u/HotterRod

26.9k post karma · 71.2k comment karma · joined May 2013

HotterRod

That was Jody Wilson-Raybould's solution: let the Indian Act die by gradually moving one Nation after another onto a modern treaty.

HotterRod

So how do we determine if a patient is indeed in a terminal state, and thus eligible for MAID under such conditions?

This decision should be between a patient, their doctor and the doctor's college. There's no place for the state in the hospices of the nation.

HotterRod

It's like the Iran Hostage Crisis.

HotterRod

to my team of 2nd and 3rd gen immigrants?

Aren't these the audience that land acknowledgements are actually useful for? Definitely not at every meeting, but letting them know whose territory you're on is good information for them.

HotterRod

I asked ChatGPT to estimate the net present cost of all treaty obligations, outstanding claims, compensation, etc. and it came up with a central estimate of $420 billion with wide error bars, using a 3% discount rate.

The Royal Commission was just talking about negotiating new treaties, not paying back obligations for breaking old treaties, compensating victims of unjust government programs, etc.

HotterRod

About 50% of bands have their own Membership Codes, so you can join those ones. The Indian Act controls membership for the other half, and the federal government has decided to do that using blood quantum.

HotterRod

Constitutional scholars, Canadian courts, and Indigenous leaders have consistently rejected this terminology. In Canadian constitutional law, Aboriginal and treaty rights are recognized not as racial classifications, but as political and collective rights held by distinct, self-governing societies that occupied the land prior to European contact and the assertion of Crown sovereignty.

It's a shame we've never had this explicitly in a court ruling like the US's Morton v. Mancari. It would help clarify things for people.

HotterRod

The Case of Tanistry in 1608 established that imposing sovereignty of the British Crown doesn't automatically extinguish Indigenous title ("the King is not a despot" the ruling says). The Royal Proclamation of 1763 just established that treaties were the mechanism by which title could be extinguished.

HotterRod

The solution to kill the Indian Act was laid out in the 1996 Royal Commission on Aboriginal Peoples: negotiate a modern treaty with every First Nation that removes their members from the Act, then simply let the Act die when there isn't a single person left that it applies to.

HotterRod

Effectively the entire population would move to cities and all resource extraction jobs would have to be fly-in-fly-out.

HotterRod

Theoretically, section 35 of the charter affirms the rights of native people so there’s technically no need for the Indian act anymore in that sense.

There's a need to implement those rights. That's gotta be some kind of Act.

HotterRod

Provinces subsidize rural municipalities.

HotterRod

That's not true at all. The Tenures Abolition Act of 1660 converted feudal tenures into privacy property - the aristocrats got to lose their obligations to the Crown and keep their property (their payments to the Crown were replaced by sales taxes). The Slavery Abolition Act of 1833 paid slave owners the market value for their slaves. The Law of Property Act of 1922 required tenants to pay compensation to lords to convert copyholds to freeholds. And they got to keep their positions in the House of Lords until April 2026.

HotterRod

Most of what the federal government is currently paying is equalization payments to First Nations governments to provide the services that settlers are getting from provincial and municipal governments. If reserves were converted to municipalities, the people living there would still need government services - those expenses wouldn't just disappear.

HotterRod

it would need to go so far as to involve a complete re-conceptualization of Canada as a country

It would help if people actually understood how Canada works as a country now. The Royal Proclamation of 1763 is sometimes called the "Indigenous Magna Carta", yet very few people even know what it is.

HotterRod

Just pay out the value of the treaties to each person.

The fair value of extinguishing rights that are supposed to apply to all your descendants forever would be staggering. I don't think voters would accept it.

The 1996 Royal Commission on Aboriginal Peoples estimated that modern treaties could be signed with every Nation in Canada for $30 billion and the politicians at the time considered that unacceptably high.

HotterRod

It would be awesome if anyone living in Quw’utsun territory could become a member by passing a citizenship test in Hul'q'umi'num'.

HotterRod

Abolishing the Indian Act works out in favour for those bands that already have treaties. They would lose the remaining paternalistic oversight mechanisms of the Federal Government, while gaining stronger economic authority and autonomy over their lands and title.

The bands with modern treaties in BC already aren't covered by the Indian Act and they control their own membership. Although many of their members still get Indian Status for the rights that gives you off reserve.

HotterRod

Kinew certainly meant that the Indian Act should be replaced by modern treaties with each Nation that includes sovereignty over their own citizenship. Same as what the 1996 Royal Commission on Aboriginal Peoples recommended.

HotterRod

Kinew certainly meant that the Indian Act should be replaced by modern treaties with each Nation that includes sovereignty over their own citizenship. Same as what the 1996 Royal Commission on Aboriginal Peoples recommended.

HotterRod

Kinew certainly meant that the Indian Act should be replaced by modern treaties with each Nation that includes sovereignty over their own citizenship. Same as what the 1996 Royal Commission on Aboriginal Peoples recommended.

HotterRod

A bunch of municipalities in BC just elected councillors who vowed to fight the provincial housing targets and then a week later they elected a provincial government that will get rid of the targets.

HotterRod

BC is really that conservative. In the 21 elections since WW2, the left wing party has only won 5 of them.

HotterRod

The Parti Québécois is socially conservative. They're against trans people, Muslims and First Nations rights.

HotterRod

Have you read anything about the Cowichan Tribes case?