Tansi Nîtôtemtik,
Today we continue with our reflection of the Indigenous Bar Conference.
It was our pleasure and honor to attend the Honorable Jody Wison-Raybould’s session on implementing the UN Declaration of Indigenous Peoples (UNDRIP)[1] and how the current attacks on Mi’kmaq fisheries are a direct consequence of Canada’s failure to implement UNDRIP.
Hon. Wilson-Raybould spoke of the extreme disappointment felt by many Indigenous Peoples throughout Canada over how Governments that promised so much keep doing so little to keep their words. It is a tide of disappointment that keeps coming in waves, what was started as good will in the early years has essentially been abandoned. Delaying the implementation of Indigenous rights has resulted in continued injustice, and the ad hoc management of crises like the ongoing attacks on Mi’kmaq fisheries in Nova Scotia [2] as they come is not a solution.
During the panel, Hon. Wilson-Raybould spoke to how her pursuit of accelerating the proper rights recognition for Indigenous peoples has been her primary main motivation. She commented on the lack for basic human well being both individually and socially, in all areas that affect Indigenous peoples. From child welfare to disproportionate violence experienced by indigenous girls and women, the lack of clean drinking water on reserves and more recently the racist incidents involving fishing and Mi’kmaq fisheries, there is a direct correlation between all these issues and the Government’s failure to adequately implement Indigenous rights.
On February 14, 2018, Prime Minister Justin Trudeau gave a speech on his Liberal government’s plans for a new legislative framework for relations with Indigenous people. [3] However, this speech was another example of high hopes for change being dashed by a lack of substantial action for implementation other than meeting with Indigenous leaders who were left with empty promises.
Today, we see the Mi’kmaq fisheries fighting a fight that has already been won in the courts with the Marshall decisions. Yet the Government and law enforcement stood by while the Mi’kmaq were terrorized for exercising their inherent, constitutionally protected right to fish for a moderate livelihood.
Hon. Wilson-Raybould pointed out that adversarial court processes should not and cannot be the primary focus for reconciliation. Instead, let us imagine what could be with real leadership-- what would it look like if the Canadian Government was actually committed to fully implementing UNDRIP. One of her suggestions included supporting a robust and constitutional rights framework meant to “get the federal house in order” as a starting point. In particular, Hon. Wilson-Raybould noted the 5 main elements of RRF (that are described in greater detail in her book, “From Where I Stand’) [4]:
- Entrench rights recognition standards, to end the practice of denial;
- Legislate the UNDRIP;
- Establish mechanisms for self governance in moving out under the Indian Act;
- Establish new and Indigenous institutions and capacity support for nation rebuilding; and
- Establishing new oversights accountability and dispute at resolution institutions.
Until these elements are implemented, events like this past weekend's nationwide march in solidarity with the Mi’kmaq will be required to bring awareness to these important issues. Advocacy from our Indigenous leaders in our communities and supporters will be integral in breaking down barriers and fighting for justice. One of our own here at ReconciliAction YEG, Anita Cardinal-Stewart, who is also the Indigenous Law Students Association President and IBA Student Representative attended and spoke at the march in Edmonton this past Saturday. We will save a greater reflection of the march for Monday. Please stay tuned.
Thank you.
Until next time,
ReconciliAction YEG
[2] Angel Moore, Trina Roache “Mi’kmaq lobster boats surrounded by Acadian commercial fishing vessels as traps are stolen, cut” (September 21, 2020) online: < www.aptnnews.ca/national-news/mikmaq-lobster-boats-surrounded-by-acadian-commercial-fishing-vessels-as-traps-are-stolen-cut/>.
[3] House of Commons Debates,42-1, No. 264 (14 Feb 2018) https://www.ourcommons.ca/DocumentViewer/en/42-1/house/sitting-264/hansard
[4] Hon Jody Wilson-Raybould, From Where I Stand (Vancouver: UBC Press, 2019).
