Alberta Premier Danielle Smith's Sovereignty Act Within a United Canada has drawn criticism from all directions. While the bill awaits royal assent in the legislature, the latest claim opponents have been making is that the bill somehow infringes upon indigenous treaty rights. Chiefs from several first nations have demanded the bill be withdrawn and they are doing so with Saskatchewan's Saskatchewan First legislation as well. Prime Minister Justin Trudeau has expressed concern that the bills violate indigenous treaty rights and NDP supporters are echoing that claim. .I have searched and scoured through both the text of Alberta's Bill-1 and a number of treaties and for the life of me, I can't find a treaty right that is being threatened. .I then put the question out on social media. I asked on Twitter which treaty rights have been infringed upon with these provincial bills asserting provincial rights. While I garnered some vitriolic responses from the usual NDP-type suspects including the usual accusations of racism for having dared ask, not a single one could name which treaty rights were being violated. .The reason nobody can name which treaty rights are being violated or threatened is simple. No rights are being threatened or violated. .Treaty rights have long been used as a means to quell political discourse and protect the legislative status quo. It's something of a political trump card that gets pulled when somebody wants to shut down efforts to make legislative changes. A person will declare treaty rights are being violated, the proponents of legislation are suddenly on the defensive, and the legislation is often dropped for fear of upsetting indigenous communities. The problem is, most people have never actually taken the time to read treaties to see what rights those documents do or don't bestow upon indigenous bands. .Every treaty is available on the internet in full and they are remarkably short, simple documents. .Most of the text within a treaty is spent defining terms and defining the boundaries of new indigenous reserves. A large part of the treaties go into detail on how indigenous signatories are ceding all further claims to lands and rights outside of what the treaty determines. That section of treaties is the most abused one in modern times. .Aside from that, the treaties tend to call for things such as a small annual stipend for Chiefs and Headmen along with the provision of some agricultural implements. .In Treaty 6, the Crown is obligated to provide ammunition and guarantee hunting rights for indigenous citizens on their reserves. This is where some legislation is indeed threatening treaty rights, as Prime Minister Trudeau's Bill C-21 could lead to the seizure of the firearms that indigenous citizens use for hunting. .Treaty 1 and Treaty 2 call for the provision of schools for the children on reserves. Yes, while many people don't like to talk about it, access to residential schools was enshrined as a right in some treaties. .Most of the things people reference as being treaty rights in Canada are actually rights and benefits conferred by the Indian Act. There are many things wrong with that act but it isn't entrenched within treaties. It can be amended or even scrapped. .Treaty rights have been violated before but it usually is a matter of land being taken or obligations for land not filled. Our courts have been settling many of those disputes. .When it comes to the legislation being entrenched within Alberta and Saskatchewan asserting provincial rights, there is no conflict with any treaties. .Before indulging somebody's point when they claim a treaty right is being violated somehow, ask them which right and within which treaty. It's now easy enough check online right on the spot with one's phone. Chances are, no right is actually being violated. .With the ability to instantly fact check claims of treaty rights, we should be calling out those claims as soon as we hear them. They have hampered rational policy discussion for too long already and we don't need to let that happen anymore. .Get out there and read those treaties.
Alberta Premier Danielle Smith's Sovereignty Act Within a United Canada has drawn criticism from all directions. While the bill awaits royal assent in the legislature, the latest claim opponents have been making is that the bill somehow infringes upon indigenous treaty rights. Chiefs from several first nations have demanded the bill be withdrawn and they are doing so with Saskatchewan's Saskatchewan First legislation as well. Prime Minister Justin Trudeau has expressed concern that the bills violate indigenous treaty rights and NDP supporters are echoing that claim. .I have searched and scoured through both the text of Alberta's Bill-1 and a number of treaties and for the life of me, I can't find a treaty right that is being threatened. .I then put the question out on social media. I asked on Twitter which treaty rights have been infringed upon with these provincial bills asserting provincial rights. While I garnered some vitriolic responses from the usual NDP-type suspects including the usual accusations of racism for having dared ask, not a single one could name which treaty rights were being violated. .The reason nobody can name which treaty rights are being violated or threatened is simple. No rights are being threatened or violated. .Treaty rights have long been used as a means to quell political discourse and protect the legislative status quo. It's something of a political trump card that gets pulled when somebody wants to shut down efforts to make legislative changes. A person will declare treaty rights are being violated, the proponents of legislation are suddenly on the defensive, and the legislation is often dropped for fear of upsetting indigenous communities. The problem is, most people have never actually taken the time to read treaties to see what rights those documents do or don't bestow upon indigenous bands. .Every treaty is available on the internet in full and they are remarkably short, simple documents. .Most of the text within a treaty is spent defining terms and defining the boundaries of new indigenous reserves. A large part of the treaties go into detail on how indigenous signatories are ceding all further claims to lands and rights outside of what the treaty determines. That section of treaties is the most abused one in modern times. .Aside from that, the treaties tend to call for things such as a small annual stipend for Chiefs and Headmen along with the provision of some agricultural implements. .In Treaty 6, the Crown is obligated to provide ammunition and guarantee hunting rights for indigenous citizens on their reserves. This is where some legislation is indeed threatening treaty rights, as Prime Minister Trudeau's Bill C-21 could lead to the seizure of the firearms that indigenous citizens use for hunting. .Treaty 1 and Treaty 2 call for the provision of schools for the children on reserves. Yes, while many people don't like to talk about it, access to residential schools was enshrined as a right in some treaties. .Most of the things people reference as being treaty rights in Canada are actually rights and benefits conferred by the Indian Act. There are many things wrong with that act but it isn't entrenched within treaties. It can be amended or even scrapped. .Treaty rights have been violated before but it usually is a matter of land being taken or obligations for land not filled. Our courts have been settling many of those disputes. .When it comes to the legislation being entrenched within Alberta and Saskatchewan asserting provincial rights, there is no conflict with any treaties. .Before indulging somebody's point when they claim a treaty right is being violated somehow, ask them which right and within which treaty. It's now easy enough check online right on the spot with one's phone. Chances are, no right is actually being violated. .With the ability to instantly fact check claims of treaty rights, we should be calling out those claims as soon as we hear them. They have hampered rational policy discussion for too long already and we don't need to let that happen anymore. .Get out there and read those treaties.
