Hayden King is Anishinaabe from Beausoleil First Nation on Gchi’mnissing in Huronia, Ontario. He is the Executive Director of Yellowhead Institute, based in the Faculty of Arts at Ryerson University.
…At the end of her meticulous recounting of what she called “inappropriate” pressure her colleagues applied in an effort to defer SNC-Lavalin’s prosecution, Ms. Wilson-Raybould linked these two threads: “my understanding of the rule of law has been shaped by my experience as an Indigenous person and leader. The history of Crown-Indigenous relations in this country includes a history of the rule of law not being respected … And I have seen the negative impacts for freedom, equality, and a just society this can have firsthand.”
Knowing these dynamics better than most, and despite any of her efforts, Ms. Wilson-Raybould has been a part of a government responsible for perpetuating lack of respect for the rule of law, in this case in relation to Indigenous issues. How can all of this be reconciled? MORE
Earlier this year, in response to widespread outrage, “rule of law” was official government messaging when the RCMP served a pipeline company’s injunction in Uni’stot’en territory, on lands the clan has not agreed to share in a treaty (what the Supreme Court calls “title” lands). From Oka, through Ipperwash, Caledonia, Elsipogtog, and two dozen other examples of conflict over land, the rule of law is a prime-ministerial invocation that twists the law.
On criminal justice, the Supreme Court has demanded that the over-incarceration of Indigenous peoples be addressed with unique sentencing protocols known as the Gladue Principle. The directive is overwhelmingly ignored by lower courts, provincial and federal officials, and incarceration rates continue to rise.
Law after law dating back to the Gradual Civilization Act in the mid-1850s have discriminated against Indigenous women. Canada has argued in court that the Charter of Rights and Freedoms doesn’t apply to First Nation women. Indeed, there is still gender discrimination in the Indian Act.
Indigenous children are somehow invisible to the rule of law, too. Last week the Canadian Human Rights Tribunal issued its seventh non-compliance order against Canada for failing to fully and completely end discriminatory policies.
Late last year, in a speech to First Nation leaders in B.C., and on the eve of her demotion to Veterans Affairs, Ms. Wilson-Raybould called out those among us who have little faith in Canadian institutions and laws. These individuals, she said, “in the name of upholding Indigenous rights, critically oppose almost any effort to change [within the Canadian constitutional framework].” This is an apt characterization, though to be fair, the heretics have ample evidence of corrupt institutions on their side. MORE