White men get a taste of own medicine

Thu Aug 17 2006
Terrance Nelson

'SHRILL, ugly and lawless," says the Free Press editorial Lawless rule (Aug. 9), describing the situation in Caledonia, where the Mohawks now occupy the land.

As the chief of Roseau River, I say, "How does it feel, White Man, to have people who come to what you consider your property, set up their own system, refuse to go home, refuse to recognize your laws and then when you ask them to leave, they tell you that you no longer own the land?"

I say, bravo to the Mohawks, it is about time the white man got a taste of his own medicine.

Speaking of lawlessness, Delgamuukw, Haida, Marshall, Taku River, and many other Supreme Court decisions sided with the indigenous people, yet Canada ignores the very law you say must be upheld in Caledonia. So, is the law you speak of only good for the white guys, not for the Indians? Why did it only take 100 days for the white business people to get $12 million of compensation from Canada and yet the Indians are still waiting 200 years later?

You ask that First Nations be patient, to accept a process that National Chief Phil Fontaine stated averages 27 years to settle a land claim. For example, when CN Rail expropriated land belonging to the Birdtail Sioux reservation in 1905 for about $80 (without the consent of the real owners) the order-in-council removing the land from reserve status took only three days to complete. Our Treaty Land Entitlement purchases have not been converted, despite the fact that we have had a legally binding agreement with Canada since 1996. Our lands in 1903 that were similarly taken without our consent were converted to non-reservation status in 26 days with an order-in-council. So, when it benefits the white man, the law works fine.

In Delgamuukw, the Supreme Court of Canada recognized aboriginal title, but it also ruled that the original owners have no access to Canadian courts to apply for injunctive relief. So, the white man has protection against the law but not the Indian. The law you speak of, the injunctive relief, is only available to the whites, not the Indians. Yeah, the law is great when it is on your side, White Man. Each of the provinces ensured that they have the notwithstanding clause, so they can ignore the law whenever it is not in their favour. Former Ontario premier David Peterson called Justice David Marshall's decision "bizarre."

It is a bizarre decision, because Superior Court Justice David Marshall would never be allowed to decide injunctive relief for the Indians. Did you see Marshall calling the police and government officials criminals for ignoring the law, did you see him asking to jail government officials? Of course not. Perhaps, the Indians would have a little less contempt for the law if it really was equal and available to everyone, not just the white guys.

I strongly support the Mohawks of Six Nations in their application of the indigenous notwithstanding clause to ignore this bizarre white man's decision.

In case you don't realize the consequences yet of seeing Mohawks on TV with bloodied faces, being beaten by OPP, I'll state this for you again. Hundreds and hundreds of billions of dollars in resource wealth are travelling on thousands and thousands of kilometres of railway lines in this country. You whites did not bring these resources to our lands in your little boats; you left your God-given resources in Europe. If you didn't hear the anger at the Treaty 1-11 conference, where aboriginals met to discuss the original intent of Canada's numbered treaties, you don't realize the consequences of bloodying the faces of Mohawks. Right now, the government is negotiating without the economic consequences of railway blockades. Don't underestimate the consequences of killing unarmed Mohawks.

Terrance Nelson is chief of Roseau River First Nation