‘Guess Who Likes Two-Tiered Justice?’

This ‘Globe and Mail’ editorial would be humorous if they weren’t offering foolish opinions on such a serious subject:

‘B.C. and other provinces should pursue idea of more ‘First Nations’ courts’

“The ‘Tsilhqot’in National Government’, in British Columbia, is the first instance of a recognition of ‘aboriginal title’ to a territory.

“But aboriginal title is not simply sovereignty or independence from Canada.

{“Not simply”??? Get a grip! It most definitely means NEITHER “sovereignty or independence from Canada”. This misinformation indicates a serious lack of understanding of the subject from the Globe editorial board.

While aboriginal racial nationalists might wish ‘aboriginal title’ to mean “sovereignty or independence”, there is no legal foundation for this statement {See below} – a misconception that encourages anti-Canadian sentiment and delusions of ‘Turtle Island’ among aboriginal activists…} 

“In particular, the Tsilhqot’in government, together with another group, the ‘Sto:lo Tribal Council’, is looking to the B.C. government for institutions that can help improve the court system.

“Chief Joe Alphonse, the tribal chairman of Tsilhqot’in, is worried about violent crime in the tribe’s territory. There are violent gangs in Tsilhqot’in, around Williams Lake, B.C. He is worried about his people, and he has approached the province’s Ministry of Justice for help, as emerged from a ministry briefing note obtained through access to information. He has also had some initial contact with Chief Justice Thomas Crabtree, the chief judge of the B.C. Provincial Court.

{But dealing with issues like this is what the misnamed ‘Tsilhqot’in National Government’ is supposed to be there for…}

“Mr. Alphonse has sensibly said,

“Right now, you throw somebody in jail for six months, and they just become better and better at their craft, because you’re enabling them to become educated by real criminals.” {But then this is true for ALL those sentenced to jail. It offers no justification for differential race treatment…}

“There are already four specialized {Race Based} ‘First Nations’ courts in different parts of B.C. They are essentially sentencing hearings, only available if the accused person has pleaded guilty. Practices vary whether they deal with indictable offences, or only with cases in which there is no risk of a jail sentence.

“These courts are usually available only once a month, and there appears to be a need for greater frequency – as well as for regions like Tsilhqot’in, where there are none.

Now, here’s the punch line:

“AS YET, NOBODY HAS STUDIED WHETHER THESE ‘FIRST NATIONS’ COURTS HAVE ACTUALLY PRODUCED BETTER RESULTS – such as less ‘indigenous’ crime in the relevant areas, or diminished recidivism among aboriginals. BUT THE PROVINCIAL MINISTRY OF JUSTICE SAYS IT WILL…DEVELOP MORE SUCH COURTS, figure out what is effective (or not) and perhaps establish more consistency {???}.

“WHATEVER THE OUTCOME, THIS IS A WORTHWHILE INITIATIVE {What  an irresponsible, adolescent conclusion!!!}, both for ‘indigenous peoples’ and for courts, police and everyone else {?}. Other provinces should take note.”

–‘B.C. and other provinces should pursue idea of more ‘First Nations’ courts’,
Toronto Globe and Mail Editorial, Mar. 27, 2016 {CAPS added}

http://www.theglobeandmail.com/opinion/editorials/bc-and-other-provinces-should-pursue-idea-of-more-first-nations-courts/article29383184/
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COMMENT: “Making laws applicable to certain races is what happened in the US South. We do not want race based law in Canada.”
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“The Globe promotes ghettoization.” supremecourt“Land held under aboriginal title…falls short of absolute ownership. The Crown retains what the Supreme Court calls “underlying title”, seized at the moment of sovereignty and as yet unrelinquished.

“The implications of that underlying title are spelled out in the Tsilhqot’in decision. Chief Justice Beverly McLachlin, its author, declared that the Crown may override title if it can establish “a compelling and substantial public purpose”. She cites a previous Supreme Court ruling on the subject:

“The development of agriculture, forestry, mining, and hydroelectric power, the general economic development of the interior of British Columbia, protection of the environment or endangered species, the building of infrastructure and the settlement of foreign populations to support those aims, are the kinds of objectives that are consistent with this purpose and, in principle, can justify the infringement of title.”

–‘Title Fight’,
ARNO KOPECKY, The Walrus, JULY/AUGUST 2015

http://thewalrus.ca/title-fight/ ERBLEqualityBeforeAndUnderLaw600600For some background:

‘What Happened To Legal Equality?’:
http://endracebasedlaw.net/what-happened-to-legal-equality

https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/634960939939476/?type=3
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‘Doing The Crime, But Not The Time’ (Widdowson):
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/567640893338148/?type=1

‘Customary Justice — The Rights of the Stronger’ (Widdowson):
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/567986116636959/?type=1

‘Keeping Abuse In The Family’ (Widdowson):
https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/572569282845309/?type=1
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