A NEW FORM OF ‘REPRESENTATION’ WITHOUT ELECTION? APPOINTING INDIGENOUS PEOPLES TO MUNICIPAL COUNCILS

A NEW FORM OF ‘REPRESENTATION’ WITHOUT ELECTION? APPOINTING INDIGENOUS PEOPLES TO MUNICIPAL COUNCILS By Dean Hickey THE FRAMEWORK FOR OUR CANADIAN STYLE OF GOVERNANCE from our federal parliament to our local and regional councils is based on democracy, not only in principle but in all its consequences. Canadians elect their representatives directly, and for the most part at regular intervals to ensure accountability. In this regard, you and I are the ultimate authority, and our collective interests remain a perpetual influence throughout our communities as we find ourselves surrounded by the incessant drumbeat of political propaganda. This decade has so far seen several attempts made to water down that democratic process among local municipal councils, and in particular, Toronto City Hall. Some among that august body of decision makers have recently formed the opinion that the affairs of their community may be better served by adding an unelected member of city council. At a recent meeting of their Executive Committee - which is chaired by Mayor Olivia Chow - a motion was brought forward by the Mayor that would see Toronto’s City Manager look into opportunities to ‘deepen meaningful representation of the Indigenous community in City decision-making… including through advisory bodies and other mechanisms.’ Those ‘other mechanisms’ are seen by many Toronto councillors as an attempt to add one or more members of council who would be appointed based on their ancestry, without having been given a mandate by the electors. It will be convenient at this stage to consider a little more clearly the nature of this proposal and how it might ultimately affect other councils within the province, including that of the city of Oshawa. Let us suppose such a change is eventually approved by the provincial government, under whose authority this issue rests. Our attention must first be directed to the degree to which land use and planning may be affected. The Reconciliation Action Plan created and approved by Toronto City Council strives to establish what they see as ‘collaborative decision making within many divisions whose work impacts Indigenous Peoples, land and water.’ There’s the first challenge, and one that will undoubtedly give rise to conflicts over what constitutes Indigenous lands, whether subject to Treaty disputes or not. Consider; every Oshawa council or committee meeting begins with a rather lengthy Land Acknowledgement statement, which among other things, seeks to recognize ‘our role in addressing the negative impacts that colonization continues to have.’ Those are strong words, and it is not unreasonable to suggest major decisions on residential and commercial developments could be challenged by appointed members whose mandate, some would say understandably, may include a focus on leveraging their ability to halt certain projects. The Association of Municipalities of Ontario makes reference to the United Nations Declaration on the Rights of Indigenous Peoples as a foundation for building relationship agreements. There’s the second challenge, being the potential for appointed councillors to bring the specter of international law to bear on local decisions. Municipalities do not have full access to information on Crown-Indigenous relations, nor do they have the financial resources or the capacity to assume any responsibility in that regard. Enhancing Indigenous civic engagement is certainly a positive step, however the prospect of bringing the debate directly into a city council chamber is unwise and unfair to all concerned. Consider this; Oshawa’s Safety & Facilities Services committee recently recommended to Council that the Open Air Burning Bylaw be amended to allow for ‘Sacred Fires’ which is a reference to a typical ceremonial fire of deep spiritual and cultural significance to many Indigenous Peoples. The staff report includes a reference to, among other things, the United Nations when recommending that such open air burning be exempt from the City’s Fire Permit process. Further consultations were made with the City’s Diversity, Equity and Reconciliation Division, specifically the Indigenous Relations Advisor. The City of Toronto already recognizes Sacred Fires, however they still require appropriate documentation to be submitted to their Fire Services to initiate a site safety review, as these fires are known to sometimes burn for days on end. Residents have a right to be concerned as to what appears to be the complete absence of due diligence on the part of the City of Oshawa to include the necessary safety provision requirements over Sacred Fires. The proposed exclusion from the Fire Permit process may reasonably be seen as over-zealousness on the part of the Diversity gang whose staffing level was in fact increased by Mayor Dan Carter in his latest budget. It is that kind of pressure that results in bad policy decisions, and the prospect of appointing one or more unelected members to any city council to potentially further advance such ideas is wrong. Circling back to the City of Toronto, a spokesman for the Ford government had this to say when asked about the ongoing efforts by Mayor Chow and her closest colleagues to appoint unelected members to council: “People have the right to elect their representatives. We will always support that right.” Daniel Tate, from the watchdog group IntegrityTO had this to say: “It’s really concerning that a taxpayer-funded committee thinks it’s appropriate to invent unelected council positions based on identity.” As to the final results of this debate, time alone will tell, however now that the issue is being studied, debated, and reported on by the media, you can rest assured this affront to democracy will someday be approved, and as with so many changes at the municipal level, city councils across Ontario will rush to step in line to enact similar policy changes in their own municipalities. Last year, Hamilton councillors voted down a similar proposal that would have seen their city become the first to have unelected members of council. At the time, councillor Tom Jackson offered up these words, which one can only hope will resonate with others, including Oshawa councillors, “I will not support the exploration of adding a non-elected seat. Imagine the supreme, ultimate honour of an Indigenous person… running for elected office… and winning” That is exactly how it works in a democracy.