Comment 60621

By Tybalt (registered) | Posted March 02, 2011 at 21:45:41 in reply to Comment 60561

If you have ever been in court, or in a formal setting that involves a so called "Native" issue - the second that you disagree - or even dare to question - those representing said Native issue (ie legal counsel, First Nations spokes people or elders etc.) you are first told that you need to be "educated" and if you still disagree you are accused of being "racist".

Yeah, and this is horsecrap (I know I am intemperate tonight, but people are making oracular pronouncements based on nothing).

Look, I've negotiated deals on the other side from bands, from native-run businesses, from groups and federations of aboriginal people. Are there unique legal issues in dealing with native people? Yes, there are. Are native people particularly obstructionist with it? In my experience, no, they are not. I often find myself explaining legal concepts to my non-native clients and my fellow lawyers, when these matters arise.

But it's no different from trying to negotiate a deal under Islamic finance, or where canon or admiralty or military law is an issue, or in fact even a Canada-US crossborder deal, or even a deal across provincial borders! (Especially with Quebec)

There is often a touchiness in such situations, that arises from what I consider to be a systematic history of white devaluing of aboriginal law and custom. I honestly don't think that many people feel that way anymore. But it really does mean that there needs to be active listening - and real and honest attempts to make anything from a commercial contract to a fundraising campaign sensitive to the different customs, traditions and legal systems. It's just good lawyering, it's just good business.

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