Season 1 # 7 A Grand Bargain

Original air date March 2023.

For a multitude of reasons, all Canadians should support a Grand Bargain with Canada's Indigenous and Metis.  In the bargain, the original Canadians would be offered self-government within a new Canadian province.  They would own all Crown Land, federal and provincial, and all the resources. In return, they would have the burden of responsibility.  

Transcript

A Grand Bargain

Earlier, I made the case for a series of industrial strategies to unlock the full wealth of the north. As I did so, I tip-toed around the entire topic of Indigenous Canadians.  

You know the expression, “fools walk in where angels fear to tread.”  Well, here I go: into the thicket of Indigenous issues, starting with several stories that make a point.

In the early 1700’s, the Ambassador from the British King to the Five Iroquois Nations was a man named Cadwallander Colden. Colden was a celebrated scientist, doctor, diplomat, and, while completely irrelevant to the story, a direct ancestor of my wife. His book, the History of the Five Indian Nations of Canada, was a best seller of the day. In it he described a sacred treaty, called a “covenant chain”, which bound the English and the Haudenosaunee, the Iroquois, together. The axe of war was buried; a tree of peace was to grow. Honouring that covenant chain, the Five Nations fought and saved the British colonies first from the French, and then from the American Revolution. The covenant chain, however, was broken. 

Another story…

When I was in school, I loved Canadian history. One tale that intrigued me was that of Sir Issac Brock and Tecumseh. Tecumseh was a Shawnee chief, a diplomat and famous orator. The 1812 War was starting. Brock, representing the Crown, made a deal. If Tecumseh would lead a confederacy of First Nation warriors to fight the Americans, Brock promised that the First Nations would have a country of their own in what is now the American mid-west… Michigan, Ohio, Illinois. History took a tragic turn when both men died in separate battles. Their deal was, not surprisingly, ignored by the next representatives of the Crown. But ask yourself: without Tecumseh, would Canada even exist? 

Another story. 

Louis Riel. Here was a man who helped found Manitoba, was elected three times as a Member of Parliament, and twice led Métis rebellions because of the treatment of his people by the Canadian government. He was executed for high treason in 1885. 

The point is that a long line of Indigenous leaders have trusted the Crown, and were betrayed. A fair question to ask is, for how long should those old sacred, binding agreements be valid? Our courts often respect treaties, yet we seem to have progressed so little. 

Jews claim Israel as sacred.  Christians revere Bethlehem. Muslims prey to Mecca. The First Nations, to this day, hold to their sacred places. And yet, their unceded, sacred, Indigenous land is held in the name of the Crown. Crown Land. The same Crown to which Canadians still swear an oath. The Crown that is represented by a Governor General… now Mary Simon, an Inuk woman.

You might argue that… that was then, and Mary Simon is proof that things have changed.  But have they?

In my lifetime, in Canada, residential schools ripped children from their home and culture, often left to lie in unmarked graves. Some 4000 Indigenous women went missing or murdered, many on the Highway of Tears. Our former Indigenous allies are poverty stricken, and suffering immense pain.

So no, it is not over. It is a long sad tale that has not ended, and it cries out for restitution. 

Can our courts help? Whether it is compensation or land claims, the courts move at a glacial pace. At best, the courts take a piecemeal approach, treaty by treaty, wrong by wrong. Good intentions do not guarantee good results.

What does restitution really mean? We hear the word. But it’s obvious, you cannot simply return language, culture, or family, as if nothing happened. Nor are the First Nations blind to reality. The fertile land they once called home is gone to them forever. 

What, then, in the name of the Crown, is left for meaningful restitution? 

The answer is Crown land. Think about it.

Imagine that all land held in the name of the Crown is offered to the Indigenous peoples as part of a Grand Bargain. This land, along with other Indigenous territory, could become a new province in Canada. All treaties would be replaced under the deal. 

In one stroke, it would accomplish three things.

First, income from resources would be a top priority. The mining boom that would follow would benefit all Canada.  

Second, the First Nations would democratically control all the programs and departments and budgets that impact their lives.  

Third, all those broken treaties would be made whole.

As I explain this concept, for convenience I’ll call the province Tecumseh. It is a temporary label. A working title that would change.

This Grand Bargain cannot change the past, but would change the future. When RoseAnne Archibald was elected as National Chief of The Assembly of First Nations, she spoke of restitution, and of kicking “colonial policies to the curb.” A Grand Bargain that created an Indigenous province would do just this.  

The issue would dominate political debate. A proposal might be drafted by First Nations and presented in a referendum. It would be dramatic and controversial.

As with Quebec Referendums, the Indigenous people should have the right to self-determination. But in this case, they would seek to pursue that inside Canada. Indigenous and Métis voters could vote on whether to join Tecumseh, individually and as communities. Many First Nations may decide they are happy with the status quo. Their call.  

Let’s speculate the referendum wins significant Indigenous support. In addition to Crown Land, well over 3100 reserves are spread all across Canada… they may also wish to join. 

Indigenous leaders know that the diversity of Indigenous peoples is both a strength and a weakness. Indigenous Nations have many distinct languages and traditions, distinct ways of living in ecosystems their ancestors understood and loved. Tecumseh would not be easy to govern. Far from it.

Representing these Indigenous people today, both First Nations and Métis, are five major national organizations. Each organization has a purpose, a constituency, that is unique. The Assembly of First Nations (AFN) alone represents 634 First Nations with 900,000 members.  

There are also existing political structures controlled by Indigenous peoples, such as those in Nunavut. Yukon has many self-governing First Nations, each with its own federal legislation outside of the Indian Act. Yes, it is complex. Yes, there would be pros and cons to the idea of Tecumseh, winners and losers. Welcome to politics.

The First Nations are clearly not one people, yet they need to act as one if they are to thrive. United, they could determine their own future even as they celebrate diversity. Divided, they are slowly being picked off, one by one.

Until now, unlike Quebec, Indigenous peoples have never demanded equality as founding nations. A Grand Bargain would change that.

About 1.8 million Indigenous and Métis live in Canada. They make up 5% of the population, but nearly 8% of Canadians under the age of 14. First Nations and Métis have the highest birth rate of any minority in the country, and more people are identifying every day as Indigenous as pride in traditional cultures grows. Of course, suicide rates are also heart-breakingly high.

Historically, under the Indian Act, the First Nations were treated as second-class citizens. Indigenous women lost status under the Indian Act when they married white men. The system was rigged. If united in Tecumseh, the province would be the fifth most populous in Canada, a power to be reasoned with.

To create Tecumseh, the Indigenous peoples would have to craft a provincial Constitution, unique to their circumstances, and sell the idea to the rest of Canada. Impossible? Probably. But worth considering.

Their political union would likely be a form of confederacy. All the Nations in the confederacy would want to preserve their own languages, cultures, traditions and beliefs. But the Tecumseh government would need the ability to make tough decisions, not get bogged down. As with Canada’s federal-provincial squabbles, sorting out the division of responsibilities would be complicated. 

However, the First Nations would have a chance to invent a modern democracy that fits their cultures. Environmental protection would almost certainly be included in the Tecumseh constitution. They would, in fact, have a fresh Constitutional canvas with which to work, and lots of history to draw from.

The confederacy of the Five Iroquois nations, for example, was a big influence on the drafters of the American Constitution. Might it be a partial model? The Nunavut example of decentralization and consensus is another model. Would it work if expanded to include dozens of First Nations, and multiple languages, spread across a huge territory? These and other examples are all part of the discussion. 

One thing that is likely is that Tecumseh would use communications technology as a tool of democracy in a way that has not been done in the past, anywhere. Modern communications have shrunk the planet, making digital collaboration possible as never before. Tecumseh could use technology to overcome geographic and linguistic divides, to share information, to gather opinion in real time, and seek consensus. 

One area where Tecumseh might want immediate changes involves how they select Members of Parliament. Canada’s current electoral system is not working for First Nations, but Tecumseh would at least ensure fair representation. The province would likely choose a new way of selecting MPs. Proportional representation may be the answer. 

The closest parallel is New Zealand, where seven seats in parliament are reserved for Maori representatives. Indigenous politicians may finally feel welcome in Ottawa.   

In the same way that Quebec politicians in Ottawa currently represent Quebec’s “national” interests, Indigenous Members of Parliament would represent their “national” interests.  

Given the wide dispersal of reserves and crown lands, Tecumseh would not be contiguous. Nor is it necessary. 

Many decisions would also be urgent. Choosing a new capitol city would be top of mind. 

Plans would need to be put in place to address critical issues that require government agencies to be in place from day one. Public service jobs at every level would need to be created and filled.

An Indigenous justice system and police force would be required, likely replacing the RCMP. The province would need to plan health care, education, telecommunications, industrial strategy, mining codes, and an almost endless number of other details of government. 

For all this, money is needed. This money would be available, but nothing comes without a cost. Money management is a critical responsibility of any government, and this too starts at day one. 

To make it work, Tecumseh would need to put all the conditions in place to make it a safe place to invest. That is: good effective government, local support, clear green regulations, and affordable infrastructure. Essential industrial strategies are needed to succeed. Canadians across the country might support Tecumseh when they grasp  the willingness to adopt these strategies.

Ultimately, effective governments must be capable of action. Politics is described as the art of the possible. Indigenous leaders would be called upon to deliver the impossible. 

For all this to occur, the Bargain would have to benefit all Canadians. It must be clear that the creation of Tecumseh is the key to green and sustainable resource exploitation, and to wealth for all Canadians. 

All this is the reward for simply righting the wrongs of history.