Public Policy Sources #38:
Reconciliation

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Reconciliation is the fundamental articulated goal12 of the treaty process, emphasized frequently by the courts. There is a general wish among all Canadians that we should live together in goodwill and harmony. That means it is highly desirable that arrangements be voluntarily accepted by all concerned if reconciliation is to be achieved. It is this very strong wish by the majority of Canadians that gives great bargaining strength to the numerically tiny aboriginal side of the table. Aboriginals must agree, or the deal may not meet the "reconciliation" test.

However this does not imply an aboriginal veto on all future arrangements. In democracies everywhere, majorities reserve the right to eventually impose reasonable ground rules on minorities if that is the only way to resolve urgent and important questions. Even in the face of constitutional difficulties, ways can invariably be found to do this. Thus for example certain outstanding issues in the BC treaty process could be resolved, in extremis and lacking agreement, by federal legislation. But minorities have their legal and public relations weapons as well, thus arguing powerfully for agreement.

It is true that court decisions have been very important in enhancing the aboriginal bargaining position, but ultimately public opinion is the strongest force in the balance of power at the bargaining table. Of course, since public opinion in this area is woefully uninformed on the hard issues of winners and losers, and on the controversial enhancement of difference between Canadians rather than a convergence to equality, that opinion is also subject to change and erosion as the treaty process unfolds. Indeed, that is clearly in progress today.

At the end of the day, full reconciliation may not always be possible. There will always be people on each side of the table who believe that even a generally agreed outcome was not the best that could be obtained. But reconciliation remains a worthy goal.

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Last Modified: Thursday, August 5, 1999.