Vic Toews, who was President of the Treasury Board at the time of First Nations/Kapyong Barracks ruling, now hopes to redact history and falsely blame First Nations for the lack of progress on negotiations and development. In an effort to manipulate the social protest group, Raging Grannies, on June 21, 2010 (1) he deflects government responsibility by stating “Maybe the Raging Grannies should go talk to the lawyer for the First Nations,”
Even though The Raging Grannies don’t really have a dog in this hunt, the question of why the land continues to remain dormant does have merit – in regard to the rights of First Nations people.
“Highly respected judge Douglas Campbell, who has a solid track record of well-reasoned court rulings, completely rejected any and all arguments by the federal government that First Nations did not have entitlement and a right to be consulted concerning the development of the Kapyong Barracks.” (2)
Toews has now taken the opportunity to falsely target First Nations for the governments own delaying tactics, which can only foment a further increase in public anti-aboriginal sentiment. Using political smoke and mirrors he fails to be truthful and admit that he was actually the one blocking any efforts to bring the situation to the negotiation table.
In any case, the official record is clear (3). The Federal government has appealed a legitimate court ruling (4). Moreover, no real substantive grounds for appeal have been made. Norman Boudreau, the Winnipeg lawyer acting for the First Nations, said Canada is “grasping at straws” by making this appeal. … Boudreau said all the points the federal government raises in the appeal were already addressed by the judge.”
Further, an editorial in the Free Press states:
“An appeal would amount to pleading a case that was dismissed with near derision by an experienced, respected jurist. Judge Campbell spent much of his 25-page decision recalling the weight of judicial opinion that has reminded Canadians and public office holders time and again that the Crown went willingly and with honour to treat with native people, who were being crowded out by the influx of Europeans.” (5)
Why then is the Federal Government wasting time and money? Because they treat the taxpayer as having an inexhaustible amount of both. As Boudreau puts it, “Perhaps Canada is hoping that by putting the First Nations in this position, they will relinquish their right,” Boudreau said. “But they will not.”
Since the First Nations peoples have lasted at least 10,000 years longer than the Federal Government of Canada, a strategy of attrition doesn’t appear to be a wise one. What is worse however is that the government, through misinformation, is trying to engage public sentiment against aboriginal treaty rights. This will not help the credibility of Conservative government but will unfortunately harm the advancement of the Kapyong issue in the short run, and Canadian – Aboriginal progress in the long run.
The bottom line is that Kapyong stands unused because the Conservative government still does not recognise their legal responsibility to consult with First Nations.
(1)”Free up Kapyong homes: Grannies”, Jason Halstead, Winnipeg Sun, June 21, 2010, http://www.winnipegsun.com/news/manitoba/2010/06/21/14470161.html
(2) “First Nations win Kapyong ruling”, Grassroots News, October 6, 2009 PDF
(3) “Judge freezes Kapyong: Rules in favour of First Nations, orders talks before land sale” Mia Robson and Mary Agnes Welch, Winnipeg Free Press, October 1, 2009, http://www.winnipegfreepress.com/local/judge-freezes-kapyong-63055592.html
(4) Government appeals court ruling on Kapyong, Eva Cohen, October 3, 2009 Winnipeg Free Press, http://www.winnipegfreepress.com/local/government-appeals-court-ruling-on-kapyong-67902052.html
(5) “No need to appeal Kapyong”, October 3, 2009 Winnipeg Free Press Editorial, http://www.winnipegfreepress.com/opinion/editorials/no-need-to-appeal-kapyong-editorial-63390692.html
One Response to “First Nations’ Fault cries Toews – on Kapyong Land Stall”
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June 22nd, 2010 at 21:40
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