Conference kaosws::canada

353.0. "The First Nations vs. Canada" by TRCO01::FINNEY (Keep cool, but do not freeze) Sat Sep 15 1990 03:32

    It's quite evident from the "warpath" that most people are not aware of
    what lies behind the historic Native confrontations with the Canadian
    Governments. (Note I didn't say "current").
    
    Once upon a time some Europeans came to what is now known as Canada and
    the U.S. Upon encountering the native population, they were welcomed to
    share the lands. When settling pressures began to encroach upon the
    hunting and ranging territories of the natives, agreements were
    struck at various places and various times between the natives and the
    settlers about how to share the lands to the benefits of all people.
    
    The first of these treaties is the Two-Row Wampum Treaty (Gus-Wen-Teh)
    made in 1664 between Settlers in the area of what is now Albany, New
    York, and the Haudenosaunee Confederacy ( Six Nations Confedary ).
    
    There is a bed of wampum, white to symbolize the purity of the
    agreement. There are two rows of purple which have in them the
    spirit of the ancestors of each side in the treaty. There are
    three beads wampum separating the two rows symbolizing peace,
    friendship and respect.
    
    The two rows indicate the two paths or vessels, travelling down the
    same rivers together. One is a birch bark canoe - for the Indian people,
    their laws, and their customs and their ways. The other is a ship -
    for the white people and their laws, t heir customs, and their ways.
    They each travel together, side by side, but each in their own boat.
    Neither will  try to steer the boat of the other.
    
    Almost before the wax cooled and the tobacco smoke dissipated,
    more settlers arrived and began violating the treaty. This
    eventually escalated into small, but sometimes violent conflicts
    between the settlers and the natives. In 1763, the head of the English
    settlers, King George III, issued a Royal Proclamation in order
    to stop further conflict. In the proclamation, the colonizers were
    ordered to stop violating the treaties, respect existing agreements and
    in places where squatters were living on Native lands, to leave and
    return to colonial territories. This was a defensive gesture, since
    the Crown knew that to try to fight the natives, given the distances 
    from the home land, plus other conflicts in Europe severely restricted
    the Crown's ability to protect its settler's, if they continued
    to incur the wrath of the Natives.
    
    The proclamation also stated that only the crown had the authority
    to make agreements with the Native Nations. The colonies (provinces)
    would not and could not have such authority, since the Crown alone
    was responsible for dealing with other nations.
    
    Between the Royal Proclamation and the Confederation of Canada in 1867
    further treaties were made, moving ever westward, with many minor and
    a few major violations, all by settlers wishing to encroach into areas
    the natives reserved for themselves.
    
    The British North America Act - the Confederation of Canada -
    re-affirmed the authority of the Royal Proclamation of 1763, and
    included in it the undertaking to abide by all treaties made between
    the Crown and other Nations (including, for example - treaties with
    France, Germany, and the Aboriginal Nations of North America).
    
    The Constitution Act of 1982 does the same thing. 
    
    These basic constitutional laws of Canada are recognized the world
    over, and in Canada, as being the fundamental foundations of Canada.
    These laws, being constitutional, supersede all criminal, civil,
    provincial, municipal and tort laws - by the very definition of
    "constitutional".
    
    Nowhere in Canadian Constitutional Law or history, were the Aboriginal
    Nations of North America ever annexed, granted, ceded or surrendered
    to the Government of Canada. Nowhere did anyone, at anytime, ever
    grant control of any Native Nation's populace to the Government
    of Canada's Laws.
           
    Scooter
    	
    PS. The United States Constitution and U.S. Political structure
    was adopted from the Haudenosaunee Confederacy political structure.
    

    Are you trying to weasel out of your accusations of taking over the
    GRAND CANAL?
    
    Jean
    

    Oh Jean... Stop doing whirly-twirlies already!

    Good point!

	Another note destined for that silly rat-hole in the bit
	bucket.

					brought to you by
					richardson inudstries inc

>					richardson inudstries inc
						   ^^^^^^^^^^

	Oops, that's the American spelling [sorry Pat], should be
	industries...

	Grins,

	Charlie

    re the base note
    
    Truely the American Indians have been pushed around, lied to and
    discriminated against. 
    
    But you have to keep all things in the context of the times.
    
    Can you name any group or population that has not acted as the agressor
    to obtain land...The native population themselves had many wars between
    tribes.
    
    Canada has tried to make financial restitution for many of the broken
    treaties. The money is never refused but the natives always want more.
    
    It seems much to popular to be a victim these days.
    
    
    
    Brian V
    
    

    It seems that OKA is getting hot again.
    
    Marijuana crops are being cultivated on the reserve and all 3 levels of
    police have been aware of it for some time. The interesting thing is
    that none of these police forces wants to live up to their
    responsibilties and actually do something about it. 
    
    It seems to me like the logical next step.
    
    After all when the Indians were the main supplier of smuggled cigs
    rather than solve the problem the government opted to lower taxes and
    remove the incentive for people to buy smuggled smokes.
    
    My prediction.
    
    After another 3 weeks of finger pointing a joint task force of QPP and
    RCMP will go onto the reserve and destroy the crops.
    
    No charges will be laid.
    
    
    Brian V
    

	re .8

>    After all when the Indians were the main supplier of smuggled cigs
>    rather than solve the problem the government opted to lower taxes and
>    remove the incentive for people to buy smuggled smokes.

	So maybe this will be resolved by de-criminalizing marijuana?

	Hopefully,
	Tony