Review: That Was A Wow Question

It is an Ottawa ritual now that every cabinet minister must open public remarks with the phrase, “I acknowledge I am speaking to you today from the unceded territory of the Algonquin people.”

There is no context. The Minister of Small Engine Repair could be testifying on budget appropriations, but only after paying homage to the Algonquin.

What do those words even mean? Does Parliament Hill really belong to the Algonquin? If so, shouldn’t they just pay them for it?

If a cabinet minister “acknowledges” this is stolen land, does that carry any legal weight? Or is it a manipulative and self-serving deflection of anticipated criticism, like saying: “Some of my best friends are Jewish”?

Professor Peter Russell, acclaimed political scientist with the University of Toronto for more than a half-century, examines a similar question in Sovereignty: The Biography Of A Claim. Russell devotes a whole book to the meaning of the word “sovereignty.” It works. It is wry, fast-moving and instructive.

Russell recalls a 1974 meeting with the Dene Nation in Yellowknife. They opposed a federal pipeline and needed good advice. “What is sovereignty?” they asked. “How did the Queen get it over us?”

Sovereignty is an emptier word than people think – it is not mentioned in the Constitution, writes Russell – and the second question? “When I returned to Toronto I scurried over to the law school to ask my colleagues learned in the law for their answer to the second question. Wow, they said, that sure is a big question but we really don’t have a clue how the Queen established sovereignty over the Dene or any other Indigenous nation.”

“Like so many people the Dene were thinking of sovereignty as a thing that was just there and that they just had to live with,” writes Russell. “But sovereignty is not a fixed part of nature. It is a claim made by humans. The effectiveness of the claim depends on how well it is supported by coercive force.”

In the case of First Nations it was obtained by plain trickery, writes Russell. “And that is a polite way of answering the question,” he says. “Fraud is closer to what actually occurred.” Cabinet’s 19th century treaties with First Nations had “killer language.”

“In return for some upfront money and small annual payments of a few dollars to every man, woman and child, flags, medals, suits for the chiefs, sometimes fishnets and farming equipment plus some small parcels of their former homeland to be assigned to them by the queen or king as ‘reserves,’ the Native owners are purported to ‘cede, release, surrender and yield up’ all rights and privileges to all of their territory,” writes Russell.

The English in the age of empire absorbed the Algonquin just as they absorbed the Welsh, Irish and Scottish. “I discovered that sovereignty wasn’t a thing or a law but a claim,” writes Russell. “That discovery makes a world of difference because a claim can be resisted, a claim is only as good as its acceptance by others. In that sense it is a relational term.”

This last point is key. Sovereignty has no meaning unless it is backed by force and ethical judgment, and recognized by others as legitimate, writes Russell. “The claim to be effective must be recognized,” he says.

Sovereignty casts a bright light on platitudes that dominate official discourse on First Nations. The result is absorbing.

By Holly Doan

Sovereignty: The Biography of a Claim, by Peter H. Russell; University of Toronto Press; 192 pages; ISBN 9781-4875-09095; $19.47

PM Ruling Bound For Court

Prime Minister Justin Trudeau and his family were “closely involved in We Charity’s affairs” and accepted more than $480,000 in benefits but had no real conflict in approving a $43.5 million grant to the charity, the Ethics Commissioner ruled yesterday. An advocacy group said it will challenge the finding in the Federal Court of Appeal: “If this is allowed, what is not allowed?”

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No Sin To Agree With Beijing

Chinese-Canadians must be free to agree with the Communist Party of China without being “stigmatized,” Senator Yuen Pau Woo (B.C.) said last night. Speaking at a university forum, Woo said he rejected any suggestion patriotic Canadians cannot “hold a view that is remotely aligned with what Beijing might be saying.”

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‘I Want To Keep Him Happy’

Ex-finance minister Bill Morneau was so close to We Charity his staff ordered a Liberal MP to meet Craig Kielburger to “keep him happy.” The Commissioner of Ethics yesterday cited Morneau for breach of the Conflict Of Interest Act in approving a $43.5 million grant to Kielburger’s charity: “Morneau and his family were made to feel as though they had become personal friends with Mr. Kielburger.”

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Will Buy Plastic From Abroad

Federal blacklisting of all plastic manufactured products as toxic will transfer production of irreplaceable goods abroad, the Commons industry committee was told yesterday. The listing under the Canadian Environmental Protection Act names plastic items from water bottles to grocery bags as toxic alongside mercury and asbestos: “I don’t get it.”

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Find Cronyism In The RCMP

A federal judge has cited the RCMP for cronyism in promotions. Favouritism was a “running gag” in one detachment, the Federal Court was told: “There is evidence that would lead an ordinary person to believe there was no impartiality in the process.”

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TV Bloopers OK In Party Ads

Political parties may use TV bloopers in campaign attack ads without breaching the Copyright Act, a federal judge ruled yesterday. The decision came in a lawsuit by the CBC against the Conservative Party: “The purpose is one of engaging in the democratic process.”

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MPs OK Legacy Farm Tax Act

The Commons yesterday by a 199-128 vote passed a private bill to cut millions in taxes on family sales of legacy farms. The Department of Finance opposed the bill: “This legislation would impact every single constituency in Canada.”

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No Life Pension For Quitters

Cabinet yesterday said it welcomes suggestions on amending the Governor General’s Act to repeal lifetime pension benefits for quitters. It follows a public outcry over six-figure annual benefits for Julie Payette after she abruptly resigned over workplace harassment complaints: “I understand people’s frustration with Ms. Payette.”

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Beware C-10 Says CRTC Exec

Heritage Minister Steven Guilbeault’s YouTube regulation bill C-10 will censor everyday Canadians’ uploaded content, a former vice-chair of the CRTC said yesterday. “The government itself doesn’t seem to understand what it is doing,” he said: “All Canadians communicating over the internet will do so under the guise of the state.”

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Withheld Fed Audit For Years

The Department of Transport says it has no evidence mandating Safety Management Systems at Canadian airlines actually improved safety. The department concealed the findings for two years: “A number of interviewees expressed concern that Transport Canada was ‘offloading regulations’ onto operators.”

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