Courts/Justice
"From 1927 until the early '50s, there was a law in Canada that
forbade Indians to raise money and hire lawyers to fight land claim suits. They
had actually been shut out from using the law on the basis of race; this was a discriminatory
law that would have done credit to the apartheid regime of South Africa."
Ronald Wright
"RECEIVING MONEY FOR THE PROSECUTION OF A CLAIM
141. Every person who, without the consent of the Superintendent
General expressed in writing, receives, obtains, solicits or requests from any
Indian any payment or contribution or promise of any payment or contribution
for the purpose of raising a fund or providing money for the prosecution of any
claim which the Tribe or Band of Indians to which such Indian belongs, or of
which he is a Member, has or is represented to have for the recovery of any
claim or money for the said Tribe or Band, shall be guilty of an offense and
liable upon summary conviction for each such offence to a penalty not exceeding
two hundred dollars and not less than fifty dollars or to imprisonment for a
term not exceeding two months."
The Indian Act, 1927
[This
section of the 1927 Indian Act placed an impossible burden upon Bands that
wished to take legal action against the Crown or file a claim:]
"The 1927 Indian Act amendments, which were in force until 1951,
brought about a shameful period in Canada's history.
Our people were, by Canadian law, virtually forbidden to leave our reserves
without permission from the Indian agent, who now controlled almost every
aspect of our lives, and the courts were effectively cut off to us as an avenue
for addressing a land claim against the government. Our reserves began to
resemble the internment camps that were set up during the world wars for enemy
aliens."
Arthur Manuel, Unsettling Canada A National
Wake-up Call
"Unions
discriminate against Indians trying to break out or reserve ghettos and get
jobs in industry because Indians are not accepted as members. Local mines and
construction projects are particularly hard places for Indians to gain
employment."
Frank Calder, Vancouver Province, 13 March 1969
"Where are the Eskimo managers of Hudson's Bay posts? Where are
the Eskimo police, the radio operators, the nurses? I'll tell you where they
are. They are down at the welfare office drawing relief."
Duncan Pryde, Time, 2 May 1969
"The Delgamuukw
decision of 1997 provided judicial affirmation of Aboriginal Title by the
country's highest court."
The
Hon. Frank Iacobucci releases report on First Nations people and the Ontario
justice system
"Ontario’s justice system is in a "crisis" concerning
First Nations people who are over-represented in the prison system yet cut out
of participating in juries, says an independent review released Tuesday. Former
Supreme Court justice Frank Iacobucci revealed 17 recommendations he said must
be urgently implemented in order to get First Nations involved in the court
process and sitting on juries. . .
It is clear that the jury system in Ontario, like the province’s
justice system more generally, and its counterparts . . . has often ignored or
discriminated against aboriginal persons," stated Iacobucci in his report
on First Nations Representation on Ontario Juries.
If we continue the status quo, we will aggravate what is already a
serious situation and any hope of true reconciliation between First Nations and
Ontarians generally will vanish."
26 February 2013
"Why,
for almost forty years now, have Aboriginal peoples won virtually every time
they go to the Supreme Court? Because or history and the law, if fairly
interpreted, cannot but re-establish our long-standing – long betrayed –
agreements."
John Ralston Saul, The Comeback, 2014
"In 2016 Indigenous and Black people accounted for 4.8 per cent
and 3.5 per cent of the Canadian population but made up 25.5 per cent and 8.7
per cent of those in federal prison [Statistics Canada]. . .
There's absolutely no doubt in my mind that there is systematic racism in
federal corrections, says Dr. Ivan Zinger, Canada's correctional
investigator."
Globe and Mail, Toronto, 24 October 2020