‘Deliberate’ behaviour has infiltrated our government

Legal harassment of First Nations occurring in front of world

You don't have to look very far to find examples of 'systemic racism' in Nova Scotia. We have had numerous examples of it throughout Canadian history, starting with the passage of the Indian Act, 1876 which is still in force today

That piece of federal legislation laid the groundwork for Canadian governments to practice racism unrestrained under the guise of the legitimacy of Parliament.

Of course, some of the worst examples of systemic racism took place at residential schools. They continued throughout the 20th century.

But not surprisingly, racism has infiltrated our government, which acts as the representative of certain groups of people competing for the same natural resources of the country.

No better example of that is found than between the Department of Fisheries and Oceans (DFO) and First Nations harvesters in the fishery.

After intense lobbying from ‘nonindigenous fishers', DFO seized 196 traps owned by harvesters that had been authorized by indigenous leadership in Potlotek and Eskasoni First Nations. They face yet another example of an unjust seizure of First Nations assets.

DFO's actions were motivated with the full support of non-indigenous fishers, even after they had attacked Mi'kmaq fishing communities, destroyed their equipment, damaged buildings, set fire to fishing vessels and threatened families.

All of this is an outrageous manifestation of “systemic racism!” Where are the severe consequences? Where is the public outrage? How do these truths advance so-called reconciliation under the guidelines of the Truth and Reconciliation commission?

Systemic racism is deliberate. Keeping First Nations communities in constant legal self-defence, forcing them to spend large sums of their money in court and on legal advice. First Nations are fighting for fishing rights they have had for hundreds of years.

But once again the Nova Scotia government and private fishers are unjustly challenging the "legal authority" of the Mi'kmaq to exercise and regulate their fishing rights. This is happening even after Canada's Supreme Court in 1997 confirmed that these rights were already embedded in the Peace and Friendship treaties of the 18th century.

Yet the federal government and private fishers refuse to acknowledge this fact, even though these rights are recognized under national and international law. Canadian law includes all of the treaties signed by successive governments. But somehow First Nations are treated differently and unfairly.

The treaties are affirmed by Canada's Constitution in sect. 35. To ignore their intent is a serious omission and exposes Canada as a predator against First Nations rights. For hundreds of years, the Mi'kmaq fished under their own rules, regulating their fishery and determining what their livelihood required.

In fact, Mi'kmaq fishers were excluded from Canada's fishing industry altogether for over 200 years. The recent imposition of a "moderate livelihood" standard on Mi'kmaq fishers is a slap in the face of a First Nation that could freely exercise that right long before Nova Scotia became a province.

So self-defence is the only go-to strategy to prevent the constant interventions of the federal government. This month, Indigenous fishers are launching another class-action suit against the Federal Crown.

Will the federal government learn from its continuing legal harassment? It remains to be seen. The Trudeau government does this in front of the world, hidden in plain view. Trudeau falls back on words like “we know there is a lot more to do.” But he follows with inertia and hypocrisy.

Here in Cape Breton some local media have done a terrible job of analysing and reporting these events as they unfold on the island. Cape Breton is where this is all happening but the story gets superficial coverage and no follow up.

Yet related stories across the country confirm the widespread presence of systemic racism, deeply embedded in our relations with First Nations. Where is the local CBC on these stories? They are not just national events. They are local events involving all of us right here!