@Canuck12:
- Asking if treaties should be “phased out” is like asking if the Government should “phase out” your ownership to your house. It wouldn’t be legal and would not stand up under rule of law. So in short:
Should/Can Treaties/Land-Claims be phased out or not? The question of should disappears as we discover that it is impossible. So the answer is simply: No.
Canuck… when are you going to understand that legality is just a bunch of people in a room agreeing to whatever process they desire.
If everyone on earth was dead except for you, me, and the person who killed everyone else. And we agreed to hunt said person down, and jail/execute him for his crimes. That’s Legal.
To prove this point in direct relation to the Indian Act. Â Please familiarize yourself with EMMINENT DOMAIN law.
In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have the right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once property is taken, an owner is entitled to “be made whole” by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by the expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation.
In the public interest, the ‘legal’ government can authorize basically whatever it wants, so long as the people don’t revolt, and the people who enforce the rules are willing to follow through. (look at the HST!)
So much for ‘Legal’… hah!
Moral however… that is another question, and of course I argue the status-quo is immoral.
Also of note… during periods of war/conflict, it’s regular that property rights are ‘legally’ phased out by governments.
-Consider your friends in the soviet union with the annexation of Poland.
-Or the German invasion of poland.
-Or the American military installations built in Iraq.
-Or Canadian bases in Afghanistan.
-Or Argentina’s claim on the Falklands
They were all legal.
We are legally killing people (taliban), and taking away their property, TODAY, whilst not even in our own country!!!
Legality is mostly a ruse, for the powerful/influencial to assert their authority over the weak, whilst making the masses play along.
If a supreme court judge suddenly decided tomorrow that the metis were suddenly NOT status indian, and infact that there were NO status indians period, constitutional, right or wrong, moral or immoral, THAT WOULD BE THE LAW LOL! Until appealed…