Aboriginals have no claim to sovereignty
By Barry Cooper, Postmedia NewsJanuary 26, 2013
The behaviour of Indian leaders and the gestures of the Idle No More movement are expressions of the same pathologies found on so many reserves in Canada. Political pathology is more than the well-known corruption of so-called chiefs. Almost the entire discussion between Indians and the government is based on complaints, assumptions and assertions that have no basis in reality. They are projections of the imagination. Participants in the discussions, however, take them to be the self-evident structure of the common sense world.
Such self-delusion is more than ideology, because it combines the lowest emotions - guilt, fear and resentment - with the most exalted aspirations to rectify injustice and fulfil the wishes of God, the Creator. To put this problem into perspective, recall a classic study published in 2000 by my longtime colleague and even longer-time friend, Tom Flanagan, called First Nations? Second Thoughts.
The fantasy devoutly believed in by many aboriginals, bureaucrats and lawyers, both on the bench and at the bar, as well as by numerous academics, journalists and intellectuals, goes as follows: (1) Aboriginals are privileged because they were here first; (2) there are no significant differences between European and Indian civilizations so that (3) Indians are sovereign nations; accordingly (4) treaties were nation-to-nation agreements that (5) affirmed aboriginal sovereignty and ownership of the land. And finally, when Canadians acknowledge all the above, Indians will prosper.
In reality, every human in the New World came here, or their forebears came here, from the Old World. If ancestral priority works for Indians, why not for non-Indians? In any case, Indians and Inuit shoved each other around; some tribes defined themselves by war-making. By aboriginal logic, Europeans and later Asian immigrants were new tribes pushing their way into the country as their predecessors had done. Nothing new here.
Second, European and Indian civilizations were not equal. That is why Europeans came to the New World, not the other way around. This is because of their technological, military and political advantages that the Europeans developed, including the legal concepts of sovereignty and the state. Machiavelli was the first to apply the term state to politics; sovereignty is a 16thcentury term developed after the wars of religion to describe the new post-medieval regime. The two go together: no sovereignty without states, no states without sovereignty.
Neither tribes nor empires are states. Every new European state claimed the right to establish sovereignty over non-European land by discovery and exploration. They could do so precisely because no sovereign state ruled the territory. Today, Canada, like the U.S., is a sovereign state. Aboriginal claims to the contrary are rhetorical utterances with no force or effect in international law.
Fourth, nation is also a European concept later combined with the legal notion of state. Until 1982, this was understood by Indians and their lawyers. That year, the National Indian Brotherhood renamed itself the Assembly of First Nations, which contains the racist connotation of original aboriginality noted above. In reality, nothing has changed by renaming Indian tribes (however defined) as First Nations.
The mischief and confusion introduced by the new language has inspired aboriginals to assert a special relationship embodied in "treaties."
If you bother to read the documents, it is as clear as can be that they extinguish rather than affirm any loose notion of the sovereignty of so-called First Nations.
The earliest "treaties" contained the articles of submission by the tribes to the Crown; later ones were real estate conveyances paid for by annuities. It took the imagination of lawyers to turn them into the embodiment of sovereign rights when the plain language says the opposite.
Finally, the consequences. The perverse incentives that promise future Indian dependency cannot be fixed by bureaucrats. Economic prosperity and self-respect can come only from property rights and holding jobs. All the other malarkey, to which we have been amply treated in recent weeks, will preserve the management of misery.
Barry Cooper is a professor of political science at the University of Calgary.
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