OFF-RESERVE ABORIGINAL PEOPLES SPECIFICALLY IMPLICATED IN FEDERAL ACTION PLAN FOR CLAIMS RESOLUTION
CAP applauds historic move to eliminate claims backlog
(OTTAWA – June 13, 2007) The Congress of Aboriginal Peoples (CAP) applauds the announcement made yesterday by Prime Minister Harper and Indian Affairs Minister Jim Prentice regarding the federal government’s plan to fundamentally and decisively improve the resolution of specific claims in Canada.
National Chief Patrick Brazeau commended the Government of Canada and the Assembly of First Nations (AFN) for their collaboration in bringing this matter forward. Chief Brazeau was also quick to emphasize the need for consultation and involvement of the broader First Nations community rather than with the only 600-plus Chiefs who comprise the AFN membership.
The National Chief was clear in his call for the engagement of the broader First Nations community. “We believe it is Canada’s fiduciary and moral responsibility to undertake purposeful steps to ensure that all treaty beneficiaries and off-reserve First Nations peoples are granted their entitlement to full and effective participation in all stages of negotiation and settlement of such claims,” said Chief Brazeau.
National Chief Brazeau also affirmed that such a position is not without legal precedent. “In the 1999 Corbiere v. Canada decision, rendered by the Supreme Court of Canada, it was affirmed that the principles of democracy, equality and respect for human rights are the grounds for ensuring that future land rights agreements are inclusive of all Aboriginal peoples,” asserted Chief Brazeau.
Yesterday’s announcement by Prime Minister Harper and Indian Affairs Minister Prentice is hard evidence of the government’s commitment to addressing Aboriginal affairs issues and to working with the Aboriginal community to overcome obstacles to progress.
Further, it affirms the commitments made by Mr. Harper in his letter to the Congress received during the last election campaign, in which he outlined his party’s commitments to the Aboriginal community.
Specifically, he wrote that a Harper government would recognize “the Crown's treaty and fiduciary obligations, which date to the Royal Proclamation of 1769, as enshrined in the Constitution Act (1982). These treaties and relationships are constitutionally guaranteed. They shall be protected.” In his letter to the Congress, Mr. Harper also committed that his government would realize “ that the treaties did not place all the obligations upon the Indians; the Crown took on obligations of its own. By taking treaty, Indian Nations surrendered their lands but not their dignity or their culture”.
CAP’s National Chief also cited further elements of the Supreme Court of Canada’s findings in its Corbiere decision, whereby the Court determined that Status Indians living away from Indian Act reserves in urban centres form part of a “discrete and insular minority, defined by both race and residence, which is vulnerable and has, at times, not been given equal consideration or respect by the government or by others in Canadian or Aboriginal society.”
Given these realities, the National Chief is optimistic about the strong message yesterday’s announcement sends to off-reserve First Nations peoples. “The Prime Minister, Minister Prentice and the National Chief of the Assembly of First Nations all agree that the announcement of measures to significantly expedite settlement of specific claims is a testament to the perseverance and dedication of First Nations peoples. I share this view,” said National Chief Brazeau.
“We are willing, ready and able to work with the Government of Canada, provincial and territorial governments, First Nations leaders, and most importantly, off-reserve First Nations peoples at the grassroots level, to ensure that entitlements, needs and aspirations of all First Nations citizens are heard, accommodated and respected, regardless of where they live or whether they have registered Indian status,” pledged the National Chief.
The National Chief was quick to temper his optimism with a pragmatic reminder of the need to ensure that such a process respects and includes consultation with the off-reserve Aboriginal community. “We intend on being there every step of the way in the roll-out of this historic process. The test of the legacy of this endeavour will be the degree to which its enabling legislation is inclusive, respectful and accommodating of the needs of all First Nations peoples,” cautioned the National Chief.
In the final analysis though, Chief Brazeau feels there is cause for much optimism: “Such a status- and residency-blind approach to enacting the historic provisions announced yesterday by the Government of Canada is much like the aim of the independent claims body itself: Fair, independent and just – and what can be more noble than that?” asked the National Chief.
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For further information, please contact:
Al Fleming
Director
Public Affairs
613-747-6022 (office)
613-867-8696 (mobile)
al@abo-peoples.org
