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RE: Debate Forum - Week 12 - Broken Treaties

in #ungrip7 years ago

In essence, violent behavior of one party to a treaty constitutes a failure to live up to the terms and conditions of the treaties and thus can invalidate the treaty. Reading some background information about how Indigenous people of Canada enter into treaties with the Crown, the former see these treaties as sacred and the binding character of those is not found primarily in the legalistic language of the documents but rather on what were actually said during the agreement that were actually accompanied by ceremonial acts.

On the other hand, the Federal government see these treaties in accordance to the technicalities of the language and in some cases even abused them as in the case when they used violence against the other parties.

My take on this issue is that the Indigenous People must stand their ground and fight for these peace treaties so they can share equally their rights to the land. When the Crown is abusing their rights to these treaties, they must learn to battle them out legally. I've read that Supreme Court of Canada have already established jurisprudence that in cases of conflict between the treaties relating to Indigenous People, they should be construed liberally in favor of the Indigenous Groups. Also, it is an established rule internationally that any fraud/violence committed on the part of one party to the treaty is a valid ground to invalidate such treaty. Although the use of violence of most government entities have been left ignored and not acted upon in most cases, I think the only way for the Indigenous people to have an equal treatment to these treaties is to continue to battle them out, the instances may be hostile to their interests but that is their only way out to achieve their victory.