Decolonization and Canada's ?Idle No More' Movement

• Author: Grace Li Xiu Woo
• Pages: 44-69

181

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Arctic Revie w on Law and Politics, vol. 4 , 2/2013 pp. 181–206 . ISSN 1891-6252

Decolonization and Canada’s ‘Idle No

More’ Movement

Grace Li Xiu Woo

Grace Li Xiu Woo, B.A., LL .B, LL.M, LL. D, Lawyers Rights Watch Canada, email: lrwc@

portal.ca ; glxwoo@hotmail.com

Received February 2013, accepted May 2013, updated Sept.2013

Abstract: Canad a’s ‘Idle No More’ movement ignited over concern about Prime

Minister Stephen Harper’s abuse of majority status to enact laws that undermi ne

democratic rights and env ironmental protection. With a philosophy that corre-

sponds to international human rights pri nciples, the movement galvanized pub-

lic opinion and forged stronger alliances w ith the settler population. Ironically,

Indigenous peoples are currently better situated than Canadians to challenge

the lack of public consultation and violation of democratic principles that have

come to light. e Supreme Court of Canada has recently conrmed that there

is a duty to consult aboriginal pe oples on issues that aect thei r rights, and sev-

eral court actions have now been mounted on this basis. e goal of correcting

endemic injustices and reinvigorating democracy will require a full re-evalua-

tion of Canada’s colonial past and of the institutional format used to disposse ss

Ind igen ous p eopl es. I dle No Mor e’s ico nic  ash -mob r ound dan ces s ugge st t here

is a new generation ready to take on this challenge.

Key words: British colonialism, monarchy, democracy, Indigenous, law, rights,

sovereignty

1. Introduction

Protest movements in Canada usual ly start in the summer and peter out just before

the harsh winter weather sets in. Idle No More is dierent. It began in November

2012 and, in a social context littered with broken promises, failed initiatives and

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poverty in the midst of plenty, what started as a study group spread like wildre

among young educated aboriginal women searching for ways to succeed where

their elders had failed.1 Styling itself as a protest against “attacks on Democracy,

Indigenous Sovereignty, Human Rights and Environmental Protections”,

2

Idle

No More unied unprecedented support from Indigenous organizations in all

parts of Canada and even overseas. Major media styled the movement as a pro-

test about aboriginal rig hts and broken treaties, but allies were soon found among

environmentalists, unions and socially conscious people of all ages. Indigenous

leaders and all of the opposition par ties agree it is time to re-set the Crown-First

Nations relationship.3

Canada’s Conservative Prime Minister Stephen Harper has been forced to pay

attention but, with a solid majority in bot h the House of Commons and the Senate,

his administration remains focused on exploiting northern resources following

economic models developed during the colonial age. Despite the intensity of in itial

public interest, Harper supporters seemed convi nced that the movement’s energy

would soon be spent, but Idle No More created a unity of purpose that was miss-

ing before. If Canada is ever to disentangle itself from its colonial past and bui ld

a solid foundation for future development, the issues underlying t he movement’s

popularity will have to be addressed. Some aspects of Canada’s situation are dif-

cult for outsiders, and even for many Canadians to de code. is paper will begin

with a description of how Idle No More developed, then outline the philosophi-

cal ri that underlies the complex legal and historical relationship of Indigenous

peoples wit h Canada.

2. The Origins & Growth of Idle No More

e initial protest began w ith e-mails between four women who were attempting

to decipher the impact of Bill C- 45 on the “aboriginal and treaty rig hts” ostensibly

protected by s.35 of Canada’s Constitution Act, 1982.4 None of the four women

1. Two-t hird s of t he 30 ,00 0 abor igi nal s tude nts i n un ivers ity o r col lege a re wom en.  e med ian

age of aborigi nal Canadians i s 27 compared to 40 for non-aborigi nals. Friesen, Joe, “W hat’s

behind the ex plosion of native act ivism? Young people”, e Globe and Mail, 18 Jan. 2013,

http://www.theg lobeandmai l.com.

2. Houle, Shan non M., “Idle No More World Day of Action – Januar y 28”, 2013 12 Jan. 2013.

http://idle nomore.ca/02/ 2013).

3. See e.g. Caroly n Bennett, Lib eral Part y, “Crown First Nations relations hip is at a “tipping

point” – cur rent crisis could be a ti nder box only the PM can x” 10 Ja n, 2013, http://carolyn-

bennett. liberal.ca ; Jean Crowder, NDP, “Jean spoke ab out her motion regarding the govern-

ment’s relationship wit h rst nations”, 1 Feb. 2013 http://jeancrowder.ndp.ca (5 /02/ 2013).

4. e Constitutio n Act, 1982,Schedule B to the Cana da Act 1982 (UK), 1982, c 11.