Beaver Lake Cree Nation Constitutional Challenge

Trudeau Government's Definition of Reconciliation


Rally in Edmonton in support of the Beaver Lake Cree Nation court challenge,
February 19, 2019.

The federal and Alberta governments have left no stone unturned in their opposition to the constitutional challenge launched by the Beaver Lake Cree Nation in 2008 in defence of their inherent and treaty rights. At issue is the consideration of the cumulative effects of industrial development on the Nation's traditional land and way of life in project approvals.

The latest development is the appeal, heard in court on June 4, by the Alberta and federal governments of the September 2019 ruling of the Court of Queen's Bench that requires that each government provide $300,000 per year to the Beaver Lake Cree Nation in order that its constitutional challenge can proceed.

The Alberta and federal governments both have tried from the beginning to make sure the case never comes to trial. In 2008 they tried to have the case dismissed. The Alberta government claimed the action is "frivolous, vexatious and an abuse of process." The federal government said it should not be named as a defendant, attempting to wash its hands of its fiduciary obligations to the Beaver Lake Cree and ignoring the fact that the Cold Lake Weapons Range is on their territory. The court ruled in 2013 that the trial could proceed. While the cartel parties in power have changed in the intervening seven years, the refusal to negotiate in good faith and attempts to shut down the constitutional challenge remains.

What the Trudeau and Kenney governments are demanding in their appeal of the 2019 ruling on costs is that Beaver Lake should have to exhaust all its funds in order to continue to defend its claim, which the Nation has said it will not and cannot do. They are demanding that a community whose only source of clean drinking water is a water truck must choose between clean water and continuing its case. This reveals the cynicism of Trudeau's "I hear you," "no relationship more important" and promises to do better.

In its 2018 budget, the Trudeau government stated that, "Indigenous participation in modern treaty negotiations will be funded through non-repayable contributions." But the government continues with the fiction that the numbered treaties like Treaty Six, to which Beaver Lake is a signatory, are land cessation treaties and there is nothing left to negotiate. Oral history clearly shows this is not the case, not to mention that the conception of selling land does not even exist in Indigenous law, tradition and outlook which Indigenous treaty-makers were duty-bound to uphold and did uphold. Equally hypocritical are the Trudeau government's repeated promises of potable drinking water for all Indigenous people. This kind of hypocrisy underscores the necessity to modernize the Constitution of Canada so that it eliminates the colonial relationship with the Indigenous peoples and provides redress for all historical mistreatment.

The Trudeau government's stand is clear and unacceptable. Its definition of reconciliation is that Indigenous peoples must reconcile themselves to the loss of their way of life, the loss of their ability to carry out their duties as keepers of the land, and accept Might Makes Right as the law of the land. It is not going to happen. Included in the projects that have been imposed on the territory is the Cold Lake Weapons Range which is illegally occupying the Nation's traditional territories and violates the conception of peace and friendship and must be shut down.[1]

Canadians have a responsibility to stand with the Beaver Lake Cree Nation who are defending their own rights and their responsibilities to Mother Earth. The sovereign right of the Indigenous peoples to say yes or no to developments on their traditional territory must be upheld.

Notes

1. Amongst other things, the Weapons Range is the site of the annual "Maple Leaf" flag war exercises which involve NATO aircraft as well as participation from non-NATO nations including Israel, Australia, New Zealand, Sweden, Singapore, Brazil, and Colombia.


This article was published in

Volume 50 Number 21 - June 13, 2020

Article Link:
Beaver Lake Cree Nation Constitutional Challenge: Trudeau Government's Definition of Reconciliation - Peggy Morton


    

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