Following up on our discussion this morning of the Canadian legal system and whether it has improved in its ability to represent the best interests of aboriginal people. I think that, considering where we have come from, the courts are doing a better job than they were. However, I have time and again railed against the false comfort of downward comparisons, and I do not wish to come across as trying to make the point that we have ‘fixed’ the problem. A multi-generational history of white supremacy doesn’t get canceled out by a few court cases washed down with the tears of angst-ridden liberal settlers.
The problem isn’t that judges were white supremacists, and now they’re not, so we can stop worrying. The issue undergirding all of these problems, be they about race or gender or culture or ethnicity, is one of representation. Any supremacist system is one in which a single group of people is empowered to make decisions that affect all other groups. In Re: Eskimos, we saw an overt ‘classical’ case of white supremacy, in which aboriginal people were not even notified let alone consulted before their ethnicity was made into law. In the cases this morning, it was still up to a white judicial system* to recognize the rights** of aboriginal peoples.
No, we can’t really call a system ‘fixed’ until the people who are subject to the machinations of power are able to fairly and proportionately participate in the exercise of power. And, as I mentioned this morning, we have some cause to think that may start happening: … Continue Reading