Torontoist vs. Torontoist in... Illegal Native Protests!

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Last Friday June 29 was designated a "national day of action" for First Nations people to raise public awareness on Native issues. While most of the activities were peaceful, there were some groups which went further, engaging in illegal blockades of roads and rail lines. Are these types of actions straightforward crimes which should be dealt with strictly as a law enforcement matter? Or are they a legitimate form of political expression, made necessary by government intransigence in the face of a desperate crisis in aboriginal communities?

Read on as Torontoist examines a contentious question.




FOR
KEN HUNT

Canada Day is here. Time to celebrate all of the things that make this a great country and a wonderful place to live. Universal health care, hazaa! Gay marriage? Fine by us! Pot smoking? Not a big deal! Multiculturalism? Why, it's our defining characteristic!

All of that is true. Canada is a great nation, we do have a lot to be proud of, and that's what makes our record on aboriginal issues so shameful. Much of our Native population lives in incredible poverty.
Services are shoddy. Suicide is rampant. Land claims hundreds of years old remain unresolved and we are just starting to come to terms with generations of institutionalized abuse in the form of residential schools. In many parts of the country, racism towards native people is open and flagrant, and within our prison population, aboriginals are vastly over-represented.

The question here is not about the legitimacy of Native grievances.

You would have to be either wilfully blind or just plain ignorant not to recognize the plight in which Native people find themselves. The question we are really dealing with is whether or not forms of protest such as highway and railroad blockades are a legitimate form of political action.

In this case, the question of legitimacy is all about context. Plenty of groups have grievances with the government, from students who wish their tuitions were lower, to those who think we should pull out of Afghanistan, but none of those groups would dare to shut down a highway or a railroad as a means of bringing attention to their cause.

If they did, there is little question that we would not tolerate it.

Nor should we. However, in the context of aboriginal protest, we should recognize that these sorts of actions are uniquely appropriate, not only because the Native situation is so dire, but because these protests highlight the core issue of land claims.

Whether we are on our way to a fancy cottage on the lake, or just taking the train to see our parents, chances are that we have to travel across territory that has been in dispute ever since Canada became a nation. Most of the time, this issue never occurs to the average citizen while making their journey, but every once in a while it is appropriate that we be reminded that these great thoroughfares of commerce and travel that we take for granted traverse land where people feel excluded from the Canadian dream and where hopelessness is pervasive.

No one likes to be inconvenienced. Sitting on the 400 for hours in the heat with a crying baby while burning litre upon litre of very expensive gasoline is no fun at all. Having your train home cancelled on the first long-weekend of the summer is a major hassle. But the few extra hours that we are delayed at times like this are nothing compared to the decades upon decades that our Native populations have been waiting for their land claims to be resolved. That makes this a particularly poignant and legitimate form of protest.

AGAINST
PATRICK METZGER

Last Friday’s day of action has come and gone, and while a 12-hour blockade of the 401 and some other disturbances by a group of Mohawk extremists caused consternation, there was no permanent damage to Confederation. However, the spectacle of Canadian governments not only turning a blind eye to, but actively aiding the illegal acts of a thuggish minority of protesters is a slap in the face to the rule of law in this country.

There’s no doubt that Canada’s native communities need help—poverty, mortality, and imprisonment rates are far higher among aboriginals than the general population. First Nations people have gotten a pretty raw deal, historically speaking, and you can’t blame them for trying to get something back.

That said, the vast majority of natives have opted for the path of peaceful protest and negotiation. So who exactly was it that spent Thursday night in lawn chairs in the middle of the nation's busiest highway?

Well, the group principally responsible for these weeks’ actions in Ontario represents pretty much nobody. The leader of the Mohawk protest, Shawn Brant, has never been elected to anything, and the Assembly of First Nations and even Brant's own Chief have distanced themselves from his actions. Out of an aboriginal population of around 200,000 in Ontario, Brant could barely muster enough supporters to get up a decent game of road hockey. Hell, I’ve stood in longer lines at Burger King.

Not important. Our pusillanimous provincial government, desperately sensitive when it comes to aboriginal issues, would rather let innocent citizens bend over and enjoy a good reaming than question the legitimacy of any group which claims to represent Natives.

Still more remarkably, when the protesters announced that they would be armed, not only did the cops fail to send in the in the ETF, they actually closed the highway on behalf of the Natives to avoid any possible confrontation. Maybe next time the protesters won’t have to bother showing up at all—just fire off an email to Julian Fantino so he can send some officers around to put up the blockade themselves.

The extortionate approach (“nice economy—be a shame if something happened to it…”) doesn’t even benefit the people on whose behalf the actions are notionally perpetrated. These sporadic acts of high-profile economic inconvenience have settled no claims, spurred no concessions, and generated little sympathy for the native cause with the general public.

Given that these types of actions are not only illegal but ineffective, why do they keep happening? Firstly, they attract a great deal of media coverage, and Brant and others of similar mind often confuse attention with progress. Plus, if you’re an unemployed angry youth, armed insurrection is always more fun than drawn-out legal discussion, and probably a better way to impress girls. But most importantly, our politicians have been burned before on native issues, and with elections always in the back of their minds, they’d sooner condone dangerous criminal acts than risk more bad press.

The precedent set by the illegal actions and half-hearted government response will be educational for other fringe groups with grievances. It should be frightening for the rest of us.


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Comments (12) [rss]

user-pic

Hurting the Canadian economy to the amount of 100 + million dollars is a criminal act. Protests are fine but when they encroach on the economy and the inconvenience of the general public, then we need to take a stronger stand.

The natives talk about centuries of injustice. Indeed that is true but the government should be trying to make satisfactory progress. Harper and Prentice--I have my doubts about. The next legitimate government will start to do the right thing. Sadly, until then, there's not much to do but wait and be more careful at the ballot box next time.

What was done to the Native Americans was nothing more than premeditated genocide. They saw women, children and whole villages slaughtered. These were very intelligent people. It didn't have be the way it was.
I encourage anyone who disagrees to read Dee Brown's "Bury My Heart at Wounded Knee" or "Black Elk Speaks".
This is NOT ancient history, and whether or not it is still in OUR memory, it is still in their's. The next time you see an American $20 bill, take a good look at one of the more infamous killers of Native American women and children.
Can anyone blame them?

user-pic

Canada's aboriginals have more than enough right to blockage a highway that goes through territory that has been in dispute for centuries.

The debate here is not "illegal" protest, but why has Canada been allowed to so blatantly breaking its own laws - the numerous treaty claims it has failed to full fill.

user-pic

I don't really have a strong opinion on this, just a slew of Devil's Advocate and quasi-rhetorical questions...

If a union did this, would we be talking about it? Nope, we'd grudgingly accept it (at worst) or praise them for fighting for their rights, and then forget about it a few days later.

If the Hell's Angels or Rock Machine blocked the highways, how would the police respond? With armoured vehicles and rifles, you can bet.

If I own land on both sides of the street, can I block the street in protest of something? Doubter, chowder.

By not responding to the protests, isn't the government saying the First Nations have more rights than everyone else? I get the bad optics of coming down with force, but ignoring it isn't a solution either.

And just out of curiosity, the Canadian Charter of Rights and Freedoms:
9. Everyone has the right not to be arbitrarily detained or imprisoned.
Wouldn't that apply when citizens arbitrarily detain others on public (de facto) property?

user-pic

I love the 'extremist' in the first paragraph. Excellent framing. Fox News will be calling soon.

user-pic

The discussion about the 'rule of law' in Canada has to start well before any blockades. It has to start with the governments of Canada upholding the Constitution - Aboriginal rights and treaties.

"ex·trem·ist (ĭk-strē'mĭst)
n. One who advocates or resorts to measures beyond the norm, especially in politics. "

"I love the 'extremist' in the first paragraph. Excellent framing. Fox News will be calling soon."
I hope you are not referring to my paragraph as being "extremist". But, it would figure. Brave and enlightening comment, "guest", you actually sound like you already do work for FOX News.

Just like "blowback" from groups or countries on the other side of the world for our government's foriegn policies, it sucks when our unresolved history and sins of the past bite us in the ass, don't it?
It sure sucks when genocide and slavery comes back to haunt us. What exactly is the statute of limitations on that?
The natives of this continent have a more legitimate gripe against our government than the so-called terrorists half a world away...in fact, we're trying to do to the middle-east what we already did here. Kick out the natives, steal the land and the resources.

I'd be thankful they are only hurting the economy for few days.

user-pic

All parties should continue to work on native issues to alleviate the terrible poverty that disproportionately affects their communities. Nothing in the previous sentence says it is ok to block road and rail, causing negative headlines in Europe and the New York Times. Throw the protesters in jail and punish their supporters while rewarding peaceful groups with real negotiations and offers of support.

user-pic

Boy, it sure is hard to follow the conversation when so many people with different positions all have the same name.

I suppose that it is now necessary, from a business POV, to establish how many people are using this great site.

With so many named "guest" the arguments can become incoherent.

I predict accusations of hypocrisy and inconsistency .

(but will try to register before commenting further and adding to the confusion)

(I am not necessarily in support of, or opposed to, the viewpoints expressed by others with the same name as mine)

Sincerely,

user-pic

"And just out of curiosity, the Canadian Charter of Rights and Freedoms:
9. Everyone has the right not to be arbitrarily detained or imprisoned.
Wouldn't that apply when citizens arbitrarily detain others on public (de facto) property?"

The Charter provides protection against and a remedy for government encroachments of the rights enumerated in the Charter. Nothing more.

user-pic

To the person whining about his constitutional right not to be "detained" in a traffic delay ...

well ... what more need I say? small violins?


and Mr. "but" ...

"The natives talk about centuries of injustice. Indeed that is true but..."

If I've heard it once I've heard it a million times ... BUT ...


Well ... they are ... reclaiming care of the land that is collectively theirs by birthright and by the Canadian Constitution ... "aboriginal and treaty rights are recognized and affirmed". It does not say "a TBD dollar value of" aboriginal and treaty rights.

The government has no good faith intention to repatriate land, just throw money at them, and that is where they are taking their stand, for it is the land that matters to them.

And the land is in great jeopardy:

At Caledonia, it is urban sprawl on the greenfields. (stopped now)
At Tyendinaga is is toxic highway waste in the quarry. (stopped now)
At Sharbot Lake, it is uranium drilling, mining, and weapons testing, threatening the entire Ottawa River watershed ... and possibly the St Lawrence. (stopped now)

We can sit back and let them do the work, and then benefit from it ... or we can help them.
We can let the government know we want them to consult about uses of disputed land, because that is the legal duty of the Crown.

The governments are not doing it. They are letting conflicts develop between First Nations and corporations.

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