Searching for common ground

It has been a very long, cold winter and it promises to be a very long, hot summer as the polarizing issue of native land claims heats up.

Unlike past years, some new factors promise to make life interesting for anyone brave enough to step into the middle of this vexed issue. Native land claims have been ignored by the responsible governments since the early 19th century. There is a history of double-dealing and racist policies that have kept the natives from bringing their legitimate grievances to the negotiation table for fair resolution. The imposition of the elected band council in 1924 on a people who had had their own system of government for hundreds of years was paternalistic. For years, natives were not even allowed to sue in court for their rights and any lawyer who tried would have been disbarred.

While we now live in a more enlightened age, the land claims issue sits in the corner like the proverbial elephant in the room that nobody wants to talk about. As long as the natives were quiet, this issue could continue on the back burner for years without need for resolution.

In this generation, however, a new spirit of activism has engaged native communities and they are starting to speak out for their rights. Legal cases brought by natives have been successfully heard in court and, until recently, most Canadians would have felt that our governments should sit down and negotiate in good faith to settle these claims.

Then came Oka, Ipperwash, and Caledonia.

These incidents began from frustration with the land claims negotiation process. They have caused a backlash that threatens to derail the negotiation process as attitudes harden against the natives. The extreme views of people such as Gary McHale are gaining currency each time a "reclamation" takes place.

So, we have an interesting confluence of events. The natives are trying to drive this issue to the top of the government's agenda and are, in part, succeeding. However, they are also generating a backlash against their cause in the non-native community that could threaten a successful negotiation.

Another factor coming into play is the creation of the Haudenosaunee Development Institute, which has attempted to levy fees on development that occurs on disputed land. There is no basis in law for this organization, but it has managed to get some developers to pony up dollars. It is well-known that developers who do not pay run the risk of a visit by native protesters who, in recent months, have cost some developers thousands of dollars in lost time on disputed projects.

As the number of protests increases, the city will start to lose new development to neighbouring municipalities that do not have native issues to contend with. Of course, the city is caught between the proverbial rock and the hard place. Brantford may potentially lose development, yet it has no control of the issues that are at dispute.

The federal government's disgraceful lack of serious attention to this issue has created this climate of distrust on both sides. The provincial government's weak response to native lawbreaking has generated, and continues to generate, anger from people who feel that there is one law for all - or should be. It is obvious that is not the case ... at least when it comes to land claims.

Into the middle of this mess fearlessly stepped MPP Dave Levac. In creating a summit inviting all players to the same table, Levac risked repudiation from all sides should the process go awry.

Talking with Levac, he says that the summit was not a failure, as was suggested in reports.

"Take a look at what I promised ... simply to get everyone in the same room. I want them to get to know each other and start to concentrate on the things that they have in common, rather than the things which separate them. This is the beginning of a long process, but it has to start with some mutual common ground."

Levac appears to have great passion for this issue and has taken it as a personal crusade. He is a man of considerable accomplishments who is well-respected by all parties. It remains to be seen if these baby steps toward peace and harmony will be enough to head off a large conflict that seems to be heading inexorably toward us this summer.

After almost 200 years of distrust and double-dealing, it will be a Herculean task indeed. Let's all wish Levac luck, as the alternative is probably violence, and nobody wants that.

Tim Philp is a political observer who lives in Brantford. E-mail him at tphilip@bfree.on.ca .

Article ID# 946161