From the Eagle Watch
November 6, 2013
What Does that Oath Really Mean??
It is often hard to understand the thinking of another human being.
Sometimes it is because the other person's thinking and reasoning
processes don't work the way ours do. It doesn't seem like the
other person is reasonable. They may have their facts wrong. Yet
to that person, he/she is doing the right thing. Most of us think
we are doing the right thing most of the time. We like to think
our intentions are good even when the outcome is not.
Sometimes we are in a position to make decisions on behalf of
other people. Getting into that position can take a lot of
jockeying and strategizing even to the point of pretense, guile
and outright lies. We all make compromises to put food on the
table for our children.
While examining some of the treaties, in particular the Canadian
numbered treaties, (most of which were designed by lawyer and
land-speculator, Alexander Morris of Perth, Upper Canada,) we
became aware that the band chiefs and councilors take an oath
to the Crown just like any MP, MPP, MLA, Senator, Mayor or other
Canadian official.
"And the undersigned Chiefs, on their own behalf and on
behalf of all other Indians inhabiting the tract within ceded,
do hereby solemnly promise and engage to strictly observe this
treaty, and also to conduct and behave themselves as good and
loyal subjects of Her Majesty the Queen."
Of course, Indigenous understanding of the Treaties is often
counter to what the English wrote down. While the treaties
state that we, "cede, release, surrender and yield up" our land,
it has never been our understanding that this is what we
negotiated. We agreed to share our land with the newcomers.
Another question can be asked, "How is it that the treaties made
us good and loyal subjects of [the Crown]?? How did that happen?
The answer is quite simple: because the Crown said so
AND because we continue to follow along with this lie. It's not
the only one, there are many lies that were told and lived by.
Nobody seems to want to get up and denounce the lies. It's like
an elephant in the room. Let's all pretend it isn't there.
Lawyers, judges, cops and soldiers also take this oath to the
Crown. It is an oath of allegiance, loyalty, and requires
one to swear on the Bible. Sometimes, this oath includes
secrecy as with spies and "Persons Permanently Bound to Secrecy".
Where does Your Loyalty Lie??
This brings us to the uncomfortable topic of just who is the
Chief loyal to? Just whose interests does he defend and advocate?
Presumably, the people he is chief of, are his relatives.
They are supposed to be his #1 concern yet he is also bound by
this oath.
You could quickly point out that all he has to do is pretend
loyalty to the Crown. It isn't that simple. Taking an oath is
serious business. It does something to your mind. You think you
can live your life in 2 worlds, one foot in each world. However,
at some point, you are tipped onto one side. Do you even know
which side you are on??
There is a saying, "Don't bite the hand that feeds you." So,
exactly, how does it feel to be the recipient and administrator
of band funds? Do you say, "Thank you" for something that is
already rightfully yours? Do you say "thank you" when the funds
are not nearly enuf to complete and/or repair houses and
infrastructure in your community? Do you smile when you say
thank you to Indian Affairs, now Aboriginal Affairs??
Walk a Mile in My Moccasins
These chiefs are under a lot of pressure, from within, from
their people who are often in dire straits and from without,
agents, pedlars, profiteers and well intentioned but deluded
individuals and racketeers. Many of our communities sit on
top of valuable mineral wealth while others are neighbour
to horrificly toxic wastelands.
Sometimes our decisions are desperate and made under duress.
Do wehave to state that we all make mistakes? Here at the Eagle
Watch, we know that we are wielding a dangerous weapon, Words.
Our goal is to get at the Truth. Truth is powerful. It's evident
to us that to solve a problem we must first identify the problem. So we use words to cut to the Truth. Sometimes we cut very deep,
some would say too deep in our eagerness.
It has come to our attention that one or two chiefs were so
offended by some of our comments that they have instructed their
communities not to read the Eagle Watch. As wordsmiths, we would
quickly identify this as censorship. It causes us considerable
grief.
When obstacles come from without, we feel like rising to deal
with them. When obstacles come from within, our hearts sink.
It's just fine with us if you don't want to read Kittoh's
missives and analyses. However, it's not o.k. when people are
denied the information that may support dissent. It has always
been our understanding that true democracy is about the best
solution for the greatest number of people.
Expressing opposing views is a method for reaching such solutions.The internet is a great medium for doing this in real time.
We invite your comments as always, especially if you think we are
mistaken. We'd like to know how pervasive such censorship/control of information is in your communities.
Kittoh
Comment from Jim Craven/Omahkohkiaaiipooyii:
According to Article 29 of the Vienna Convention on Treaties,
the definitive international law on treaties according to both
the U.Sand Canadian Supreme Courts, treaties are covenants
between sovereign nations and their governments, and each
treating partner, in undertaking a treaty, is recognizing the
sovereignty, standing, authority, and system of government that
produced the standing and authority of the other treating partner to hold and bind its own citizens to the terms of the treaty and
to enter the terms of the treaty into the corpus of law of
each treating partner.
Since it takes a sovereign government of a nation to form
and sign a treaty, it also takes the same to keep the terms
of the treaty long after it has been signed. It would thus
be illogical and oxymoronic for any nation to undertake any
treaty the terms of which would be to abolish the nation and
its government that signed the treaty and whose continued
existence is required to administer and keep the terms of
the treaty.
Notes
http://www.aadnc-aandc.gc.ca/eng/1370373165583/1370373202340
