“There are No Canadian Laws That Make This Legal”

By Tracy Shields, Reviewed by Dennis McPherson

Tracy Shields is a Contract Lecturer at Lakehead University’s Faculty of Education and conducts research in Mathematics Education, Educational Policy, and Adult Education in First Nations communities. Her Ph.D. is titled “Implementing the general education development (GED) program in first nations communities: Struggles for power.” She is an advocate for Indigenous rights. 

Dennis McPherson is an Associate Professor and former Chair of the Indigenous Learning Department at Lakehead University. He was instrumental in developing the department, as well as in the development of the Masters Program in Native Philosophy. In 1995, McPherson walked to Ottawa to protest the misuse of funds by Lakehead University. 

On a positive note, I must say that the police presence in Thunder Bay throughout both marches I have attended has been extraordinarily supportive. The police have kept the protesters safe and have communicated their intent to do so beforehand in both cases.

I have taken part in three of the Wet’suwet’en protests in the last few weeks, largely because I feel that it is imperative that all Indigenous Learning, and Aboriginal Education lecturers and professors have a special duty to support these students. If our students are able to overcome the incredible odds they have and to find the courage to stand up for what they know is right, we should be there behind them. But there is a much bigger picture here. I believe these protests are about far more than Wet’suwet’en. 

For many years, I have listened to grumblings by students about Chief and council on reserves, how the system is set up to feed colonial interests, and how Chiefs took over the role of the Indian Agent. In this protest, the people seem to be saying loud and clear that they want their own system, a system that is not a deliberate colonial set-up for corruption (Reilly, 2010).  I hear the people talk about how taxpayers do not fund any of the moneys that are dealt out by INAC to reserves, pilot projects and projects (Neu & Therrian, 2004; https://www.sac-isc.gc.ca/eng/1428673130728/1581870217607). These people know that pioneers began adding to their fund each time land was purchased as they were legally obliged to do and that the fund has gone through incredible market increases over the decades, yet First Nations people have no direct access to it. So, I think there is a bigger message being pushed through these protests. Additionally, I think Canadians need to ask why all the large projects end up disturbing the 1% of land that the reserves occupy?

I do not think Canadians understand that when Justin referred to speaking with First Nations as “Nation to Nation,” he spoke that way because Indian lands are sovereign. When the protesters were arrested, I liken it to the OPP going into another country and arresting people. There are no Canadian laws that make this legal. Additionally, from a moral standpoint, it is wrong. The Mohawks never agreed to have the railway built so close to their community. If we were foolish enough and greedy enough to build the railway that way, I think we should take responsibility for that, regardless of how painful it may be. I do wonder if these arrests are more smoke and mirrors playing out by the government. If none of the arrests will stand up in court, were they only carried out to further deceive the Canadian people? Because I do know that where First Nations people are concerned, Canadians have been deeply deceived by the stories they have been told.

Neu, D. & Therrian, R. (2004). Accounting for Genocide. Winnipeg, MB: Fernwood Publishing.

Reilly, J. (2010). Bad Medicine: A Judge's Struggle for Justice in a First Nations Community

Toronto, ON: Rocky Mountain Books.