Blue Like You

Archive for June 26th, 2007

Excellent essay in today’s National Post by Peter Shawn Taylor, “Indian Give and Take”.

Taylor argues that Canada’s natives need to recognize the necessity of compromise and bargaining in good faith; otherwise they may very well lose the support of the ROC in terms of the battle for hearts and minds (and money and land).

Ottawa’s latest attempt to do right by Canadian natives involves the creation of a specific claims tribunal to clean up the huge backlog of land claims. Rather than leaving the final settlement process to politicians, the tribunal will create a more court-like arrangement. Final decisions are to be made by impartial judges. It is a welcome proposal. But setting up a conventional arbitration-style process to settle treaty claims will require a business-like approach from both sides.

Anyone familiar with labour arbitration understands that giving judges the power to impose settlements typically means saw-offs for both parties. The two sides often get about half of what they asked for as deals are cut down the middle. If this is the case with the new tribunal, it will require a major attitude adjustment on the part of Canada’s native communities. Because from what we have seen and heard to date, the most vocal of Canada’s natives have little interest in giving up anything other than their threats to wreak havoc.

Thus, Taylor seems skeptical that the new process could work much better than the current ‘hostage’ approach, unless the more radical elements can be somehow reigned in.

If Canada’s natives decide to focus exclusively on past injustices, ignore good faith efforts by Canadian governments and refuse to accept honest compromises in current negotiations, the rest of the country may well decide there is no point to negotiating at all.

There are many groups in Canada who feel that they have been harmed in some way by the Canadian government. Some have accepted gestures of regret, such as the Chinese Head Tax reparation, even though nothing can take away all the pain and injustice.

I think Canadians want to do right by the natives, but they also want fairness and equality. If rail blockades and situations like Caledonia are allowed to continue to grow and fester, there may come a ‘tipping point’ whereby the lack of compromise may very well work against native goals in the form of a public backlash.

And that will not help anyone.