved for the Indians", please think about that for a moment.

Could you imagine the German constitution granted a specific level of government jurisdiction over "Jews, and lands reserved for the Jews"?

This is the real Canada, and not the "Canada the good" marketing material most of us settlers grew up with.