Defending Your Property

A story on the CBC website recounts the manner in which the Federal Government departments do not initially observe the property rights of a First Nations man and as a result leaves its operations compromised. See: DFO sockeye count hindered by building occupation, CBC, August 11, 2010

The hero in this tale is the man who stood up for his rights and forced the government to respect his claim. While the story starts out as a man “occupying” the site in question, it later turns out that it is the man’s land being occupied by the Department of Fisheries and Oceans Canada (DFO). This is apparent by the stance of Chief David Luggi of the Carrier-Sekani band stating “Well it’s his land, his property. He has every right to do so [occupy the building] and he’s exercising that right.”

Who Messed Up?

It seems that the land upon which DFO placed a building was on the land they leased from the province of BC but actually belongs to Carrier-Sekani. Had the federal government done even basic due diligence, this would have become apparent and negotiations with the proper people would have initially taken place. Unfortunately there still seems to exist the assumption among non-aboriginal interests that First Nations don’t really have ownership rights, or if they do, these can be ignored.

The result is that DFO now has to limit its operations for the year as it can’t use the building in question. Further it is necessary that DFO and the federal government reach a settlement with the owner.

It doesn’t do any good for DFO to complain and blame the owner for the loss of productivity as this was a result of their own mistake.

The lesson from all of this is for First Nations people be diligent in monitoring their property and rights and to act decisively in asserting them.

Two things are apparent in the Canadian government and economics: (a) The federal government is cutting back on it’s responsibilities and (b) Aboriginal economic and governmental growth is increasing at a higher rate than ever.

While the First Peoples continue to navigate their way through the potholes and deadfalls created by hundreds of years of abuse by the Canadian government, times are now favouring an increasing confidence in self-government.

Becoming a growth sector in a recessive federal regime increases the advantage of the independent policies of Aboriginals. In doing so it becomes a “wild card” in the Harper program of globalising the Canadian economy (see video below) (1) under a more plutocratic structure.

Fortunately under the current Canadian system, it still isn’t easy to dismiss and marginalize the efforts of First Nations, Métis, Inuit, and Dene peoples. Treaty rights still exist as do legitimate challenges to archaic and misguided federal policies such as the Indian Act.
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Copyright 2010 Peter Warkentin