Is Haida Nation CHANGING TIDE “Framework” an Example of More Forked Tongue?
It took 20 years to get to this point? Hmmmm. How far advanced is “here” really?
This “framework” Agreement might be evidence of GOVERNMENT “bad faith”, not the self-proclaimed “good faith”. It seems to be a false, fraudulent, illegal ex-power structure, trying desperately not to be kicked off the land that they admittedly have no right to be on, nor make laws on, nor enforce laws on. It seems THEY are acting as if THEY actually have a position of authority to negotiate from, when none exists, historically, morally, ethically, nor at law, nor in equity.
Frankly, in my humble opinion, with respect, THEY have not got not far at all. This agreement seems to be either a repackaging of old LEGAL relationship or a further delaying tactic, where the provincial and federal LAWYERS are seeking to retain power THEY do not deserve, via a manipulative and untrustworthy LEGAL process perpetrated by GOVERNMENTAL participants and LAWYERS. (What is your trust level of GOVERNMENT and LAWYERS?)
NOTICE: This entire article and videos are the opinion of the author and does not necessarily reflect the views of The Tyee, Haida Nation, nor anyone else.
NOTE: Use of ALL CAPS indicates a LEGAL system, fiction term/word/TITLE.
Video overview of Agreement below…in the meantime consider:
Imagine FOREIGNERS coming to your home, acting nice, seeking your help and then THEY drag you forcefully out (or you exit under threat of force) and THEY banish you to a corner of the back yard, where you are harassed, abused, starved, left in the cold and worse, all while you try desperately to be recognized as the rightful house owner in foreign courts with foreign process, at great expense and decades of time passing, while the OCCUPIER slowly destroys your home and resources.
Then, people in the neighbourhood, finally, years later, say “hey, that is not right, that is your house”. So the ILLEGAL house OCCUPIER begins negotiations with you to “allow you back into your house” but only if you agree THEY still get use of the house, get to set rules for the house and its use and THEY even get to enforce THEIR rules against you!
How does that sound? Fair or Obscene?
That is basically what happened to original peoples/Indigenous, not to mention, LEGAL STATUS diminishment, residential schools, racist laws/attitudes, murder, cultural genocide, disease and more.
Sure, it’s an oversimplification, but everything needs to begin with first principles and when first principles are ignored it creates injustice, unfairness, inequity and abuse.
It is recognized at law, and in the LEGAL world, that Canada/CANADA, British Columbia/BRITISH COLUMBIA have no legitimate claim to the lands, resources or right to govern the original peoples/Indigenous.
All the governments and corporations have a history of dishonour, abuse, legal manipulations and broken promises.
Why in the world would anyone enter into ‘negotiations’ with ‘AGENTS’ representing 'ORGANIZATIONS' with that history?
It seems clearly acknowledged that the original peoples/Indigenous have a clear, recognized, first law, full jurisdictional claim to the land and all “resources” of the land which they claim. End of story. The next question is how to get the federal and provincial governments completely out of local affairs cleanly.
It’s not complicated, except to unwind the GOVERNMENT involvement. The only thing that should be negotiated is how the invaders will negotiate their own exit and hand over everything to the original peoples/Indigenous while also making them whole for all the harms caused and resources extracted. If original peoples/Indigenous want to grant any rights, or hire any services, that is secondary to a complete withdrawal.
This is not a new idea. One example, Hong Kong, which was leased for 99 years, when the British left, was handed over to China after exit negotiations. Why not do the same here? I have some ideas why THEY don’t want to. What do you think?
In some Arab nations the Arabs maintained jurisdiction over their lands and became incredibly wealthy from the resources. What went wrong here and other indigenous lands? When will it be made right, without further lies, broken promises, LEGAL games and more dishonour? That was the LEGAL/law intention of the reconciliation plans but the game continues by making it so hard to comprehend and access that it virtually is not realistically available for those it was intended for..
The Haida Nation new Agreement appears to me to be seriously flawed. If you take that as a possible view and accept that Haida land claim jurisdiction is fully recognized, really look neutrally at the Agreement and you are honourable and not biased, you might conclude something similar.
For a video walkthrough review of the Tyee article reporting the Agreement and a run through the Agreement itself check out the videos below.
ARTICLE: https://thetyee.ca/News/2021/08/19/Letter-From-Haida-Gwaii-As-History-Is-Made/
VIDEO: Overview of Haida Nation CHANGING TIDE “Framework” Agreement:
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VIDEO: Overview of Tyee Article: