‘UN ‘indigenous rights’ declaration is ‘unworkable’ as law’

Well, well… It turns out that the federal Conservative government was correct back in 2007 when it referred to the ‘United Nations Declaration on the Rights of ‘Indigenous’ Peoples’ as

“unworkable in a Western democracy under a constitutional government…”

“It’s been the prettiest love story in recent Canadian political history — the romancing of the Assembly of ‘First Nations’ by the Liberal government. But there are early signs that the relationship between the star-crossed lovers could be fraying.

“Jody Wilson-Raybould, the justice minister, spoke at the A‘FN’s general assembly in Niagara Falls Wednesday, where she dropped the bombshell that adopting the ‘United Nations Declaration on the Rights of Indigenous Peoples’ as Canadian law is “unworkable”. 

“She went further.

“Respectfully, it is a political distraction to undertaking the hard work required to actually implement it”, she said.

“This will have come as news to Perry Bellegarde, the A‘FN’s national chief, who celebrated the Trudeau government’s “unqualified support” for UNDR‘I’P as a historic day on the path to {one-way} reconciliation.

“Strangely, the A‘FN’s response to Wilson-Raybould’s distinctly qualified support for UNDR‘I’P was muted — a reaction that may or may not have something to do with the $96 million handed to groups representing aboriginal interests in the federal budget {It’s also because they’re planning on doing an end run around Canadian law, anyway. See below…}.

“But native activists and the NDP portrayed the news as another broken Liberal promise. Adoption of UNDR‘I’P in the first place was “smoke and mirrors”, said NDP MP Romeo Saganash, {an aboriginal} who sponsored a private member’s bill that called for full implementation of UNDR‘I’P’s articles in the last parliament. It is certainly hard to reconcile previous Liberal comments on the far-reaching UN declaration with the more reserved position advanced by Wilson-Raybould. 

{‘NDP Wants ‘Equal Nations’ (June 9, 2015): https://www.facebook.com/ENDRACEBASEDLAW/photos/a.336196793149227.59519.332982123470694/638054252963478/?type=3 

ERBLNDPWantsEqualNations600x600

“In opposition, the Liberal campaign platform pledged to enact the 94 recommendations of the ‘{Partial} Truth and {One-Way} Reconciliation Commission’, starting with implementation of the UNDR‘I’P. When the Liberals announced unqualified support for the declaration in New York, ‘Indigenous’ Affairs Minister Carolyn Bennett said Canada would fully embrace codifying the UNDR‘I’P into law. 

{And we pointed out how foolish she was: 
‘Embracing the U.N. at Canada’s Expense’:
https://endracebasedlaw.wordpress.com/2016/06/04/embracing-the-u-n-at-canadas-expense/ ERBLEmbracingtheU.N.atCanada'sExpense600x600

“But MPs in opposition take a very different view than those in government who have to deal with the fallout.

Wilson-Raybould’s statement that UNDR‘I’P will be implemented over time through a mixture of legislation, policy and action initiated by ‘indigenous’ ‘nations’ is simply an acknowledgment of realpolitik.
{In other words, despite the fact that this is so contrary to Canadian law, it is going to be implemented anyway — by stealth, through the back door, and to hell with ‘Canadian law’. It’s now ‘Aboriginal Law’. THAT’S why the A‘FN’ wasn’t upset with her…}

“In her speech, the justice minister omitted perhaps the most influential actors on the stage — the courts {An admission by this writer that courts (lawyers) now rule Canada – not Parliament. And our courts put Leftist ‘international law’ above Canadian law and legal precedent. And UNDR‘I’P provides the mechanism for the courts to interfere, and ultimately direct, all major economic initiatives…}.

“‘Section 35’ of the Constitution has ‘evolved into’ {‘been made into’} a ‘duty to consult’ native populations. Yet the UNDR‘I’P goes further and requires governments to secure “free, prior and informed consent” in any given area of policy. As retired Supreme Court justice, Frank Iacobucci, noted this week,

“future legislation and judicial interpretation will determine whether UNDR‘I’P … differs significantly from Canada’s existing jurisprudence on ‘duty to consult’.”

“Cathy McLeod, the Conservative ‘indigenous’ affairs critic, welcomed the news the Liberals have recognized that implementing the UNDR‘I’P might not be quite as simple as the government had first claimed.

“The fact remains that certain provisions cannot be reconciled with the existing Canadian legal framework, specifically if ‘free, prior and informed consent’ is advanced as a right of veto”, she said.

“Full implementation of the declaration is not just problematic from the point of view of constitutional and judicial niceties. As a report for the ‘Macdonald-Laurier Institute’ by former Plains Cree chief, Blaine Favel, and Canada Research Chair, Ken Coates, pointed out, it could make the country ungovernable. 
http://macdonaldlaurier.ca/files/pdf/MLINumber9-FPICCoates-Flavel04-29-WebReady.pdf 

“Implementing the “right of self-determination” could mean “nothing less than a fundamental change to our system of government”, said Favel and Coates.

Consulting ‘First Nations’ on all matters that affect them could result in ‘legislative gridlock’, they added.

“The decisive voice in the Liberal volte-face on the UNDR‘I’P was likely the finance minister. The Trudeau government committed $8.4 billion for aboriginal issues in the last budget. But the “great unknown number” of addressing the UNDR‘I’P’s commitments would “dwarf” this year’s budget commitment, the MCI report suggested.

“In short, Wilson-Raybould has done the right thing, calling for patience and a lowering of expectations while the goal of implementing the 42 articles in the UNDR‘I’P are achieved over time, through a variety of legal and legislative means.

“But that wasn’t what ‘indigenous’ leaders thought they were buying into.

“In his closing remarks, Bellegarde said the A‘FN has a good relationship with the Liberal government but will not sit back if ministers infringe on ‘indigenous’ rights and title.

“We will challenge and push back”, he said.

“Wilson-Raybould noted in her speech that trust must be earned, and it can just as easily be lost. Some native leaders must now be feeling they were sold a bill of goods.

“Their real problem is not disillusionment; it’s that they had illusions in the first place.”

–‘First Nations’ hear hard truth that UN ‘indigenous rights’ declaration is ‘unworkable’ as law’,
John Ivison, National Post, July 14, 2016

http://news.nationalpost.com/news/canada/john-ivison-first-nations-hear-hard-truth-that-un-rights-declaration-unworkable-as-law
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
COMMENT: “The UN is ridiculously naive and ineffective. Indigenous Canadians should join the majority of Canadians, seek the same educations, jobs, opportunities, relocate to do do if necessary, pay taxes, but mostly, look to the future instead of the past. Time marches on, join with the rest of Canadians. Think of yourself as Canadians first, above all else. Then Canada will work better for you.”
^^^^^^^^^^^^^^^^^^^
“It’s all about joining the family that is Canada. The root cause of the dreadful misery they now live is those treaties and the reserve system created to keep them as separate and unequal.”
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“Time to end the crap. There are no indigenous people to North America you were one of the first immigrants from Siberia. Time to shut the Indian industry down as it is based on a lie.”
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“I don’t know what treaty you live under but those words were writen by men who had an idea and a cause that niether suits nor represents most people in Canada. Why is it that a system developed in a different century is still held at such high standard. All people in Canada must be treated equal in life. That said apartheid was a failure and rightly recognized as such. So why not the Indian Act? So why not the reserve system?”
^^^^^^^^^^^^^^^^^^^
“True equality is what all reasonable Canadians wish for natives, what pretend natives want is a bonanza decided by the courts and provided by hard working Canadians. The world changes and our forefathers obviously could not have foreseen the mess they were getting us into. The modern relationship between natives and Canadians resembles nothing like the deal our forefathers signed and it is obvious to any sound mind that we need to get on with dismantling the reserve system along with anything else that discriminates one Canadian from another. Don’t be afraid, leaving the stone age past behind will enhance native lives far more than today’s dependence system ever can. Immigrants from around the world come here and succeed, I have faith that natives can do the same.”
^^^^^^^^^^^^^^^^^^^
“Canada needs to elect a PM with the gonads to deal with this, hell with the UN, and free natives from this prehistoric weirdness, they will flourish within a generation. The native leaders don’t want this as they are all kings of their tiny “nations” and they very much want the system that makes them affluent to remain the same…much like the whole IA bureaucracy.”
^^^^^^^^^^^^^^^^^^^
“There is no way Canada could survive if it had to seek agreement with the indigenous population over every little thing. There should be one nation in Canada for all individuals in Canada. It is time everyone move on.”
^^^^^^^^^^^^^^^^^^^
“I am 71 years old. I have never ever discriminated against anyone and have been among the first to condemn any wrong dong by govts in the past against any group ofbpeoplevin Canada, especially the native people. But here’s the truth. Nobody today did any of the discriminating things of the past. It’s much like the problems with the black people in the US. Quit being victims in your minds or for $ as in the case of many of the native leaders. On one hand natives want to live in their traditional lands BUT they want the same educational and health benefits of larger more accessible communities…”
^^^^^^^^^^^^^^^^^^^
“It is the racists in Canada that want to keep us seperate and offer benefits to one group over the rest. If these racists don’t wish to join the rest of us then we will join the aboriginals and live tax free and help ourselves to benefits…but then who would do the work and pay for this? Perhaps the UN!”
^^^^^^^^^^^^^^^^^^^
“Really? A document based on sunshine and unicorn farts is unworkable? Outlandish! More to the point, the unilateral adoption of international law over Canadian sovereignty and constitutional jurisprudence should be considered treason. And dealt with in the traditional manner…” 

Macdonald-Laurier Institute(600)“A think-tank report (May, 2016) is warning of “significant confusion and uncertainty” in what it means to implement the ‘UN Declaration on the Rights of ‘Indigenous’ Peoples’. 
http://macdonaldlaurier.ca/files/pdf/MLINumber9-FPICCoates-Flavel04-29-WebReady.pdf

“Leading scholars on the issue say pursuing a literal interpretation of the document could create major headaches for Canadian legislators — and could produce “discord and negativity” rather than reconciliation.

“Canada announced at the United Nations (May, 2016) it would fully support and implement the UN declaration, a symbolic shift from the Conservative government’s endorsing it as an aspirational document.

“This has received “considerable support” so far from ‘indigenous’ leaders…says the ‘Macdonald-Laurier Institute’ report authored by a former Plains Cree Chief, Blaine Favel, and a Canada Research Chair, Ken Coates.

“But concerns that some of UNDR‘I’P’s 46 articles may not be compatible with Canadian law haven’t gone away.

“Much of the debate around ‘Indigenous’ Affairs Minister Carolyn Bennett’s announcements has focused on ‘First Nations’ right to “free, prior and informed consent” for decisions that affect them — and whether or not that implies veto power. Some ‘First Nations’ chiefs argue it yes, it does; Bennett and Assembly of ‘First Nations’ Chief Perry Bellegarde have said it does not.

{‘Defying Canada’ (Resources ‘Veto’) {May 30, 2016}:
https://endracebasedlaw.wordpress.com/2016/05/30/defying-canada/ERBLDefyingCanada600x600

“But Favel and Coates say it’s not enough to focus on this consent issue because UNDR‘I’P is “much more than that.”

“Beyond the specific rights it enshrines, some of its sweeping statements could cause radical change if they’re interpreted literally.

“For one, a full implementation to the “right to self-determination” could mean “nothing less than a fundamental change to our system of governance”, say Favel and Coates.

“Second, consulting ‘First Nations’, Métis and non-status Indians on all matters that affect them would technically require participation at all levels of government, “potentially resulting in legislative gridlock”.

“Third, the UNDRIP, importantly, stipulates ‘indigenous’ peoples have the right to “access to financial and technical assistance from States” for the enjoyment of all the other rights in the declaration.

“Though the Trudeau government committed $8.4 billion over five years in its first federal budget, a commitment that has been largely commended, “it is widely acknowledged that the funds will not meet even the most urgent and pressing needs,” the report says.

The “great unknown number,” or the total cost of systematically addressing UNDR‘I’P commitments, could dwarf this year’s budget commitment, the report suggests.

“It won’t be easy to determine where the government’s limited funds should go. “You can instantly see a whole bunch of very contentious issues,” said Coates, so discord could be on the way.

“Complicating matters, ‘indigenous’ populations across the country face different issues depending on their location and histories.

“You’re comparing baseball bats and oranges”, he said.

–‘Report warns a literal reading of UN indigenous rights declaration could lead to ‘discord’’,
Marie-Danielle Smith, National Post, May 19, 2016

http://news.nationalpost.com/news/canada/canadian-politics/report-warns-a-literal-reading-of-un-indigenous-rights-declaration-could-lead-to-discord

Chuch Strahl (Sean Kilpatrick --The Canadian Press)
Chuch Strahl (Sean Kilpatrick –The Canadian Press)

The Background – From 2007:
The rights of non-native Canadians would have been threatened had the government not opposed an ‘indigenous rights’ declaration that the ‘United Nations’ overwhelmingly approved on Thursday, Indian Affairs Minister Chuck Strahl said.

“The Canadian government said it supported the “spirit” of the declaration, but could not support it because it

“contains provisions that are fundamentally incompatible with Canada’s constitutional framework”.

“It also does not recognize Canada’s need to balance ‘indigenous rights’ to lands and resources with the rights of others,”

a joint statement from the Canadian ministries of Indian and Foreign Affairs said…

“In particular, the Canadian government had problems with ‘Article 19’ (which appears to require governments to secure the consent of ‘indigenous peoples’ regarding matters of general public policy), and ‘Articles 26’ and ‘28’ (which could allow for the re-opening or repudiation of historically-settled land claims) {which is unfortunately already happening}

“Minister of Indian Affairs and Northern Development Chuck Strahl described the document as

“unworkable in a Western democracy under a constitutional government…”

“Canada let the UN know it would ignore the document, charging it deviated from the norm when it comes to assigning rights.

“It has no legal effect in Canada, and its provisions do not represent customary international law” {!},

John McNee, Canada’s ambassador to the UN, said in a statement to the General Assembly.”

More at:
–‘Embracing the U.N. at Canada’s Expense’ {June 4, 2016}:
https://endracebasedlaw.wordpress.com/2016/06/04/embracing-the-u-n-at-canadas-expense/
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Main IMAGE: Sean Kilpatrick –The Canadian Press
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