On the Law

By Vic Savino

FOR THE FIRST PERSPECTIVE

Greetings dear readers from the chill capital of the world, where we have had snow since mid-October. We've already had a few ice storms and other fine ways of getting into a winter car accident. Winnipeg is a fan of global warming. Be that as it may, the Christmas season is upon us and this year I'm going to get into it before Christmas happens. In previous years I have written in December, which meant that you got a little Christmas treat in January, when all the Christmas stuff was over.

2002 was an iffy year in Aboriginal law. It saw Rose Bear win her individual human rights case on pension against the government and establish that we wee citizens do have rights in this fair land of ours. It also saw leave to appeal denied in the Lac la Ronge Treaty Land Entitlement case. That has major implications that have to be looked at. On the positive side, the Courts recognized the Treaty 8 freedom from taxation clause.

But most of all in 2002, it was the Residential School cases which should be enough for any one in the Christmas season to thank the force, whatever it may be, for keeping us attached to our families and what little bit of land we might have left. It was not that great a year for the res schools claims, in terms of getting some settlements and some closure for some people. The only operative process, at this time, is the Early Resolution Initiative, which is designed only for those too old or too sick to take their cases to trial. The other alternative is our hopelessly ineffectual civil litigation system.

Well, Christmas greetings have to go out. To Ralph Goodale who is learning to be the Minister responsible for Residential Schools Resolution. May you have many settlements in 2003, as there are more than 12,000 people waiting for one. For Bob Nault, the Minister of aggression and bullying, may you get one of your four initiatives through, if you take the time to consult with those who are affected.

And in 2002, white voters shut down Aboriginal casino plans in at least two communities in Manitoba. May you enjoy the fruits of your short-sightedness in not seeing the benefits that your Aboriginal neighbours could bring you. Those in The Pas know better, from experience and now are enjoying the benefits of Aboriginal enterprise.

It was not a big year for Aboriginal or treaty rights cases. The Lac La Ronge case on treaty land entitlement deserves closer examination, although it does not, at first blush seem good.

Well, okay, enough of this law and politics stuff. It is Christmas. It is a time for all of us to appreciate who we have for family and make the best contribution we can to keep it together.
In this column, this month, we have only peace and happiness, in abundance, to offer you dear readers. This is Canada, so it will be cold... outside... but inside, we will all be enjoying each other as members of a family that gets together at Christmas. At his time, this is all that matters.

Just ask my better half who has been doing all the Christmas decoration stuff with my kids. This is a special time for all of us, whatever our religion or beliefs, to bask in the peace of the season to be jolly, and thankful for happening to live in the best country in the world. And to take a deep breath, and be thankful for the fact that we don't (yet) have to worry about being blown up by a terrorist bomb.

These are luxuries of living in a free and democratic country that has room for everybody.
Peace be with you and may you and your family be happy and together at this special time.

Vic Savino is a lawyer practising the law of Canada’s aboriginal Peoples at the law firm of Perlov Stewart Lincoln At Portage and Main In Winnipeg. He enjoys feedback and you can do that by e-mail to <vsavino@mts.net>.