On Feb. 14, Prime Minister Justin Trudeau announced in the House of Commons the commitment to develop a “Recognition and Implementation of Rights Framework” relating to Indigenous peoples in Canada. The framework is to ensure that the recognition of Indigenous rights, including Indigenous self-determination and the inherent right of self-government, is the foundation of all relations between the federal government and Indigenous peoples.
Since the announcement, many First Nations leaders and community members have discussed, debated and, in some instances, questioned the meaning and intent of the prime minister’s speech. This is to be expected. Trudeau himself recognized in his speech that skepticism is inevitable, given the history of Canada’s broken promises to Indigenous peoples.
These broken promises are not just in the distant past. Legislative and policy changes to implement Aboriginal title and rights are necessary because of Canada’s recent past. When Section 35 of the Constitution was adopted in 1982 “recognizing and affirming” Aboriginal rights, transformative change should have occurred. It didn’t, primarily because governments chose to maintain the same positions and views that had dominated throughout Canada’s colonial history.
Since then, we have seen some positive developments, such as frequent victories by Indigenous peoples in the courts, the current government’s full endorsement of the United Nations Declaration on the Rights of Indigenous Peoples and support for Bill C-262, which would establish a path for implementing the declaration through legislation. However, none of these are the transformative change that is required. What is needed, to truly begin addressing Canada’s colonial reality, is bold legislative and policy action such as the prime minister laid out.
Against this backdrop, how should Indigenous peoples react to the moment in time we are in? While skepticism is necessary and healthy, it would be a grave error to allow that skepticism to become a basis for inaction or resignation to the status quo. For generations, Indigenous peoples have fought to have our right of self-determination, autonomy, governments and laws recognized and respected. Today, we have a government that is at least speaking the language of doing this. We must seize the moment and lead to create the change that is required.
Now is not the time for Indigenous peoples to wait and see what the federal government’s next steps are. Now is not the time to see if the government solves the “Indigenous problem.” It’s not the time to complain. Complaining is the easy thing to do. What we should be doing, as generations before us have done, is to identify the solutions and push them forward.
Since the prime minister’s announcement on the framework, certain Indigenous commentators have argued that there hasn’t been enough consultation with Indigenous peoples. It has been more than two decades since the Royal Commission on Aboriginal Peoples was written — the most extensive examination ever done of what needs to happen to address our colonial reality. In addition, there have been countless engagements, processes, studies and efforts to identify the basic work needed to entrench the recognition of rights. We know what must be done. It is a time to act.
Approaching the 50-year anniversary of the infamous “white paper,” First Nations are still struggling to cast aside the imposed Indian Act and replace it with their true nation-based governance structures. We can’t wait another 50 years, let alone five years, and continue with the status quo. Indigenous peoples do not have time to begin another long, drawn-out, conversation or wait for another failed Charlottetown accord. We have 35 years of clear court direction — including the historic Tsilhqot’in Nation decision that legally settles the outstanding land question, the calls to action of the Truth and Reconciliation Commission, and the UN declaration. We have a responsibility to act and achieve justice.
If we don’t seize the moment that is before us, if we succumb to fear-mongering, Indigenous peoples will have to accept some of the blame if the result is government inaction or improper action. The onus is on us to take advantage of the opportunities today, for which our ancestors and previous leaders sacrificed, to rebuild our Indigenous nations and governments, and implement our rights.
The time for endless talk, divisive rhetoric and hollow speeches is over; 150 years has passed, and Indigenous nations need to act and realize their power and place of partnership in this country we call Kanata/Canada.
Aaron Sumexheltza is a lawyer, and chief of the Lower Nicola Indian Band.
