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A question of rights — for all of us

An ugly exchange took place in the Manitoba legislature between Progressive Conservative Red River North MLA Jeff Wharton and NDP Premier Wab Kinew on Tuesday. Check it out here, starting at 2:48:51.

“I want the permanent record of this Assembly to show that when I was talking about the fact that my father was not allowed to vote in this country, the member for Red River North said in a sarcastic voice: ‘Wah wah,’” Premier Kinew said.

Premier Wab Kinew (Mike Deal / Free Press files)

Premier Wab Kinew (Mike Deal / Free Press files)

The exchange came during a particularly testy debate surrounding the provincial government’s introduction of Bill 50, the Constitutional Questions Amendment Act — which would require any provincial government in Manitoba to seek the input of an appeal court judge before invoking the Canadian Charter’s “notwithstanding clause.”

For anyone who doesn’t know, the notwithstanding clause refers to Section 33 of the Canadian Charter of Rights and Freedoms, which allows for federal and provincial governments to temporarily override certain rights and freedoms to pass legislation that might otherwise be struck down by the courts.

In order to get the Charter passed in 1981, Section 33 was a sort of compromise to allow a temporary override on sections where governmental goals and fundamental freedoms (Section 2), legal rights (Sections 7-15), and equality rights (Section 15) might conflict.

Notice the word “temporary” — as Section 33 was intended to provide time for governments to address any conflict while working in the interests of the people.

ALL people.

Unfortunately, the notwithstanding clause has been used far more for an end-run around rights or, worse, the favouring of one group’s rights over another.

The Canadian Civil Liberties Association has identified the many ways that provincial governments — including most recently in Alberta — have used the notwithstanding clause to enact legislation that targets racial groups, members of the 2SLGBTQ+ community and other marginalized individuals.

The notwithstanding clause therefore is a tool some politicians use to limit or eliminate rights. Rights such as, well, voting.

As if to prove the point of the legislation, the mocking of the fact First Nations people did not get the right to vote in Canadian elections until 1960 is a terrible look by one of the senior leaders in Manitoba’s Progressive Conservative party.

This is especially true for a party led by a leader who promised more respect for Indigenous peoples and better decorum and which sanctioned that same MLA for Red River North after he was found guilty of violating the province’s conflict-of-interest law in pushing for a silica sand mining project, for which he had to pay a $10,000 fine.

“I apologize for any of my conduct which was found to fall short of my parliamentary obligations or personal standard of ethics,” Wharton said after being disciplined by his own party for those violations. “I will do better.”

Apparently “doing better” includes making light of racism.

Progressive Conservative MLA Jeff Wharton (Ruth Bonneville / Free Press files)

Progressive Conservative MLA Jeff Wharton (Ruth Bonneville / Free Press files)

In this era of political acrimony, making light of Canada’s mistreatment of First Nations people should never be tolerated, especially in the context of debate.

It’s also proof racist acts don’t go away on their own but require political, legal and social intervention to be identified, addressed and processes to ensure they do not happen again.

Interventions like Manitoba’s Bill 50.

 

Niigaan Sinclair, Columnist

 

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FIVE STORIES ON TURTLE ISLAND

This week witnessed the opening ceremony and arguments of a potentially groundbreaking case at the Canadian Human Rights Tribunal against the Canadian federal government for its funding model for First Nations schools.

Legal counsel for the Mississaugas of the Credit First Nation is alleging Canada’s current educational funding model for on-reserve schools is “inadequate, racially discriminatory and perpetuates the colonial harms inflicted on children at residential schools.”

The case argues First Nations schools in Ontario are fundamentally different and face disadvantages and demands that go unaddressed and therefore result in wide gaps of educational attainment between on-reserve and Canadian students.

If successful, a CHRT ruling could be as revolutionary as the tribunal’s past decisions on child welfare on First Nations.


In Calgary this week, the BHP Foundation announced $16 million in funding to improve Indigenous-led entrepreneurship and business education across Canadian colleges and three Indigenous educational institutions.

The Mamawi initiative will encourage educational institutions to create opportunities for Indigenous learners to be trained, get mentorship and participate in research that can equip them in becoming entrepreneurs, to start ventures and create economic opportunities in communities.

Speaking of economic reconciliation, the University of Manitoba is hosting a discussion in a few weeks with local Indigenous business leaders on this very topic — check it out here.


Controversy is emerging about the way some convicted individuals in Canada use Gladue reports to falsely claim Indigenous identity in order to reduce or alter their sentences.

In 1999, Canada’s Supreme Court ruled that judges must take into consideration the influence of traumatizing events such as land and cultural loss, residential schools, the Sixties Scoop or experiences with the child-welfare system when sentencing Indigenous offenders.

For years now scholars, researchers and Indigenous leaders have been pointing out that some individuals are claiming Indigenous identity falsely by simply “self-identifying” without any legitimacy and that an “identity verification” system is needed.

There is enough evidence to suggest some nefarious Canadians are using Gladue principles to try to lighten their sentences and something must be done about it.


Speaking of people falsely claiming to be Indigenous for personal benefit, the House of Commons Indigenous and Northern Affairs committee has received a report calling for immediate legislation to stop non-Indigenous businesses from posing as “Indigenous businesses” and gain lucrative government contracts.

Last year a media and academic investigation revealed widespread concerns non-Indigenous companies were finding ways to circumvent lax verification rules to convince the government they were at least 51 per cent owned by Indigenous people.

This resulted in the removal of more than a thousand Canadian businesses from the federal registry, but there is much more work to do.


According to new research, the U.S. government shutdown is exposing deep flaws in how the United States federal government fulfils its economic commitments under treaties.

Native American communities are deeply feeling the impacts from the shutdown, and there are instances of corruption, harm and division emerging as a result.

This was all predictable and is solveable if people are put before profit, personal interests and politics.

The question is, will U.S. politicians — and in particular Republicans — care enough about people to do something about it?

IN PICTURES

Minister of Northern and Arctic Affairs and Minister Responsible for the Canadian Northern Economic Development Agency Rebecca Chartrand chats with Jim Ludlow, president of True North Real Estate Development, at the under-construction Wehwehneh Bahgahkinahgohn building earlier this month. (Mikaela MacKenzie / Free Press)

Minister of Northern and Arctic Affairs and Minister Responsible for the Canadian Northern Economic Development Agency Rebecca Chartrand chats with Jim Ludlow, president of True North Real Estate Development, at the under-construction Wehwehneh Bahgahkinahgohn building earlier this month. (Mikaela MacKenzie / Free Press)

RECONCILI-ACTION OF THE WEEK

Every week I highlight an action, moment, or milestone forwarding reconciliation, illustrating how far Canada has come — and how far the country has yet to go.

This week’s reconciliaction of the week is the passing of Bill 210, the Indigenous Veterans Day Act, in the Manitoba legislature.

The act officially states Nov. 8 as the day in which all Manitobans will recognize the contributions and sacrifices of First Nation, Inuit, and Métis veterans and acknowledge the racism and prejudice they faced in order to promote reconciliation.

Since 1994, Nov. 8 was used by Indigenous veterans who have felt not included in Remembrance Day (Nov. 11) but now will be recognized in this province by all of us.

As the grandson of both a Canadian and an Indigenous veteran, I am happy to live in a place where both will be finally recognized for the incredible gifts they have given all of us in this country.

 
 

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