“Business warned to
respect treaty rights.
Newly re-elected
assembly chief says he wont’ rule out delaying projects like Northern Gateway
pipeline if conversation lags.”
So read the headline published in the GLOBE AND MAIL dated
July 20, 2012 and written by a Tamara Baluia.
Seems the re-elected Assembly of First Nations (AFN) Chief;
Shawn Atleo is already flexing his muscles regarding treaty rights. But is he
barking up the wrong tree? Especially, when he has been accused by a number of
chiefs of being too cozy with the government during his first term.
Still, he has warned business and, “he didn’t rule out
delaying key projects like the (Enbridge) Northern Gateway pipeline.”
With his focus on businesses and resource development and
the need to respect treaty rights, perhaps he may be still too cozy with the
government? After all, based on experience and the last I heard and according
to the courts, it is the Crown that has the duty to consult and to respect
aboriginal and Treaty rights, which are recognized and affirmed in the Constitution
Act, Section 35.
So, where is the Crown?
The very target Atleo is after is also wondering. “Canadian
business leaders, in a report by the Canadian Council of Chief Executives
released ahead of the AFN’s assembly, called for politicians to bring
aboriginal communities more fully on board in energy development. From a
corporate perspective, being “on board” though is not about treaty rights.
Tell that to a Daniel Veniez, an entrepreneur who has worked
for first nations in northern BC and a former Liberal Party candidate. He has
said, “ in order to unlock the full economic potential, first nations and
Ottawa will have to clear the underbrush first…the fundamental issue of treaty
rights,” he said. “ I don’ think you’ll see any real movement until this is
sorted out first.”
So, where is the Crown?
“Aboriginal Affairs Minister John Duncan said the government
will work with communities to “create the conditions for Canada’s first nations
to achieve the prosperity they see, benefiting not just them but all Canadians.
Building on the progress we have made together will require us to have the
courage to embrace change…and ask tough questions.”
As we all know and unlike Aboriginal rights, Treaty rights
are spelled out clearly within all the respective treaties. Treaty rights are not such a tough
question…tell that to Atleo. Perhaps, he's still too cozy?
