Congress of Aboriginal Peoples - Corbère Report-10

CAP Corbiére Commission Report - Appendix B

Appendix B: CAP Assembly Recommendations

Resolution # 2000-002

Be It Resolved That:

CAP continue the consultation process, information gathering and issues identification relevant to the Corbière decision, and first report;

Further, vigorously advocate for equity of access to funding for all off-reserve people for the Stage Two Corbière process.

Moved By: Charles Simard
Seconded By: David Brandt Carried Unanimously.

Resolution # 2000-003

Be it resolved that CAP support, in principal, the concept of the creation and recognition of local or urban bands, and the right to self identification and membership control.

Moved By: David Brandt
Seconded By: Charles Simar Carried unanimously.

Resolution # 2000-015

Whereas the government of Canada has reiterated consistently that there remains outstanding business to the comprehensive land claims issues in the Maritimes, which includes the provinces of Nova Scotia, New Brunswick and Prince Edward Island;

And whereas the Government of Canada affirmed that the pre-confederation treaties between the crown and the Aboriginal Mikmaq, Maliseet and Passamaquoddy peoples within their traditional lands of Mikmaq are treaties of peace, friendship, commerce and trade, and are not land secession treaties;

And whereas since 1982 the Supreme Court of Canada has consistently affirmed that the treaties of 1752, 1760-61 and others are existing treaties within the meaning of section 25 of the constitution act 1982;

And whereas the governments of Nova Scotia, New Brunswick and Prince Edward Island are but ëtenantí governments on unceded lands of the Mikmaq, Maliseet and Passamaquoddy Aboriginal peoples;

And whereas the greatest numbers of Aboriginal peoples in the 3 Maritime provinces continue to reside on their traditional lands un-displaced to Indian Act reservations and are deemed to live off Indian Act reservations as Aboriginal peoples by the federal and provincial governments;

And whereas the traditional land based Aboriginal peoples are stereotypes and politically prejudiced to be known as off-reservation landless Aboriginal peoples;

Be it resolved that the traditional land based off-reserve Aboriginal peoples of the 3 Maritime provinces be supported by the Congress of Aboriginal Peoples to pursue and test the new bands policy of the DIAND, to reconfirm themselves to both federal and provincial governments to be existing, viable and ongoing communities of Aboriginal peoples who continue to reside on their traditional lands as bands of Aboriginal peoples within their respective PTO Maritime province.

Moved By: Lorraine Cook
Seconded By: Tim Martin Carried unanimously.

Resolution # 2000-031

Whereas the Supreme Court of Canada at great length established in the Corbière decision the test to determine discrimination that violates the equality rights and human dignity of Aboriginal peoples;

Be It Resolved that at each and every instance where a federal, provincial or municipal politician or public or civil servant stereotypes, disadvantages, promotes vulnerability or political or social prejudice against the off-reserve Aboriginal peoples represented by CAP and its PTOs to be lesser or less worthy than on-reserve Aboriginal peoples, that CAP and PTOs declare that action to be discriminatory, and at each and every instance raise the matter with the Canadian Human Rights Commission citing the Supreme Court of Canadaís tests of that action to be a violation of the Charter of Rights and Freedoms.

Moved By: Lorraine Cook
Seconded By: Tim Martin Carried

Resolution # 2000-016

Whereas the Supreme Court of Canada on May 20, 1999 rendered in the Corbière decision that the Government of Canada through the provisions of the Indian Act ìAboriginality residentî distinction violates section 15.1 of the Charter of Rights and Freedoms of Canadians, violates Aboriginal band members for no other reason than their place of residence;

And whereas a functioning democracy requires a process of continuing discussion, and the principles of democracy underlies the Constitution and the Charter and requires that legislatures (parliamentarians, ministers and civil servants) take into account the interests of majorities and minorities alike;

And whereas the Supreme Court of Canada allowed the Government of Canada a period of 18 months to remove the violating provisions of the Indian Act, in an advanced way, that respects equality rights and human dignity of all Aboriginal peoples;

Be it resolved that the Congress of Aboriginal Peoples take all measures and use the decision to abolish the Indian Act and develop with the PTOís a new Aboriginal Peoples Act that is based on the recognition of Aboriginal peoples as peoples and respects their rights and human dignity as peoples.

Moved By: Lorraine Cook
Seconded By: Tim Martin Carried unanimously.

Resolution # 2000-017

Whereas the Supreme Court of Canada in the Corbière decision clearly determined that differential treatment based on Aboriginality residence perpetuates the long standing ideas and Non-aboriginal culture about where Aboriginal people belong and creates a disadvantage, stereotyping, vulnerability and prejudice to the disadvantage of the off-reserve Aboriginal peoples;

Be it resolved that CAP demand equality and equity of access and treatment by all federal and provincial departments including but not limited to HRDC, DFO, Health and Welfare, CMHC, etc.

Moved By: Lorraine Cook
Seconded By: Tim Martin Carried unanimously.

Resolution # 2000-034

Whereas CAP has not developed an adequate action plan in response to the Corbière decision and its effects on urban Aboriginal people.

Therefore Be it Resolved that CAP establish a technical and political team that will:

Create policy on behalf of urban Aboriginal peoples

Create position papers

Coordinate political, legal and direct action activities to support recommendations of CAP constituents.

Further, that the technical and political team consists of one delegate from each PTO and territory.

Further, that CAP acquire and allocate adequate resources for this technical and political team to act in the interest of CAP members.

Moved By: David Dennis
Seconded By: Winston Mckay Carried.

Table Of Contents
Introduction	Issues Raised	Need For A Moratorium	Need For Regulations
Drafting Process	Content Of Regulations	Custom Elections	Issues for Phase II
Appendix A			Appendix B