The Guardian (Charlottetown)

DISAGREES WITH MILL RIVER COURT DECISION

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I couldn’t disagree more with the P.E.I. Court of Appeal ruling against the P.E.I. Mi’kmaq and their legal title to 300-plus acres at the Mill River Resort. It was particular­ly egregious to see the language of the judgment refer to the “weakness” of the Mi’kmaq claim. I wonder how much members of that court actually know about the horrific history of Indigenous Peoples and colonizati­on in Canada involving stolen land, broken treaty promises and forced dislocatio­n from their traditiona­l territory.

Have not the P.E.I. Mi’kmaq, the original inhabitant­s, lived off this land for some 12,000 years? Is there some comprehens­ive land treaty between the Mi’kmaq and non-Indigenous people on P.E.I. that I’m not aware of? Is there a legal document that the Court of Appeal can point to that shows definitive­ly that the Mi’kmaq extinguish­ed their title to the land on P.E.I.?

As I understand it, they signed Peace and Friendship treaties with colonial government­s that scrupulous­ly stayed away from the Mi’kmaq ceding title to the land. So, on what legal basis is the Mi’kmaq claim weak when you consider that they have inhabited that same land for over 12,000 years? One would think that the longer the Mi’kmaq inhabited this unceded territory, the stronger their legal claim to the land should be.

This judicial ruling, then, is especially disappoint­ing at a time when this country is supposed to be seeking reconcilia­tion with our First Peoples. It’s troubling that members of the P.E.I. Court of Appeal have not been following the general trajectory of recent Indigenous jurisprude­nce at the Supreme Court of Canada level.

Perhaps Senator Murray Sinclair, the former Chief Commission­er of the Truth and Reconcilia­tion Commission, put it best in a recent op-ed piece: “… Lawmakers, judges and lawyers are the gatekeeper­s to the justice system. Until they understand the truth of our history and their role in making change, our country will not be able to move forward.” In short, when are people in high places going to start hearing that message —and then, more importantl­y, acting on it?

Peter McKenna is a professor in the Department of Political Science at UPEI.

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