Thank you very much.
I want to begin by acknowledging the standing committee for giving me the opportunity to speak on our behalf from Alberta, and more specifically from the Blood Tribe, or Kainai.
My name is Chief Charles Weaselhead. I'm the chief for the Blood Tribe. I'm also the grand chief for Treaty No. 7 in our southern Alberta territory.
The submission on Bill C-30 by the Blood Tribe, or Kainai, to the standing committee on aboriginal peoples was given to Bonnie Charron on March 7, 2008. Due to time constraints, the Blood Tribe will not go through the entire submission. Instead, we'll share with the standing committee an executive summary that highlights important aspects of the original submission. The executive summary touches briefly on the historical and cultural context of the Blood Tribe and the contemporary Blood Tribe. It also identifies the relationship with Canada, identifies the concerns with Bill C-30, and provides seven recommendations to the standing committee.
The tribal principles that govern the Blood Tribe's actions are articulated in the elders declaration that we refer to as Kainayssini. The declaration is a recording of what the elders understand to be the purpose of our existence at Kainai. Kainayssini sets out the tribal system and guiding principles for the protection and preservation of that system, and lays out a practical guide as to what must be done presently and in the future to ensure our survival. We must maintain the foundations of our existence, including our land, our language, our culture, and our political, economic, and social rights.
The Blood Tribe, or Kainai, is located in southern Alberta on the Blood reserve, the largest Indian reserve in Canada. With just under 520 square miles, it has a population of over 10,000 members.
The Blood Tribe's historical relationship with Canada is rooted in Treaty No. 7, which was entered into between the parties, on a nation-to-nation basis, on September 22, 1877. The treaty is a solemn and binding agreement that exists in perpetuity. By Treaty No. 7 we agreed to share our lands with the British crown, except for specifically reserved areas that are kept for our exclusive use. Therefore, we retain the same legal and political status we had when we entered into Treaty No. 7. Specifically, we retain the right to be self-governed, and our leadership continues to be the governing body of our Blood people.
From this honour duty flows the duty to consult whenever any legislation has the potential to affect our aboriginal and treaty rights, such rights being constitutionally entrenched in subsection 35(1) of the Constitution Act of 1982. The duty to consult may in turn require accommodation on the part of Canada and our consent. Treaty No. 7 created certain obligations on the part of Canada. In particular, Canada is required to act with honour in all of its dealing with the Blood Tribe.
In regard to Bill C-30, the Specific Claims Tribunal Act, the purpose of this act is to establish the specific claims tribunal, the mandate of which is to decide issues of validity and compensation relating to specific claims of first nations. The Blood Tribe has a number of concerns with regard to Bill C-30, and we set them out here. It is pointed out that this submission does not constitute consultation but sets out our concerns with the proposed legislation.
First, with regard to treaty rights and the duty to consult, the Blood Tribe, one of the largest stakeholders, was not consulted in the discussions leading up to and during the drafting of the proposed legislation. The duty to consult is the duty to consult with the holders of that right—that is, first nation governments that represent their members and communities, not national or regional first nation organizations. Specifically, the Blood Tribe represents itself. It is not represented by any other body, and expects to be consulted with.
Item two is non-derogation. Bill C-30 does not—