Native American rights not equality vs. inequality

The human rights case against a neocon former MP in Canada gives me an opportunity to explain briefly how he misunderstands (or perhaps deliberately confounds) Native peoples’ position in the United States and Canada … a misunderstanding shared by most Americans, not cleared up by our civics or history classes, which treat Natives as nothing more than a vanishing, if uppity, ethnicity.  Although Natives’ legal positions in the two countries are not identical at this time because of legal divergence since the American Revolution, for my current purpose they are close enough.

There are over a thousand societies in North America: the U.S., Canada (perhaps Francophone and non-Francophone!), and hundreds of Indian, Inuit, Aleut, and Mixed-Blood Indigenous Sovereign Nations, from Florida and the Caribbean to the North Pole, and from the Southwest and Pacific to Alaska.  Legally all these societies live side-by-side with each other.  Obviously the first two, the US and Canada, currently have a certain pre-eminence on account of military or other inequality, respectively, vis a vis the Native peoples.  But the Native peoples retain certain rights or privileges never ceded to the US or Canada, possessed by them from before European establishment here.  The English/North American Common Law, at least since the 17th century, as well as subsequent Acts of Crown, Parliament, or Congresses, have held that Native peoples are to be “treated with” — hence “treaties” — for what the European Sovereign — British or North American — desires from them, otherwise its seizure is generally not according to law.  And generally, these treaties did not deprive Native peoples of everything they ever possessed (just almost everything).  In addition, in recent years US and Canadian governments have felt a desire to make good to Native persons and peoples for centuries of INequality, illegality, unfairness, etc., by some (relatively few) programs of affirmative action or “privileges;” also, to help them as persons and peoples to make better of a bad situation.

Native North Americans are not the same kind of ‘thing’ as non-Native ethnic groups.  Irish-Americans, Ukrainian-Canadians, etc., have never had Sovereignty in North America as such, except through the non-Native governments of Canada or the American States.  The Natives have, and still do.  If not for British/American treaties with the Natives, the colonization of this continent could not have happened, or only by truly wiping out the Natives militarily, rather than just most of them.  Native residual rights and Sovereignty isn’t a question of equality or inequality with non-Native North Americans; in fact, if we Natives would just assimilate, all our problems would be solved, right?  Except we would be unfaithful to ourselves and what we are, like no other group here is required to be.  Therefore, ironically, occasional preferences for Natives in hiring or admissions are a sign not of Native superiority, but Natives’ inferiority and discrimination in US and Canadian societies.  They’re not “special rights,” just the same rights Europeans would retain if 350 million Native Americans had colonized Britain instead of the other way around.

Settlers are a Tribe — a very large and powerful tribe, but just one among hundreds or thousands here — it’s a whole continent, after all, just like Europe or Africa or Asia! — each having certain rights and, on a good day, recognizing or according others to others.  Natives cling to these rights because they continue to exist as Sovereign Peoples, and hope to restore some of what they have had taken from them over the last 500 years and more, of their life together, cultures, self-sufficiency, freedom from discrimination and racism and exploitation; and for these reasons they also attempt to use any help forthcoming from the big “tribes” that the US and Canada are, as small as that help may be, and as seldom.  For the Settler Tribe to call for the unilateral dismantling of Native Peoples is indeed racist, in fact genocidal, whether it stems from ignorance or intentional malice.  I prefer to believe most of it does stem from ignorance, though culpable on the part of Settler education systems, which teach Settlers all kinds of things in all kinds of depth and detail, but not these facts which are fundamental to the very existence and founding of their States.

Consider if the Honourable MP had instead called for the absorption of Canada’s Jews into its Christian Churches … or its Hindus, Muslims, atheists, etc.  Or for the abolition of, say, Catholic schools and colleges in Canada — ‘No more special rights for Catholics; old Churches have no relevance in modern times.’  And with taxpayer-funded mailings, yet!  ISTM religion is a helpful analogue to Native sovereignty and rights and “privileges” and existence.  It’s not just “political correctness” that prevents him from doing so, but the legal freedoms increasingly recognized by liberal democracy … and entrenched in Canada’s constitution by 1982’s Charter of Rights and Freedoms … the same constitution that now explicitly guarantees the Aboriginal and Treaty Rights of Canada’s Indians, Inuit, and Metis.  And considering the evidence that inflammatory public speech can tend to incite violence against the targets of that speech, the MP might even be held liable.