Canada still doesn't understand respecting Indigenous rights

Winnipeg Free Press

21-06-2025

Opinion
Thirty-five years ago this week, history was made in Manitoba.
Events this week in Ottawa point to just how little we have learnt from that history.
In Manitoba in June of 1990, Elijah Harper, MLA for what was then the third party NDP Opposition in a minority government, said 'No', and opposed the Meech Lake Accord.
The backdrop was clear. A crisis. In this case, the 'need' to include Quebec in the constitution. The solution, Canadians were told, was the Meech Lake Accord. It was agreed to by Canada's premiers with an artificial deadline set by then-prime minister Brian Mulroney. He talked about rolling the dice.
There was one problem. There were many people opposed to Meech Lake. In particular, Indigenous people were clear. It not only excluded Indigenous people, but threatened to be a major step backwards.
Elijah Harper was the voice for Indigenous Peoples when he came out against the Accord.
What is often missed is how Elijah Harper said 'No'. He said no to procedurally giving leave to rush through the ratification of Meech Lake. Despite great pressure from the federal government, Speaker Denis Rocan ruled in favour of the key point of order brought forward by Elijah Harper arguing that the proper notice procedure had not been followed.
There was no closure and the Legislature could not pass the Accord before the deadline.
Thirty-five years later, in Ottawa, the House of Commons is rushing through Bill C-5 without consultation. It is a bill that claims to respond to a crisis. That somehow Canada's response to the so-called existential threat with Donald Trump is to throw out our existing processes for approving major projects, and instead we must speed up approvals by threatening to sideline Indigenous rights and environmental protections.
To achieve this, the government is relying on the full support of the Conservative opposition, not only to support the legislation but to bring in closure, limiting debate.
A handful of MP's have spoken out against both the contents and process of Bill C-5. The Green and NDP MPs who face a challenging situation because they do not have party status have opposed it. Even one Liberal MP called out the unfairness of the process.
What is different is that in 1990, despite all the pressures, the Manitoba legislature followed its own procedures based on hundreds of years of parliamentary democracy and did not ram through the Meech Lake Accord. The actions of not only Elijah Harper, but so many other Indigenous people forced Canada to recognize the need to respect Indigenous rights. In many ways, it was a major first step towards what in subsequent years has been reconciliation.
What has been happening with Bill C-5 in 2025 couldn't be more different. There has been a blatant disregard for the process you would expect for a bill of this significance. The hasty introduction and closure being attached to Bill C-5 fly in the face of the consultation you would normally expect on any bill, let alone the constitutionally required consultation on matters involving Indigenous peoples.
Indigenous peoples have been clear in opposing both the process and substance of the bill. Many people have been calling out what is seen as a betrayal of reconciliation.
We learned a major lesson in 1990. That Indigenous peoples will defend their rights. That reconciliation starts with not only recognizing Canada's history of genocide against Indigenous peoples but that provincial and federal governments must recognize the limits of their own powers in the context of Indigenous rights.
But as Santayana said 'Those who do not remember the past are condemned to repeat it '
Sadly, in 2025, key political leaders have chosen not to remember these lessons of history and are repeating Canada's failure to recognize Indigenous rights.
There is one more lesson too. We also learned that the 'crisis' of 1990 was greatly exaggerated. Despite subsequent efforts with the failed Charlottetown accord, the constitutional question was never finally closed. But Canada continues.
The so-called crisis we are facing currently will go the same way. What will matter is not just how we react to Donald Trump or any other political leader or economic threat. In terms of history, it is how much we will have acted in accordance with our own values based on our own distinct history.
The events of 1990 set us on a better course. The events of 2025 with Bill C-5 threaten to set us back dramatically.
Steve Ashton is a former member of the Manitoba Legislature. He was the NDP House Leader during the debate on the Meech Lake Accord in the Manitoba Legislature in 1990. Niki Ashton is the former NDP MP for Churchill-Keewatinook Aski