The view from Pete

To listen to some opinion makers and politicians of the far right in BC and Canada, you’d be forgiven in thinking that “the indians are tryin’ to take away your land” – because that is their narrative, and the previously faint racist dog whistle is now a defcon 1 air horn proclaiming in incoming calamity.

Ok. Calm the fuck down.

The Cowichan vs Canada case goes back in its origin to 2014, pre-dating the current BC NDP government by a couple of years. Not that it matters here, because the underlying issues underpinning the arguments extend 150+ years.

Start with the actual court case. Specifically, this.

A couple of disclaimers here first. I am not a lawyer and I’m not of any First Nations ancestry. So my take on this is just my opinion. I would like to think that my views are relatively informed – even when stated through my political lense.

Now, please read this examination by the BD & P law firm. Another by MLT Aikins. More by JFK Law.

Next. Please view this commentary by Chief Aaron Pete. He gives some important historical context and discusses the legal journey this matter has followed to get to the decision.

From my very lay understanding, the Cowichan argument demonstrated that they had occupied the land in question since before the arrival of settlers, but was sold out from under their noses without their knowledge.

Now, given that I have no legal background, no known First Nations ancestry, I will tread carefully here.

I am also a private property owner in Nanaimo where I live with my family, so the questions regarding private land “fee simple” are of interest as you might imagine. Given the rhetoric lately by certain politicians of the right and far right, I could have been convinced that eventually, my house could be taken away. Gladly, as I read in the decision, that privately owned land (homes and businesses, presumably) were not on the table.

But I am a supporter of genuine reconciliation. What’s more is the fact that since most of BC is without any treaty, let alone modern treaties, its incumbent upon us to continue to pursue this path as it will finally establish the certainty needed for moving forward.

To be clear, we are the last province to have treaties sorted out.

I understand that all parties to the defense have filed notice of appeals on the outcome of this case, and will likely end up in the hands of the Supreme Court.

So be it.

But we need to talk about the gushing racism now flowing out from these racists of the far right. These folks range are almost exclusively from within BC’s conservative parties’ worldview, and it’s time to call them out for the repugnant positions they hold.

First Nations in BC have always faced racism and bigotry – ever since there were European explorers and settlers among them. But this case has ripped the scab off and unleashed a torrent of hate.

The ironic part here is that should we end up at a coherent conclusion of reconciliation, the various First Nations would be far better empowered to innovate and create prosperity for the folks of their communities; but the pathway there is seemingly blocked (or would be blocked) by the very folks who would then turn around and demonize the very ‘lazy indians’ that “cost taxpayers so much” (in various social program spending, etc).

Reconciliation is cheaper than litigation. Cooperation is better than confrontation. Now, I don’t know what happens next as far as this particular case goes, but we cannot go backwards.

I understand the anxiety and apprehension exposed by such headlines, but we should give absolutely zero moral license to those pushing hate and racism disguised in the narrative of “indians comin’ to take your land”. YOU are as vile and repugnant now as those making the poor decisions then. We see you, and call you out.

Sit the fuck down and let more rational people do the talking.

my2bits