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introduced by the Treaty Commissioner, a judge driven by great educational and social zeal, who
takes due account of the rights of aboriginals and of their sensitivities. The Office of the Treaty
Commissioner (OTC) was initially created by the Federation of Saskatchewan Indian Nations
(FSIN) in 1989 with a mandate to review treaty land entitlement arising from treaties with
aboriginal peoples and to carry out educational projects. In 1997, the OTC’s mandate was
updated and extended to health matters, children’s welfare, housing, justice, hunting, fishing,
gathering and land use, in addition to treaty obligations and its educational goals. The
Commissioner’s mandate is implemented through an original approach, which reaches beyond
mere application of the law and seeks to achieve understanding between aboriginal and
non-aboriginal peoples by teaching the public about the significance of treaties. A teaching kit
on treaties has been produced for the use of the province’s teachers. No similar initiative,
however, has ever been tried or even thought of in British Columbia or in Quebec. Another
noteworthy example is the interesting action taken by the police in the Province of Ontario to
combat racial profiling, a model which might well have been copied by other provinces.
C. The lack of intellectual strategy
78.
The lack of any intellectual strategy is a serious handicap in Canada’s undoubted efforts
to combat racism, racial discrimination and xenophobia.17
79.
This silence or lack of visibility regarding Canada’s cultural diversity shows what
little emphasis is placed on the cultural factor in the fight against racism and discrimination.
The ideological mainstay in the build-up of racism and discriminatory practice throughout
North America, from slavery to colonization, was the cultural contempt in which the dominated
communities, whether native or African, were held. It is due to this long-term build-up that
racism has come to imbue the culture, mentalities, behaviours and even the deepest subconscious
layers of the peoples of the region. Any attempt to eradicate the racist culture and mentality
therefore requires, apart from the force of law, mobilizing intellectual tools to dismantle its
deep-rooted causes, mechanisms, processes, expressions and language. The law forbids,
condemns, redresses and remedies but does not necessarily bring about a change of heart.
80.
The cultural depth of racism also colours the deepest layers of the emotions and
sensitivities of discriminatory experience. Like most countries, Canada does not appear to have
grasped the magnitude of this submerged part of the racist iceberg. And yet it is only by taking
account of this intangible dimension of racism, through an appropriate intellectual and ethical
strategy, that it will be possible in the longer term, with the help of legal strategy, to ensure the
eradication of racism and discrimination. There is now an urgent need for this strategy in view
of the resurgence of racist acts and behaviours, which resurface like natural reflexes in countries
which are otherwise well equipped with sound and exhaustive political and legal strategies for
combating their long-term racist experience. The main areas which this intellectual and ethical
strategy must tackle include the building of identity, the writing of history, education
programmes, value systems, images and perception. The interviews with the representatives of
the communities show that, despite all the efforts made to turn Canada into an egalitarian State
respectful of its ethnic and cultural diversity, the intellectual after-effects of the legacy of racial
discrimination left behind by European colonization still persist through the denial of those
communities’ cultural specificity.