I am reposting ths article here as per previous
Received: Wednesday, February 10, 2010, 1:12 PM


Dear Margarita:


Thank you for your observations. I agree Canada does not fully recognize its past, at least on the ground. We have been struggling to contend with our situation, especially in British Columbia since European settlement, but the federal and provincial governments have been ignoring us.


In Canada when the Canadian Constitution was being made Canadian in 1980 Indigenous peoples fought to have that not happen until our land rights and treaty rights were dealt with. We just did not trust Canada would do this. We had a Constitution Express train from Vancouver to Ottawa in 1980 and we lobbied the House of Commons and House of Lords in London, England in 1981. The result is that the Canadian government had to put in the Canadian Constitution 1982 that the "federal and provincial government would recognize and affirm all existing Aboriginal and Treaty Rights."


In 1997 the Supreme Court of Canada in Delgamuukw case recognized that all of British Columbia was not covered by treaty and that consequently we own British Columbia under Aboriginal Title, which is an Aboriginal Right as protected under the Canadian Constitution 1982. We just need to prove we were here since 1846. The Canadian and British Columbia government recognize that Aboriginal Title does exist in BC but we need to prove it in the courts, every square inch before Aboriginal Title can be recognized on the ground.


No community has a declaration from the court of Aboriginal Title in BC. Indigenous Peoples are not inhibited by this imposed legal strategy of Canada and BC. That is why there are slogans in BC saying, "No 2010 Winter Olympics on Stolen Indigenous Land". The Indigenous Network on Economies and Trade (INET) the group I am spokesman had an Amicus Curaie brief accepted by the World Trade Organization (WTO) and the North American Free Trade Agreement (NAFTA), in the Canada-USA softwood lumber dispute establishing that, "Canada's policy of not recognizing Aboriginal and Treaty Rights was a subsidy to Canada's forest industry".


I think no one can argue that the WTO is the highest trade tribunal in the world and the NAFTA is the highest trade tribunal in North America. Therefor - in capitalist terms - indigenous peoples are subsidizing two of the richest countries in the world by not having our Aboriginal and Treaty Rights recognized. Therefore, that couple you saw in Edmonton, as financially poor as they looked were probably the most generous of people you ever met because all those sky scrapers and wealth in Edmonton is being subsidized by their poverty.


Indigenous peoples have systemically been impoverished by Canada's Indian Act and the Department of Indian Affairs. The poverty of my parents, grandparents and great grandparents was the direct result of Canada's policy to NOT recognize our territorial land rights and force us to live our lives on our tiny little Indian reserves. The impoverishment we experienced will continue to my children, grandchildren and all future generations if Canada has its way.


Canada needs "us" poor in order to justify that they can exclusively control and benefit from our land. Canada can say how can we allow the Indigenous Peoples to control and benefit from their land, look at them they are just poor and uneducated peoples. Canada directly benefits from our systemically imposed poverty.


According to the United Nations Human Development Index, Canada was at level 1 for three years and is always at amongst the top five countries in the world, but when they apply the same criterion to Indigenous Peoples in Canada we are at level 47. The divergence between Canada's level and our level is the measurement of Canada's violation of our human rights as Indigenous Peoples. Canada knows this, that is why they are being really deceptive at the 2010 Winter Olympics.


Canada established the so called Four Host First Nations by using money. I heard they were investing about $10 - 12 million dollars to fund this group to support the 2010 Winter Olympics. These for Indian Bands are going to get a few extras like a brand new gymnasium and band office but not much more out of this money. But this money actually means more to the International Olympic Committee (IOC) and Canada because it will make it appear that Indigenous Peoples in Canada fully support the 2010 Winter Olympics. They will use the Four Host First Nations at the Opening Ceremony to make it look like all Indigenous Peoples support the IOC and Canada.


That money is just an investment in advertisement for the IOC and Canada. The IOC and Canada actually sell the Olympic advertisement right to Coca Cola, Royal Bank of Canada, CTV and other big companies for a lot more than the small amount they are giving to the Four Host First Nations and especially to Indigenous Peoples of Canada. In fact the money Canada invests in the Four Host First Nations allows Canada NOT to address 500 hundred murdered and missing woman, high suicide rate amongst young indigenous peoples, homelessness, mass poverty, high unemployment and the fact that Canada did not adopt the United Nations Declaration on the Rights of Indigenous Peoples.


The money that the IOC and Canada use to invest in advertisement regarding Indigenous Peoples is like the money athletes use to buy drugs to win Olympic Gold. The little advertisement money that the IOC and Canada invest in deceiving the world community about Indigenous Peoples in Canada and is wrongful advertisement in a very hurtful, cruel and ugly way. The IOC really undermines the high standard and goals established by the Olympics when they get involved with Canada economically self-serving strategies. The facts with regard to Canada's human rights record at the United Nations is public record and the IOC should be aware of this and put pressure on countries like Canada to improve their human rights record and not be deceptive.


Canadians should be ashamed that Canada did not adopt the UN Declaration on the Rights of Indigenous Peoples. In fact only four countries in the world did not adopt the United Nations Declaration on the Rights of Indigenous Peoples and they were Canada, United States, Australia and New Zealand. Actually Australia has reversed their decision and New Zealand and the USA are reconsidering their position It is only Canada that is not giving it any reconsideration.


In fact out of all the countries that are participating at the 2010 Winter Olympics it is only Canada that I protest attending because all the other countries in the world adopted the Declaration or are reconsidering it. Canadians should be ashamed that out of all the countries in the world they are the most "red neck" country when it comes to Indigenous Peoples. Yes, I can kind of agree that in Canada, we are an invisible peoples, but that is primarily due to the fact that it is Canada's position to ignore our Aboriginal Title and Treaty Rights and want to assimilate us into their settler culture.


I think getting the news out that Canada is not that good country when it comes to Indigenous Peoples is really important. I like your question and I think you should let Mexico know that Canada, when it told Mexico that Indigenous Rights could not be recognized vis-a-vis the North America Free Trade Agreement was not true because in Canada, Canada does have very clear recognition of our rights both constitutionally and judicially. Canada must be embarrassed to recognize our Aboriginal and Treaty Rights on the ground and abandon the Colonial Doctrines of Discovery. They must be told to quit the policy of extinguishment and assimilation and adopt a policy of recognition and coexistence with Indigenous Peoples They must be told to quit being a cowboy and Indian state and mature and recognize the human rights of all Indigenous Peoples around the world.


Arthur


p.s I sent this to a lot of my friends,