It’s the Commercial Law, stupid!

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It’s the Commercial Law, stupid!

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Economic development is touted as one of the promising directions for First Nations in Canada, especially since the process has come under close scrutiny from coast to coast. The University of Toronto Law School hosted a unique forum earlier this year, in 2008, on First Nation economic development.

Holding an "Economic Development" conference at a law school should come as no surprise. It is useful to remember that commercial law in Canadian life is huge, and until now, apparently, strangely inconsequential to First Nations.

Doug Sanderson spoke about an intriguing luncheon address on day two of the economic development conference. The speech was delivered by Hon. Michael Bryant, Aboriginal Affairs minister. It was listened to by the law faculty in Toronto, during which the Aboriginal Affairs minister suggested the need to create Commercial Law courts for Indian Reserves. "How much of law in Canada is Commercial Law, Doug?"

"Oh, about 60 percent," or more, Professor Sanderson replied.

This form of law comprises over 60 percent of the law in Canada. It is this law that sews up jurisdictional economics, and it is this law that is unavailable to Indian people.

Hold on, for according to the logic in this statement; therefore, is it not a fact that the Indian people are born under a completely different set of rules? Does not a single realization comes to light, that the Indian Act outlaws a race of people from the economy by depriving it of access to Commercial Law?

This is a defacto admission that First Nation economic development is not positioned in the realm of mainstream economics, is in reality written out of the realm of economy.

How does the deprivation of economic activity, indeed, deprivation of money, occur under the Indian Act? A system of trusteeship holds all wealth, and monitored activity on an Indian Reserve has to be decided by a Minister of Indian Affairs.

122 sections of the Indian Act make explicitly clear this potentate's role in the lives of Indian People. They are not allowed to have money.

Aboriginal economic development became an legal academic exercise with a national focus because the minster of Aboriginal Affairs in Ontario was arresting and jailing Elders from Kitchenaumaykoosib Innunwig who protested Platinex Mines.

It was out of frustration one supposes that the minister spoke to the matter as one of Commercial rather than Criminal concern. He was calling for a mechanism, a system to be put in place that would accommodate the legal concerns of the stakeholders.

"I think the most important thing is that everyone recognizes First Nation economic development is a political matter," said the event moderator.

This is a fact of law, that a political document, the Indian Act, apparently deprives Indian people of a legal framework to possess money. Sanderson added that the situation is made even worse, because a 'settler' versus Indian scenario prevails, and political solutions remain unresolved.

He noted the situation at Caledonia (and could have included the mind-boggling threat to personal security undergoing Mohawk people when they go to the store).

The session's moderator said solutions to these substantial concerns of legality are currently being sought. He believes people are only beginning to meet to address economic matters at the political level, and he mentioned the term in vogue called 'certainty.'

Sanderson also suggested that the best example for a way forward was cited by the Aboriginal Affairs minister during his speech. Minister Bryant raised the subject of the Chocktaw Tribal Council in the USA.

The CTC has a federally-constituted commercial law court that governs activities under their jurisdiction along the Mississippi. They have Indian judges and Chocktaw commercial law.

Sanderson said, there are many ways for First Nations and corporate Canada to act together, ways to do economic development. The current political reality demands the thought and speech gravitate around ways to 'do economic development.'