Constitution Express

The Ottawa Express

The Union of British Columbia Indian Chiefs (UBCIC) chartered two passenger trains to transport Indigenous peoples from across Canada to Ottawa. The purpose of the caravan was to protest both the content of the proposed constitution and the processes behind it. The UBCIC drew inspiration from earlier movements, including the “moccasin miles” that helped fund the founding of the UBCIC, the 1972 Trail of Broken Treaties to Washington, D.C. and historic Indigenous delegations to Victoria, London and Ottawa. The Constitution Express marked a powerful, nationwide assertion of Indigenous presence and demand for recognition.

Organization

In organizing the Constitution Express, the UBCIC established five key areas of preparation. It established field teams working in communities, a legal team based at UBCIC headquarters, an advance team in Ottawa, a national political strategy team and an international team operating in Europe and New York. Indigenous women played central roles across all areas, ensuring that the movement’s vision of Indigenous sovereignty included the distinct needs and voices of women (see also Indigenous Women’s Issues in Canada). The UBCIC prioritized grassroots involvement, aiming to make the Constitution Express a reflection of community concerns. To that end, UBCIC fieldworkers and staff traveled to communities across the country and shared information about the constitutional issues at stake and promoted participation in the Constitution Express. They also encouraged individuals to join the journey with their families to strengthen both cultural identity and political awareness. The UBCIC published a series of bulletins to raise awareness and build support.

During the caravan, the organization coordinated housing for participants along the route and in Ottawa. The UBCIC also invited people to bring drums and traditional regalia to take part in songs and ceremonies. On board the trains, contributors were politically educated through constitutional workshops. These workshops were intended to ensure group members were aware of their rights. The Constitution Express drew overwhelming support. An estimated 1,000 participants joined the journey, and many more offered support along the way.

Challenges

In part because of past events that had ended in conflict, organizers and participants were keen on keeping public opinion on their side. The UBCIC banned drugs and alcohol on the Constitution Express and maintained strict rules for behaviour. Despite these efforts, the federal government worried that violent protest would ensue when the trains arrived in Ottawa. To help quell this fear, RCMP officers stopped and searched the trains in northern Ontario. The RCMP claimed that it was responding to a bomb threat. However, Robert (Bobby) Manuel, who was leading the delegation in his father’s absence, was suspicious (see also George Manuel). As the trains were evacuated and bags searched, Manuel was convinced the RCMP was looking for weapons, not bombs. With no evidence of a bomb (or weapons), the police allowed the Constitution Express to continue. When it reached Ottawa on 5 December 1980, Manuel’s brother Arthur Manuel, who was there to meet the protestors, described the atmosphere as “electric.”

Evolution

The Constitution Express was a timely illustration of Indigenous political unity and action (see also Indigenous Political Organization and Activism in Canada). However, it failed to shift Pierre Trudeau’s stance on Indigenous rights. That summer, Indigenous peoples continued to strategize, coming up with yet more actions aimed at ensuring the recognition of Indigenous rights. According to George Manuel and many participants, the Constitution Express “re-awakened our nations.” It also saw the UBCIC turn away from its usual practice of strategic compromise with the settler state. Instead, Indigenous peoples turned to the international community to promote their visions of Indigenous governance, sovereignty and nationhood. Indigenous peoples, largely led by women, organized community Potlatches to raise funds for travel. They also supported the growth of the Constitution Express from a protest event to a political movement.

The International Express

Between 1980 and 1981, the UBCIC sent representatives to several key international venues. Some of these representatives included members of the Concerned Aboriginal Women, a grassroots group advocating for gender-inclusive approaches to sovereignty. Representatives went to the Netherlands, the United Nations in New York and the British Parliament in London. In the Netherlands, they presented testimony to the Russell Tribunal, an independent body that heard human rights cases. In November 1980, the Russell Tribunal issued a written decision in support of Indigenous sovereignty. It condemned Canada’s exclusion of Indigenous peoples from the constitutional patriation process and affirmed their right to exist as distinct, self-determining nations. Bolstered by this decision, 41 activists who had participated in the Constitution Express journey to Ottawa brought their protest to the United Nations. The activists demanded recognition and justice on a global scale. At the same time, another delegation from the Constitution Express petitioned the British Parliament to refuse patriation of the Canadian Constitution until Indigenous peoples were duly and genuinely consulted. Britain refused to become involved. In the end, British Columbia Indigenous leaders failed in having their definitions of Indigenous sovereignty included in the Constitution. However, their protest and political tenacity were responsible for prolonging the constitutional debates. Their efforts paved the way for section 35(1), which “recognized” and “affirmed” the “existing aboriginal and treaty rights of the aboriginal people of Canada” within the constitution.