One set of laws for all
Author:
Tanis Fiss
2005/11/13
Canadians rightfully spoke out against apartheid in South Africa, but are strangely silent when it comes to Canada's own system of segregation. As South Africa abolished apartheid; Canada's system of segregation remains alive and well.
The Indian Act was first introduced in 1876. Although the paternalistic and demeaning act has undergone several amendments since its inception, it still remains. The Indian Act is not the only piece of legislation that applies exclusively to native Canadians; for example, the Indian Oil and Gas Act, and the First Nations Land Management Act to name but two.
But even having one piece of legislation that targets one segment of society, Canada segregates native Canadians from society. Thus, native Canadians are not able to fully participate in the economy.
As former National Chief of the Assembly of First Nations, Matthew Coon Come stated, "Our land base is largely isolated from markets and technologies…The costs of doing business on our lands are six times higher than they are in the rest of Canada. We have to go to Ottawa to approve a lease or dig a hole."
Is the federal government going to abolish the separate legislation to enable native Canadians to fully participate in the economy as equals? Not a chance. In fact, they are going to create yet another piece of legislation. Here's why.
There are several large-scale commercial and industrial projects under development on native reserves across Canada, such as the casino development at Tsuu T'ina near Calgary. Due to various regulatory gaps, many projects have been stalled. The gaps exist because when the Indian Act was written almost 130 years ago, multi-million dollar commercial developments were not considered.
Before the end of this year the federal government is expected to pass the First Nations Commercial and Industrial Development Act. The act is intended to expedite major development projects by reducing the regulatory gaps and the amount of red tape.
Specifically, the act is designed to allow the federal government to make, for a particular project on reserve lands, federal regulations that replicate provincial regulations. This sounds like a great idea, but we yet again creating separate legislation for one segment of society.
Provincial/territorial regulatory legislation has already been developed; there is no need to create new legislation. Rather than going through the expensive process to new legislation for native Canadians, the government should begin to abolish the Indian Act through amendments such as enabling the provincial/territorial regulatory systems apply to native reserves.
Sure, critics will argue that the constitution gives the federal government power to legislate specifically for "Indians and lands reserved for the Indians." True, but it does not stop the federal government from delegating its power to the provinces/territories.
Clearly, treating one group of Canadians differently is wrong both morally and intellectually. For the last 50 years the world has seen human rights legislation passed in a number of countries. All of this legislation has equality of rights and responsibility at its core. Nevertheless, Canada continues to move down the path of segregation and balkanization. It is time to end the segregation and have one set of laws for all Canadians.