November 29, 2009

Equality Under The Law

Unless, of course, you're a militant First Nation thug, and then you're viewed as being beyond accountability to Canada's universal laws. None of Canada's levels of governments, none of their policing agencies have any great desire to confront militant 'warriors'. The public is confounded by the situation, no less so than the government and police are themselves.

Everyone shuns the potential of being proclaimed racist. To challenge the right of First Nation thugs to take the law by storm is to risk being labelled anti-aboriginal, an intolerant bigot. The air of public ostracism hangs heavily over those who cling to the quaint idea that all Canadians are subject to the law of the land.

But wait: Canada's aboriginal population clings to the naive conceit that they are not subject to Canadian laws simply because they claim to acknowledge First Nation law and as such are exempt from laws enacted to protect and constrain all Canadians. Laws meant to uphold freedoms and rights entitlements, and to see justice done in all matters of society, absent aboriginal society.

Their protection is special and above and beyond the laws that pertain to most Canadians. Which state does not in any way impede the orderly hand-over of $50-million in funding from all other tax-paying Canadians, who in good conscience agree to pay for health and education. None of which is anything to shout hallelujah about, to be sure, since the state of aboriginal health and education on reserves is beyond dismal.

The lawlessness that is too often seen in border communities, self-policed and -governed, between the U.S. and Canada, in weapons, tobacco, drug-running is of primary concern to both countries. There is some agreement between both governments and the independent First Nation communities in attempting to clear it up. But the on-site manufacturing of illegal cigarettes? Forget about it. Content regulations, tax collection, none of this is anyone's business.

Contraband tobacco sales represents big business and huge profits, and this is an internal matter, that might also incidentally, include organized crime, making for quite the illicit and profitable alliance. To suddenly rouse themselves from the slumber of don't ask, can't see, won't act and get their act together brings nightmares of Canadian forces military personnel confronting masked Mohawk Warriors.

And the counterpart in land occupation and government and police silently agreeing to a hands-off approach with respect to other native warriors occupying land claimed by aboriginals, in the process setting ambushes for ordinary Canadians, setting bridges on fire, cutting off major highways, and dismantling and destroying houses under construction, yet another preferential-aboriginal treatment.

No one can honestly claim that First Nation peoples can't demonstrate their creative responses to government ineptitude and disinterest in settling land claim disputes. Nor their industry in enabling themselves under their own system of independent native jurisdiction under their own laws to prove that they are not subject to Canadian law.

These stand-offs leaving government and police perplexed and disabled make a mockery of Canadian law. Where a vulnerable people is represented by an undisciplined, belligerent group of thugs empowered by the government's own inept inability to respond adequately to land claims. And to wipe the slate of unsettled claims clean. Then moving on to cut the cord of government intervention in native affairs.

Including the funding given to the Assembly of First Nations which institution has itself spectacularly failed to serve the best interests of their people. Funding should be re-directed to discrete bands and native reserves who demonstrate their intent and capability of serving their people, not their own individual interests.

Unless and until they recognize the utility for the advancement of their people in leaving reserves that are clearly geographically isolated, where there are no opportunities for employment, where health care access and education standards are substandard, where the residents have no real investment in the homes whose conditions they deplore yet ignore, and where the only recourse to boredom is alcohol and drug impairment.

Given the opportunity there is no good reason why Canada's First Nation peoples cannot integrate into general society, taking advantage of all opportunities available to advance themselves generally and singly, while still honouring their heritage and traditions. Everyone would stand to gain.

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