Clause 26.7 reads: "nothing in this PDA is intended to alter aboriginal or treaty rights of NCN or any other aboriginal peoples recognized and affirmed under Section 35 of the Constitution Act, 1982, except to the extent that, in respect of the Wuskwatim Project, NCN has expressly consented to this PDA and the transactions contemplated by this PDA on the terms and conditions set out herein."
As far as I can tell, this says: "Nothing in this agreement changes aboriginal or treaty rights, except where the agreement does change them."
If so, this means that the PDA trumps all treaty or aboriginal rights of NCN or any other First Nation when it comes to Wuskwatim. This wording does nothing to actually protect treaty or aboriginal rights. If it did, there would be a full stop before the word 'except', or the clause would spell out clearly how the PDA will limit specific rights by listing the other clauses that would have an impact on those rights. Treaty rights deserve far more respect than this.
They say one is a nation-to-nation style agreement over a wide range of projects, while theirs is a mere business deal involving one project.
But surely we have a choice as to what kind of deal we negotiate. Only lack of political will prevented involving the Manitoba government directly to get a Peace of the Braves here. Instead, we have something that I'll call the Surrender of the Weak.
http://www.winnipegfreepress.com/westview/story/3496059p-4039553c.html
Note: http://www.winnipegfree...
