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There Is No Difference: An Argument for the Abolition of the Indian Reserve System and Special Race-based Laws and Entitlements for Canada's Indians.
A compelling solution to ending the tragically high degree of poverty and social dysfunction among Canada's First Nations legal equality!
For decades Canada's indigenous and non-indigenous elites have been mindlessly doubling down on the apartheid-like, "separate but equal" dysfunctional status quo that has so harmed the vast majority of vulnerable, marginalized indigenous all to no benefit!
Author-lawyer Peter Best offers as a compelling alternative the Nelson Mandela complete legal equality with the rest of Canadians-the necessary precursor to social and economic equality- by amending the Canadian constitution, repealing the Indian Act, converting the reserves, and ending all the other special rights and entitlements that have so oppressed them.
Mr. Best also issues a strong warning against the serious diminution of Crown sovereignty by our Supreme Court and our politicians, resulting in a serious threat to the rule of law, serious economic harm, and harm to our national welfare generally.
A respectful and heartfelt argument and plea for our First Nations peoples to join our increasingly racially indifferent 21st century Canadian family on the basis of full equality of rights and responsibilities.century Canadian family on the basis of full equality of rights and responsibilities.
For decades Canada's indigenous and non-indigenous elites have been mindlessly doubling down on the apartheid-like, "separate but equal" dysfunctional status quo that has so harmed the vast majority of vulnerable, marginalized indigenous all to no benefit!
Author-lawyer Peter Best offers as a compelling alternative the Nelson Mandela complete legal equality with the rest of Canadians-the necessary precursor to social and economic equality- by amending the Canadian constitution, repealing the Indian Act, converting the reserves, and ending all the other special rights and entitlements that have so oppressed them.
Mr. Best also issues a strong warning against the serious diminution of Crown sovereignty by our Supreme Court and our politicians, resulting in a serious threat to the rule of law, serious economic harm, and harm to our national welfare generally.
A respectful and heartfelt argument and plea for our First Nations peoples to join our increasingly racially indifferent 21st century Canadian family on the basis of full equality of rights and responsibilities.century Canadian family on the basis of full equality of rights and responsibilities.
803 pages, Kindle Edition
Published August 14, 2018
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January 29, 2024
A long book which is somewhat repetitive and filled with every quotation the author feels at all related to his arguments. The author generally makes his point in the first few paragraphs of each chapter.
Best sets the stage for his arguments with a recollection of his early life in Ontario around WW II when there was a general feeling that "all the disparate ethnicities in Canada thrown together by fate during those times [would] work it out, meld further together and eliminate over time whatever it was that was so fundamentally different between us. We assumed that somehow, some time, we'd all end up being equals in every respect."
Best uses the word Indian as it is entrenched in the the statutes of Canada and in the law, rejecting "sanitized, progressive-sounding terms now being used to denote Indians".
While Canadians have strived for social, economic and political equality for all citizens, the Indians have been maintained as "separate but equal", the same doctrine that oppressed the American Blacks for years. In essence, the basic policy towards Indians is one of apartheid.
While Indians decry their loss of cultural heritage, it should be recognized that this is largely true for all ethnic groups. As peoples mix, their culture evolves.
The author notes that discussion of the legal status of the Indians is not tolerated, an example being Senator Lynn Beyak who was kicked out of the Conservative caucus for raising such issues. Band members questioning corruption, nepotism and mismanagement risk being forced off the reserve by the Council.
Early accounts show that native life was marginal and dangerous. The Indians appropriation of Western culture has increased their quality of life. While the Indians like to portray themselves as "First Nations" that have occupied their lands for thousands of years, the records show that the various tribes migrated, colonized and exterminated other tribes on a regular basis.
Canada fared well with the influence of Great Britain on its development as Great Britain was alone amongst the migrating, imperialist, colonizing powers of the era as it was the sole exponent and exemplar of somewhat enlightened, modern, rationalistic values.
Much is made of indigenous law, but there were never any impersonal laws or procedures - rather, they were customs handed down by word of mouth with persuasion, force and social outlawry being the only means of resolving disputes.
While Indians are offended when they are mischaracterized as savages, they are happy to characterize whites as colonists and oppressors. In fact, most came to Canada as conditions at home were poor rather that to conquer new country. Interestingly, Best notes that King in his book "The Inconvenient Indian" claims all kinds of racism occurred while he was growing up in Ontario. The author grew in in the same place and time and claims there was little or no racism. Basil Johnston in his book "Indian School Days" also recounts reasonable relations between the Indians and the rest off the community.
Indian tribes are not nations in any accepted sense of the term and were never recognized as nations in the various treaties. However, they continue to speak of themselves as such assuming that no one will dare to challenge them. The greater sense of entitlement then emboldens the expectations and demands of the Indian elites.
The records show the the Indians wanted the treaties to give them protection while they settled into the changing world. Gambler Tanner (Odit-ta-gay-win-nin) before the signing of the Qu'Appelle treaty noted "There are different kinds of grass growing here that is just like those sitting around here. There is no difference." However, since then Section 35 of the Constitution Act of 1982 has been over read to provide many new rights and benefits to the Indians. This empowerment has lead the Indians to legal and economic attacks against their fellow Canadians.
The Haida Nation case overturned previous understandings of development in Canada. B.C. had approved the transfer of a tree farm license, but the Haida argued that they had some claim over traditional land. The court ruled that British Columbia had an obligation to consult with the Haida. These consultations have become the norm. They rarely result in agreement. The net result is that any resource or infrastructure development in Canada is very risky.
In the Keewatin case, the judge criticized the lawyers opposing the Indians for fighting too hard for their case, essentially suggesting the the lawyers should breach their ethical duties to their clients. This criticism of the professional conduct of the lawyers suggests a two-tier system for justice in Canada - one for Indian-related cases and one for the rest. The police have done a similar thing during occupations of land and facilities in not enforcing the law when Indians are involved, thus selling out the interests of the law-abiding citizens.
The Indians have been pushing for complete control of the education of Indians. This is hugely risky as the poor academic performance of the Indians is clearly related to social conditions on the reserves. Currently, the government provides block grant money to the bands but it is up to them to decide who gets the grants. It is unlikely any of the 70 percent of the Indians living off the reserves get any grants. The government gets no record of the disbursement as it would be interfering with Indian "self-government".
Indian groups want separate "culturally sensitive" schools for Indians. However, the experience with separate schools has been that they provide a poorer educational experience.
Best describes the language of the Truth and Reconciliation Report as "... aggressive to the point of intellectual carelessness." "The complete absence of any sense of historical proportion ... must cause the TRC report to be condemned with the verdict of being bad history."
The "honour of the Crown" principle is the that of the people of Canada having a continued obligation to act honourably towards Canada's Indians. This is a long term concept that must be dynamic in order to be current. The status quo is dishonourable in that it condemns our Indian peoples to continued and further poverty, dependency and despair. It's enriching a few at the expense of many. Moreover, it in direct contrast to a liberal society. John Gray defines the same as individualist, egalitarian, universalist and meliorist (open-ended improvability).
Aboriginal writer Calvin Helin, in Dances with Dependency, set out in dear and depressing detail all that is wrong and illiberal about the status quo: "...band governments answerable to no one; powerless community members; an AFN comprised of and representing only the self-interested Chiefs - colonizers of their own people - and generally, a situation not unlike many banana republics."
Canadian Indians are at the bottom of virtually every performance-measuring social and economic indicator. These facts are universally attributed to colonialism and racism while the reserve conditions that lead to this are ignored.
Change would require repeal of section 35 of the Constitution Act, but as well Section 25 which exempts Indians from the Charter of Rights and Freedoms. Best notes that "... the undertaking would be traumatic, especially for Canada's Indians." "When the zeal and moral certainties of their adversarial, victim mentality-based, "nation-to-nation" fantasies have been replaced with the lukewarm gruel of mere equality, there will be social trauma." He points to the amalgamation of East and West Germany as proof that it can be accomplished.
Best warns that anyone proposing to end the reserve syste mwill be attacked as a bigot. As an example, his own Law Society of Upper Canada started a disciplinary proceeding against him for engaging in "discriminatory conduct". After a year, the complaint was dropped as the society was unable to provide any particulars.
The author notes that Canad has no champion for the Indians of the likes of Nelson Mandela, although William Wuttunee was active in the 1950's.
The Liberals in Canada have been hugely supportive of the Indian chiefs while ignoring the problems of the vast majority of the powerless Indian-Canadians. An example was the 2013 Attawapickat housing crisis where the contribution of corruption on the reserve was ignored. Later, Justin Trudeau killed the First Nations Financial Transparency Act which required reporting of the chiefs to there band members.
Best sets the stage for his arguments with a recollection of his early life in Ontario around WW II when there was a general feeling that "all the disparate ethnicities in Canada thrown together by fate during those times [would] work it out, meld further together and eliminate over time whatever it was that was so fundamentally different between us. We assumed that somehow, some time, we'd all end up being equals in every respect."
Best uses the word Indian as it is entrenched in the the statutes of Canada and in the law, rejecting "sanitized, progressive-sounding terms now being used to denote Indians".
While Canadians have strived for social, economic and political equality for all citizens, the Indians have been maintained as "separate but equal", the same doctrine that oppressed the American Blacks for years. In essence, the basic policy towards Indians is one of apartheid.
While Indians decry their loss of cultural heritage, it should be recognized that this is largely true for all ethnic groups. As peoples mix, their culture evolves.
The author notes that discussion of the legal status of the Indians is not tolerated, an example being Senator Lynn Beyak who was kicked out of the Conservative caucus for raising such issues. Band members questioning corruption, nepotism and mismanagement risk being forced off the reserve by the Council.
Early accounts show that native life was marginal and dangerous. The Indians appropriation of Western culture has increased their quality of life. While the Indians like to portray themselves as "First Nations" that have occupied their lands for thousands of years, the records show that the various tribes migrated, colonized and exterminated other tribes on a regular basis.
Canada fared well with the influence of Great Britain on its development as Great Britain was alone amongst the migrating, imperialist, colonizing powers of the era as it was the sole exponent and exemplar of somewhat enlightened, modern, rationalistic values.
Much is made of indigenous law, but there were never any impersonal laws or procedures - rather, they were customs handed down by word of mouth with persuasion, force and social outlawry being the only means of resolving disputes.
While Indians are offended when they are mischaracterized as savages, they are happy to characterize whites as colonists and oppressors. In fact, most came to Canada as conditions at home were poor rather that to conquer new country. Interestingly, Best notes that King in his book "The Inconvenient Indian" claims all kinds of racism occurred while he was growing up in Ontario. The author grew in in the same place and time and claims there was little or no racism. Basil Johnston in his book "Indian School Days" also recounts reasonable relations between the Indians and the rest off the community.
Indian tribes are not nations in any accepted sense of the term and were never recognized as nations in the various treaties. However, they continue to speak of themselves as such assuming that no one will dare to challenge them. The greater sense of entitlement then emboldens the expectations and demands of the Indian elites.
The records show the the Indians wanted the treaties to give them protection while they settled into the changing world. Gambler Tanner (Odit-ta-gay-win-nin) before the signing of the Qu'Appelle treaty noted "There are different kinds of grass growing here that is just like those sitting around here. There is no difference." However, since then Section 35 of the Constitution Act of 1982 has been over read to provide many new rights and benefits to the Indians. This empowerment has lead the Indians to legal and economic attacks against their fellow Canadians.
The Haida Nation case overturned previous understandings of development in Canada. B.C. had approved the transfer of a tree farm license, but the Haida argued that they had some claim over traditional land. The court ruled that British Columbia had an obligation to consult with the Haida. These consultations have become the norm. They rarely result in agreement. The net result is that any resource or infrastructure development in Canada is very risky.
In the Keewatin case, the judge criticized the lawyers opposing the Indians for fighting too hard for their case, essentially suggesting the the lawyers should breach their ethical duties to their clients. This criticism of the professional conduct of the lawyers suggests a two-tier system for justice in Canada - one for Indian-related cases and one for the rest. The police have done a similar thing during occupations of land and facilities in not enforcing the law when Indians are involved, thus selling out the interests of the law-abiding citizens.
The Indians have been pushing for complete control of the education of Indians. This is hugely risky as the poor academic performance of the Indians is clearly related to social conditions on the reserves. Currently, the government provides block grant money to the bands but it is up to them to decide who gets the grants. It is unlikely any of the 70 percent of the Indians living off the reserves get any grants. The government gets no record of the disbursement as it would be interfering with Indian "self-government".
Indian groups want separate "culturally sensitive" schools for Indians. However, the experience with separate schools has been that they provide a poorer educational experience.
Best describes the language of the Truth and Reconciliation Report as "... aggressive to the point of intellectual carelessness." "The complete absence of any sense of historical proportion ... must cause the TRC report to be condemned with the verdict of being bad history."
The "honour of the Crown" principle is the that of the people of Canada having a continued obligation to act honourably towards Canada's Indians. This is a long term concept that must be dynamic in order to be current. The status quo is dishonourable in that it condemns our Indian peoples to continued and further poverty, dependency and despair. It's enriching a few at the expense of many. Moreover, it in direct contrast to a liberal society. John Gray defines the same as individualist, egalitarian, universalist and meliorist (open-ended improvability).
Aboriginal writer Calvin Helin, in Dances with Dependency, set out in dear and depressing detail all that is wrong and illiberal about the status quo: "...band governments answerable to no one; powerless community members; an AFN comprised of and representing only the self-interested Chiefs - colonizers of their own people - and generally, a situation not unlike many banana republics."
Canadian Indians are at the bottom of virtually every performance-measuring social and economic indicator. These facts are universally attributed to colonialism and racism while the reserve conditions that lead to this are ignored.
Change would require repeal of section 35 of the Constitution Act, but as well Section 25 which exempts Indians from the Charter of Rights and Freedoms. Best notes that "... the undertaking would be traumatic, especially for Canada's Indians." "When the zeal and moral certainties of their adversarial, victim mentality-based, "nation-to-nation" fantasies have been replaced with the lukewarm gruel of mere equality, there will be social trauma." He points to the amalgamation of East and West Germany as proof that it can be accomplished.
Best warns that anyone proposing to end the reserve syste mwill be attacked as a bigot. As an example, his own Law Society of Upper Canada started a disciplinary proceeding against him for engaging in "discriminatory conduct". After a year, the complaint was dropped as the society was unable to provide any particulars.
The author notes that Canad has no champion for the Indians of the likes of Nelson Mandela, although William Wuttunee was active in the 1950's.
The Liberals in Canada have been hugely supportive of the Indian chiefs while ignoring the problems of the vast majority of the powerless Indian-Canadians. An example was the 2013 Attawapickat housing crisis where the contribution of corruption on the reserve was ignored. Later, Justin Trudeau killed the First Nations Financial Transparency Act which required reporting of the chiefs to there band members.
August 31, 2020
Maybe not so pertinent for those outside of Canada, or at least North America, however for whom it may concern - the standard narrative has been officially, and thoroughly, demolished.
Displaying 1 - 2 of 2 reviews