A Distorted Perception

So where does the truth lie in all this? Are Aboriginal people shown favouritism? Are they as privileged as is claimed and do they have more rights than the majority of citizens? Do they get monthly cheques in the form of “Indian benefits”? How much do these so-called “privileged” Aboriginal people cost Canadian and Québec taxpayers anyways?

In Dealing With Different Rights, we mentioned that, far from constituting a regime of privileges, the Indian Act actually constitutes a regime of First Nations guardianship. And guardianship means constraint, dependence, lack of autonomy and deprivation of certain rights and freedoms, in particular regarding testamentary matters, access to property and the free disposition of certain personal property.

However, the belief that Aboriginal people have special privileges is so widespread that it is not surprising to learn that most people think Aboriginal people live as well as, or even better than, other Quebecers. Without realizing it, we have taken the idea of “privilege” and turned it into “privileged.” However, daily life in the majority of Aboriginal communities is the complete opposite.

The boundary between the expression of ideas and the display of intolerance is easily crossed in times of crisis. In August 1988, residents from around Pointe-à-la-Croix block access to New Brunswick in protest against the barricades erected by the Mi’gmaq of Listuguj. This photograph, which was published on the front pages of major newspapers, speaks volumes about the protesters’ state of mind. The sign conveys the widely held prejudice that all Aboriginal people are forever “exploiting the system.”

Photo credit:  Canadian Press

A Non-Existent Real Estate Market on First Nations Reserves

You will never see a sign like this in a First Nations community. The restrictions imposed by the Indian Act mean that very few Aboriginal people are likely to be homeowners. And those who are cannot hold title to the land on which their house is built. At the very most, they hold a Certificate of Possession or Occupation. Reserve lands may be transferred only to the community or another First Nations person. Thus, there is no free-market system and houses have no market value per se.

Photo credit:  Marie-Soleil Laquerre

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