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‘What Happened To Legal Equality?’

In attempting to cope with the high proportion of aboriginals in Canadian prisons, Parliament and our judicial leadership have unfortunately resorted to differential treatment based on race/heritage:

“Aboriginal-specific programs within correctional institutions should acknowledge THE UNIQUE EXPERIENCES AND NEEDS OF ABORIGINAL OFFENDERS. One of the most striking facts, is that aboriginal people are clearly over-represented in both provincial and federal correctional institutions…” {CAPS added} 

http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html

ERBLEqualityBeforeAndUnderLaw800x800And, of course, there’s also this:

“Criminal Code, Section 718.2:
“(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, WITH PARTICULAR ATTENTION TO THE CIRCUMSTANCES OF ABORIGINAL OFFENDERS” {CAPS added}

http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html
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That discriminatory clause is what the Supreme Court based its ‘Gladue’ ruling on, and has produced the ‘Gladue’ courts {see below}.

However, it conflicts directly with Section 718.2(b), THREE LINES ABOVE IT in the Criminal Code text:

“(b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances”

We need to start living up to CANADIAN values, and the legal equality of all individual citizens as stated in Section 15(1) of the Charter:

“‘Equality before and under law, and equal protection and benefit of law’
(1) “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” 

Continue reading ‘What Happened To Legal Equality?’

‘Is Canada Coming Unravelled?’

“What do they have to teach us? We’ve been around for thousands and thousands of years… History didn’t begin when those guys got lost trying to find a new world. We weren’t lost, they were lost…
They have nothing to tell us of how to run our communities…”

ERBLIsCanadaComingUnravelled800x800The federal Government — ‘Liberal’, at the time — started offering “self-government” to Indian bands in the 1990s, deliberately and undemocratically defying the Canadian people, who had VOTED DOWN the concept as part of the ‘Charlottetown Referendum’. The current government has continued down this path, allowing bands “self-government” as an alternative to the Indian Act.

The problem with this approach is that the Indian leadership regard “self-government” and constitutions as steps along the path to independence and nationhood. The government is playing with fire, and Canada’s future is at stake…  Continue reading ‘Is Canada Coming Unravelled?’

‘Health Care Is NOT A Treaty Right’

Welcome to another episode of ‘Canadian Mythology’:
Today’s Episode — “Treaties guarantee free health care for aboriginals”

ERBLTreatyRightsEqualsFreeHealthCare800x800“Treaty Number Six was unique as it was THE ONLY TREATY OF ITS SORT WITH AN IMPLIED PROVISION FOR HEALTH CARE. It allows a medicine chest to be kept in the home of an Indian agent for the use and benefit of the aboriginals.

“Some aboriginals have interpreted this provision as extending to all who signed the Numbered Treaties. It is also interpreted by some as a promise by the federal government to provide free health care to every aboriginal person in Canada — forever.”

–“1876 – 1877: The Indian Act, 1876 and Numbered Treaties Six and Seven”
{CAPS added}

http://www.canadiana.ca/citm/themes/aboriginals/aboriginals8_e.html

treaty6mapWell then — let’s investigate, shall we?  Continue reading ‘Health Care Is NOT A Treaty Right’

‘The Course of History…’

“It was not a contest between Indian cultures and European civilization, but rather one between Indian cultures and all the civilizations of the Old World taken together.

ERBLTheCourseOfHistory800x800“Because the peoples of Europe, Asia and Africa had been in contact with each other for millennia, European civilization had incorporated within itself the advances of other civilizations past and present, including Babylonian astronomy, Jewish monotheism, Greek philosophy, Roman law, Indian mathematics (the decimal system), and Chinese technology (printing, gunpowder, the compass).  Continue reading ‘The Course of History…’

‘Undermining the Rule of Law’

“Dressed up as bogus claims of Treaty ‘partnership’ and ‘sovereignty’ rights, successive court rulings and government policies have knowingly compromised the rule of law by granting special privileges based on ‘race/heritage’.

“This is extremely dangerous. 

ERBLUnderminingTheRuleOfLaw800x800“Corporate ‘First Nations’ are now claiming their genetic inheritance gives them the right to become a co-ruling class in Canada. They are demanding to sit at the ‘top table’ alongside the government. Yet, this is anathema to democracy — it not only undermines the rule of law, but also corrupts our system of government…  Continue reading ‘Undermining the Rule of Law’

Petition to END RACE BASED LAW in Canada

PETITION TO THE HOUSE OF COMMONS

WE, the undersigned citizens of Canada, draw the attention of the Government of Canada to the following:

THAT whereas the Indian Act and Section 91(24) of the Constitution Act, (1867) have divided Canadians by race and heritage; have perpetuated the unequal treatment of Canadian Indians, providing the legal framework for segregation via the reserve system; have prevented reserve Indians from equal provincial educational access; have prevented reserve Indians from having the full legal, economic and property rights and opportunities of other Canadian citizens;

AND whereas the inclusion of Sections 35 and 25 in the Constitution Act (1982) have divided Canadians by race and heritage; have disrupted legal commercial and exploration activities; have introduced legal uncertainty into property ownership; have left some Canadians without proper police protection, as in Caledonia, Ont.; and have left most Canadians with diminished rights with every expansion of ‘indigenous rights’ based on Section 35;

AND whereas the inclusion of “with particular attention to the circumstances of aboriginal offenders” in Section 718.2(e) of the Criminal Code (R.S.C., 1985, c. C-46) has resulted in a two- tiered system of justice, wherein Canadians receive different legal outcomes, depending on their race/ethnic heritage;

AND whereas the United Nations “Declaration on the Rights of Indigenous Peoples” contains provisions that are fundamentally incompatible with Canada’s constitutional framework;

THEREFORE, your Petitioners call upon the Government of Canada to take the following actions:

THE passage of the repeal of the Indian Act;

THE passage of the removal of “with particular attention to the circumstances of aboriginal
offenders” in Section 718.2(e) of the Criminal Code (R.S.C., 1985, c. C-46);

THE removal of Canada’s signature from the United Nations “Declaration on the Rights of
Indigenous Peoples”;

THE calling of a Constitutional conference, pursuant to Section 35.1 of the Constitution Amendment Proclamation (1983), leading to the repeal of Sections 35 and 25 of the Constitution Act (1982), and Section 91(24) of the Constitution Act (1867);

THE active encouragement of the provincial legislatures to do the same, or via provincial referenda; and the calling of a federal/provincial Constitutional conference to finalize these changes desired by the people of Canada, including setting a date for the final termination of Treaty and land claims submissions.

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Petition signed by the citizens of Canada.
Name & Address (city, province, postal code)

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Please note, this part is for information purposes only and does not form any part of the Official Petition.

DOWNLOAD AND PRINT PETITION
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*Note that the pages must be free of erasures and contain only original signatures and addresses written directly onto the front AND also the back of the petition page.

The request contained in the Petition to END RACE BASED LAW has been reviewed by Richard Bernier, Procedural Clerk and Clerk of Petitions, House of Commons, and found to meet the official requirements.

Names will not be used in any way other than for the purposes of this Petition conforming to the requirements of the Canadian Government, it is to be presented to the House of Commons.

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Contact: endracebasedlawpetition@gmail.com

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SIGN ONLINE

Petition to END RACE BASED LAW

not legal,

as the printed and signed version is,

but it’s worth signing anyway.

endracebasedlaw.com/online-petition

VIDEO:
END RACE BASED LAW Radio-2 “The Petition” with Gerry Gagnon & Michele Tittler
http://youtu.be/2wXXsOcHk6w

Why End Race Based Law?

Canadians believe in equality, that all men and women have equal rights. We have determined that all shall be treated fairly and that no one shall be shut out of Canadian life, and especially that no one shall be shut out because of his, or her, race.

Only a policy based on this belief can enable Canadians of Aboriginal heritage to realize their needs and aspirations.

Native Aboriginal relations with other Canadians began with special treatment by government and society, and special treatment has been the rule since Europeans first settled in Canada. Special treatment has made of the Aborignals a community disadvantaged and apart.
Obviously, the course of history must be changed.

The changes proposed recognize the simple reality that the separate legal status of Aboriginals, and the policies which have flowed from it, have kept the Aboriginal people apart from, and behind, other Canadians. The treatment resulting from their different status has often been worse, sometimes equal and occasionally better than that accorded to their fellow citizens.
What matters is that it has been different.

We can no longer perpetuate the separation of Canadians.
Now is the time to change.  Continue reading Why End Race Based Law?

On Using The Term ‘Indian’

On Using The Term ‘Indian’

“Indian” is the precise, legal and denotative term for what is in fact a purely race-based legal category of persons in Canada. It’s in the title of the Indian Act and used throughout that statute. It’s in the constitution of our country, referring to that class of aboriginals who inhabit southern Canada. (The other two legally defined types of aboriginals in the constitution are “Inuit” and “Metis”.)

“It’s used by our courts in their many decisions emanating out of this burgeoning area of law. Indeed, in a very recent and important Court decision, ‘Keewatin’, the court extensively discussed what it clearly regarded as the important and worthy concept of “Indianness”.

“To me, it’s offensive and counter-intuitive to our basic civic values that we should still have, and want to permanently keep, any category of Canadians defined solely on the basis of their race — and who would possess a whole series of special legal rights and entitlements based solely on the mere fact of their race — the mere accident of their birth…  Continue reading On Using The Term ‘Indian’

Trudeau and Gosnell

Trudeau and Gosnell

‘Nisga’a Chief James Gosnell, at the 1983 First Ministers’ Conference:

“It has always been our belief, Mr. Chairman, that when God created this whole world, he gave pieces of land to all races of people throughout this world — the Chinese people, Germans, and you name them, including Indians. So, at one time our land was this whole continent — right from the tip of South America to the North Pole… It has always been our belief that God gave us the land…and we say that no one can take our title away except He who gave it to us to begin with.”

‘To which Prime Minister Trudeau responded:

“Going back to the Creator doesn’t really help very much. So, He gave you title but, you know, did He draw on the land where your mountains stopped and somebody else’s began…? God never said that the frontier of France runs along the Rhine…

“I don’t know any part of the world where history isn’t constantly rewritten by migrations and immigrants, and fights between countries changing frontiers. And I don’t think you can expect North America or the whole of the Western Hemisphere to settle things differently than they have been settled anywhere else — hopefully, peacefully here.”  Continue reading Trudeau and Gosnell

Democracy and Tribalism

                        Democracy and Tribalism

“The history of progress in the world is the history of ‘detribalisation’, and the race or ethnic politics that goes with tribalised societies.
We see enough of these in today’s world to know better than to romanticise tribalism – or do we?”

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“The case for ‘co-governance’ between the government and “iwi” {aboriginals} is justified, according to cultural recognition and ‘social justice’ beliefs. However, that is to make a fundamental error — one that ignores the dangers of including ethnicity into the political arrangements of a democratic nation.

” ‘Ethnicity’ refers to ‘race’ – that is, the concept that a socio-cultural group is defined in terms of its genetic ancestry. This doesn’t, of course, mean that ethnicity/ race is a scientific term. We are in fact 99.9% the same, with the remaining 0.1% being differences between individuals, not between groups.
But some groups like to define themselves in terms of their genetic ancestry, as do New Zealand’s ‘retribalists’…

“Interestingly, ‘ethnicity’ has nudged race aside only recently. By the beginning of the 1970s, almost no one used the term ‘ethnicity’. By the end of the decade, almost everyone did. If our ‘Race Relations Office’ had been established even one year later than it was, it would have the ethnicity title.

“But changing a word doesn’t change the concept signified by that word. Ethnicity still means race; still means a genetic criteria for membership.

“Earlier this year, the Herald and the NZCPR published a piece I had written about the incompatibility of tribalism and democracy. Recently, I discovered that the ‘Nigerian Observor’, in referring to my article, had used my conclusion – that there is a fundamental incompatibility between the two sociopolitical systems – to say this:

“There is urgent need for robust public discussion, review and referendum—if needed—on the democratic and political systems in Africa, with focus on the re-introduction of parliamentarism. We need to move forward.”

“What is fascinating is that progressive discussion in Africa is advocating moving towards parliamentarianism while in New Zealand {and Canada} we, or a significant number of the politically influential, are seemingly unaware of the jewel that we have in our own parliamentary system… In that innocence, they are unaware of the threat to that system.

“From the 1980s, the rather benign idea of recognising Maori culture in the wider society became a political biculturalism that has enabled a small but extremely influential group of ‘retribalists’ to capture the moral high ground of ‘social justice’ — but in their own interests.
(It shouldn’t be forgotten that the numbers of Maori in poverty has actually grown during the bicultural decades.)

“On the way to elite status — with its associated political power and economic wealth — the retribalists have successfully manipulated the rather naïve belief that social justice comes from cultural recognition – a belief which got support for biculturalism in the first place.

“Biculturalism has a new political meaning but its ongoing support lies in the old cultural one. It now means that two so-called ‘ethnic’ groups have different political interests, which should be recognised institutionally.

{The widely-discredited ‘Separate But Equal’ nonsense. Indigenous racism is forcing Western nations to retrace their steps…}

“This institutional recognition — beginning in education and health — began a veritable march into the heart of government. The re-interpretation of the Treaty as a so-called ‘partnership’ {just as in Canada} is providing the mandate for the march into the institutions…
We see this in recent months, with the assumption that ‘co-governance’ is the natural next step…

“But what is the nature of the group that will be ‘co-governor’? What are the implications for New Zealand’s parliamentary democracy?

“The justification for this elite’s power is its claim to represent a tribal people — so, such a people must be created and maintained — hence, the aggressive retribalisation {‘decolonisation’} that we have seen in recent years.
Access to Treaty settlements requires individuals to belong to a tribe… Educational scholarships require applicants to name their tribe…

‘Detribalisation’ is described as the problem, so ‘retribalisation’ is to be the solution — a slogan that assumes tribalism is a progressive form of social organisation — that it is worth having, that it should not have been destroyed.

“So, let us look at what the tribe or clan is.

“It is the oldest way to organise a social group. The cement is kinship. As the group gets larger, it becomes a race or ethnic group.
The group’s distinctiveness is the result of a shared history which may be very long, as with Australian Aborigines, or relatively short, as with Maori. However, a shared history does not mean that the tribe, or any group for that matter, should have a distinctive political system that never changes.

“If there is no change, then those people are locked into a kin-based political system for all time. There can be no modernity, no progress, no future.

“One of the benefits of colonisation, and there are a number, is the destruction of tribalism.

“For slaves and lower caste people, it was liberation.

“Of course, the chiefly caste did not agree and today we see the resurgence of those who would be their inheritors.

“The new elite is a self-proclaimed aristocracy, justifying their ambition in romantic appeals to an Arcadian past.

“Tribalism must be destroyed for democracy to exist.
Democracy’s superiority as a political system is that it is the final stage in the separation of the kin/race character of a socio-cultural group, from its political character.

“It has achieved this separation by creating the secular public space where politics takes place, and by creating the citizen as the political subject for that space. The separation has not been easy, even in its final stages, as the turmoils of the 19th and 20th centuries remind us.

“We get fascinating accounts of the beginnings of the social-political separation from historian Peter Munz and anthropologist Alan Macfarlane. Munz describes how the Roman invasion of Europe allowed three intertwined movements to weaken European tribalisation so successfully that the pre-conditions were established for new non-kinship forms of governance — although democracy was still a long way into the future.

“The Romans brought Greek civilisation, Roman law, and Christianity. This was a heady combination that undermined tribalism and laid the pre-conditions for the break-up of kin and race-based political structures.

“In his ‘Making of the Modern World’, Alan Macfarlane…also traces the rise of the modern world to the early break-up of tribalism. He refers to the legal right of women in Anglo-Saxon England to will property outside the kin-group, to show the weakening of kinship as a public political organising force by the 8th and 9th centuries.

“The history of progress in the world is the history of ‘detribalisation’, and the race or ethnic politics that goes with tribalised societies…

“Tribal politics is necessarily undemocratic because of the criteria for membership and the system of leadership… This suits those who would lead the tribe because it guarantees a population that only they can represent. Leadership is also undemocratic because there is no clear separation of kin status and political status.

“So, the question for us is not why the ‘iwi’ elite is using retribal strategies to gain increasing political power and economic wealth – any emerging elite that chances upon a direct and easy means to get its way, will take it.
The intriguing question is how has a population with 161 years of democracy under its belt allowed this to happen.

“Whatarangi Winiata, the Maori Party’s ideologue, was the brains behind the division of the Anglican Church into three racial groups in the 1980s. He must be good because here was the ‘Universal Church’, one that had played a major role in the break-up of kinship organisation since the first centuries AD, meekly accepting a return to race-based division. Winiata has said that the Church’s three-party model is the model for New Zealand. ‘Co-governance’ is the current step…

“As an academic, I find the skill of the retribalising elite’s manipulative strategies fascinating. As a New Zealand citizen, I despair for our country when we do not know the value of what we have got.”

–‘Democracy and Tribalism’,
Dr. Elizabeth Rata, November 17, 2013

http://www.nzcpr.com/democracy-and-tribalism/#more-9879
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“The greatest danger to democracy comes from tribalism.

“In most of the world, democracy usually fails as a direct result of tribalism. People divide up into tribes based on ethnicity, or religion, and vote exclusively along tribal lines.

“The result is that it doesn’t matter what the issues are, or who the candidates are. The result is foreordained…

“Whether we’re talking Shiites in Iran, or Xhosa in South Africa, northern Italians or Japanese nationalists, tribalism covers up corruption and makes free institutions difficult to sustain. Issues don’t matter, the candidates don’t matter, charges of corruption don’t matter. What matters is power, what matters is tribe, and you follow along.”

http://www.danablankenhorn.com/2013/05/tribalism.html
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Petition to END RACE BASED LAW:

http://endracebasedlaw.com/petition

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