Mr. Speaker, in November I raised a question as to whether the federal government would show leadership concerning aboriginal self-government. The response by the Minister of Indian Affairs and Northern Development was in part that the government introduced a policy recognizing the inherent right to self-government and is working in partnership with the first nations.
On the surface this response may appear appropriate, but true recognition of aboriginal self-government and a true working partnership of aboriginal peoples must be more than just words. There must be sincere commitment evidenced by concrete positive action.
The federal government must not remain silent on important issues such as land claims and the sharing of natural resources. These two issues are fundamental to the concept of self-government.
Governments should be taking the lead in resolving these issues through negotiation rather than leaving them to costly and confrontational court action. A true partnership is built not upon confrontation but upon consultation and mutual respect.
How much consultation was there prior to the government's statement of reconciliation on January 7, 1998, at which time four out of five aboriginal leaders expressed disappointment with the process leading to that statement and with the statement itself?
Where was the spirit of partnership and mutual respect when Canada's head of state, the Prime Minister, failed to appear at what was intended to be a very significant response to the report of the Royal Commission on Aboriginal Peoples?
The Royal Commission on Aboriginal Peoples argued that the right of self-determination was vested in all aboriginal peoples of Canada and that this right entitled aboriginal peoples to negotiate the terms of their relationship with Canada and to establish government structures that they considered appropriate for their needs.
The commission further proposed section 35(1) of the Constitution Act, recognizing and affirming aboriginal inherent right to self-government. That right became constitutionally entrenched, thereby providing a basis for aboriginal governments to function as one of three distinct orders of government in Canada.
The commission spoke in favour of negotiations as a means of developing self-government arrangements and clarifying the distribution of powers between governments.
Recent court decisions such as the court decision in New Brunswick concerning the right of aboriginal peoples to harvest trees on crown lands points to the need for negotiations around self-government, the distribution of powers and sharing of natural resources.
The importance of negotiations is also emphasized in one of the most significant cases of the Supreme Court of Canada, the Delgamuukw case. This case involved land claims, aboriginal rights, aboriginal title and self-government.
While reaching many important conclusions around the issue of aboriginal rights, aboriginal title and the importance of oral history in determining such issues, the court ordered a new trial regarding the specific land claims under dispute.
It is important to note that although ordering a new trial the court was not encouraging the parties to settle their dispute through the court but rather through negotiations in the spirit of the self-government principle recognized in the Constitution Act.
The court stated that the best approach in these types of cases is a process of negotiation and reconciliation that properly considers the complex and competing interests at stake.
The court concluded that the crown is under a moral if not a legal duty to enter into and conduct these negotiations in good faith. Ultimately, through such negotiation with give and take on all sides, we will achieve “the reconciliation of the pre-existence of aboriginal societies with the sovereignty of the crown”. The chief justice concluded “let us face it, we are all here to stay”.
In the spirit of that statement I call upon the federal government to negotiate in good faith with aboriginal peoples to resolve issues around land claims, the sharing of natural resources and self-government.