Christopher Dummitt: Expect more clashes like the Nova Scotia lobster dispute as Canadians' rights collide

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Our Constitution enshrines both the right to equality and collective rights, but they may not always coexist peaceably

So it might seem like this fishery dispute is a throwback — a sign of how far we still have to go in order to truly end racism towards Indigenous peoples and protect their rights in Canada.But unfortunately this dispute isn’t a throwback; it’s probably a look-ahead. As we move into the 21st century and as, hopefully, the glaring social inequalities faced by many Indigenous communities are addressed, disputes like this are likely to grow more common.

The most commonly understood idea of rights in the Charter enshrines equal treatment. The Charter has been used to fight against discrimination in everything from same-sex rights to equal pay for women. These equality provisions are about “catching up,” or at least ensuring that no one, for any particular part of their identity — their race, gender or sexuality — will be treated in an inferior way.

A good deal of the sympathy amongst non-Indigenous Canadians for Aboriginal rights stems from the first kind of rights — the idea of “catching up” or ending inequality. It stems from a much-justified sense of past and sometimes ongoing mistreatment that needs to end. Debris from a burnt out fish plant is scattered along the shore in Middle West Pubnico, N.S., on Oct. 17, 2020. A large fire destroyed the building, which had been the scene of an earlier confrontation between Indigenous and non-Indigenous fishermen.A number of commentators are describing the actions of the non-Indigenous fishers as racist. And it might be that there are individual racists among them.

Source: Law Daily Report (lawdailyreport.net)

 

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