Beware of the Rule of Law?

The dispute over the path of a natural gas pipeline on Wet'suwet'en land in British Columbia continues, as do blockades and protests in solidarity with the hereditary chiefs of this First Nation. The blockade of a rail line just a few kilometres from where I live has resulted in a cascade effect across the country, shutting down VIA passenger travel and impeding the movement of goods. This has led to layoffs for people who have no direct involvement in the BC standoff and impending shortages of propane for farmers.

These realities are reminders of the complexity of this situation and it would be unfair to dismiss the hardships some are facing as simply inconveniences. At the same time we must pay attention to the level of frustration and anger Indigenous peoples across the country feel. Prime Minister Trudeau has been exercising restraint and sending ministers to negotiate in various locations but he has also stated that we are governed by the rule of law. This phrase, "rule of law" is an ominous one for Indigenous peoples because it is nearly always has to do with laws which support the patriarchal authority of non-Indigenous governments, whether provincial or federal.

I've been reading 21 Things You May Not Know About the Indian Act by Bob Joseph which has been slow going, even though it is well written. I become so upset reading about this "rule of law" which has been used to control and oppress Indigenous peoples that I have to stop reading. The book reminds me that the law was used to control their movement, where they could sell agriculture products, and to support the removal of children from their families. Several Christian denominations, including the United Church used the rule of settler law to justify Residential Schools where children had their language and culture beaten out of them, and where many died because of malnutrition and disease.

   

Mohawk Tyendinaga Territory

The book includes a letter from a principal of a Residential School which grants permission for children to go home for Christmas provided their parents travel what was often considerable distance to pick them up. Some correspondence from federal officials uses the term "final solution" to describe plans to deal with the "Indian problem." We know those ominous words "final solution" as a phrase the Nazis used to describe the extermination of Jews during WW2. Of course, everything which happened in Nazi Germany was supported by law. 

I have no idea what the plan of action should be to address what is happening in BC and across the country, and as you can imagine no one is seeking my opinion. I do know we have a shameful history of oppression of Indigenous peoples and that apologies and rhetoric about reconciliation mean nothing if this becomes "might makes right" under the guise of "rule of law." 

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