Mr. Nault, Minister of Indian Affairs
The Supreme Court of Canada ruled against British Columbian sovereignty in the Delgamuukw case. They ruled that native title had never been extinguished and that the rule of common law was no longer supreme. Since Trudeau wrote the Charter of Rights, Supreme Court justices are allowed to base their decisions on whatever they read in the tealeaves of the Charter on that day. Common law or previous court decisions have no bearing on their decisions.
The court also ruled that no province has absolute jurisdiction over lands affected by Indian claims. Canadian reaction to this ruling has been somewhat complacent because the ruling mostly affected British Columbia where 110% of the province could be up for grabs in treaty negotiations. But this ruling could have huge consequences in other provinces where Indian land claims are before the courts.
But despite the strange decision, no politician used the notwithstanding clause.
The court also ruled that aboriginal oral evidence must be given the same weight as other evidence. In other words hearsay evidence would be accepted from Indians in land claim cases. No Canadian can question Supreme Court rulings. They are infallible. Even if the oral evidence is a lie. This oral evidence has been raised to the level of documented and first-hand evidence. Chief Justice Antonio Lamer went on to say that despite the subjective nature of aboriginal oral history, "the laws of evidence must be adapted" in order to place such evidence on "an equal footing with the types of historical evidence that courts are familiar with."
And still no politician used the notwithstanding clause.
Not only has the Supreme Court changed 58 federal and provincial laws by their infallible decisions but they have defied the federal government or the provincial governments to do anything about it. And the governments who made the laws have washed their hands of the issue. The Supreme Court makes more laws by their decisions than the federal or provincial governments. It is politically correct judicial dictatorship.
No Canadian politician will use the notwithstanding clause in these cases.
Therefore large numbers of Canadians are liable to find themselves living on Indian reserves where they will not have a claim to their property and they will not have a vote. This has already happened in the Nisgaa treaty. Trudeau and Chretien planned it all when they wrote the Charter. Canadians have no property rights in the Charter. Indians themselves do not have property rights in Canada and even on their own reserves cannot own land as individuals. It is a group thing. It is all very politically correct and it is all steps toward communism.
At what point will Canadians wake up? There are hundreds of Indian land claim cases before the courts. You may be standing on ground that is now claimed by Indians bands -- not Indian individuals. Is it possible that Canada could be gradually given to the Indian bands, one Supreme Court decision after another and no one will protest? Will Canadians surrender their guns and then their property, then complete control of their lives to the state because of Supreme Court decisions?
Are we all going nuts?
Does anyone know about the notwithstanding clause (section 33 of the Charter)?
For more information on the Supreme Court click on ....
THE NISGA'A AGREEMENT
If the federal government decided to give your land, your house and your home to the Indians and told you, not only are you going to loose everything but you are also going to support these Indians with your income taxes for the rest of your life, you might be a little uneasy.
The federal government might say, "Sorry, but you should have realized that you have no rights to property in the Canadian Charter of Rights. Did you not read Section 35 of the Charter? The Indians have special rights. You don't. And it's the proper socialist thing to do."
This might seem to be a strange scenario but unfortunately it has already happened in Canada. It is a terrible thing to see your country set a course for disaster -- a northern apartheid system. The Ottawa government seems to have the self-destructive tendency of the foolhardy, the mentally ill or dogmatic communists.
The Nisga'a treaty received royal assent in Canada (April 13th, 2000). Apathetic Canadians look on more than a little confused as they watch their country being given to the Indians. The Nisga'a people will have a referendum on the treaty but the people of Canada and British Columbia will be denied a referendum on the treaty. Do you see something strange in this equation? The Nisga'a leaders have faith in their people to have a referendum but not the politicians from Victoria or Ottawa.
Unfortunately the new Nisga'a treaty is like apartheid in South Africa -- white settlers can't vote in the Nisga'a treaty territories. And just as the racist apartheid system tormented South Africa, the Nisga'a treaty and its clones will cause widespread animosity and division in Canada. It does not take a prophet to foresee these problems as we flirt with anarchy and more increased taxes for the giant bureaucracies to oversee the treaties.
The predicament is, that even though we can foresee these forthcoming troubles now, the federal government is blind to the problems. These Liberal socialists seem to think that their socialist philosophies will solve the problems of Canada and the world. The founders of the Socialist Republics of the Soviet Union were also committed and just as blind but long dead before the people were allowed to do something about that unworkable system. The government of South Africa eventually realized that apartheid was unworkable. Let's hope it does not take as long for the Ottawa government to realize that the Nisga'a treaty system is racist, unworkable and imposed on Canadians no referendum for non-Indians.
This Nisga'a treaty together with those that will follow, using it as a template 50 other land claims in the works -- have the potential to crack Canada worse than Quebec separatism. In Alberta alone, the total value of Indian land claims against the province and the feds exceeds $107 billion. In British Columbia various Indian tribes (At least 60 bands in B.C. alone) claim 110% of the province.
Western alienation is growing by leaps and bounds and an eastern Quebecois prime minister sends another Quebecois to teach the westerners about rough love.
The Ottawa government already spends $6.5 billion to support 680,000 Indians and Inuit. This type of support has, of course, caused the Indians and Inuit to become lethargic and dependent on government handouts. These conditions coupled with the fact that Indians cannot own land as individuals on their reserves, has already proven to be an ongoing disaster. Even the Auditor General has lambasted the federal government for failing to address widespread corruption plaguing band councils. Canadas future problems are being self-inflicted now.